BILL NUMBER: SB 1004 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 29, 2016
AMENDED IN SENATE MAY 31, 2016
AMENDED IN SENATE APRIL 21, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Hill
FEBRUARY 10, 2016
An act to add and repeal Chapter 2.55 (commencing with Section
1000.7) of Title 6 of Part 2 of the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
SB 1004, as amended, Hill. Transitional youth diversion program.
Existing law provides that entry of judgment may be deferred with
respect to a defendant who is charged with certain crimes involving
possession of controlled substances, who pleads guilty to the charge
or charges, and who meets certain criteria, including that he or she
has no prior convictions for any offense involving controlled
substances and has had no felony convictions within the 5 years
prior, as specified. Existing law requires the criminal charge or
charges to be dismissed if the defendant has performed satisfactorily
in a specified program during the period in which deferred entry of
judgment was granted.
This bill would authorize specified counties to establish a pilot
program to operate a transitional youth diversion program for
eligible defendants. The bill would authorize a defendant to
participate in the diversion program within the county's juvenile
hall if that person is charged with committing a felony offense,
except as specified, he or she pleads guilty to the charge or
charges, and the probation department determines that the person
meets specified requirements, including that the defendant is 18
years of age or older, but under 21 years of age on the date the
offense was committed, is suitable for the program, and shows the
ability to benefit from services generally reserved for delinquents.
The bill would require the probation department to develop a plan for
reentry services.
The bill would require the court to grant deferred entry of
judgment if the eligible defendant consents to participate in the
program, waives his or her right to a speedy trial or a speedy
preliminary hearing, pleads guilty to the charge or charges, and
waives time for the pronouncement of judgment. The bill would also
require the court to render a finding of guilt to the charge or
charges pleaded pleaded, enter
judgment, and schedule a sentencing hearing, and would require the
return of the defendant to custody in a county jail if the court
finds that the defendant is performing unsatisfactorily in the
program or that the defendant is not benefiting from the services in
the program. If the defendant has performed satisfactorily during the
period in which deferred entry of judgment was granted, at the end
of that period, the bill would require the court to dismiss the
criminal charge or charges.
The bill would require a county, prior to establishing a pilot
program, to apply to the Board of State and Community Corrections for
approval of a county institution as a suitable place for confinement
for the purpose of the pilot program. The bill would require the
board to review and approve or deny the application of the county
within 30 days of receiving notice of this proposed use. The bill
would also require each county to establish a multidisciplinary team
consisting of representatives of specified local entities. The team
would be required to meet periodically to review and discuss the
implementation, practices, and impact of the program. The bill would
also require the county to evaluate the pilot program.
The bill would require the probation department to submit data
relating to the effectiveness of the program to the Division of
Recidivism Reduction and Re-Entry, within the Department of Justice.
The bill would prohibit a defendant participating in the program from
coming into contact with minors within the juvenile hall, would
prohibit a defendant from serving longer than one year in custody
within a county's juvenile hall pursuant to the program, and would
require the board to review a county's pilot program to ensure
compliance with the federal Juvenile Justice and Delinquency
Prevention Act of 1974, as specified.
The bill would require a county that establishes a pilot program
pursuant to these provisions to submit data regarding the pilot
program to the board, and would require the board to conduct an
evaluation of the pilot program's impact and effectiveness, as
specified. The bill would require the evaluation to be combined into
a comprehensive report and submitted to the Assembly and Senate
Public Safety Committees. The bill would also authorize the board to
contract with an independent entity, including, but not limited to,
the Regents of the University of California, to carry out these
duties.
The authority conferred by this bill would be repealed on January
1, 2020.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the Counties of Alameda,
Butte, Napa, Nevada, and Santa Clara.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 2.55 (commencing with Section 1000.7) is added
to Title 6 of Part 2 of the Penal Code, to read:
CHAPTER 2.55. TRANSITIONAL YOUTH DIVERSION PROGRAM
1000.7. (a) The following counties may establish a pilot program
pursuant to this section to operate a transitional youth diversion
program for eligible defendants described in subdivision (b):
(1) County of Alameda.
(2) County of Butte.
(3) County of Napa.
(4) County of Nevada.
(5) County of Santa Clara.
(b) A defendant may participate in a transitional youth diversion
program within the county's juvenile hall if that person is charged
with committing a felony offense, other than the offenses listed
under subdivision (d), he or she pleads guilty to the charge or
charges, and the probation department determines that the person
meets all of the following requirements:
(1) Is 18 years of age or older, but under 21 years of age on the
date the offense was committed.
(2) Is suitable for the program after evaluation using a risk
assessment tool, as described in subdivision (c).
(3) Shows the ability to benefit from services generally reserved
for delinquents, including, but not limited to, cognitive behavioral
therapy, other mental health services, and age-appropriate
educational, vocational, and supervision services, that are currently
deployed under the jurisdiction of the juvenile court.
(4) Meets the rules of the juvenile hall.
(5) Does not have a prior or current conviction for committing an
offense listed under subdivision (c) of Section 1192.7 or subdivision
(c) of Section 667.5.
(6) Is not required to register as a sex offender pursuant to
Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.
(c) The probation department, in consultation with the superior
court, district attorney, and sheriff of the county or the
governmental body charged with operating the county jail, shall
develop an evaluation process using a risk assessment tool to
determine eligibility for the program.
(d) The commission by the defendant of one or more of the
following offenses makes him or her not eligible for the program:
(1) An offense listed under subdivision (c) of Section 1192.7.
(2) An offense listed under subdivision (c) of Section 667.5.
(3) An offense listed under subdivision (b) of Section 707 of the
Welfare and Institutions Code.
(e) The court shall grant deferred entry of judgment if an
eligible defendant consents to participate in the program, waives his
or her right to a speedy trial or a speedy preliminary hearing,
pleads guilty to the charge or charges, and waives time for the
pronouncement of judgment.
(f) (1) If the probation officer determines that the defendant is
not eligible for the transitional youth diversion program or the
defendant does not consent to participate in the program, the
proceedings shall continue as in any other case.
(2) If it appears to the probation department that the defendant
is performing unsatisfactorily in the program as a result of the
commission of a new crime or the violation of any of the rules of the
juvenile hall or that the defendant is not benefiting from the
services in the program, the probation department may make a motion
for entry of judgment. After notice to the defendant, the court shall
hold a hearing to determine whether judgment should be entered. If
the court finds that the defendant is performing unsatisfactorily in
the program or that the defendant is not benefiting from the services
in the program, the court shall render a finding of guilt to the
charge or charges pled, pleaded, enter
judgment, and schedule a sentencing hearing as otherwise provided in
this code, and the probation department, in consultation with the
county sheriff, shall remove the defendant from the program and
return him or her to custody in county jail. The mechanism of when
and how the defendant is moved from custody in juvenile hall to
custody in a county jail shall be determined by the local justice
stakeholders.
(3) If the defendant has performed satisfactorily during the
period in which deferred entry of judgment was granted, at the end of
that period, the court shall dismiss the criminal charge or charges.
(g) A defendant shall serve no longer than one year in custody
within a county's juvenile hall pursuant to the program.
(h) The probation department shall develop a plan for reentry
services, including, but not limited to, housing, employment, and
education services, as a component of the program.
(i) The probation department shall submit data relating to the
effectiveness of the program to the Division of Recidivism Reduction
and Re-Entry, within the Department of Justice, including recidivism
rates for program participants as compared to recidivism rates for
similar populations in the adult system within the county.
(j) A defendant participating in the program pursuant to this
section shall not come into contact with minors within the juvenile
hall for any purpose, including, but not limited to, housing,
recreation, or education.
(k) Prior to establishing a pilot program pursuant to this
section, the county shall apply to the Board of State and Community
Corrections for approval of a county institution as a suitable place
for confinement for the purpose of the pilot program. The board shall
review and approve or deny the application of the county within 30
days of receiving notice of this proposed use. In its review, the
board shall take into account the available programming, capacity,
and safety of the institution as a place for the confinement and
rehabilitation of individuals within the jurisdiction of the criminal
court, and those within the jurisdiction of the juvenile court.
(l) The Board of State and Community Corrections shall review a
county's pilot program to ensure compliance with requirements of the
federal Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. Sec. 5601 et seq.), as amended, relating to "sight and sound"
separation between juveniles and adult inmates.
(m) (1) This section applies to a defendant who would otherwise
serve time in custody in a county jail. Participation in a program
pursuant to this section shall not be authorized as an alternative to
a sentence involving community supervision.
(2) Each county shall establish a multidisciplinary team that
shall meet periodically to review and discuss the implementation,
practices, and impact of the program. The team shall include
representatives from the following:
(A) Probation department.
(B) The district attorney's office.
(C) The public defender's office.
(D) The sheriff's department.
(E) Courts located in the county.
(F) The county board of supervisors.
(G) The county health and human services department.
(H) A youth advocacy group.
(n) (1) A county that establishes a pilot
program pursuant to this section shall conduct
submit data regarding the pilot program to the Board of State
and Community Corrections.
(2) The board shall conduct an
evaluation of its the pilot program's
impact and effectiveness. The evaluation shall include, but not be
limited to, evaluating each pilot program's impact on sentencing
and impact on opportunities for community supervision,
monitoring the program's effect on minors in the juvenile facility,
if any, and its effectiveness with respect to program participants,
including outcome-related data for program participants compared to
young adult offenders sentenced for comparable crimes.
(3) Each evaluation shall be combined into a comprehensive report
and submitted to the Assembly and Senate Committees on Public Safety.
(4) The board may contract with an independent entity, including,
but not limited to, the Regents of the University of California, for
the purposes of carrying out the duties of the board pursuant to this
subdivision.
(o) This chapter shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 2. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances in the Counties of Alameda,
Butte, Napa, Nevada, and Santa Clara. Recent research on the
adolescent brain development has found that brain development
continues well after an individual reaches 18 years of age. This bill
would therefore allow for the criminal justice system to apply the
most recent brain development research to its practices in these
counties by allowing certain transitional age youth access to
age-appropriate rehabilitative services available in the juvenile
justice system when an assessment determines that the individual
would benefit from the services, with the aim of reducing the
likelihood of the youth continuing in the criminal justice system.