Amended in Assembly August 1, 2016

Amended in Assembly June 29, 2016

Amended in Senate May 31, 2016

Amended in Senate April 21, 2016

Amended in Senate March 28, 2016

Senate BillNo. 1004


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. begin deleteTransitional youth diversion program. end deletebegin insertYoung adults: deferred entry of judgment pilot program.end insert

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 abegin delete transitional youth diversion programend deletebegin insert deferred entry of judgment pilot programend insert for eligible defendants. The bill would authorize a defendant to participate in thebegin delete diversionend delete 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, 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.begin delete The bill would also require the county to evaluate the pilot program.end delete

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:

P3    1

SECTION 1.  

Chapter 2.55 (commencing with Section 1000.7)
2is added to Title 6 of Part 2 of the Penal Code, to read:

3 

4Chapter  2.55. begin deleteTransitional Youth Diversion end deletebegin insertDeferred
5Entry of Judgment Pilot end insert
Program
6

 

7

1000.7.  

(a) The following counties may establish a pilot
8program pursuant to this section to operate abegin delete transitional youth
9diversionend delete
begin insert deferred entry of judgment pilotend insert program for eligible
10defendants described in subdivision (b):

11(1) County of Alameda.

12(2) County of Butte.

13(3) County of Napa.

14(4) County of Nevada.

15(5) County of Santa Clara.

16(b) A defendant may participate in abegin delete transitional youth diversionend delete
17begin insert deferred entry of judgment pilotend insert program within the county’s
18juvenile hall if that person is charged with committing a felony
19offense, other than the offenses listed under subdivision (d), he or
P4    1she pleads guilty to the charge or charges, and the probation
2department determines that the person meets all of the following
3requirements:

4(1) Is 18 years of age or older, but under 21 years of age on the
5date the offense was committed.

6(2) Is suitable for the program after evaluation using a risk
7assessment tool, as described in subdivision (c).

8(3) Shows the ability to benefit from services generally reserved
9for delinquents, including, but not limited to, cognitive behavioral
10therapy, other mental health services, and age-appropriate
11educational, vocational, and supervision services, that are currently
12deployed under the jurisdiction of the juvenile court.

13(4) Meets the rules of the juvenile hall.

14(5) Does not have a prior or current conviction for committing
15an offense listed under subdivision (c) of Section 1192.7 or
16subdivision (c) of Section 667.5.

17(6) Is not required to register as a sex offender pursuant to
18Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.

19(c) The probation department, in consultation with the superior
20court, district attorney, and sheriff of the county or the
21governmental body charged with operating the county jail, shall
22develop an evaluation process using a risk assessment tool to
23determine eligibility for the program.

24(d) The commission by the defendant of one or more of the
25 following offenses makes him or her not eligible for the program:

26(1) An offense listed under subdivision (c) of Section 1192.7.

27(2) An offense listed under subdivision (c) of Section 667.5.

28(3) An offense listed under subdivision (b) of Section 707 of
29the Welfare and Institutions Code.

30(e) The court shall grant deferred entry of judgment if an eligible
31defendant consents to participate in the program, waives his or her
32right to a speedy trial or a speedy preliminary hearing, pleads guilty
33to the charge or charges, and waives time for the pronouncement
34of judgment.

35(f) (1) If the probation officer determines that the defendant is
36not eligible for thebegin delete transitional youth diversionend deletebegin insert deferred entry of
37judgment pilotend insert
program or the defendant does not consent to
38participate in the program, the proceedings shall continue as in
39any other case.

P5    1(2) If it appears to the probation department that the defendant
2is performing unsatisfactorily in the program as a result of the
3commission of a new crime or the violation of any of the rules of
4the juvenile hall or that the defendant is not benefiting from the
5services in the program, the probation department may make a
6motion for entry of judgment. After notice to the defendant, the
7court shall hold a hearing to determine whether judgment should
8be entered. If the court finds that the defendant is performing
9unsatisfactorily in the program or that the defendant is not
10benefiting from the services in the program, the court shall render
11a finding of guilt to the charge or charges pleaded, enter judgment,
12and schedule a sentencing hearing as otherwise provided in this
13code, and the probation department, in consultation with the county
14sheriff, shall remove the defendant from the program and return
15him or her to custody in county jail. The mechanism of when and
16how the defendant is moved from custody in juvenile hall to
17custody in a county jail shall be determined by the local justice
18stakeholders.

19(3) If the defendant has performed satisfactorily during the
20period in which deferred entry of judgment was granted, at the end
21of that period, the court shall dismiss the criminal charge or
22charges.

23(g) A defendant shall serve no longer than one year in custody
24within a county’s juvenile hall pursuant to the program.

25(h) The probation department shall develop a plan for reentry
26services, including, but not limited to, housing, employment, and
27education services, as a component of the program.

28(i) The probation department shall submit data relating to the
29effectiveness of the program to the Division of Recidivism
30Reduction and Re-Entry, within the Department of Justice,
31including recidivism rates for program participants as compared
32to recidivism rates for similar populations in the adult system
33within the county.

34(j) A defendant participating in the program pursuant to this
35section shall not come into contact with minors within the juvenile
36hall for any purpose, including, but not limited to, housing,
37recreation, or education.

38(k) Prior to establishing a pilot program pursuant to this section,
39the county shall apply to the Board of State and Community
40Corrections for approval of a county institution as a suitable place
P6    1for confinement for the purpose of the pilot program. The board
2shall review and approve or deny the application of the county
3within 30 days of receiving notice of this proposed use. In its
4review, the board shall take into account the available
5programming, capacity, and safety of the institution as a place for
6the confinement and rehabilitation of individuals within the
7jurisdiction of the criminal court, and those within the jurisdiction
8of the juvenile court.

9(l) The Board of State and Community Corrections shall review
10a county’s pilot program to ensure compliance with requirements
11of the federal Juvenile Justice and Delinquency Prevention Act of
121974 (42 U.S.C. Sec. 5601 et seq.), as amended, relating to “sight
13and sound” separation between juveniles and adult inmates.

14(m) (1) This section applies to a defendant who would otherwise
15serve time in custody in a county jail. Participation in a program
16pursuant to this section shall not be authorized as an alternative to
17a sentence involving community supervision.

18(2) Each county shall establish a multidisciplinary team that
19shall meet periodically to review and discuss the implementation,
20practices, and impact of the program. The team shall include
21representatives from the following:

22(A) Probation department.

23(B) The district attorney’s office.

24(C) The public defender’s office.

25(D) The sheriff’s department.

26(E) Courts located in the county.

27(F) The county board of supervisors.

28(G) The county health and human services department.

29(H) A youth advocacy group.

30(n) (1) A county that establishes a pilot program pursuant to
31this section shall submit data regarding the pilot program to the
32Board of State and Community Corrections.

33(2) The board shall conduct an evaluation of the pilot program’s
34impact and effectiveness. The evaluation shall include, but not be
35limited to, evaluating each pilot program’s impact on sentencing
36and impact on opportunities for community supervision, monitoring
37the program’s effect on minors in the juvenile facility, if any, and
38its effectiveness with respect to program participants, including
39outcome-related data for program participants compared to young
40adult offenders sentenced for comparable crimes.

P7    1(3) Each evaluation shall be combined into a comprehensive
2report and submitted to the Assembly and Senate Committees on
3Public Safety.

4(4) The board may contract with an independent entity,
5including, but not limited to, the Regents of the University of
6California, for the purposes of carrying out the duties of the board
7pursuant to this subdivision.

8(o) This chapter shall remain in effect only until January 1,
92020, and as of that date is repealed, unless a later enacted statute,
10that is enacted before January 1, 2020, deletes or extends that date.

11

SEC. 2.  

The Legislature finds and declares that a special law
12is necessary and that a general law cannot be made applicable
13within the meaning of Section 16 of Article IV of the California
14Constitution because of the unique circumstances in the Counties
15of Alameda, Butte, Napa, Nevada, and Santa Clara. Recent research
16on the adolescent brain development has found that brain
17development continues well after an individual reaches 18 years
18of age. This bill would therefore allow for the criminal justice
19system to apply the most recent brain development research to its
20practices in these counties by allowing certain transitional age
21youth access to age-appropriate rehabilitative services available
22in the juvenile justice system when an assessment determines that
23the individual would benefit from the services, with the aim of
24reducing the likelihood of the youth continuing in the criminal
25justice system.



O

    94