BILL NUMBER: SB 334	CHAPTERED  10/10/99

	CHAPTER   996
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	PASSED THE SENATE   SEPTEMBER 10, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 9, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 7, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JUNE 10, 1999
	AMENDED IN ASSEMBLY   MAY 19, 1999
	AMENDED IN SENATE   APRIL 5, 1999

INTRODUCED BY   Senator Alpert and Assembly Member Rod Pacheco
   (Principal coauthors:  Assembly Members Florez and Kuehl)
   (Coauthors:  Senators Baca, Hughes, McPherson, and Rainey)
   (Coauthors:  Assembly Members Aanestad, Battin, Brewer, Cox,
Cunneen, Dickerson, Leach, Olberg, Oller, Robert Pacheco, Pescetti,
Torlakson, Washington, and Zettel)

                        FEBRUARY 9, 1999

   An act to amend Sections 35294.1, 35294.5, 35294.6, 35294.7,
35294.8, and 35294.9 of, to add Article 10.4 (commencing with Section
35294.10) to Chapter 2 of Part 21 of, and to amend and repeal
Section 35294.2 of, the Education Code, to add Sections 1170.17 and
1170.19 to the Penal Code, and to amend Sections 602, 606, 625.3,
628.1, 629, 656.2, 676, 676.5, 827, 827.5, and 1120.1 of, to amend
and renumber Section 827.1 of, to add Sections 602.5, 725.1, and
730.7 to, and to repeal and add Section 827.6 of, the Welfare and
Institutions Code, relating to youthful offenders, and making an
appropriation therefor.

      (Approved by Governor October 10, 1999.  Filed with
Secretary of State October 10, 1999.)

   I am signing Senate Bill No. 334; however, I am deleting specified
appropriations made by this bill as described below.
   This bill establishes the School Safety and Violence Prevention
Strategy and makes an appropriation therefore to the Superintendent
of Public Instruction; repeals the January 1, 2000, sunset clauses in
existing law for the development and implementation of school safety
plans; makes an appropriation to the Board of Corrections to carry
out the At-Risk Youth Early Intervention Program; makes several
revisions to existing statutes relating to juvenile criminal
procedure; requires the Department of the Youth Authority to develop
a high school graduation plan for each ward who has not attained a
high school diploma or equivalent certificate and to enroll that ward
in an appropriate educational program; and makes appropriations to
the Counties of Riverside, San Diego, and San Francisco for specified
programs.
   I approved a $100 million augmentation in the 1999 Budget Act for
school safety to fund school district safety initiatives such as
school counselors, school psychologists, fencing, and video cameras.
Consequently, I am deleting the $5 million appropriation to the
Superintendent of Public Instruction to carry out the School Safety
Violence Protection Act program.
   In addition, I am deleting the appropriations of $1.5 million to
the Board of Corrections; $1.5 million to the County of Riverside to
expand the Project Bridge Gang Crime Prevention Program; and $3
million in 1999-00 and an additional $1 million in both 2000-01 and
2001-02 to the County of San Diego for the purchase and operation of
the San Pasqual Academy.  I believe these appropriations should be
considered within the context of the annual budget process, competing
with other General Fund priorities.
   However, I am sustaining the $1.8 million appropriation to the
City and County of San Francisco to acquire and install surveillance
cameras on its municipal railway public transit vehicles; this
appropriation was erroneously deleted in the 1999 Budget Act.

                                                 GRAY DAVIS, Governor


	LEGISLATIVE COUNSEL'S DIGEST


   SB 334, Alpert.  Youthful offenders:  education.
   (1) Existing law, the Arnold-Kennick Juvenile Court Law, provides
that any person who is under the age of 18 years when he or she
violates any criminal law while in this state, except an age curfew
ordinance, comes within the jurisdiction of the juvenile court, which
may adjudge the person a ward of the court.  Existing law also sets
forth various provisions governing the adjudication of juvenile court
cases, the transfer of certain juvenile court cases to criminal
court, the detention of juveniles prior to hearing, the conduct of
juvenile court hearings, judgments and orders governing wards of the
juvenile court, and juvenile court records.
   This bill would enact the ""No More Victims' Violence Prevention
and School Safety 2000 Strategy," setting forth the findings and
declarations of the Legislature regarding juvenile crime.  The bill
would also revise and recast various provisions of the Arnold-Kennick
Juvenile Court Law with respect to the direct prosecution of certain
juvenile repeat offenders who are 16 years of age or older in a
criminal court, the sentencing of juvenile offenders who are
convicted in a court of criminal jurisdiction, the assessment of the
mental health status of juveniles armed during a felony or attempted
felony, the conditions of release from secure detention, public
attendance at juvenile court hearings, the rights of victims of
juvenile crime to attend juvenile court hearings with support persons
and to present victim impact statements, the notification of the
Department of Justice by the juvenile court regarding minors adjudged
a ward of the court for specified criminal offenses, reports to the
court by a juvenile regarding the payment of restitution or
performance of community service, and the disclosure by a law
enforcement agency of the names of juveniles 14 years of age or older
who are alleged to have committed a serious or violent felony, as
defined.  The bill would impose a state-mandated local program by
revising the elements of a crime regarding the confidentiality
provisions governing records of pupils who have been declared wards
of the juvenile court, violation of which is a misdemeanor.
   (2) Existing law requires the Department of the Youth Authority to
establish the office of the Superintendent of Education to oversee
educational programs under the jurisdiction of the department.
   This bill would require the department to ensure that each ward
who has not attained a high school diploma or equivalent shall be
enrolled in an appropriate educational program as deemed necessary by
the department, and to develop a high school graduation plan for
that ward.
   (3) Existing law declares the intent of the Legislature that all
California public schools operated by school districts develop a
comprehensive school safety plan.  Existing law requires that the
comprehensive school safety plan include, but not necessarily be
limited to, among other things, assessing the current status of
school crime committed on school campuses and at school-related
functions and identifying appropriate strategies and programs that
will provide or maintain a high level of school safety and address
the school's procedures for complying with existing laws related to
school safety.
   Under existing law, the governing board of a school district, on
behalf of one or more schools within the district that have developed
a school safety plan, may apply to the Superintendent of Public
Instruction for a grant to implement school safety plans, and the
Superintendent of Public Instruction is required to award those
grants in the 1989-90, 1990-91, and 1991-92 fiscal years, in an
amount not to exceed $5,000.
   Existing law requires that the comprehensive school safety plan be
evaluated and amended, as needed, by the schoolsite council or the
school safety planning committee no less than once a year.  Existing
law requires that each school adopt its comprehensive school safety
plan by September 1, 1998.
   Existing law requires each school to forward its comprehensive
school safety plan to the school district or county office of
education for approval. Existing law requires each school district or
county office of education to notify the State Department of
Education by October 15, 1998, of any schools that have not complied
with the requirement of developing a comprehensive school safety
plan.
   Under existing law, these provisions would be repealed on January
1, 2000, however, the comprehensive school safety plan would continue
to be evaluated and amended by the schoolsite council.
   This bill would extend the operative date of those provisions
indefinitely and would instead require each school to adopt its
comprehensive school safety plan by March 1, 2000, and to review and
update the plan by March 1 every year thereafter.  The bill would
also require each school district or county office of education to
notify the State Department of Education annually of any schools that
have not complied with the requirement of developing a comprehensive
school safety plan.  The bill would require, commencing in July 1,
2000, and every July thereafter, each school to report on the status
of its school safety plan, including a description of its key
elements in the school accountability report card otherwise required
by law.
   (4) Under existing law, various programs are designed to promote
school safety and prevent school violence including, among others,
the Interagency School Safety Demonstration Act of 1985, the School
Community Policing Programs, and provisions pertaining to the
development of school safety plans.
   This bill would establish the School Safety and Violence
Prevention Strategy Program, to be administered by the Superintendent
of Public Instruction for the purpose of promoting school safety and
violence prevention programs among children and youth in the public
schools.  The bill would require the Superintendent of Public
Instruction, in conjunction with the Attorney General, to develop
guidelines and standards for evaluating grant applications, and to
award grants on a competitive basis to schools that develop school
safety plans and demonstrate a collaborative and coordinated approach
for implementing a comprehensive school safety and violence
prevention strategy to be used for certain purposes, including, but
not limited to, providing counselors who are specially trained in
identifying and supporting at-risk children and youth.  The bill
would require the Superintendent of Public Instruction and the
Attorney General to cooperatively design an evaluation process for
the program and activities established under the School Safety and
Violence Prevention Strategy, and to report to the Legislature by
January 1 of each year on those programs.  The bill would also
require a school principal to disseminate information regarding a
minor who has been found to have committed any specified felony or
misdemeanor to a teacher or administrator, as specified.
   The bill would appropriate $5,000,000 from the General Fund to the
Superintendent of Public Instruction to carry out the program.  The
bill would provide that these funds would be applied toward the
minimum funding requirements for school districts and community
college districts imposed by Section 8 of Article XVI of the
California Constitution.  The bill would appropriate $1,500,000 from
the General Fund to the Board of Corrections for the At-Risk Youth
Early Intervention Program, as specified.  The bill would also
appropriate $3,000,000 to the County of San Diego for the purchase of
the San Pasqual Academy, as specified, $1,800,000 to the City and
County of San Francisco for the purchase and installation of
surveillance cameras on the public transit vehicles of the municipal
railway, and $1,500,000 to the City of Riverside for the purpose of
expanding the operation of the Project Bridge Gang crime prevention
program.
   (5) Because the provisions of the bill described above increase
the duties of school officials, court personnel, law enforcement
officers, and various other local officials, this bill would impose a
state-mandated local program.
   (6) The bill would incorporate additional changes to Section 827
of the Welfare and Institutions Code made by SB 199 and SB 792, to
take effect if one or both bills are enacted and this bill is enacted
last.
  (7) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  This act shall be known, and may be cited, as the ""No
More Victims' Violence Prevention and School Safety 2000 Strategy."
  SEC. 2.  The Legislature declares each of the following findings:
   (a) Ensuring the safety of the people of California from serious
and violent crime is the most profound obligation of state and local
government.
   (b) The fundamental goal of California's crime policy must be to
prevent crime before it occurs and to reduce the number of
Californians who are victims of crime.  The commitment to fighting
crime and ending violence in our society ultimately must be a "No
More Victims" strategy aimed not only at short-term crime control,
but also at long-term crime prevention.
   (c) Safe schools, safe families, and safe communities are the
cornerstones of a just and prosperous society.  A comprehensive crime
and violence prevention strategy must be based on these three
essential elements of our California community.
   (d) The juvenile justice system must respond to youth crime by
protecting our communities, restoring losses suffered by victims, and
reforming juvenile offenders into productive, law-abiding citizens.
Restitution accountability is central to restoring victims and
reforming youthful offenders.
   (e) Despite recent declines in the rate of arrests of juveniles
for crimes of violence, statewide victimization and arrest rates of
juveniles and young adults for acts involving violence remain
unacceptably high.
   (f) California urgently needs a comprehensive youth and gang
violence prevention strategy designed to ensure the safety of our
families, our schools, and our communities.
   (g) The resources and responses of the California juvenile and
criminal justice systems can be marshaled more effectively to control
and prevent youth and gang violence.
   (h) State-funded violence prevention programs are scattered among
10 or more state agencies without adequate coordination.  Both the
Little Hoover Commission and the Task Force to Review Juvenile Crime
and the Juvenile Justice Response have recommended that youth crime
and violence prevention programs be consolidated within a single
state agency for greater effectiveness.
   (i) Local communities need assistance, including economic
assistance, to implement effective strategies and programs for the
prevention of violence among youth and gangs.
   (j) Model, innovative, and successful violence prevention programs
must be systematically identified, implemented, and evaluated in
California.
   (k) The long-term health of our society depends on a renewed
commitment to community-building, with an increased emphasis on crime
and violence prevention, community involvement, and collaboration.
  SEC. 3.  Section 35294.1 of the Education Code is amended to read:

   35294.1.  (a) Each school district and county office of education
is responsible for the overall development of comprehensive school
safety plans for its schools operating any kindergarten and any of
grades 1 to 12, inclusive.
   (b) (1) Except as provided in subdivision (d) with regard to a
small school district, the schoolsite council established pursuant to
Section 52012 or 52852 shall write and develop a comprehensive
school safety plan relevant to the needs and resources of that
particular school.
   (2) The schoolsite council may delegate this responsibility to a
school safety planning committee made up of the following members:
   (A) The principal or the principal's designee.
   (B) One teacher who is a representative of the recognized
certificated employee organization.
   (C) One parent whose child attends the school.
   (D) One classified employee who is a representative of the
recognized classified employee organization.
   (E) Other members, if desired.
   (3) The schoolsite council shall consult with a representative
from a law enforcement agency in the writing and development of the
comprehensive school safety plan.
   (4) In the absence of a schoolsite council, the members specified
in paragraph (2) shall serve as the school safety planning committee.

   (c) Nothing in this article shall limit or take away the authority
of school boards as guaranteed under this code.
   (d) (1) Subdivision (b) shall not apply to a small school
district, as defined in paragraph (2), if the small school district
develops a districtwide comprehensive school safety plan that is
applicable to each schoolsite.
   (2) As used in this article, "small school district" means a
school district that has fewer than 2,501 units of average daily
attendance in the 1997-98 fiscal year.
  SEC. 4.  Section 35294.2 of the Education Code is amended to read:

   35294.2.  (a) The comprehensive school safety plan shall include,
but not necessarily be limited to, the following:
   (1) Assessing the current status of school crime committed on
school campuses and at school-related functions.
   (2) Identifying appropriate strategies and programs that will
provide or maintain a high level of school safety and address the
school's procedures for complying with existing laws related to
school safety, which shall include the development of all of the
following:
   (A) Child abuse reporting procedures consistent with Article 2.5
(commencing with Section 11164) of Title 1 of Part 4 of the Penal
Code.
   (B) Disaster procedures, routine and emergency.
   (C) Policies pursuant to subdivision (d) of Section 48915 for
pupils who committed an act listed in subdivision (c) of Section
48915 and other school-designated serious acts which would lead to
suspension, expulsion, or mandatory expulsion recommendations
pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of
Part 27.
   (D) Procedures to notify teachers of dangerous pupils pursuant to
Section 49079.
   (E) A sexual harassment policy, pursuant to subdivision (b) of
Section 231.5.
   (F) The provisions of any schoolwide dress code, pursuant to
Section 35183, that prohibits pupils from wearing "gang-related
apparel," if the school has adopted such a dress code.  For those
purposes, the comprehensive school safety plan shall define
"gang-related apparel."  The definition shall be limited to apparel
that, if worn or displayed on a school campus, reasonably could be
determined to threaten the health and safety of the school
environment.  Any schoolwide dress code established pursuant to this
section and Section 35183 shall be enforced on the school campus and
at any school-sponsored activity by the principal of the school or
the person designated by the principal.  For the purposes of this
paragraph, "gang-related apparel" shall not be considered a protected
form of speech pursuant to Section 48950.
   (G) Procedures for safe ingress and egress of pupils, parents, and
school employees to and from school.
   (H) A safe and orderly environment conducive to learning at the
school.
   (I) The rules and procedures on school discipline adopted pursuant
to Sections 35291 and 35291.5.
   (b) It is the intent of the Legislature that schools develop
comprehensive school safety plans using existing resources, including
the materials and services of the School Safety Partnership,
pursuant to Chapter 2.5 (commencing with Section 32260) of Part 19.
It is also the intent of the Legislature that schools use the
handbook developed and distributed by the School/Law Enforcement
Partnership Program entitled "Safe Schools:  A Planning Guide for
Action" in conjunction with developing their plan for school safety.

   (c) Grants to assist schools in implementing their comprehensive
school safety plan shall be made available through the School Safety
Partnership as authorized by Section 32262.
   (d) Each schoolsite council or school safety planning committee in
developing and updating a comprehensive school safety plan shall,
where practical, consult, cooperate, and coordinate with other
schoolsite councils or school safety planning committees.
   (e) The comprehensive school safety plan shall be evaluated and
amended, as needed, by the school safety planning committee no less
than once a year to ensure that the comprehensive school safety plan
is properly implemented.  An updated file of all safety-related plans
and materials shall be readily available for inspection by the
public.
   (f) The comprehensive school safety plan, as written and updated
by the schoolsite council or school safety planning committee, shall
be submitted for approval under subdivision (a) of Section 35294.8.

  SEC. 5.  Section 35294.2 of the Education Code is repealed.
  SEC. 6.  Section 35294.5 of the Education Code is amended to read:

   35294.5.  (a) The governing board of a school district, on behalf
of one or more schools within the district that have developed a
school safety plan, may apply to the Superintendent of Public
Instruction for a grant to implement school safety plans.  The School
Safety Partnership shall award grants for school safety plans that
include, but are not limited to, the following criteria:
   (1) Assessment of the recent incidence of crime committed on the
school campus.
   (2) Identification of appropriate strategies and programs that
will provide or maintain a high level of school safety.
   (3) Development of an action plan, in conjunction with local law
enforcement agencies, for implementing appropriate safety strategies
and programs, and determining the fiscal impact of executing the
strategies and programs.  The action plan shall identify available
resources which will provide for implementation of the plan.
   (b) The Superintendent of Public Instruction shall award grants
pursuant to this section to school districts for the implementation
of individual school safety plans in an amount not to exceed five
thousand dollars ($5,000) for each school.  No grant shall be made
unless the school district makes available, for purposes of
implementing the school safety plans, an amount of funds equal to the
amount of the grant.  Grants should be awarded through a competitive
process, based upon criteria including, but not limited to, the
merit of the proposal and the need for imposing school safety, based
on school crime rates.
   (c) Any school receiving a grant under this section shall submit
to the Superintendent of Public Instruction verified copies of its
schoolsite crime report annually for three consecutive years
following the receipt of the grant to study the impact of the
implementation of the school safety plan on the incidence of crime on
the campus of the school.
  SEC. 7.  Section 35294.6 of the Education Code is amended to read:

   35294.6.  (a) Each school shall adopt its comprehensive school
safety plan by March 1, 2000, and shall review and update its plan by
March 1, every year thereafter.
   (b) Commencing in July 2000, and every July thereafter, each
school shall report on the status of its school safety plan,
including a description of its key elements in the annual school
accountability report card prepared pursuant to Sections 33126 and
35256.
  SEC. 8.  Section 35294.7 of the Education Code is amended to read:

   35294.7.  In the event that the Superintendent of Public
Instruction determines that there has been a willful failure to make
any report required by this article, the Superintendent of Public
Instruction shall do both of the following:
   (a) Notify the school district or the county office of education
in which the willful failure has occurred of the determination.
   (b) Make an assessment of not more than five hundred dollars
($500) against that school district or county office of education.
This may be accomplished by the deduction of the amount of the
assessment from an apportionment made subsequent to the
determination.
  SEC. 9.  Section 35294.8 of the Education Code is amended to read:

   35294.8.  (a) In order to ensure compliance with this article,
each school shall forward its comprehensive school safety plan to the
school district or county office of education for approval.
   (b) Before adopting its comprehensive school safety plan, the
schoolsite council or school safety planning committee shall hold a
public meeting at the schoolsite in order to allow members of the
public the opportunity to express an opinion about the school safety
plan.
   (c) In order to ensure compliance with this article, each school
district or county office of education shall annually notify the
State Department of Education by October 15 of any schools that have
not complied with Section 35294.1.
  SEC. 10.  Section 35294.9 of the Education Code is amended to read:

   35294.9.  Notwithstanding any other provision of law, a school,
other than a school in a small school district, that submits a
comprehensive school safety plan in existence on December 31, 1997,
shall be deemed to have satisfied the requirements of this article as
it exists on and after the effective date of the act that adds this
section if the comprehensive school safety plan meets all of the
requirements of Section 35294.2.
  SEC. 11.  Article 10.4 (commencing with Section 35294.10) is added
to Chapter 2 of Part 21 of the Education Code, to read:

      Article 10.4.  School Safety Violence Protection Act

   35294.10.  (a) It is the intent of the Legislature that all public
schools with grades kindergarten to 7, inclusive, have access to
supplemental resources to establish programs and strategies that
promote school safety and emphasize violence prevention among
children and youth in the public schools.  It is further the intent
of the Legislature to fund and coordinate the programs and activities
carried out pursuant to the Interagency School Safety Demonstration
Act of 1985 (Chapter 2.5 (commencing with Section 32260)), relating
to safe school model programs; Article 10.3 (commencing with Section
35294), relating to the development of school safety plans; and
Article 6 (commencing with Section 32296) of Chapter 2.5, relating to
school community policing, in a cooperative and interactive effort
to promote school safety and violence prevention in the public
schools.
   (b) It is further the intent of the Legislature that the
Superintendent of Public Instruction and the Attorney General shall
utilize available resources to make every effort to coordinate
activities and the distribution of resources to maximize their
effective and efficient use in establishing and maintaining safe
schools.
   35294.11.  (a) The School Safety and Violence Prevention Strategy
Program is hereby established to be administered by the
Superintendent of Public Instruction for the purpose of promoting
school safety and violence prevention programs among children and
youth in the public schools.
   (b) The Superintendent of Public Instruction, in conjunction with
the Attorney General, shall develop standards and guidelines for
evaluating proposals, and shall award grants on a competitive basis,
as authorized by this article, to schools and school districts
serving grades kindergarten to 7, inclusive, that meet the following
conditions:
   (1) The school has developed a school safety plan as required by
Article 10.3 (commencing with Section 35294).
   (2) The school demonstrates its ability to carry out a
collaborative and coordinated approach for implementing a
comprehensive school safety and violence prevention strategy.
   (3) After initial eligibility has been determined, a process of
random selection for grants awarded pursuant to this article shall be
used that ensure that, at a minimum, all of the following criteria
are met:
   (A) Schools are selected from the northern, central, and southern
areas of the state.
   (B) Schools selected represent large, medium, and small sized
numbers in their pupil populations.
   (C) Schools are selected from urban, suburban, and rural areas.
   35294.12.  Schools or school districts that apply for funding
pursuant to this article shall submit an application that includes,
but is not limited to, the following:
   (a) A school safety plan required by Article 10.3 (commencing with
Section 35294).
   (b) A school violence prevention strategy for improving and
marshaling the resources set forth in the school safety plan to
promote school safety and violence prevention programs among children
and youth.
   35294.13.  The Superintendent of Public Instruction shall award
grants under this article for one or more of the following purposes:

   (a) Providing schools with personnel, including, but not limited
to, school counselors, school social workers, school nurses, and
school psychologists, who are specially trained in identifying and
supporting at-risk children and youth where the applicant
demonstrates that appropriate support activities are necessary and
would be desirable in addressing identified problems, issues, and
needs, including, but not limited to, classes pertaining to anger
management and conflict resolution.
   (b) Providing effective and accessible oncampus communication
devices, where the applicant demonstrates that the use of these
devices, beyond everyday, routine matters, is part of the school
safety plan developed pursuant to Article 10.3 (commencing with
Section 35294).
   (c) Establishing an in-service training program for all school
staff, designed to assist school staff in identifying at-risk
children and youth, communicating effectively with those pupils, and
appropriately referring those pupils for counseling.
   (d) Establishing cooperative arrangements with local law
enforcement agencies for appropriate school-community relationships.

   (e) Proposals that allow school districts to respond to existing
or subsequent research that establishes structural changes in the
operation of schools, such as smaller schools or "schools within
schools."
   (f) Any other proposal that the applicant school or school
district designs that demonstrates that the proposal would materially
contribute to meeting the goals and objectives of current law in
providing for safe schools and preventing violence among children and
youth.
   35294.14.  The Superintendent of Public Instruction and the
Attorney General shall cooperatively design an evaluation process for
the programs and activities established pursuant to this article and
shall report to the Legislature by January 1 of each year,
commencing in 2001, any recommendations for modifications to existing
law relative to school safety and violence prevention among children
and youth.
   35294.15.  Unless otherwise required by law, the Superintendent of
Public Instruction shall establish the rules and regulations for the
application process to be utilized by schools and school districts
to obtain funds made available by this or any other provision of law
or by the annual Budget Act to promote school safety and violence
prevention among children and youth.  To perform the duties of this
article or any of the activities in subdivision (a) of Section
35294.10, up to 5 percent of the total funds appropriated for
purposes of this article may be utilized by the Superintendent of
Public Instruction for administrative costs.
  SEC. 12.  Section 1170.17 is added to the Penal Code, to read:
   1170.17.  (a) When a person is prosecuted for a criminal offense
committed while he or she was under the age of 18 years and the
prosecution is lawfully initiated in a court of criminal jurisdiction
without a prior finding that the person is not a fit and proper
subject to be dealt with under the juvenile court law, upon
subsequent conviction for any criminal offense, the person shall be
subject to the same sentence as an adult convicted of the identical
offense, in accordance with the provisions set forth in subdivision
(a) of Section 1170.19, except under the circumstances described in
subdivision (b) or (c).
   (b) Where the conviction is for the type of offense which, in
combination with the person's age at the time the offense was
committed, makes the person eligible for transfer to a court of
criminal jurisdiction, pursuant to a rebuttable presumption that the
person is not a fit and proper subject to be dealt with under the
juvenile court law, and the prosecution for the offense could not
lawfully be initiated in a court of criminal jurisdiction, then
either of the following shall apply:
   (1) The person shall be subject to the same sentence as an adult
convicted of the identical offense in accordance with the provisions
set forth in subdivision (a) of Section 1170.19, unless the person
prevails upon a motion brought pursuant to paragraph (2).
   (2) Upon a motion brought by the person, the court shall order the
probation department to prepare a written social study and
recommendation concerning the person's fitness to be dealt with under
the juvenile court law and the court shall either conduct a fitness
hearing or suspend proceedings and remand the matter to the juvenile
court to prepare a social study and make a determination of fitness.
The person shall receive a disposition under the juvenile court law
only if the person demonstrates, by a preponderance of the evidence,
that he or she is a fit and proper subject to be dealt with under the
juvenile court law, based upon each of the following five criteria:

   (A) The degree of criminal sophistication exhibited by the person.

   (B) Whether the person can be rehabilitated prior to the
expiration of the juvenile court's jurisdiction.
   (C) The person's previous delinquent history.
   (D) Success of previous attempts by the juvenile court to
rehabilitate the person.
   (E) The circumstances and gravity of the offense for which the
person has been convicted.
   If the court conducting the fitness hearing finds that the person
is not a fit and proper subject for juvenile court jurisdiction, then
the person shall be sentenced by the court where he or she was
convicted, in accordance with the provisions of paragraph (1).  If
the court conducting the hearing on fitness finds that the person is
a fit and proper subject for juvenile court jurisdiction, then the
person shall be subject to a disposition in accordance with the
provisions of subdivision (b) of Section 1170.19.
   (c) Where the conviction is for the type of offense which, in
combination with the person's age at the time the offense was
committed, makes the person eligible for transfer to a court of
criminal jurisdiction, pursuant to a rebuttable presumption that the
person is a fit and proper subject to be dealt with under the
juvenile court law, then the person shall be sentenced as follows:
   (1) The person shall be subject to a disposition under the
juvenile court law, in accordance with the provisions of subdivision
(b) of Section 1170.19, unless the district attorney prevails upon a
motion, as described in paragraph (2).
   (2) Upon a motion brought by the district attorney, the court
shall order the probation department to prepare a written social
study and recommendation concerning whether the person is a fit and
proper subject to be dealt with under the juvenile court law.  The
court shall either conduct a fitness hearing or suspend proceedings
and remand the matter to the juvenile court for a determination of
fitness.  The person shall be subject to a juvenile disposition under
the juvenile court law unless the district attorney demonstrates, by
a preponderance of the evidence, that the person is a fit and proper
subject to be dealt with under the juvenile court law, based upon
the five criteria set forth in paragraph (2) of subdivision (b).  If
the person is found to be not a fit and proper subject to be dealt
with under the juvenile court law, then the person shall be sentenced
in the court where he or she was convicted, in accordance with the
provisions set forth in subdivision (a) of Section 1170.19.  If the
person is found to be a fit and proper subject to be dealt with under
the juvenile court law, the person shall be subject to a
disposition, in accordance with the provisions of subdivision (b) of
Section 1170.19.
   (d) Where the conviction is for the type of offense which, in
combination with the person's age, does not make the person eligible
for transfer to a court of criminal jurisdiction, the person shall be
subject to a disposition in accordance with the provisions of
subdivision (b) of Section 1170.19.
  SEC. 12.1.  Section 1170.19 is added to the Penal Code, to read:
   1170.19.  (a) Notwithstanding any other provision of law, the
following shall apply to a person sentenced pursuant to Section
1170.17.
   (1) The person may be committed to the Youth Authority only to the
extent the person meets the eligibility criteria set forth in
Section 1732.6 of the Welfare and Institutions Code.
   (2) The person shall not be housed in any facility under the
jurisdiction of the Department of Corrections, if the person is under
the age of 16 years.
   (3) The person shall have his or her criminal court records
accorded the same degree of public access as the records pertaining
to the conviction of an adult for the identical offense.
   (4) Subject to the knowing and intelligent consent of both the
prosecution and the person being sentenced pursuant to this section,
the court may order a juvenile disposition under the juvenile court
law, in lieu of a sentence under this code, upon a finding that such
an order would serve the best interests of justice, protection of the
community, and the person being sentenced.  Prior to ordering a
juvenile disposition, the court shall cause to be received into
evidence a social study by the probation officer, prepared pursuant
to Section 706 of the Welfare and Institutions Code, and shall state
that the social study made by the probation officer has been read and
considered by the court.
   (b) Notwithstanding any other provision of law, the following
shall apply to a person who is eligible to receive a juvenile
disposition pursuant to Section 1170.17.
   (1) The person shall be entitled a hearing on the proper
disposition of the case, conducted in accordance with the provisions
of Section 706 of the Welfare and Institutions Code.  The court in
which the conviction occurred shall order the probation department to
prepare a written social study and recommendation concerning the
proper disposition of the case, prior to conducting the hearing or
remand the matter to the juvenile court for purposes of preparing the
social study, conducting the disposition hearing pursuant to Section
706 of the Welfare and Institutions Code, and making a disposition
order under the juvenile court law.
   (2) The person shall have his or her conviction deemed to be a
finding of delinquency wardship under Section 602 of the Welfare and
Institutions Code.
                        (3) The person shall have his or her criminal
court records accorded the same degree of confidentiality as if the
matter had been initially prosecuted as a delinquency petition in the
juvenile court.
   (4) Subject to the knowing and intelligent consent of both the
prosecution and the person being sentenced pursuant to this section,
the court may impose an adult sentence under this code, in lieu of
ordering a juvenile disposition under the juvenile court law, upon a
finding that such an order would serve the best interests of justice,
protection of the community, and the person being sentenced.  Prior
to ordering an adult sentence, the court shall cause to be received
into evidence a social study by the probation officer, prepared
pursuant to Section 706 of the Welfare and Institutions Code, and
shall state that the social study prepared by the probation officer
has been read and considered by the court.
  SEC. 12.2.  Section 602 of the Welfare and Institutions Code is
amended to read:
   602.  (a) Except as provided in subdivision (b), any person who is
under the age of 18 years when he or she violates any law of this
state or of the United States or any ordinance of any city or county
of this state defining crime other than an ordinance establishing a
curfew based solely on age, is within the jurisdiction of the
juvenile court, which may adjudge the person to be a ward of the
court.
   (b) Subject to the provisions of this section, any person 16 years
of age or older, who is alleged and proven to have been declared a
ward of the court pursuant to this section on one or more prior
occasions for the commission of one or more felonies, committed after
he or she had attained the age of 14 years, shall be prosecuted in a
court of criminal jurisdiction if he or she is alleged to have
committed any of the following criminal offenses:
   (1) Murder in the first degree, as described in Sections 187 and
189 of the Penal Code, if the prosecutor alleges that the minor
personally killed the victim.
   (2) Attempted, willful, deliberate, and premeditated murder, if
the prosecutor alleges that the minor personally attempted to kill
the victim.
   (3) The following sex offenses, if the prosecutor alleges that the
minor personally committed any of these offenses and that one of the
circumstances enumerated in subdivision (d) or (e) of Section 667.61
of the Penal Code exists:
   (A) Rape, as described in paragraph (2) of subdivision (a) of
Section 261 of the Penal Code.
   (B) Spousal rape, as described in paragraph (1) of subdivision (a)
of Section 262 of the Penal Code.
   (C) Forcible sex offenses in concert with another, as described in
Section 264.1 of the Penal Code.
   (D) Forcible lewd and lascivious acts on a child under the age of
14 years, as described in subdivision (b) of Section 288 of the Penal
Code.
   (E) Forcible penetration by foreign object, as described in
subdivision (a) of Section 289 of the Penal Code.
   (F) Sodomy or oral copulation in violation of Section 286 or 288a
of the Penal Code, by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another person.

   (4) Aggravated forms of kidnapping, for which the penalty is life
in prison, and in which the perpetrator personally and intentionally
exposed the victim to a substantial likelihood of death or great
bodily injury.
   (5) Any felony enumerated in subdivision (a) of Section 12022.53
of the Penal Code, in which the minor personally uses and discharges
a firearm, within the meaning of either subdivision (c) or (d) of
Section 12022.53 of the Penal Code.
   (c) Any minor directly charged under subdivision (b) shall have
the right to a preliminary hearing to determine if there is probable
cause to hold him or her to answer.  If the magistrate holds the
defendant minor to answer for a crime set forth in subdivision (b),
the prosecution may file an information charging one or more of these
enumerated crimes and any other properly joined crimes or
enhancements.  The case shall proceed in criminal court unless the
defendant minor prevails in a motion to dismiss pursuant to Section
995 of the Penal Code, including pursuant to any appeal or writ
arising from the motion to dismiss.
   (d) Notwithstanding any other provision of law, no person under
the age of 16 years shall be housed in any facility under the
jurisdiction of the Department of Corrections.
  SEC. 13.  Section 602.5 is added to the Welfare and Institutions
Code, to read:
   602.5.  (a) Notwithstanding any other law and pursuant to the
provisions of this section, the juvenile court shall commit any minor
adjudicated to be a ward of the court for the personal use of a
firearm in the commission of a violent felony, as defined in
subdivision (c) of Section 667.5 of the Penal Code, to placement in a
juvenile hall, ranch, camp, or with the Youth Authority.
   (b) A court may impose a treatment-based alternative placement
order on any minor subject to this section if the court finds the
minor has a mental disorder requiring intensive treatment.  Any
alternative placement order under this subdivision shall be made on
the record, in writing, and in accordance with Article 3 (commencing
with Section 6550) of Chapter 2 of Part 2 of Division 6.
  SEC. 14.  Section 606 of the Welfare and Institutions Code is
amended to read:
   606.  When a petition has been filed in a juvenile court, the
minor who is the subject of the petition shall not thereafter be
subject to criminal prosecution based on the facts giving rise to the
petition unless the juvenile court finds that the minor is not a fit
and proper subject to be dealt with under this chapter and orders
that criminal proceedings be resumed or instituted against him, or
the petition is transferred to a court of criminal jurisdiction
pursuant to subdivision (b) of Section 707.01.
  SEC. 15.  Section 625.3 of the Welfare and Institutions Code is
amended to read:
   625.3.  Notwithstanding Section 625, a minor who is 14 years of
age or older and who is taken into custody by a peace officer for the
personal use or possession of a firearm during the commission or
attempted commission of a felony shall not be released until that
minor is brought before a judicial officer.  At the time the minor is
brought before a judicial officer, the judicial officer shall assess
the minor's mental health status, and shall order the minor to
continue to be detained and a mental health evaluation conducted in
accordance with Article 3 (commencing with Section 6550) of Chapter 2
of Part 2 of Division 6, if the judicial officer concludes that the
minor poses a danger to the safety of himself or herself, or to the
public.  Any firearm found on the person of a minor subject to this
section shall be confiscated.
  SEC. 16.  Section 628.1 of the Welfare and Institutions Code is
amended to read:
   628.1.  If the minor meets one or more of the criteria for
detention under Section 628, but the probation officer believes that
24-hour secure detention is not necessary in order to protect the
minor or the person or property of another, or to ensure that the
minor does not flee the jurisdiction of the court, the probation
officer shall proceed according to this section.
   Unless one of the conditions described in paragraph (1), (2), or
(3) of subdivision (a) of Section 628 exists, the probation officer
shall release such minor to his or her parent, guardian, or
responsible relative on home supervision.  As a condition for such
release, the probation officer shall require the minor to sign a
written promise that he or she understands and will observe the
specific conditions of home supervision release.  As an additional
condition for release, the probation officer also shall require the
minor's parent, guardian, or responsible relative to sign a written
promise, translated into a language the parent understands, if
necessary, that he or she understands the specific conditions of home
supervision release.  These conditions may include curfew and school
attendance requirements related to the protection of the minor or
the person or property of another, or to the minor's appearances at
court hearings.  A minor who violates a specific condition of home
supervision release which he or she has promised in writing to obey
may be taken into custody and placed in secure detention, subject to
court review at a detention hearing.
   A minor on home supervision shall be entitled to the same legal
protections as a minor in secure detention, including a detention
hearing.
  SEC. 17.  Section 629 of the Welfare and Institutions Code is
amended to read:
   629.  As a condition for the release of a minor pursuant to
Section 628.1 and subject to Sections 631 and 632, the probation
officer shall require the minor to sign, and may also require his or
her parent, guardian, or relative to sign, a written promise to
appear before the probation officer at the juvenile hall or other
suitable place designated by the probation officer at a specified
time.
  SEC. 17.5.  Section 656.2 of the Welfare and Institutions Code is
amended to read:
   656.2.  (a) Notwithstanding any other provision of law, a victim
shall have the right to present a victim impact statement in all
juvenile court hearings concerning petitions filed pursuant to
Section 602 alleging the commission of any criminal offense.  In any
case in which a minor is alleged to have committed a criminal
offense, the probation officer shall inform the victim of the rights
of victims to submit a victim impact statement.  If the victim
exercises the right to submit a victim impact statement to the
probation officer, the probation officer shall include the statement
in his or her social study submitted to the court pursuant to Section
706 and, if applicable, in his or her report submitted to the court
pursuant to Section 707.  The probation officer also shall advise
those persons as to the time and place of the disposition hearing to
be conducted pursuant to Sections 702 and 706; any fitness hearing to
be conducted pursuant to Section 707, and any other judicial
proceeding concerning the case.
   The probation officer shall also provide the victim with
information concerning the victim's right to an action for civil
damages against the minor and his or her parents and the victim's
opportunity to be compensated from the restitution fund.  The
information shall be in the form of written material prepared by the
Judicial Council and shall be provided to each victim for whom the
probation officer has a current mailing address.
   (b) Notwithstanding any other provision of law, the persons from
whom the probation officer is required to solicit a statement
pursuant to subdivision (a) shall have the right to attend the
disposition hearing conducted pursuant to Section 702 and to express
their views concerning the offense and disposition of the case
pursuant to Section 706, to attend any fitness hearing conducted
pursuant to Section 707, and to be present during juvenile
proceedings as provided in Section 676.5.
   (c) Notwithstanding any other provision of law, in any case in
which a minor is alleged to have committed an act subject to a
fitness hearing under Section 707, the victim shall have the right to
be informed of all court dates and continuances pertaining to the
case, and shall further have the right to obtain copies of the
charging petition, the minutes of the proceedings, and orders of
adjudications and disposition of the court that are contained in the
court file.  The arresting agency shall notify the victim in a timely
manner of the address and telephone number of the juvenile branch of
the district attorney's office that will be responsible for the case
and for informing the victim of the victim's right to attend
hearings and obtain documents as provided in this section.  The
district attorney shall, upon request, inform the victim of the date
of the fitness hearing, the date of the disposition hearing, and the
dates for any continuances of those hearings, and shall inform the
court if the victim seeks to exercise his or her right to obtain
copies of the documents described in this subdivision.
   Where the proceeding against the minor is based on a felony that
is not listed in Section 676, a victim who obtains information about
the minor under this subdivision shall not disclose or disseminate
this information beyond his or her immediate family or support
persons authorized by Section 676, unless authorized to do so by a
judge of the juvenile court, and the judge may suspend or terminate
the right of the victim to access to information under this
subdivision if the information is improperly disclosed or
disseminated by the victim or any members of his or her immediate
family.  The intentional dissemination of documents in violation of
this subdivision is a misdemeanor and shall be punished by a fine of
not more than five hundred dollars ($500).  Documents released by the
court to a victim pursuant to this section shall be stamped as
confidential and with a statement that the unlawful dissemination of
the documents is a misdemeanor punishable by a fine of not more than
five hundred dollars ($500).
   (d) Upon application of the district attorney for good cause and a
showing of potential danger to the public, the court may redact any
information contained in any documents released by the court to a
victim pursuant to this section.
   (e) For purposes of this section, "victim" means the victim, the
parent or guardian of the victim if the victim is a minor, or, if the
victim has died, the victim's next of kin.
  SEC. 18.  Section 676 of the Welfare and Institutions Code is
amended to read:
   676.  (a) Except as provided in this section, juvenile hearings
concerning petitions filed pursuant to Section 602 alleging that a
minor has violated one or more of the following offenses shall be
open to the public to the same extent, and on the same basis, as
trials in a court of criminal jurisdiction:
   (1) Murder.
   (2) Arson of an inhabited building.
   (3) Robbery while armed with a dangerous or deadly weapon.
   (4) Rape with force or violence or threat of great bodily harm.
   (5) Sodomy by force, violence, duress, menace, or threat of great
bodily harm.
   (6) Oral copulation by force, violence, duress, menace, or threat
of great bodily harm.
   (7) Any offense specified in subdivision (a) of Section 289 of the
Penal Code.
   (8) Kidnapping for ransom.
   (9) Kidnapping in violation of subdivision (b) of Section 209 of
the Penal Code.
   (10) Kidnapping with bodily harm.
   (11) Assault with intent to murder or attempted murder.
   (12) Assault with a firearm or destructive device.
   (13) Assault by any means of force likely to produce great bodily
injury.
   (14) Discharge of a firearm into an inhabited or occupied
building.
   (15) Any offense described in Section 1203.09 of the Penal Code.
   (16) Any offense described in Section 12022.5 or 12022.53 of the
Penal Code.
   (17) Any felony offense in which a minor personally used a weapon
listed in subdivision (a) of Section 12020 of the Penal Code.
   (18) Burglary of an inhabited dwelling house or trailer coach, as
defined in Section 635 of the Vehicle Code, or the inhabited portion
of any other building, if the minor previously has been adjudged a
ward of the court by reason of the commission of any offense listed
in this section, including an offense listed in this paragraph.
   (19) Any felony offense described in Section 136.1 or 137 of the
Penal Code.
   (20) Any offense as specified in Sections 11351, 11351.5, 11352,
11378, 11378.5, 11379, and 11379.5 of the Health and Safety Code.
   (21) Criminal street gang activity which constitutes a felony
pursuant to Section 186.22 of the Penal Code.
   (22) Manslaughter as specified in Section 192 of the Penal Code.
   (23) Driveby shooting or discharge of a weapon from or at a motor
vehicle as specified in Sections 246, 247, and 12034 of the Penal
Code.
   (24) Any crime committed with an assault weapon, as defined in
Section 12276 of the Penal Code, including possession of an assault
weapon as specified in subdivision (b) of Section 12280 of the Penal
Code.
   (25) Carjacking, while armed with a dangerous or deadly weapon.
   (26) Kidnapping, in violation of Section 209.5 of the Penal Code.

   (27) Torture, as described in Sections 206 and 206.1 of the Penal
Code.
   (28) Aggravated mayhem, in violation of Section 205 of the Penal
Code.
   (b) Where the petition filed alleges that the minor is a person
described in Section 602 by reason of the commission of rape with
force or violence or great bodily harm; sodomy by force, violence,
duress, menace, or threat of great bodily harm; oral copulation by
force, violence, duress, menace, or threat of great bodily harm; or
any offense specified in Section 289 of the Penal Code, members of
the public shall not be admitted to the hearing in either of the
following instances:
   (1) Upon a motion for a closed hearing by the district attorney,
who shall make the motion if so requested by the victim.
   (2) During the victim's testimony, if, at the time of the offense
the victim was under 16 years of age.
   (c) Notwithstanding any other provision of law, up to two family
members or support persons of a prosecuting witness' choosing may
attend juvenile proceedings, as authorized by Section 868.5 of the
Penal Code.
   (d) A judge or referee may admit to juvenile proceedings those
persons he or she deems to have a direct and legitimate interest in
the particular case or work of the court.
   (e) The name of a minor found to have committed one of the
offenses listed in subdivision (a) shall not be confidential, unless
the court, for good cause, so orders.  The court shall make a written
finding, on the record, explaining why good cause exists to make the
name of the minor confidential.
   (f) Notwithstanding Sections 827 and 828 and subject to
subdivisions (g) and (h), when a petition is sustained for any
offense listed in subdivision (a), the charging petition, the minutes
of the proceeding, and the orders of adjudication and disposition of
the court that are contained in the court file shall be available
for public inspection.  Nothing in this subdivision shall be
construed to authorize public access to any other documents in the
court file.
   (g) The probation officer or any party may petition the juvenile
court to prohibit disclosure to the public of any file or record.
The juvenile court shall prohibit the disclosure if it appears that
the harm to the minor, victims, witnesses, or public from the public
disclosure outweighs the benefit of public knowledge.  The court
shall make a written finding, on the record, explaining the basis of
the court's decision to prohibit disclosure.
   (h) Nothing in this section shall be applied to limit the
disclosure of information as otherwise provided for by law.
   (i) Unless requested by the minor against whom a petition has been
filed pursuant to Section 601 or 602 and by any parent or guardian
present, the public shall not be admitted to a juvenile court hearing
except as provided by this section.
   (j) The court shall post daily public notices of juvenile
proceedings open to the public.
  SEC. 19.  Section 676.5 of the Welfare and Institutions Code is
amended to read:
   676.5.  The right of victims of juvenile offenses to be present
during juvenile proceedings, as specified in subdivision (a), shall
be secured as follows:
   (a) Notwithstanding any other law, and except as provided in
subdivision (d), a victim and up to two support persons of the victim'
s choosing shall be entitled to be admitted, on the same basis as he
or she may be admitted to trials in a court of criminal jurisdiction,
to juvenile court hearings concerning petitions filed pursuant to
Section 602 alleging the commission of any criminal offense, and
shall be so notified by the probation officer in person or by
registered mail, return receipt requested, together with a notice
explaining all other rights and services available to the victim with
respect to the case.
   (b) A victim or his or her support person may be excluded from a
juvenile court hearing described in subdivision (a) only if each of
the following criteria are met:
   (1) Any movant, including the minor defendant, who seeks to
exclude the victim or his or her support person from a hearing
demonstrates that there is a substantial probability that overriding
interests will be prejudiced by the presence of the victim or his or
her support person.
   (2) The court considers reasonable alternatives to exclusion of
the victim or his or her support person from the hearing.
   (3) The exclusion of the victim or his or her support person from
a hearing, or any limitation on his or her presence at a hearing, is
narrowly tailored to serve the overriding interests identified by the
movant.
   (4) Following a hearing at which any person who is to be excluded
from a juvenile court hearing is afforded an opportunity to be heard,
the court makes specific factual findings that support the exclusion
of the victim or his or her support person from, or any limitation
on his or her presence at, the juvenile court hearing.
   (c) As used in this section, "victim" means (1) the alleged victim
of the offense and one person of his or her choosing or however many
more the court may allow under the particular circumstances
surrounding the proceeding, (2) in the event that the victim is
unable to attend the proceeding, two persons designated by the victim
or however many more the court may allow under the particular
circumstances surrounding the proceeding, or (3) if the victim is no
longer living, two members of the victim's immediate family or
however many more the court may allow under the particular
circumstances surrounding the proceeding.
   (d) Nothing in this section shall prevent a court from excluding a
victim or his or her support person from a hearing, pursuant to
Section 777 of the Evidence Code, when the victim is subpoenaed as a
witness.  An order of exclusion shall be consistent with the
objectives of paragraphs (1) to (4), inclusive, of subdivision (b) to
allow the victim to be present, whenever possible, at all hearings.

  SEC. 20.  Section 725.1 is added to the Welfare and Institutions
Code, to read:
   725.1.  The juvenile court shall report to the Department of
Justice the complete criminal history of any minor found to be a
person adjudged to be a ward of the court under Section 602 because
of the commission of any felony offense set forth in Section 667.5 or
1192.7 of the Penal Code.  The Department of Justice shall retain
this information and make it available in the same manner as
information gathered pursuant to Chapter 2 (commencing with Section
13100) of Title 3 of Part 4 of the Penal Code.
  SEC. 21.  Section 730.7 is added to the Welfare and Institutions
Code, to read:
   730.7.  (a) Except as provided in subdivision (b), the court shall
require any minor who is ordered to pay restitution pursuant to
Section 730.6, or to perform community service, to report to the
court on his or her compliance with the court's restitution order or
order for community service, or both, no less than annually until the
order is fulfilled.
   (b) For any minor committed to the Department of the Youth
Authority, the department shall monitor the compliance with any order
of the court that requires the minor to pay restitution.  Upon the
minor's discharge from the Department of the Youth Authority, the
department shall notify the court regarding the minor's compliance
with an order to pay restitution.
  SEC. 22.  Section 827 of the Welfare and Institutions Code is
amended to read:
   827.  (a) (1) Except as provided in Section 828, a petition filed
in any juvenile court proceeding, reports of the probation officer,
and all other documents filed in that case or made available to the
probation officer in making his or her report, or to the judge,
referee, or other hearing officer, and thereafter retained by the
probation officer, judge, referee, or other hearing officer, may be
inspected only by the following:
   (A) Court personnel.
   (B) The district attorney, a city attorney, or city prosecutor
authorized to prosecute criminal or juvenile cases under state law.
   (C) The minor who is the subject of the proceeding.
   (D) His or her parents or guardian.
   (E) The attorneys for the parties, and judges, referees, other
hearing officers, probation officers and law enforcement officers who
are actively participating in criminal or juvenile proceedings
involving the minor.
   (F) The superintendent or designee of the school district where
the minor is enrolled or attending school.
   (G) Members of the child protective agencies as defined in Section
11165.9 of the Penal Code.
   (H) The State Department of Social Services to carry out its
duties pursuant to Division 9 (commencing with Section 10000), and
Part 5 (commencing with Section 7900) of Division 12 of the Family
Code to oversee and monitor county child welfare agencies, children
in foster care or receiving foster care assistance, and out-of-state
placements.
   (I) To authorized legal staff or special investigators who are
peace officers who are employed by, or who are authorized
representatives of, the State Department of Social Services, as
necessary to the performance of their duties to inspect, license, and
investigate community care facilities, and to ensure that the
standards of care and services provided in those facilities are
adequate and appropriate and to ascertain compliance with the rules
and regulations to which the facilities are subject.  The
confidential information shall remain confidential except for
purposes of inspection, licensing, or investigation pursuant to
Chapter 3 (commencing with Section 1500) and Chapter 3.4 (commencing
with Section 1596.70) of Division 2 of the Health and Safety Code, or
a criminal, civil, or administrative proceeding in relation thereto.
  The confidential information may be used by the State Department of
Social Services in a criminal, civil, or administrative proceeding.
The confidential information shall be available only to the judge or
hearing officer and to the parties to the case.  Names that are
confidential shall be listed in attachments separate to the general
pleadings.  The confidential information shall be sealed after the
conclusion of the criminal, civil, or administrative hearings, and
shall not subsequently be released except in accordance with this
subdivision.  If the confidential information does not result in a
criminal, civil, or
administrative proceeding, it shall be sealed after the State
Department of Social Services decides that no further action will be
taken in the matter of suspected licensing violations.  Except as
otherwise provided in this subdivision, confidential information in
the possession of the State Department of Social Services shall not
contain the name of the minor.
   (J) Members of children's multidisciplinary teams, persons or
agencies providing treatment or supervision of the minor.
   (K) Any other person who may be designated by court order of the
judge of the juvenile court upon filing a petition.
   (2) Any records or reports relating to a matter within the
jurisdiction of the juvenile court prepared by or released by the
court, a probation department, or the county department of social
services, any portion of those records or reports, and information
relating to the contents of those records or reports, shall not be
disseminated by the receiving agencies to any persons or agencies,
other than those persons or agencies authorized to receive documents
pursuant to this section.  Further, any of those records or reports,
any portion of those records or reports, and information relating to
the contents of those records or reports, shall not be made
attachments to any other documents without the prior approval of the
presiding judge of the juvenile court, unless they are used in
connection with and in the course of a criminal investigation or a
proceeding brought to declare a person a dependent child or ward of
the juvenile court.
   (b) (1) While the Legislature reaffirms its belief that juvenile
court records, in general, should be confidential, it is the intent
of the Legislature in enacting this subdivision to provide for a
limited exception to juvenile court record confidentiality to promote
more effective communication among juvenile courts, law enforcement
agencies, and schools to ensure the rehabilitation of juvenile
criminal offenders as well as to lessen the potential for drug use,
violence, and other forms of delinquency.
   (2) Notwithstanding subdivision (a), written notice that a minor
enrolled in a public school, kindergarten to grade 12, inclusive, has
been found by a court of competent jurisdiction to have committed
any felony or any misdemeanor involving curfew, gambling, alcohol,
drugs, tobacco products, carrying of weapons, a sex offense listed in
Section 290 of the Penal Code, assault or battery, larceny,
vandalism, or graffiti shall be provided by the court, within seven
days, to the superintendent of the school district of attendance.
Written notice shall include only the offense found to have been
committed by the minor and the disposition of the minor's case.  This
notice shall be expeditiously transmitted by the district
superintendent to the principal at the school of attendance.  The
principal shall expeditiously disseminate the information to those
counselors directly supervising or reporting on the behavior or
progress of the minor.  In addition, the principal shall disseminate
the information to any teacher or administrator directly supervising
or reporting on the behavior or progress of the minor whom the
principal believes needs the information to work with the pupil in an
appropriate fashion, to avoid being needlessly vulnerable or to
protect other persons from needless vulnerability.
   Any information received by a teacher, counselor, or administrator
under this subdivision shall be received in confidence for the
limited purpose of rehabilitating the minor and protecting students
and staff, and shall not be further disseminated by the teacher,
counselor, or administrator, except insofar as communication with the
juvenile, his or her parents or guardians, law enforcement
personnel, and the juvenile's probation officer is necessary to
effectuate the juvenile's rehabilitation or to protect students and
staff.
   An intentional violation of the confidentiality provisions of this
paragraph is a misdemeanor punishable by a fine not to exceed five
hundred dollars ($500).
   (3) If a minor is removed from public school as a result of the
court's finding described in subdivision (b), the superintendent
shall maintain the information in a confidential file and shall defer
transmittal of the information received from the court until the
minor is returned to public school.  If the minor is returned to a
school district other than the one from which the minor came, the
parole or probation officer having jurisdiction over the minor shall
so notify the superintendent of the last district of attendance, who
shall transmit the notice received from the court to the
superintendent of the new district of attendance.
   (c) Each probation report filed with the court concerning a minor
whose record is subject to dissemination pursuant to subdivision (b)
shall include on the face sheet the school at which the minor is
currently enrolled.  The county superintendent shall provide the
court with a listing of all of the schools within each school
district, within the county, along with the name and mailing address
of each district superintendent.
   (d) Each notice sent by the court pursuant to subdivision (b)
shall be stamped with the instruction:  "Unlawful Dissemination Of
This Information Is A Misdemeanor."  Any information received from
the court shall be kept in a separate confidential file at the school
of attendance and shall be transferred to the minor's subsequent
schools of attendance and maintained until the minor graduates from
high school, is released from juvenile court jurisdiction, or reaches
the age of 18, whichever occurs first.  After that time the
confidential record shall be destroyed.  At any time after the date
by which a record required to be destroyed by this section should
have been destroyed, the minor or his or her parent or guardian shall
have the right to make a written request to the principal of the
school that the minor's school records be reviewed to ensure that the
record has been destroyed.  Upon completion of any requested review
and no later than 30 days after the request for the review was
received, the principal or his or her designee shall respond in
writing to the written request and either shall confirm that the
record has been destroyed or, if the record has not been destroyed,
shall explain why destruction has not yet occurred.
   Except as provided in paragraph (2) of subdivision (b), no
liability shall attach to any person who transmits or fails to
transmit any notice or information required under subdivision (b).
  SEC. 22.1.  Section 827 of the Welfare and Institutions Code is
amended to read:
   827.  (a) (1) Except as provided in Section 828, a case file may
be inspected only by the following:
   (A) Court personnel.
   (B) The district attorney, a city attorney, or city prosecutor
authorized to prosecute criminal or juvenile cases under state law.
   (C) The minor who is the subject of the proceeding.
   (D) His or her parents or guardian.
   (E) The attorneys for the parties, and judges, referees, other
hearing officers, probation officers and law enforcement officers who
are actively participating in criminal or juvenile proceedings
involving the minor.
   (F) The superintendent or designee of the school district where
the minor is enrolled or attending school.
   (G) Members of the child protective agencies as defined in Section
11165.9 of the Penal Code.
   (H) The State Department of Social Services to carry out its
duties pursuant to Division 9 (commencing with Section 10000), and
Part 5 (commencing with Section 7900) of Division 12 of the Family
Code to oversee and monitor county child welfare agencies, children
in foster care or receiving foster care assistance, and out-of-state
placements.
   (I) To authorized legal staff or special investigators who are
peace officers who are employed by, or who are authorized
representatives of, the State Department of Social Services, as
necessary to the performance of their duties to inspect, license, and
investigate community care facilities, and to ensure that the
standards of care and services provided in those facilities are
adequate and appropriate and to ascertain compliance with the rules
and regulations to which the facilities are subject.  The
confidential information shall remain confidential except for
purposes of inspection, licensing, or investigation pursuant to
Chapter 3 (commencing with Section 1500) and Chapter 3.4 (commencing
with Section 1596.70) of Division 2 of the Health and Safety Code, or
a criminal, civil, or administrative proceeding in relation thereto.
  The confidential information may be used by the State Department of
Social Services in a criminal, civil, or administrative proceeding.
The confidential information shall be available only to the judge or
hearing officer and to the parties to the case.  Names that are
confidential shall be listed in attachments separate to the general
pleadings.  The confidential information shall be sealed after the
conclusion of the criminal, civil, or administrative hearings, and
shall not subsequently be released except in accordance with this
subdivision.  If the confidential information does not result in a
criminal, civil, or administrative proceeding, it shall be sealed
after the State Department of Social Services decides that no further
action will be taken in the matter of suspected licensing
violations.  Except as otherwise provided in this subdivision,
confidential information in the possession of the State Department of
Social Services shall not contain the name of the minor.
   (J) Members of children's multidisciplinary teams, persons or
agencies providing treatment or supervision of the minor.
   (K) Any other person who may be designated by court order of the
judge of the juvenile court upon filing a petition.
   (2) Notwithstanding any other law and subject to subparagraph (A)
of paragraph (3), juvenile case files, except those relating to
matters within the jurisdiction of the court pursuant to Section 601
or 602, which pertain to a deceased child who was within the
jurisdiction of the juvenile court pursuant to Section 300, shall be
released to the public pursuant to an order by the juvenile court
after a petition has been filed and interested parties have been
afforded an opportunity to file an objection.  Any information
relating to another child or which could identify another child,
except for information about the deceased, shall be redacted from the
juvenile case file prior to release, unless a specific order is made
by the juvenile court to the contrary.  Except as provided in this
paragraph, the presiding judge of the juvenile court may issue an
order prohibiting or limiting access to the juvenile case file, or
any portion thereof, of a deceased child only upon a showing that
release of the juvenile case file or any portion thereof is
detrimental to the safety, protection, or physical, or emotional
well-being of another child who is directly or indirectly connected
to the juvenile case that is the subject of the petition.
   (3) Access to juvenile case files pertaining to matters within the
jurisdiction of the juvenile court pursuant to Section 300 shall be
limited as follows:
   (A) If a juvenile case file, or any portion thereof, is privileged
or confidential pursuant to any other state law or federal law or
regulation, the requirements of that state law or federal law or
regulation prohibiting or limiting release of the juvenile case file
or any portions thereof shall prevail.  Unless a person is listed in
subparagraphs (A) to (J), inclusive, of paragraph (1) and is entitled
to access under the other state law or federal law or regulation
without a court order, all those seeking access, pursuant to other
authorization, to portions of, or information relating to the
contents of, juvenile case files protected under another state law or
federal law or regulation, shall petition the juvenile court.  The
juvenile court may only release the portion of, or information
relating to the contents of, juvenile case files protected by another
state law or federal law or regulation if disclosure is not
detrimental to the safety, protection, or physical or emotional
well-being of a child who is directly or indirectly connected to the
juvenile case that is the subject of the petition.  This paragraph
shall not be construed to limit the ability of the juvenile court to
carry out its duties in conducting juvenile court proceedings.
   (B) Prior to the release of the juvenile case file or any portion
thereof, the court shall afford due process, including a notice of
and an opportunity to file an objection to the release of the record
or report to all interested parties.
   (4) A juvenile case file, any portion thereof, and information
relating to the content of the juvenile case file, shall not be
disseminated by the receiving agencies to any persons or agencies,
other than those persons or agencies authorized to receive documents
pursuant to this section.  Further, a juvenile case file, any portion
thereof, and information relating to the content of the juvenile
case file, shall not be made as an attachment to any other documents
without the prior approval of the presiding judge of the juvenile
court, unless it is used in connection with and in the course of a
criminal investigation or a proceeding brought to declare a person a
dependent child or ward of the juvenile court.
   (b) (1) While the Legislature reaffirms its belief that juvenile
court records, in general, should be confidential, it is the intent
of the Legislature in enacting this subdivision to provide for a
limited exception to juvenile court record confidentiality to promote
more effective communication among juvenile courts, law enforcement
agencies, and schools to ensure the rehabilitation of juvenile
criminal offenders as well as to lessen the potential for drug use,
violence, and other forms of delinquency.
   (2) Notwithstanding subdivision (a), written notice that a minor
enrolled in a public school, kindergarten to grade 12, inclusive, has
been found by a court of competent jurisdiction to have committed
any felony or any misdemeanor involving curfew, gambling, alcohol,
drugs, tobacco products, carrying of weapons, a sex offense listed in
Section 290 of the Penal Code, assault or battery, larceny,
vandalism, or graffiti shall be provided by the court, within seven
days, to the superintendent of the school district of attendance.
Written notice shall include only the offense found to have been
committed by the minor and the disposition of the minor's case.  This
notice shall be expeditiously transmitted by the district
superintendent to the principal at the school of attendance.  The
principal shall expeditiously disseminate the information to those
counselors directly supervising or reporting on the behavior or
progress of the minor.  In addition, the principal shall disseminate
the information to any teacher or administrator directly supervising
or reporting on the behavior or progress of the minor whom the
principal believes needs the information to work with the pupil in an
appropriate fashion, to avoid being needlessly vulnerable or to
protect other persons from needless vulnerability.
   Any information received by a teacher, counselor, or administrator
under this subdivision shall be received in confidence for the
limited purpose of rehabilitating the minor and protecting students
and staff, and shall not be further disseminated by the teacher,
counselor, or administrator, except insofar as communication with the
juvenile, his or her parents or guardians, law enforcement
personnel, and the juvenile's probation officer is necessary to
effectuate the juvenile's rehabilitation or to protect students and
staff.
   An intentional violation of the confidentiality provisions of this
paragraph is a misdemeanor punishable by a fine not to exceed five
hundred dollars ($500).
   (3) If a minor is removed from public school as a result of the
court's finding described in subdivision (b), the superintendent
shall maintain the information in a confidential file and shall defer
transmittal of the information received from the court until the
minor is returned to public school.  If the minor is returned to a
school district other than the one from which the minor came, the
parole or probation officer having jurisdiction over the minor shall
so notify the superintendent of the last district of attendance, who
shall transmit the notice received from the court to the
superintendent of the new district of attendance.
   (c) Each probation report filed with the court concerning a minor
whose record is subject to dissemination pursuant to subdivision (b)
shall include on the face sheet the school at which the minor is
currently enrolled.  The county superintendent shall provide the
court with a listing of all of the schools within each school
district, within the county, along with the name and mailing address
of each district superintendent.
   (d) Each notice sent by the court pursuant to subdivision (b)
shall be stamped with the instruction:  "Unlawful Dissemination Of
This Information Is A Misdemeanor."  Any information received from
the court shall be kept in a separate confidential file at the school
of attendance and shall be transferred to the minor's subsequent
schools of attendance and maintained until the minor graduates from
high school, is released from juvenile court jurisdiction, or reaches
the age of 18, whichever occurs first.  After that time the
confidential record shall be destroyed.  At any time after the date
by which a record required to be destroyed by this section should
have been destroyed, the minor or his or her parent or guardian shall
have the right to make a written request to the principal of the
school that the minor's school records be reviewed to ensure that the
record has been destroyed.  Upon completion of any requested review
and no later than 30 days after the request for the review was
received, the principal or his or her designee shall respond in
writing to the written request and either shall confirm that the
record has been destroyed or, if the record has not been destroyed,
shall explain why destruction has not yet occurred.
   Except as provided in paragraph (2) of subdivision (b), no
liability shall attach to any person who transmits or fails to
transmit any notice or information required under subdivision (b).
   (e) For purposes of this section, a "juvenile case file" means a
petition filed in any juvenile court proceeding, reports of the
probation officer, and all other documents filed in that case or made
available to the probation officer in making his or her report, or
to the judge, referee, or other hearing officer, and thereafter
retained by the probation officer, judge, referee, or other hearing
officer.
  SEC. 22.2.  Section 827 of the Welfare and Institutions Code is
amended to read:
   827.  (a) (1) Except as provided in Section 828, a petition filed
in any juvenile court proceeding, reports of the probation officer,
and all other documents filed in that case or made available to the
probation officer in making his or her report, or to the judge,
referee, or other hearing officer, and thereafter retained by the
probation officer, judge, referee, or other hearing officer, may be
inspected only by the following:
   (A) Court personnel.
   (B) The district attorney, a city attorney, or city prosecutor
authorized to prosecute criminal or juvenile cases under state law.
   (C) The minor who is the subject of the proceeding.
   (D) His or her parents or guardian.
   (E) The attorneys for the parties, and judges, referees, other
hearing officers, probation officers and law enforcement officers who
are actively participating in criminal or juvenile proceedings
involving the minor.
   (F) The superintendent or designee of the school district where
the minor is enrolled or attending school.
   (G) Members of the child protective agencies as defined in Section
11165.9 of the Penal Code.
   (H) The State Department of Social Services to carry out its
duties pursuant to Division 9 (commencing with Section 10000), and
Part 5 (commencing with Section 7900) of Division 12 of the Family
Code to oversee and monitor county child welfare agencies, children
in foster care or receiving foster care assistance, and out-of-state
placements.
   (I) To authorized legal staff or special investigators who are
peace officers who are employed by, or who are authorized
representatives of, the State Department of Social Services, as
necessary to the performance of their duties to inspect, license, and
investigate community care facilities, and to ensure that the
standards of care and services provided in those facilities are
adequate and appropriate and to ascertain compliance with the rules
and regulations to which the facilities are subject.  The
confidential information shall remain confidential except for
purposes of inspection, licensing, or investigation pursuant to
Chapter 3 (commencing with Section 1500) and Chapter 3.4 (commencing
with Section 1596.70) of Division 2 of the Health and Safety Code, or
a criminal, civil, or administrative proceeding in relation thereto.
  The confidential information may be used by the State Department of
Social Services in a criminal, civil, or administrative proceeding.
The confidential information shall be available only to the judge or
hearing officer and to the parties to the case.  Names that are
confidential shall be listed in attachments separate to the general
pleadings.  The confidential information shall be sealed after the
conclusion of the criminal, civil, or administrative hearings, and
shall not subsequently be released except in accordance with this
subdivision.  If the confidential information does not result in a
criminal, civil, or administrative proceeding, it shall be sealed
after the State Department of Social Services decides that no further
action will be taken in the matter of suspected licensing
violations.  Except as otherwise provided in this subdivision,
confidential information in the possession of the State Department of
Social Services shall not contain the name of the minor.
   (J) Members of children's multidisciplinary teams, persons or
agencies providing treatment or supervision of the minor.
   (K) Any other person who may be designated by court order of the
judge of the juvenile court upon filing a petition.
   (2) Any records or reports relating to a matter within the
jurisdiction of the juvenile court prepared by or released by the
court, a probation department, or the county department of social
services, any portion of those records or reports, and information
relating to the contents of those records or reports, shall not be
disseminated by the receiving agencies to any persons or agencies,
other than those persons or agencies authorized to receive documents
pursuant to this section.  Further, any of those records or reports,
any portion of those records or reports, and information relating to
the contents of those records or reports, shall not be made
attachments to any other documents without the prior approval of the
presiding judge of the juvenile court, unless they are used in
connection with and in the course of a criminal investigation or a
proceeding brought to declare a person a dependent child or ward of
the juvenile court.
   (b) (1) While the Legislature reaffirms its belief that juvenile
court records, in general, should be confidential, it is the intent
of the Legislature in enacting this subdivision to provide for a
limited exception to juvenile court record confidentiality to promote
more effective communication among juvenile courts, family courts,
law enforcement agencies, and schools to ensure the rehabilitation of
juvenile criminal offenders as well as to lessen the potential for
drug use, violence, other forms of delinquency, and child abuse.
   (2) Notwithstanding subdivision (a), written notice that a minor
enrolled in a public school, kindergarten to grade 12, inclusive, has
been found by a court of competent jurisdiction to have committed
any felony or any misdemeanor involving curfew, gambling, alcohol,
drugs, tobacco products, carrying of weapons, a sex offense listed in
Section 290 of the Penal Code, assault or battery, larceny,
vandalism, or graffiti shall be provided by the court, within seven
days, to the superintendent of the school district of attendance.
Written notice shall include only the offense found to have been
committed by the minor and the disposition of the minor's case.  This
notice shall be expeditiously transmitted by the district
superintendent to the principal at the school of attendance.  The
principal shall expeditiously disseminate the information to those
counselors directly supervising or reporting on the behavior or
progress of the minor.  In addition, the principal shall disseminate
the information to any teacher or administrator directly supervising
or reporting on the behavior or progress of the minor whom the
principal believes needs the information to work with the pupil in an
appropriate fashion, to avoid being needlessly vulnerable or to
protect other persons from needless vulnerability.
   Any information received by a teacher, counselor, or administrator
under this subdivision shall be received in confidence for the
limited purpose of rehabilitating the minor and protecting students
and staff, and shall not be further disseminated by the teacher,
counselor, or administrator, except insofar as communication with the
juvenile, his or her parents or guardians, law enforcement
personnel, and the juvenile's probation officer is necessary to
effectuate the juvenile's rehabilitation or to protect students and
staff.
   An intentional violation of the confidentiality provisions of this
paragraph is a misdemeanor punishable by a fine not to exceed five
hundred dollars ($500).
   (3) If a minor is removed from public school as a result of the
court's finding described in subdivision (b), the superintendent
shall maintain the information in a confidential file and shall defer
transmittal of the information received from the court until the
minor is returned to public school.  If the minor is returned to a
school district other than the one from which the minor came, the
parole or probation officer having jurisdiction over the minor shall
so notify the superintendent of the last district of attendance, who
shall transmit the notice received from the court to the
superintendent of the new district of attendance.
   (c) Each probation report filed with the court concerning a minor
whose record is subject to dissemination pursuant to subdivision (b)
shall                                                 include on the
face sheet the school at which the minor is currently enrolled.  The
county superintendent shall provide the court with a listing of all
of the schools within each school district, within the county, along
with the name and mailing address of each district superintendent.
   (d) Each notice sent by the court pursuant to subdivision (b)
shall be stamped with the instruction:  "Unlawful Dissemination Of
This Information Is A Misdemeanor."  Any information received from
the court shall be kept in a separate confidential file at the school
of attendance and shall be transferred to the minor's subsequent
schools of attendance and maintained until the minor graduates from
high school, is released from juvenile court jurisdiction, or reaches
the age of 18, whichever occurs first.  After that time the
confidential record shall be destroyed.  At any time after the date
by which a record required to be destroyed by this section should
have been destroyed, the minor or his or her parent or guardian shall
have the right to make a written request to the principal of the
school that the minor's school records be reviewed to ensure that the
record has been destroyed.  Upon completion of any requested review
and no later than 30 days after the request for the review was
received, the principal or his or her designee shall respond in
writing to the written request and either shall confirm that the
record has been destroyed or, if the record has not been destroyed,
shall explain why destruction has not yet occurred.
   Except as provided in paragraph (2) of subdivision (b), no
liability shall attach to any person who transmits or fails to
transmit any notice or information required under subdivision (b).
  SEC. 22.3.  Section 827 of the Welfare and Institutions Code is
amended to read:
   827.  (a) (1) Except as provided in Section 828, a case file may
be inspected only by the following:
   (A) Court personnel.
   (B) The district attorney, a city attorney, or city prosecutor
authorized to prosecute criminal or juvenile cases under state law.
   (C) The minor who is the subject of the proceeding.
   (D) His or her parents or guardian.
   (E) The attorneys for the parties, and judges, referees, other
hearing officers, probation officers and law enforcement officers who
are actively participating in criminal or juvenile proceedings
involving the minor.
   (F) The superintendent or designee of the school district where
the minor is enrolled or attending school.
   (G) Members of the child protective agencies as defined in Section
11165.9 of the Penal Code.
   (H) The State Department of Social Services to carry out its
duties pursuant to Division 9 (commencing with Section 10000), and
Part 5 (commencing with Section 7900) of Division 12 of the Family
Code to oversee and monitor county child welfare agencies, children
in foster care or receiving foster care assistance, and out-of-state
placements.
   (I) To authorized legal staff or special investigators who are
peace officers who are employed by, or who are authorized
representatives of, the State Department of Social Services, as
necessary to the performance of their duties to inspect, license, and
investigate community care facilities, and to ensure that the
standards of care and services provided in those facilities are
adequate and appropriate and to ascertain compliance with the rules
and regulations to which the facilities are subject.  The
confidential information shall remain confidential except for
purposes of inspection, licensing, or investigation pursuant to
Chapter 3 (commencing with Section 1500) and Chapter 3.4 (commencing
with Section 1596.70) of Division 2 of the Health and Safety Code, or
a criminal, civil, or administrative proceeding in relation thereto.
  The confidential information may be used by the State Department of
Social Services in a criminal, civil, or administrative proceeding.
The confidential information shall be available only to the judge or
hearing officer and to the parties to the case.  Names that are
confidential shall be listed in attachments separate to the general
pleadings.  The confidential information shall be sealed after the
conclusion of the criminal, civil, or administrative hearings, and
shall not subsequently be released except in accordance with this
subdivision.  If the confidential information does not result in a
criminal, civil, or administrative proceeding, it shall be sealed
after the State Department of Social Services decides that no further
action will be taken in the matter of suspected licensing
violations.  Except as otherwise provided in this subdivision,
confidential information in the possession of the State Department of
Social Services shall not contain the name of the minor.
   (J) Members of children's multidisciplinary teams, persons or
agencies providing treatment or supervision of the minor.
   (K) Any other person who may be designated by court order of the
judge of the juvenile court upon filing a petition.
   (2) Notwithstanding any other law and subject to subparagraph (A)
of paragraph (3), juvenile case files, except those relating to
matters within the jurisdiction of the court pursuant to Section 601
or 602, which pertain to a deceased child who was within the
jurisdiction of the juvenile court pursuant to Section 300, shall be
released to the public pursuant to an order by the juvenile court
after a petition has been filed and interested parties have been
afforded an opportunity to file an objection.  Any information
relating to another child or which could identify another child,
except for information about the deceased, shall be redacted from the
juvenile case file prior to release, unless a specific order is made
by the juvenile court to the contrary.  Except as provided in this
paragraph, the presiding judge of the juvenile court may issue an
order prohibiting or limiting access to the juvenile case file, or
any portion thereof, of a deceased child only upon a showing that
release of the juvenile case file or any portion thereof is
detrimental to the safety, protection, or physical, or emotional
well-being of another child who is directly or indirectly connected
to the juvenile case that is the subject of the petition.
   (3) Access to juvenile case files pertaining to matters within the
jurisdiction of the juvenile court pursuant to Section 300 shall be
limited as follows:
   (A) If a juvenile case file, or any portion thereof, is privileged
or confidential pursuant to any other state law or federal law or
regulation, the requirements of that state law or federal law or
regulation prohibiting or limiting release of the juvenile case file
or any portions thereof shall prevail.  Unless a person is listed in
subparagraphs (A) to (J), inclusive, of paragraph (1) and is entitled
to access under the other state law or federal law or regulation
without a court order, all those seeking access, pursuant to other
authorization, to portions of, or information relating to the
contents of, juvenile case files protected under another state law or
federal law or regulation, shall petition the juvenile court.  The
juvenile court may only release the portion of, or information
relating to the contents of, juvenile case files protected by another
state law or federal law or regulation if disclosure is not
detrimental to the safety, protection, or physical or emotional
well-being of a child who is directly or indirectly connected to the
juvenile case that is the subject of the petition.  This paragraph
shall not be construed to limit the ability of the juvenile court to
carry out its duties in conducting juvenile court proceedings.
   (B) Prior to the release of the juvenile case file or any portion
thereof, the court shall afford due process, including a notice of
and an opportunity to file an objection to the release of the record
or report to all interested parties.
   (4) A juvenile case file, any portion thereof, and information
relating to the content of the juvenile case file, shall not be
disseminated by the receiving agencies to any persons or agencies,
other than those persons or agencies authorized to receive documents
pursuant to this section.  Further, a juvenile case file, any portion
thereof, and information relating to the content of the juvenile
case file, shall not be made as an attachment to any other documents
without the prior approval of the presiding judge of the juvenile
court, unless it is used in connection with and in the course of a
criminal investigation or a proceeding brought to declare a person a
dependent child or ward of the juvenile court.
   (b) (1) While the Legislature reaffirms its belief that juvenile
court records, in general, should be confidential, it is the intent
of the Legislature in enacting this subdivision to provide for a
limited exception to juvenile court record confidentiality to promote
more effective communication among juvenile courts, family courts,
law enforcement agencies, and schools to ensure the rehabilitation of
juvenile criminal offenders as well as to lessen the potential for
drug use, violence, other forms of delinquency, and child abuse.
   (2) Notwithstanding subdivision (a), written notice that a minor
enrolled in a public school, kindergarten to grade 12, inclusive, has
been found by a court of competent jurisdiction to have committed
any felony or any misdemeanor involving curfew, gambling, alcohol,
drugs, tobacco products, carrying of weapons, a sex offense listed in
Section 290 of the Penal Code, assault or battery, larceny,
vandalism, or graffiti shall be provided by the court, within seven
days, to the superintendent of the school district of attendance.
Written notice shall include only the offense found to have been
committed by the minor and the disposition of the minor's case.  This
notice shall be expeditiously transmitted by the district
superintendent to the principal at the school of attendance.  The
principal shall expeditiously disseminate the information to those
counselors directly supervising or reporting on the behavior or
progress of the minor.  In addition, the principal shall disseminate
the information to any teacher or administrator directly supervising
or reporting on the behavior or progress of the minor whom the
principal believes needs the information to work with the pupil in an
appropriate fashion, to avoid being needlessly vulnerable or to
protect other persons from needless vulnerability.
   Any information received by a teacher, counselor, or administrator
under this subdivision shall be received in confidence for the
limited purpose of rehabilitating the minor and protecting students
and staff, and shall not be further disseminated by the teacher,
counselor, or administrator, except insofar as communication with the
juvenile, his or her parents or guardians, law enforcement
personnel, and the juvenile's probation officer is necessary to
effectuate the juvenile's rehabilitation or to protect students and
staff.
   An intentional violation of the confidentiality provisions of this
paragraph is a misdemeanor punishable by a fine not to exceed five
hundred dollars ($500).
   (3) If a minor is removed from public school as a result of the
court's finding described in subdivision (b), the superintendent
shall maintain the information in a confidential file and shall defer
transmittal of the information received from the court until the
minor is returned to public school.  If the minor is returned to a
school district other than the one from which the minor came, the
parole or probation officer having jurisdiction over the minor shall
so notify the superintendent of the last district of attendance, who
shall transmit the notice received from the court to the
superintendent of the new district of attendance.
   (c) Each probation report filed with the court concerning a minor
whose record is subject to dissemination pursuant to subdivision (b)
shall include on the face sheet the school at which the minor is
currently enrolled.  The county superintendent shall provide the
court with a listing of all of the schools within each school
district, within the county, along with the name and mailing address
of each district superintendent.
   (d) Each notice sent by the court pursuant to subdivision (b)
shall be stamped with the instruction:  "Unlawful Dissemination Of
This Information Is A Misdemeanor."  Any information received from
the court shall be kept in a separate confidential file at the school
of attendance and shall be transferred to the minor's subsequent
schools of attendance and maintained until the minor graduates from
high school, is released from juvenile court jurisdiction, or reaches
the age of 18, whichever occurs first.  After that time the
confidential record shall be destroyed.  At any time after the date
by which a record required to be destroyed by this section should
have been destroyed, the minor or his or her parent or guardian shall
have the right to make a written request to the principal of the
school that the minor's school records be reviewed to ensure that the
record has been destroyed.  Upon completion of any requested review
and no later than 30 days after the request for the review was
received, the principal or his or her designee shall respond in
writing to the written request and either shall confirm that the
record has been destroyed or, if the record has not been destroyed,
shall explain why destruction has not yet occurred.
   Except as provided in paragraph (2) of subdivision (b), no
liability shall attach to any person who transmits or fails to
transmit any notice or information required under subdivision (b).
   (e) For purposes of this section, a "juvenile case file" means a
petition filed in any juvenile court proceeding, reports of the
probation officer, and all other documents filed in that case or made
available to the probation officer in making his or her report, or
to the judge, referee, or other hearing officer, and thereafter
retained by the probation officer, judge, referee, or other hearing
officer.
  SEC. 23.  Section 827.1 of the Welfare and Institutions Code, as
added by Chapter 422 of the Statutes of 1996, is amended and
renumbered to read:
   827.7.  (a) Notwithstanding Section 827 or any other provision of
law, written notice that a minor has been found by a court of
competent jurisdiction to have committed any felony pursuant to
Section 602 shall be provided by the court within seven days to the
sheriff of the county in which the offense was committed and to the
sheriff of the county in which the minor resides.  Written notice
shall include only that information regarding the felony offense
found to have been committed by the minor and the disposition of the
minor's case.  If at any time thereafter the court modifies the
disposition of the minor's case, it shall also notify the sheriff as
provided above.  The sheriff may disseminate the information to other
law enforcement personnel upon request, provided that he or she
reasonably believes that the release of this information is generally
relevant to the prevention or control of juvenile crime.
   Any information received pursuant to this section shall be
received in confidence for the limited law enforcement purpose for
which it was provided and shall not be further disseminated except as
provided in this section.  An intentional violation of the
confidentiality provisions of this section is a misdemeanor
punishable by a fine not to exceed five hundred dollars ($500).
   (b) In the written notice provided pursuant to this section, a
court may authorize a sheriff who receives information under this
section to disclose this information where the release of the
information is imperative for the protection of the public and the
offense is a violent felony, as defined in subdivision (c) of Section
667.5 of the Penal Code.
  SEC. 24.  Section 827.5 of the Welfare and Institutions Code is
amended to read:
   827.5.  Notwithstanding any other provision of law except Sections
389 and 781 of this code and Section 1203.45 of the Penal Code, a
law enforcement agency may disclose the name of any minor 14 years of
age or older taken into custody for the commission of any serious
felony, as defined in subdivision (c) of Section 1192.7 of the Penal
Code, and the offenses allegedly committed, upon the request of
interested persons, as soon as a petition to declare the minor a ward
pursuant to Section 602 has been filed or a criminal complaint
against the minor has been filed in a court of competent
jurisdiction.
  SEC. 25.  Section 827.6 of the Welfare and Institutions Code is
repealed.
  SEC. 26.  Section 827.6 is added to the Welfare and Institutions
Code, to read:
   827.6.  A law enforcement agency may release the name,
description, and alleged offense of any minor 14 years of age or
older alleged to have committed a violent felony, as defined in
subdivision (c) of Section 667.5 of the Penal Code, and against whom
an arrest warrant is outstanding, if the release of the information
is imperative for the apprehension of the minor, is necessary to
protect the safety of the public, and is authorized by the court
either in the arrest warrant or by separate order.  Any release of
information pursuant to this section shall be solely for the limited
purpose of enabling law enforcement to apprehend the minor.
  SEC. 27.  Section 1120.1 of the Welfare and Institutions Code is
amended to read:
   1120.1.  (a) In furtherance of the purpose of the Department of
the Youth Authority to protect society from the consequences of
criminal activity, the department's educational programs shall focus
on value-based character education, emphasizing curriculum leading to
a crime-free lifestyle.  In furtherance of this goal, the department
shall establish the office of the Superintendent of Education.  The
Superintendent of Education shall oversee educational programs under
the jurisdiction of the department.
   (b) The department shall ensure that each ward who has not
attained a high school diploma or equivalent shall be enrolled in an
appropriate educational program as deemed necessary by the
department.
   (c) The department shall develop a high school graduation plan for
every ward identified pursuant to subdivision (b).
  SEC. 28.  The sum of twelve million eight hundred thousand dollars
($12,800,000) is hereby appropriated from the General Fund for
distribution and allocation, as follows:
   (a) (1) To the Superintendent of Public Instruction, the sum of
five million dollars ($5,000,000) to carry out Article 10.4
(commencing with Section 35294.10) of Chapter 2 of Part 21 of the
Education Code and in augmentation of any existing appropriation for
support of any activities carried out pursuant to subdivision (a) of
Section 35294.10 of the Education Code.  The Superintendent of Public
Instruction, in consultation with the Attorney General, shall
develop and implement a schedule for utilizing this appropriation
that maximizes its distribution to schools and school districts
serving grades kindergarten to 7, inclusive, to promote school safety
and violence prevention among children and youth in grades
kindergarten to 7, inclusive.
   (2) For the purposes of making computations required by Section 8
of Article XVI of the California Constitution, the appropriation made
by paragraph (1) of this subdivision shall be deemed to be "General
Fund revenues appropriated to school districts," as defined in
subdivision (c) of Section 41202 of the Education Code for the
1999-2000 fiscal year and be included within the "total allocations
to school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code for
the 1999-2000 fiscal year.
   (b) To the Board of Corrections for funding programs currently
operating pursuant to the At-Risk Youth Early Intervention Program
set forth in Section 601.5 of the Welfare and Institutions Code, the
sum of one million five hundred thousand dollars ($1,500,000) no more
than 5 percent of which may be spent by the board for administrative
expenses.
   (c) Contingent upon the County of San Diego exercising its option
to purchase the San Pasqual Academy for use as a residential
placement, mental health treatment, education and skills training
facility for dependent children, the sum of three million dollars
($3,000,000) is hereby appropriated to the County of San Diego for
the 1999-2000 fiscal year for the purpose of purchasing the San
Pasqual Academy.  It is the intent of the Legislature that the
additional sum of one million dollars ($1,000,000) be appropriated
each year for these purposes for the 2000-2001 and the 2001-2002
fiscal years.
   (d) The sum of one million eight hundred thousand dollars
($1,800,000) is hereby appropriated to the City and County of San
Francisco for the 1999-2000 fiscal year for the purpose of acquiring
and installing surveillance cameras on the public transit vehicles of
the municipal railway.
   (e) The sum of one million five hundred thousand dollars
($1,500,000) is hereby appropriated to the City of Riverside for the
1999-2000 fiscal year for the purpose of expanding the operation of
the Project Bridge Gang crime prevention program.
  SEC. 29.  (a) Section 22.1 of this bill incorporates amendments to
Section 827 of the Welfare and Institutions Code proposed by both
this bill and SB 199.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2000,
(2) each bill amends Section 827 of the Welfare and Institutions
Code, and (3) SB 792 is not enacted or as enacted does not amend that
section, and (4) this bill is enacted after SB 199, in which case
Sections 22, 22.2, and 22.3 of this bill shall not become operative.

   (b) Section 22.2 of this bill incorporates amendments to Section
827 of the Welfare and Institutions Code proposed by both this bill
and SB 792.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2000, (2) each
bill amends Section 827 of the Welfare and Institutions Code, (3) SB
199 is not enacted or as enacted does not amend that section, and (4)
this bill is enacted after SB 792, in which case Sections 22, 22.1,
and 22.3 of this bill shall not become operative.
   (c) Section 22.3 of this bill incorporates amendments to Section
827 of the Welfare and Institutions Code proposed by this bill, SB
199, and SB 792.  It shall only become operative if (1) all three
bills are enacted and become effective on or before January 1, 2000,
(2) all three bills amend Section 827 of the Welfare and Institutions
Code, and (3) this bill is enacted after SB 199, and SB 792, in
which case Sections 22, 22.1, and 22.2 of this bill shall not become
operative.
  SEC. 30.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
   However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.