BILL NUMBER: AB 1536 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 30, 2001
AMENDED IN SENATE JULY 9, 2001
AMENDED IN ASSEMBLY MAY 31, 2001
AMENDED IN ASSEMBLY MAY 1, 2001
INTRODUCED BY Assembly Member Cardenas
(Coauthor: Senator Perata)
FEBRUARY 23, 2001
An act to add and repeal Article 2 (commencing with Section 69540)
of Chapter 5 of Title 8 of the Government Code, relating to superior
courts , and making an appropriation therefor .
LEGISLATIVE COUNSEL'S DIGEST
AB 1536, as amended, Cardenas. Truancy.
Existing law provides for making habitually truant minors a ward
of the juvenile court.
This bill would provide that, as a pilot project, one division of
the juvenile court in Los Angeles County selected by the Judicial
Council shall be devoted solely to issues involving truancy, to be
known as the "truancy court," which would have jurisdiction over the
parents or guardians of a truant, as well as the truant, but shall
exercise such jurisdiction only upon referral by specified agencies.
The bill would also specify the staff of the truancy court, provide
that hearings of the truancy court be conducted throughout Los
Angeles County, provide for the coordination of the pilot project by
the Los Angeles Countywide Justice Coordinating Council, and provide
for the repeal of the pilot project on January 1, 2004. The bill
would require the Juvenile Division of the Los Angeles Superior Court
to prepare and submit a specified evaluation of the pilot project to
the Legislature by April 15, 2004.
The bill would impose a state-mandated local program by imposing
new duties on the juvenile court in Los Angeles County.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
The bill would appropriate $750,000 from the General Fund to the
Judicial Council for disbursement in accordance with the purposes of
the bill.
Vote: majority 2/3 .
Appropriation: no yes . Fiscal
committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 2 (commencing with Section 69540) is added to
Chapter 5 of Title 8 of the Government Code, to read:
Article 2. Truancy Court Pilot Project
69540. As a pilot project, one division of the juvenile court in
Los Angeles County selected by the Judicial Council shall be devoted
solely to issues involving truancy in violation of Section 601 of the
Welfare and Institutions Code, to be known as the "truancy court."
69541. (a) The truancy court shall have jurisdiction over the
parents or guardians of a truant, as well as the truant, but shall
exercise such jurisdiction only upon referral by the truant's school,
the School Attendance Review Board, and the Los Angeles County
Truancy Mediation Program, following their diligent attempts to
resolve the minor's truancy problem.
(b) Truancy court hearings shall be conducted in juvenile courts
geographically located throughout Los Angeles County to ensure that
all residents of the county have access to the truancy court without
placing an undue hardship on the minors and their families who appear
in the court. In no instance, shall a minor or his or her
family be required to attend a truancy court hearing that is
conducted in a juvenile court that is located more than 20 miles from
the residence of the minor and his or her family. The
truancy court shall ensure that no minor and his or her parent or
parents or legal guardian or guardians shall be required to attend a
truancy court hearing that is conducted in a court which is located
more than 30 miles from the juvenile court nearest the residence of
the minor and his or her parent or parents or legal guardian or
guardians. The truancy court may take steps to ensure that the minor
and his or her parent or parents or legal guardian or guardians are
provided transportation assistance to access the truancy court
without undue hardship.
69542. The truancy court shall be staffed by a team of
professionals, including a district attorney, public defender, school
district liaison, probation officer, mental health professional,
special education expert, and case manager who volunteer for
assignment to the truancy court, to consider and discuss the
circumstances of each case and attempt to reach consensus on the
action plan prior to a court hearing.
69543. The Los Angeles Countywide Criminal Justice Coordinating
Committee shall coordinate the pilot project.
69544. This article shall be repealed on January 1, 2004.
SEC. 2. The Juvenile Division of the Los Angeles Superior Court
shall prepare and submit to the Legislature on or before April 15,
2004, an evaluation of the Truancy Court Pilot Project. This
evaluation shall identify outcome measures to determine the
effectiveness of the pilot project which shall include, but not be
limited to, all of the following, to the extent that data is
available:
(a) The number of cases handled by the truancy courts.
(b) The attendance rates or other appropriate outcome measures for
youth handled by the truancy court compared to youth handled by
other juvenile courts in Los Angeles.
(c) Quantification of the annual per capita costs of the truancy
court compared to the costs of handling truancy matters in other
juvenile courts in Los Angeles.
SEC. 3. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
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.
SEC. 4. The sum of seven hundred fifty thousand dollars ($750,000)
is hereby appropriated from the General Fund to the Judicial Council
for disbursement in accordance with the purposes of this act.