BILL NUMBER: SB 1589 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 31, 2006
PASSED THE ASSEMBLY AUGUST 28, 2006
AMENDED IN ASSEMBLY AUGUST 24, 2006
AMENDED IN ASSEMBLY AUGUST 7, 2006
AMENDED IN ASSEMBLY JUNE 21, 2006
AMENDED IN SENATE MAY 17, 2006
INTRODUCED BY Senator Romero
FEBRUARY 24, 2006
An act to add Section 1756.5 to the Welfare and Institutions Code,
relating to the Division of Juvenile Justice.
LEGISLATIVE COUNSEL'S DIGEST
SB 1589, Romero Division of Juvenile Justice: specialized
programs.
The Division of Juvenile Justice is vested with all the powers,
functions, duties, responsibilities, obligations, liabilities, and
jurisdiction of the former Youth Authority. The Division of Juvenile
Justice consists of the Division of Juvenile Facilities, the Division
of Juvenile Programs, and the Division of Juvenile Parole Operations
under the Chief Deputy of Juvenile Justice, each headed by a chief
who is appointed by the Governor and subject to Senate confirmation.
This bill would require the Division of Juvenile Justice to
explore options to provide specialized programs outside of division
facilities for female juvenile offenders, taking into account
availability and the protection of the public. The bill would also
require the division to provide programs either in division
facilities or in secure facilities operated under the supervision of
the division, as specified. The bill would further require the
division to ensure that the requirements of the division's Safety and
Welfare Remedial Plan, any subsequent remedial plan, or any
subsequent legislative plan are met by outside contracting entities,
if any, and would also require legislative approval for the transfer
of the Ventura Youth Correctional Facility to the Division of Adult
Institutions, if contemplated.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The Legislature believes that the Division of Juvenile Justice
shall provide female wards with the necessary programs and training
to rehabilitate the majority of those female wards. Therefore, it is
the intent of the Legislature that the division seeks to enter into
contracts to place female wards with providers outside of division
facilities.
(b) If governmental entities can provide gender-specific programs
that are equal to programs that can be provided by qualified private
parties, it is further the intent of the Legislature that preference
be given to placing those females with governmental entities.
SEC. 2. Section 1756.5 is added to the Welfare and Institutions
Code, to read:
1756.5. (a) The Division of Juvenile Justice shall explore
options to provide specialized programs outside of division
facilities for female offenders, if those programs are available and
consistent with the protection of the public. Specialized programs
for these offenders shall take into account commitment offenses,
delinquency history, age, gender, medical and mental health
condition, risk levels, and any other commitment criteria.
(b) The Division of Juvenile Justice may also consider changes
with respect to eligibility, age, jurisdiction, or length of
confinement in order to ensure quality programs within division
facilities.
(c) (1) Given the small number of female offenders and their
specialized needs, the Division of Juvenile Justice shall explore
options to provide programs for female offenders in either division
facilities or secure facilities outside of division facilities
operated under the supervision of the Division of Juvenile Justice,
if providing programs in those facilities is consistent with the
protection of the public. The division shall transfer female
offenders into those facilities as expediently as possible.
(2) If the Division of Juvenile Justice contracts with outside
entities to provide services to female wards as authorized in
paragraph (1), the division shall ensure that those contracting
entities will meet the requirements of the division's Safety and
Welfare Remedial Plan, dated July 10, 2006, particularly the
requirement that females receive gender-specific services equal to
those provided to males under the rehabilitative model, any
subsequently agreed to remedial plan, or any plan subsequently
authorized by the Legislature.
(3) If the Division of Juvenile Justice wishes to transfer control
of the Ventura Youth Correctional Facility to the Division of Adult
Institutions, the Division of Juvenile Justice shall seek the
approval of the Legislature.