BILL NUMBER: SB 1742 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Machado
FEBRUARY 24, 2006
An act to amend Section 736 of the Welfare and Institutions Code,
relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1742, as introduced, Machado Juvenile justice.
Existing law establishes the Youth Authority and requires it to
accept a person committed to it if it believes that the person can be
materially benefited by its reformatory and educational discipline
and if it has adequate facilities to provide that care.
This bill would instead make the Division of Juvenile Justice the
entity responsible for these duties and would make related changes to
that provision.
Existing law requires the Youth Authority to accept a person
committed to it, provided that the Director of the Youth Authority
certifies that staff and institutions are available if that person is
a borderline psychiatric or borderline mentally deficient case, sex
deviate, as specified, or if he or she suffers from a primary
behavior disorder. Existing law prohibits a person to be transported
to a facility under the jurisdiction of the Youth Authority until the
director of that agency has notified the committing court of the
place to which the person is to be transported and the time at which
that person can be received.
This bill would delete those provisions.
Existing law requires the Director of the Youth Authority and the
Director of the State Department of Mental Health to annually confer
and establish policy with respect to the types of cases that should
be the responsibility of each department.
This bill would instead provide that to determine who is best
served by the Division of Juvenile Justice and who would be better
served by the State Department of Mental Health, the Chief Deputy
Director of the Division of Juvenile Justice to confer with the
Director of the State Department of Mental Health regarding these
duties.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 736 of the Welfare and Institutions Code is
amended to read:
736. (a) The Youth Authority Division of
Juvenile Justice shall accept a person committed to it pursuant
to this article if it believes that the person can be materially
benefited by its reformatory and educational discipline, and if it
has adequate facilities , staff, and programs to provide
that care. No person subject to this section shall be transported to
any facility under the jurisdiction of the Youth Authority
Division of Juvenile Justice until the director
thereof has notified the committing court of the place to which that
person is to be transported and the time at which he or she can be
received.
(b) The Youth Authority shall also accept a person
committed to it pursuant to this article, provided that the Director
of the Youth Authority certifies that staff and institutions are
available (1) if he is a borderline psychiatric or borderline
mentally deficient case, (2) if he or she is a sex deviate unless he
or she is of a type whose presence in the community, under parole
supervision, would present a menace to the public welfare, or (3) if
he or she suffers from a primary behavior disorder. No person subject
to this section shall be transported to any facility under the
jurisdiction of the Youth Authority until the director thereof has
notified the committing court of the place to which that person is to
be transported and the time at which he can be received.
To implement the administration of this paragraph
determine who is best served by the Division of Juvenile Justice
and who would be better served by t he State Department
of Mental Health , the Director of the Youth Authority
Chief Deputy Director of the Division of Juvenile
Justice and the Director of the State Department of
Mental Health shall, at least annually, confer and establish policy
with respect to the types of cases which that
should be the responsibility of each department.