BILL ANALYSIS
AB 114
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CONCURRENCE IN SENATE AMENDMENTS
AB 114 (Carter)
As Amended August 19, 2009
Majority vote
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|ASSEMBLY: |57-18|(May 26, 2009) |SENATE: |26-10|(August 24, |
| | | | | |2010) |
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Original Committee Reference: PUB. S.
SUMMARY : Revises the objectives of the juvenile justice system
to include principles of restorative justice and authorizes
communities to adopt restorative justice programs, as specified.
The Senate amendments delete the requirement that a county that
establishes a restorative justice program apply to appropriate
public and private, state, local and federal entities for
funding for the costs of the program.
AS PASSED BY THE ASSEMBLY, this bill:
1)Stated legislative intent to incorporate principles of
restorative justice into juvenile justice proceedings.
Specifically:
a) Recognize the following three restorative justice
principles:
i) Community protection through a continuum of
appropriate responses that protect citizens and
victims from the threat of delinquent minors' conduct;
ii) Accountability of the minor through
restoration of the losses by the victim and community;
and,
iii) Competency development of the minor through
treatment, education, and building the skills needed
for success in the community.
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b) States that the juvenile justice system should repair
crime-related injuries to the victim, the community, and
the offender. Victims and communities should be actively
involved throughout the process to the extent consistent
with the offender's right to due process and the rights of
the minor and victim, as specified.
c) States the fundamental intention of the Juvenile Court
Law that individualized care, treatment, and guidance be
provided to each minor involved in juvenile court.
2)Authorized individual counties to adopt a restorative justice
program under the conditions that counties provide that:
a) The restorative justice program address the needs of
minors, victims, and the community,
b) The restorative justice programs follow a protocol,
developed by the juvenile court in conjunction with the
prosecutor, public defender, probation department, victims'
groups, law enforcement, community organizations, service
providers, restorative justice groups, and clinicians with
expertise in adolescent development. The protocol must
address: i) the formation of a restorative justice
council; ii) the process to come before the council, the
rights of minors, rights of victims, confidentiality
issues, timeliness for case proceedings, the scope of
services and orders imposed by the council, the role of the
courts, qualifications for council members, a compliance
evaluation process, and a process for failure to comply.
c) The restorative justice program seek to repair the harm
to the victim, the minor, and the community. The program
shall be tailored to the age, mental capacity, and maturity
of the minor, the nature of the offense, and the resources
available to the minor.
d) Minors may be referred to the restorative justice
program by the court's order for informal supervision,
non-wardship probation, dispositional order, or order for
deferred entry of judgment.
e) If the minor is placed in foster care under the
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supervision of a probation officer, the minor may only be
referred to the restorative justice program if the
participation in the program is consistent with the minor's
foster care case plan, and reunification services between
the minor and his or her family; and does not result in the
loss of federal financial participation for the minor's
placement.
f) No General Fund money shall be used to fund a
restorative justice program, and this bill is not intended
to restrict counties from developing or maintaining
existing programs.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, no direct state or local costs. To the extent a
county opts to adopt a program, and to the extent the proposed
restorative justice objectives, which are generally consistent
with current juvenile justice system goals, result in additional
or improved programming, local juvenile justice system costs
(not state reimbursable) could increase. This bill specifies
that no General Fund shall be used to fund a restorative justice
program established by this bill and that a county opting to
establish a restorative justice program shall apply to other
appropriate public and private entities for funding.
COMMENTS : According to the author, "I have introduced this bill
because I am deeply concerned about the youth in our society.
There needs to be a way to teach youth about the consequences of
their actions before they commit crimes that land them in
prison. I believe the programs described in this bill will
force California's youth to deal with their victims and the
consequences of their crimes, teaching them responsibility and
how to avoid future crimes. We need to find more approaches to
combating juvenile crime and this bill does just that by
promising care and rehabilitation to minors for non-violent
offenses."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gregory Pagan - Larry Yee / PUB. S. /
(916) 319-3744
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