BILL NUMBER: AB 999 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 10, 2009
AMENDED IN ASSEMBLY MARCH 31, 2009
INTRODUCED BY Assembly Member Skinner
( Coauthors: Assembly Members
Hall, Swanson, and Torlakson )
( Coauthor: Senator Yee
)
FEBRUARY 27, 2009
An act to amend Section 1719 of the Welfare and Institutions Code,
relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 999, as amended, Skinner. Juveniles: Division of Juvenile
Facilities.
Existing law sets forth the powers and duties of the Division of
Juvenile Facilities in the Department of Corrections and
Rehabilitation with respect to wards in its custody, including, but
not limited to, the return of persons to the court of commitment for
redisposition by the court, determination of offense category, and
setting of parole consideration dates. Existing law requires the
department to promulgate policies and regulations implementing a
departmentwide system of graduated sanctions for addressing ward
disciplinary matters, including extending a ward's parole
consideration date, subject to appeal, from one to not more than 12
months, for a sustained serious misconduct violation, as specified.
The department is also authorized to promulgate regulations to
establish a process for granting wards who have successfully
responded to disciplinary sanctions a reduction of up to 50% of any
time acquired for disciplinary matters.
This bill would revise and recast these provisions by including
conducting biannual, rather than annual, reviews, good behavior
time credits, and program time credits among the powers and
duties of the division. The bill would require the parole
consideration date of a ward to be advanced no less than
one month day earlier for every
month day of satisfactory performance
, as defined, in a one
or more credit qualifying program
programs , including performance in education, rehabilitation,
vocational education, training, drug treatment, anger
management, therapeutic, work, and other programs meant to
prepare a ward for successful reentry into society. The bill would
require the division to promulgate policies and regulations
implementing a divisionwide system of graduated sanctions for
addressing ward disciplinary matters. The bill would prohibit the
division from extending or postponing a ward's parole consideration
date, but would permit forfeiture of program time
not more than 6 months of combined program and good behavior
credits for sustained serious misconduct. The bill would
require the division to provide a document signed by a division
official to each ward defining what conduct constitutes serious
misconduct. The bill would also provide that program credits
earned before January 1, 2010, would be honored. The bill would
require the division to allow wards who received parole consideration
date extensions after January 1, 2009, and before January 1, 2010,
and who have successfully responded to disciplinary sanctions a
reinstatement of up to 100 % of the time added.
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 1719 of the Welfare and Institutions Code is
amended to read:
1719. (a) On and after July 1, 2005, the following powers and
duties shall be exercised and performed by the Board of Parole
Hearings: discharges of commitment, orders to parole and conditions
thereof, revocation or suspension of parole, and disciplinary
appeals.
(b) Any ward may appeal an adjustment to his or her parole
consideration date to a panel comprised of at least two
commissioners.
(c) The following powers and duties shall be exercised and
performed by the Division of Juvenile Facilities: return of persons
to the court of commitment for redisposition by the court,
determination of offense category, setting of parole consideration
dates, conducting annual biannual
reviews, treatment program orders, program time credits, good
behavior time credits institution placements, furlough
placements, return of nonresident persons to the jurisdiction of the
state of legal residence, disciplinary decisionmaking, and referrals
pursuant to Section 1800.
(d) Program time credits shall apply for satisfactory
performance in education, rehabilitation, vocational
education, training, drug treatment, anger management
education, rehabilitation , therapeutic, work, and other
programs meant to prepare a ward for successful reentry into society.
For every month day of satisfactory
performance in a one or more credit
qualifying program programs , as
designated by the Chief Deputy Secretary for Juvenile Justice, the
parole consideration date of a ward shall be advanced one
month no less than one day earlier.
(e) For the purposes of this section,
"satisfactory performance" means progress in a credit-qualifying
program, such as any one of the following: completion of assigned
work, continuing or improved participation in programming or class
work, continuing or improved cooperation with the instructor or
person in charge, substantial compliance with instructions, or
meeting requirements for participation in assigned activity.
(1) Failure to work or participate in program activities for
reasons which are beyond the ward's control shall not be cause for
denial or forfeiture of participation credit. These circumstances may
include, but are not limited to, the following:
(A) The ward has not been given instructions, an order, or an
assignment to perform or participate in educational, vocational, or
program activities.
(B) The ward's work or program assignment has been temporarily
suspended or permanently terminated, and the ward has not been
admitted into another educational, vocational, or rehabilitative
program.
(C) The ward is medically excluded or restricted from work or
program activities, either on a temporary basis because of illness or
injury, or on a permanent basis because of medically diagnosed
physical or mental inability to participate.
(D) The ward has failed to perform or participate after
demonstrating a reasonable effort in the specified activity.
(E) The ward is restricted from reporting to or participating in
an assigned work or program activity by an order or action of
institution staff unrelated to a disciplinary infraction by the ward.
(F) The ward's behavior is the result of mental illness or its
treatment.
(f) Good behavior time credits shall be provided independently of
program credit for substantial compliance with rules of the
institution, and substantial compliance with instructions from staff,
the instructor, or the person in charge. For every day of
substantial compliance with disciplinary rules and instructions, a
ward shall have his or her parole consideration date advanced no less
than one-half day.
(g) The division shall promulgate policies and
regulations implementing a divisionwide system of graduated sanctions
for addressing ward disciplinary matters. The disciplinary
decisionmaking system shall be employed as the disciplinary system in
facilities under the jurisdiction of the Division of Juvenile
Facilities, and shall provide a framework for handling disciplinary
matters in a manner that is consistent, timely, proportionate, and
ensures the due process rights of wards. The division shall not
extend or postpone a ward's parole consideration date. Sanctions for
sustained serious misconduct may include forfeiture of
program time credits established pursuant to this chapter, if all
other sanctioning options have been considered and determined to be
unsuitable in light of the ward's previous case history and the
circumstances of the misconduct. In any case in which a program time
credit has been forfeited, the disposition report shall clearly state
the reasons for the forfeiture. The length of any program time
credit forfeiture shall be based on the seriousness of the
misconduct, the ward's prior disciplinary history, the ward's
progress toward treatment objectives, the ward's earned program time
credits, and any extenuating or mitigating circumstances. A document
signed by a division official shall be provided to each ward defining
what conduct constitutes "serious misconduct." may
include forfeiture of not more than six months of combined program
and good behavior credits established pursuant to this chapter, if
all other sanctioning options have been considered and determined to
be unsuitable in light of the ward's previous case history and the
circumstances of the misconduct. In any case in which a program time
or good behavior credit has been forfeited, the disposition report
shall clearly state the reasons for the forfeiture. The length of any
credit forfeiture shall be based on the seriousness of the
misconduct, the ward's prior disciplinary history, the ward's
progress toward treatment objectives, the ward's earned program or
good behavior credits, and any extenuating or mitigating
circumstances. The department shall promulgate regulations to
implement a table of sanctions to be used in determining program or
good behavior time credit forfeitures. The department also shall
promulgate regulations to establish a process for granting wards who
have successfully responded to disciplinary sanction s a
reinstatement of up to 100 percent of any credit forfeited for
disciplinary matters. A document signed by a department official
shall be provided to each ward describing what defines "serious
misconduct."
(h) The division shall periodically review the ward's program
credits and good behavior credits and forfeitures, if any. Reviews
shall occur no less than every six months. At each review, a ward's
parole consideration date shall be adjusted according to the net
credit earned since the last review.
(i) Program credits earned before January 1, 2010, shall be
honored. The division shall allow wards who received parole
consideration date extensions after January 1, 2009, and before
January 1, 2010, and who have successfully responded to disciplinary
sanctions a reinstatement of up to 100 percent of the time added.
(j) Nothing in this section shall preclude the division from
providing credits or other incentives for other desirable behaviors
or program participation.