BILL NUMBER: SB 1067 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 14, 2010
AMENDED IN SENATE MARCH 23, 2010
INTRODUCED BY Senator Oropeza
FEBRUARY 17, 2010
An act to amend Section 12838.3 of the Government Code, and to add
Section 1710.5 to the Welfare and Institutions Code, relating to
juveniles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1067, as amended, Oropeza. Juvenile justice: recidivism.
Existing law provides that the Department of Corrections and
Rehabilitation consists of Juvenile Justice, among others. Existing
law creates within the Department of Corrections and Rehabilitation
under the Chief Deputy Secretary for Juvenile Justice, the Division
of Juvenile Facilities, the Division of Juvenile Programs, and the
Division of Juvenile Parole Operations.
This bill would make a clarifying change by creating the Division
of Juvenile Justice. The bill would also make other nonsubstantive
conforming changes.
Existing law states that the purpose of the Division of Juvenile
Parole Operations within the Department of Corrections and
Rehabilitation is to monitor and supervise the reentry into society
of youthful offenders under the jurisdiction of the department, and
to promote the successful reintegration of youthful offenders into
society, in order to reduce the rate of recidivism, thereby
increasing public safety.
This bill would require the Division of Juvenile Justice to track
recidivism rates, as defined specified
, of youthful offenders under the jurisdiction of the department.
The bill would also require the division to create an annual report
that includes recidivism rate data, deliver the report to the
Legislature, and post it on the department's Internet Web site once
per year, beginning January 1, 2012. The bill would specify that the
reporting requirement would be inoperative on January 1, 2016.
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 12838.3 of the Government Code is amended to
read:
12838.3. There is hereby created within the Department of
Corrections and Rehabilitation the Division of Juvenile Justice which
shall be headed by the Chief Deputy Secretary for Juvenile Justice.
There is hereby created within the Division of Juvenile Justice the
Division of Juvenile Facilities, the Division of Juvenile Programs,
and the Division of Juvenile Parole Operations. Each of those three
divisions shall be headed by a chief, who shall be appointed by the
Governor, at the recommendation of the secretary, subject to Senate
confirmation, who shall serve at the pleasure of the Governor.
SEC. 2. Section 1710.5 is added to the Welfare
and Institutions Code, to read:
1710.5. (a) The Division of Juvenile Justice shall track
recidivism rates of youthful offenders under the jurisdiction of the
department. The division shall report those rates to the appropriate
legislative committees once per year.
(b) For the purposes of this section, the following terms have the
following meanings:
(1) "Recidivism" means an adjudication, adjudication withheld, or
an adult conviction for an offense committed within 36 months of
completing a program.
(2) "Recidivism rates" include annual data on parolee rearrests by
gender, race, and offense severity.
(c) The Division of Juvenile Justice shall create an annual report
that includes the recidivism rate data. On January 1, 2012, and each
January 1 thereafter, the division shall deliver the report to the
Legislature and post it on the department's Internet Web site.
(d) The recidivism rate reports shall include recidivism rate data
at 12-, 24-, and 36-month intervals, and shall distinguish
misdemeanor arrests, felony arrests, and felony arrests under Section
707.
SEC. 2. Section 1710.5 is added to the Welfare and
Institutions Code, to read:
1710.5. (a) The Division of Juvenile Justice
shall track and report data on the recidivism outcomes and rates of
youthful offenders under its jurisdiction and control in accordance
with the provisions of this section.
(b) The Division of Juvenile Justice shall collect and report
recidivism outcomes and rates for youthful offenders released on
parole in any calendar year for the followup period described in
subdivision (c) for each of the following categories:
(1) The number of juveniles who have been released on parole in
each calendar year who are returned to a juvenile facility for a
parole violation during the followup period.
(2) The number of juveniles who have been released on parole in
each calendar year who are returned to a juvenile facility on a new
commitment for a subsequent offense during the followup period.
(3) The number of juveniles who have been released on parole in
each calendar year who are rearrested for a new offense, identified
as a felony or misdemeanor, during the followup period.
(4) The number of juveniles who have been released on parole in
each calendar year who are either adjudicated or convicted of a new
offense, identified as a felony or misdemeanor, during the followup
period.
(c) The followup period for tracking the recidivism outcomes and
rates described in subdivision (b) shall be three years, with annual
recidivism data to be collected on the performance of each parolee at
12, 24, and 36 months following release on parole.
(d) The Division of Juvenile Justice shall create an annual report
that includes the recidivism outcomes and rates described in
subdivision (b). The recidivism rate shall be reported, for each
annual calendar year release cohort, as the percent of those released
who recidivated at 12, 24, and 36 months in each of the categories
described in subdivision (b). On January 1, 2012, and each January 1
thereafter, the division shall deliver the report to the Legislature
and post it on the department's Internet Web site.
(e) (1) The requirement for submitting a report imposed under
subdivision (c) (d) is inoperative on
January 1, 2016, pursuant to Section 10231.5 of the Government Code.
(2) A report to be submitted pursuant to subdivision (c)
(d) shall be submitted in compliance with
Section 9795 of the Government Code.