BILL NUMBER: SB 1067 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 24, 2010
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 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
outcomes and rate data , deliver the report to the
Legislature, and post it that data
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 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 committed to the
division and released to, or discharged from, parole in any fiscal
year for the followup period described in subdivision (c). Recidivism
is best measured in totality by a range of indicators, including the
following:
(1) The number of individuals who are subsequently arrested during
the followup period.
(2) The number of individuals who are subsequently adjudicated or
convicted during the followup period.
(3) The number of individuals who are subsequently returned or
recommitted to the Division of Juvenile Justice during the followup
period.
(4) The number of individuals who are subsequently returned or
committed to the Department of Corrections and Rehabilitation,
Division of Adult Institutions, 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 at 12, 24, and 36 months following
release to, or discharge from, parole.
(d) The Division of Juvenile Justice shall post the recidivism
outcomes and rates described in subdivision (b) on the department's
Internet Web site annually.
(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 (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 (d) shall be
submitted in compliance with Section 9795 of the Government Code.