BILL ANALYSIS �
AB 446
Page 1
ASSEMBLY THIRD READING
AB 446 (Carter)
As Amended March 25, 2011
Majority vote
PUBLIC SAFETY 5-2 APPROPRIATIONS 12-5
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|Ayes:|Ammiano, Cedillo, Hill, |Ayes:|Fuentes, Blumenfield, |
| |Mitchell, Skinner | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Knight, Hagman |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
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SUMMARY : Authorizes a county to adopt a restorative justice
program to address the needs of minors, victims, and the
community. Specifically, this bill :
1)Recognizes the following restorative justice principles to be
incorporated into juvenile justice proceedings:
a) Community protection from delinquent conduct through a
continuum of appropriate responses that protects citizens
and victims;
b) Accountability of the minor through restoration of the
losses experienced by the victim and the community; and,
c) Competency development of the minor through the
provision of treatment, education, and skill building
needed for success in the community.
2)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.
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3)Authorizes the Chief Deputy Secretary for the Department of
Juvenile Justice and qualified restorative justice agencies to
establish, in collaboration, restorative justice centers in
designated areas in counties throughout California.
4)States that the restorative justice programs shall be
implemented through a restorative justice protocol developed
by the juvenile court in conjunction with the prosecutor, the
public defender, probation department, representatives of
victims' groups, law enforcement, community organizations and
service providers, restorative justice groups, and clinicians
with expertise in adolescent development.
5)Requires the protocol to address the following:
a) The formation of a restorative justice council;
b) The process to be employed in any case coming before the
council;
c) The rights of minors;
d) The rights of victims involved in the case;
e) Confidentiality issues;
f) Timeliness of case processing;
g) The scope of services of, and orders that may be imposed
by, the restorative justice council;
h) The roles of the court, prosecutor, and defense counsel
in relation to the council;
i) Qualifications and the selection process for restorative
justice council members;
j) The process for evaluating compliance with the program;
and,
aa) The process for handling any failure to adhere to the
program directed by the restorative justice council.
6)States that the restorative justice program seeks to repair
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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.
7)Allows minors to be referred to the restorative justice
program as part of the court's order for informal supervision,
the court's order for nonwardship probation, the court's
dispositional order or order for deferred entry of judgment.
EXISTING LAW :
1)Provides, except as specified, any person who is under the age
of 18 years when he or she violates any law of this state or
of the United States or any ordinance of any city or county of
this state defining crime other than an ordinance establishing
a curfew based solely on age, is within the jurisdiction of
the juvenile court, which may adjudge such person to be a ward
of the court.
2)Provides that a minor under the jurisdiction of the juvenile
court who is in need of protective services shall receive
care, treatment, and guidance consistent with his or her best
interest and the best interest of the public. A minor under
the jurisdiction of the juvenile court as a consequence of
delinquent conduct shall, in conformity with the interests of
public safety and protection, receive care, treatment, and
guidance that is consistent with his or her best interest,
that holds that minor accountable for his or her behavior, and
that is appropriate for his or her circumstances.
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.
The bill states no General Fund may be used to fund a
restorative justice program established by this bill.
COMMENTS : According to the author, "I have introduced this bill
because I am deeply concerned about the youth in our society.
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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 for a full discussion of this
bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0000524