BILL NUMBER: AB 1849	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Carter
   (Coauthor: Assembly Member Perea)

                        FEBRUARY 22, 2012

   An act to add Section 237 to, and to add and repeal Section 238
of, the Welfare and Institutions Code, relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1849, as introduced, Carter. Juveniles: restorative justice.
   Existing law provides that any person under 18 years of age who
commits a crime is within the jurisdiction of the juvenile court,
except as specified. Further, existing law sets forth the purpose of
juvenile court law and provides that a minor under the juvenile court
jurisdiction as a consequence of delinquent conduct shall receive
care, treatment, and guidance that holds the minor accountable for
his or her behavior, is appropriate for his or her circumstances, and
is consistent with his or her best interest and the best interest of
the public.
   This bill makes findings and declarations related to restorative
justice programs. The bill would authorize the juvenile court of a
county to adopt a restorative justice program to address the needs of
minors, victims, and the community. The bill would require a
restorative justice program adopted by a juvenile court to be
implemented through a restorative justice protocol developed by the
court with the prosecutor, public defender, and, when possible,
representatives from other interested groups. Under this bill,
certain enumerated offenses would not be eligible for inclusion
within a restorative justice program. Additionally, this bill would
authorize a court not to refer an eligible minor to a restorative
justice program if the court determines that the program is not in
the minor's best interest. The bill would require the Administrative
Office of the Courts to establish restorative justice pilot programs
in 5 or more counties. Those counties would begin implementing
restorative justice programs by January 1, 2014. Under the bill, the
Administrative Office of the Courts would be required to report to
the Judicial Council which counties have been selected by July 1,
2013, and to report to the Judicial Council on the performance of the
pilot programs by July 1, 2018.
   This bill would prohibit the use of General Fund moneys to fund
these pilot programs.
   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.  The Legislature finds and declares all of the
following:
   (a) It is the intent of the Legislature that principles of
restorative justice be incorporated into juvenile justice
proceedings, consistent with the underlying rehabilitative purpose of
the Juvenile Court Law (Chapter 2 (commencing with Section 200) of
Part 1 of Division 2 of the Welfare and Institutions Code) and the
commitment of the Victims' Bill of Rights Act of 2008 (subdivision
(b) of Section 28 of Article I of the California Constitution) to due
process and restitution. Restorative justice principles recognize
the following needs:
   (1) Community protection from delinquent conduct through a
continuum of appropriate responses that protects citizens and
victims.
   (2) Accountability of the minor through restoration of the losses
experienced by the victim and the community.
   (3) Competency development of the minor through the provision of
treatment, education, and skill building needed for success in the
community.
   (b) Crime results in injury to the victim, the community, and the
offender. Whenever appropriate, the juvenile justice system should
seek to repair those injuries, taking into account the age, mental
capacity, and developmental maturity of the minor, the nature of the
offense, and the resources available to the minor to accomplish the
goals of Section 237 of the Welfare and Institutions Code, enacted by
Section 2 of this act. Victims and communities should be actively
involved in helping to develop programs and services, and in ensuring
accountability through helping individual minors to understand the
impact of their actions. These activities shall be pursued in a
manner consistent with the minor's right to due process and the right
of victims and minors under Section 676.5 of the Welfare and
Institutions Code.
   (c) Nothing in this act changes the fundamental intention of the
Juvenile Court Law that individualized care, treatment, and guidance
be provided to each minor coming to the attention of the juvenile
court for alleged delinquency.
   (d) Restorative justice principles, where applied, have improved
public safety by changing behaviors that lead juvenile offenders to
repeat criminal activity. Mediation processes that implement
restorative justice principles have been shown to reduce recidivism
rates among juvenile offenders to less than 6 percent, as compared to
an average rate of between 15 and 20 percent without mediation.
  SEC. 2.  Section 237 is added to the Welfare and Institutions Code,
to read:
   237.  (a) Consistent with the rehabilitative purpose of this
chapter, the juvenile court in a county may adopt a restorative
justice program to address the needs of minors, victims, and the
community.
   (b) For the purposes of this section, an "eligible minor" is a
person under 18 years of age at the time that the offense alleged
within the petition is alleged to have been committed.
   (c) The restorative justice program shall be implemented through a
restorative justice protocol developed by the juvenile court in
conjunction with the prosecutor, public defender, probation
department, and, when possible, representatives from victims' groups,
law enforcement, community organizations and service providers,
restorative justice groups, and clinicians with expertise in
adolescent development. The protocol shall address all of the
following:
   (1) Policies and protocols to be implemented in cases utilizing a
restorative justice model.
   (2) Particular offenses, or the criteria to determine those
offenses, that shall be eligible or ineligible for inclusion within
the restorative justice program, notwithstanding subdivision (g).
   (3) The rights of minors.
   (4) Confidentiality issues.
   (5) Timeliness for case processing.
   (6) The roles of the court, prosecutor, and defense counsel in
relation to the restorative justice program.
   (7) The process for evaluating compliance with the program.
   (8) The process for handling any failure to adhere to the program.

   (d) The program in each case shall seek to repair the harm to the
victim, the minor, and the community caused by the behavior bringing
the minor before the juvenile court. The program requirements shall
be tailored to the age, mental capacity, and developmental maturity
of the minor, the nature of the offense, and the resources available
to the minor to accomplish the goals of this section.
   (e) All eligible minors shall be referred to a restorative justice
program as part of the court's order for informal supervision
pursuant to Section 654.2, the court's order for nonwardship
probation under subdivision (a) of Section 725, the court's
disposition order under Section 727, or the court's order for
deferred entry of judgment under Section 790, unless the court
determines that the restorative justice program is not in the best
interest of the minor, in which case the court shall provide for
other appropriate disposition of the case.
   (f) If the court orders the care, custody, and control of the
minor to be under the supervision of the probation officer for foster
care placement pursuant to subdivision (a) of Section 727, the minor
may be referred to the restorative justice program only as follows:
   (1) To the extent that participation in the program is consistent
with both the minor's case plan developed pursuant to Section 706.5
and any provision of reunification services to the minor and his or
her family pursuant to Section 727.2.
   (2) To the extent that participation in the program does not
result in the loss of federal financial participation for the
placement of the minor.
   (g) Because of their serious nature, the following offenses shall
not be eligible for inclusion in the restorative justice program:
   (1) Offenses that include the personal possession, use, or
discharge of a firearm.
   (2) Offenses described within subdivision (b) of Section 707.
   (3) Offenses described within subdivision (c) of Section 290 of
the Penal Code.
   (4) Offenses described within Section 186.22 of the Penal Code.
   (h) In order to participate in the restorative justice program,
the minor must, notwithstanding a formal admission, accept
responsibility for the offense and agree to cooperate with the
restorative justice process.
  SEC. 3.  Section 238 is added to the Welfare and Institutions Code,
to read:
   238.  (a) The Administrative Office of the Courts shall establish
a pilot program to adopt restorative justice principles, policies,
and protocols under Section 237, in five or more counties.
   (b) The Administrative Office of the Courts shall select counties
for involvement in the pilot program that are of varying sizes and
collectively include diverse populations. The selection of counties
shall reflect the presence of supportive and collaborative juvenile
justice partner agencies, the capacity of the court to manage and
mediate cases, the scope of utilization that is proposed, and
previous attempts to adopt restorative justice programs.
   (c) In working with the courts and partner agencies, the
Administrative Office of the Courts shall seek to provide guidance on
best practices in implementing restorative justice programs.
   (d) On or before July 1, 2013, the Administrative Office of the
Courts shall report to the Judicial Council which counties have been
selected for involvement in the pilot program. Courts in those
counties shall begin implementing restorative justice programs under
Section 237, no later than January 1, 2014.
   (e) On or before July 1, 2018, the Administrative Office of the
Courts shall report to the Judicial Council on the performance of the
restorative justice programs in the counties selected for
involvement in the pilot program. The report shall, at a minimum,
address all of the following:
   (1) A statistical analysis of the outcomes of the pilot program,
comparing recidivism rates among participants in those programs with
those of nonparticipants. This analysis shall consider sustained
violations of probation and new sustained petitions.
   (2) A cost-benefit analysis of the adoption of restorative justice
programs.
   (3) A statistical analysis of satisfaction with the restorative
justice programs on the part of victims, offenders, and other parties
in the cases involved.
   (4) A comparative analysis of restitution collection and hours of
community service between offenders who participated in restorative
justice programs and those who did not.
   (5) The percentage of cases referred to restorative justice
programs that were mediated to completion as prescribed by the court.

   (6) The percentage of eligible cases that were appropriately
referred to a restorative justice program.
   (f) No General Fund moneys shall be used to fund a restorative
justice program adopted pursuant to this section. A restorative
justice program shall be adopted in a county only after the juvenile
court in that county has obtained funds for these purposes.
   (g)This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2019, deletes or extends that date.