BILL NUMBER: AB 2414 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Solorio
FEBRUARY 24, 2012
An act to amend Sections 597u and 597v of, and to repeal
Section 597y of, the Penal Code, relating to animal euthanasia
add and repeal Title 2.07 (commencing with Section
3475) of Part 3 of the Penal Code, relating to youthful offender
reentry programs .
LEGISLATIVE COUNSEL'S DIGEST
AB 2414, as amended, Solorio. Euthanasia: animals.
Postdischarge Youthful Offender Community Reentry
Grant Programs.
Existing law establishes various educational, vocational, reentry,
and other programs for offenders in custody or released to parole or
probation.
This bill would establish, until 2018, a youthful offender reentry
competitive grant program consisting of grants administered by the
California Emergency Management Agency to eligible community
programs, as defined, to target offenders who will be 16 to 23 years
of age upon discharge from local or Department of Corrections and
Rehabilitation facilities, or probation or parole, as specified. The
bill would make operation of the grant program contingent upon funds
appropriated for that purpose. The bill would provide that
participation by discharged offenders would be voluntary, and that
priority would be given to youths who are gang affiliated, or who
have a family member who is gang affiliated, as specified. The bill
would set forth those elements which, at a minimum, would be required
to be provided in an eligible community program by a grantee. The
bill would require the California Emergency Management Agency to
maintain statistical information on the success of the program,
including, but not limited to, the number of eligible youths served
and the rate of return to custody for those eligible youths who
enroll and participate in an eligible community program.
Existing law prohibits a person from killing any animal by using
carbon monoxide gas or, except as specified, by intracardiac
injection of a euthanasia agent on a conscious animal. With respect
to the killing of any dog or cat, existing law prohibits a person
from using a high-altitude decompression chamber or nitrogen gas.
Existing law prohibits any person from killing a newborn dog or cat
whose eyes have not yet opened by any method other than by the use of
chloroform vapor or by inoculation of barbiturates. Existing law
states that a violation of the above provisions is a misdemeanor.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1 . Title 2.07
(commencing with Section 3475) is added to Part 3 of the
Penal Code , to read:
TITLE 2.07. POSTDISCHARGE YOUTHFUL OFFENDER COMMUNITY REENTRY
GRANT PROGRAMS
3475. (a) The California Emergency Management Agency, to the
extent that funds are appropriated for the purposes of this title,
shall establish a Youthful Offender Reentry competitive grant program
targeting offenders who will be between 16 and 23 years of age upon
discharge from a local county juvenile facility or Department of
Corrections and Rehabilitation facility, or from probation or parole.
In addition to funds appropriated for the purposes of this title,
the agency may accept private contributions to fund grants authorized
by this title.
(b) Priority for grants shall be given to programs that have
existed for at least one year prior to the effective date of this
title and to those eligible community programs that have operated at
any time in the three years prior to the effective date of this
title.
(c) Participation in the programs by youthful offenders is
voluntary. Participating offenders shall be enrolled by grantees no
later than 72 hours after discharge, subject to approval by the
grantee.
(d) Priority for enrollment shall be given to eligible youths who
the custodial entity determined to be gang affiliated, or who have a
family member who has been identified as gang affiliated.
3476. (a) For purposes of this section, an "eligible community
program" means, at a minimum, a program that provides all of the
following:
(1) Integrated education and job training ser the participants'
time spent in classroom-based instruction, counseling, and leadership
development instruction, and 50 percent of the participants' time
spent in experiential job training.
(A) The education component described in paragraph (1) shall
include basic skills, instruction, secondary education services, and
other activities designed to lead to the attainment of a high school
diploma or its equivalent. The curriculum for this component shall
include math, language arts, vocational education, life skills
training, social studies related to the cultural and community
history of participants, and leadership skills.
(B) Bilingual services shall be available for individuals with
limited English proficiency and an English learning curriculum shall
be provided where feasible and appropriate.
(C) A program shall have a goal of a minimum teacher-to-student
ratio of one teacher for every 18 students.
(D) The job training component described in paragraph (1) shall
involve work experience and skills training apprenticeships related
to construction and rehabilitation activities as described in
paragraph (4).
(2) Assistance in attaining postsecondary education and in
obtaining financial aid shall be made available to participants prior
to graduation from the program.
(3) Counseling services designed to assist participants in
positively participating in society, including all of the following,
as necessary:
(A) Outreach, assessment, and orientation.
(B) Individual and peer counseling.
(C) Life skills training.
(D) Drug and alcohol abuse education and prevention.
(E) Referral to appropriate drug rehabilitation, medical, mental
health, legal, housing, and other community services and resources. A
program shall have a goal of a minimum ratio of one counselor for
every 28 participants.
(4) Acquisition, rehabilitation, or construction of housing, and
related facilities to be used for the purpose of providing home
ownership for disadvantaged persons, residential housing for homeless
individuals and very low income families, or transitional housing
for persons who are homeless, ill, deinstitutionalized, or who have
disabilities or special needs.
(5) Leadership development training that provides participants
with meaningful opportunities to develop leadership skills, including
decisionmaking, problem solving, and negotiating. A program shall
encourage participants to develop strong peer group ties that support
their mutual pursuit of skills and values.
(b) The California Emergency Management Agency shall maintain
statistical information on the success of this program, including,
but not limited to, the number of eligible youths served and the rate
of return to custody for those eligible youths who enroll and
participate in an eligible community program. This information shall
be provided to the Legislature upon request.
3477. This title shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SECTION 1. Section 597u of the Penal Code is
amended to read:
597u. (a) No person, peace officer, officer of a humane society,
or officer of a pound or animal regulation department of a public
agency shall kill any animal by using any of the following methods:
(1) Carbon monoxide gas.
(2) Intracardiac injection of a euthanasia agent on a conscious
animal, unless the animal is heavily sedated or anesthetized in a
humane manner, or comatose, or unless, in light of all the relevant
circumstances, the procedure is justifiable.
(b) With respect to the killing of any dog or cat, no person,
peace officer, officer of a humane society, or officer of a pound or
animal regulation department of a public agency shall use any of the
methods specified in subdivision (a) or any of the following methods:
(1) High-altitude decompression chamber.
(2) Nitrogen gas.
(c) A violation of this section is a misdemeanor.
SEC. 2. Section 597v of the Penal Code is
amended to read:
597v. (a) No person, peace officer, officer of a humane society,
or officer of a pound or animal regulation department of a public
agency shall kill any newborn dog or cat whose eyes have not yet
opened by any other method than by the use of chloroform vapor or by
inoculation of barbiturates.
(b) A violation of this section is a misdemeanor.
SEC. 3. Section 597y of the Penal Code is
repealed.