Senate Bill No. 1296

Introduced by Senator Leno

February 21, 2014

An act to amend Section 1219 of the Code of Civil Procedure, and to amend Sections 207 and 601 of, and to add Section 213.3 to, the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

SB 1296, as introduced, Leno. Juveniles: contemptuous habitual truants.

Existing law authorizes a court to punish for acts of contempt, including authorizing a court to direct the incarceration of a defendant until he or she complies with the court’s order. Existing law prohibits a court from imprisoning or otherwise taking into custody the victim of a sexual assault or domestic violence crime for contempt of court if the contempt consists of refusing to testify about the sexual assault or domestic violence crime.

This bill would additionally prohibit a court from imprisoning, holding in physical confinement, as defined, or otherwise taking into custody persistently or habitually truant minors for contempt of court if the contempt consists of the minor’s failure to comply with a court order to attend school. The bill would authorize a court, if those minors are found to be in contempt of court for that reason, to issue any other lawful order, as necessary, to secure the minor’s attendance at school.

Existing law subjects a person who is under 18 years of age who engages in certain noncriminal behavior, including, among other things, persistent or habitual truancy or failure to obey the reasonable and proper orders or directions of school authorities to the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. Existing law prohibits a minor from being detained in a secure facility, as defined, if he or she is taken into custody solely upon the ground that he or she is a person described above or adjudged a ward of the juvenile court solely upon that ground, except as provided.

This bill would prohibit a minor from being detained in a secure facility, as defined, solely upon the ground that he or she is in willful disobedience or interference with any lawful order of the juvenile court, if the basis of the order of contempt is persistent or habitual truancy, and would authorize a court to issue any other lawful order, as necessary, to secure the minor’s school attendance. The bill would make a related declaration of legislative intent.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1219 of the Code of Civil Procedure is
amended to read:

1219.  

(a) Except as provided in begin delete subdivision (b), when end delete
begin insert subdivisions (b) and (c), if end insert the contempt consists of the omission
to perform an act which is yet in the power of the person to
perform, he or she may be imprisoned until he or she has performed
it, and in that case the act shall be specified in the warrant of
commitment.

(b) Notwithstanding any other law, begin delete no court may end delete begin insert a court shall
not end insert imprison or otherwise confine or place in custody the victim
of a sexual assault or domestic violence crime for contempt begin delete when end delete
begin insert if end insert the contempt consists of refusing to testify concerning that sexual
assault or domestic violence crime. Before finding a victim of a
domestic violence crime in contempt as described in this section,
the court may refer the victim for consultation with a domestic
violence counselor. All communications between the victim and
the domestic violence counselor that occur as a result of that
referral shall remain confidential under Section 1037.2 of the
Evidence Code.

begin insert

(c) Notwithstanding any other law, a court shall not imprison,
hold in physical confinement, or otherwise confine or place in
custody a minor for contempt if the contempt consists of the minor’s
failure to comply with a court order pursuant to subdivision (b)
of Section 601 of, or Section 727 of, the Welfare and Institutions
Code, if the minor was adjudged a ward of the court on the ground
that he or she is a person described in subdivision (b) of Section
601 of the Welfare and Institutions Code. Upon a finding of
contempt of court, the court may issue any other lawful order, as
necessary, to secure the minor’s attendance at school.

end insert begin delete

(c)

end delete

begin insert (d) end insert  As used in this section, the following terms have the
following meanings:

(1) “Sexual assault” means any act made punishable by Section
261, 262, 264.1, 285, 286, 288, 288a, or 289 of the Penal Code.

(2) “Domestic violence” means “domestic violence” as defined
in Section 6211 of the Family Code.

(3) “Domestic violence counselor” means “domestic violence
counselor” as defined in subdivision (a) of Section 1037.1 of the
Evidence Code.

begin insert

(4) “Physical confinement” has the same meaning as defined
in subdivision (d) of Section 726 of the Welfare and Institutions
Code.

end insert

SEC. 2.  

Section 207 of the Welfare and Institutions Code is
amended to read:

207.  

(a)  begin delete No end delete begin insert A end insert minor shall begin insert not end insert be detained in any jail, lockup,
juvenile hall, or other secure facility begin delete who end delete begin insert if he or she end insert is taken into
custody solely upon the ground that he or she is a person begin insert described
by Section 213.3, or end insert described by Section 601 or adjudged to be
such or made a ward of the juvenile court solely upon that ground,
except as provided in subdivision (b). If any such minor, other
than a minor described in subdivision (b), is detained, he or she
shall be detained in a sheltered-care facility or crisis resolution
home as provided for in Section 654, or in a nonsecure facility
provided for in subdivision (a), (b), (c), or (d) of Section 727.

(b) A minor taken into custody upon the ground that he or she
is a person described in Section 601, or adjudged to be a ward of
the juvenile court solely upon that ground, may be held in a secure
facility, other than a facility in which adults are held in secure
custody, in any of the following circumstances:

(1) For up to 12 hours after having been taken into custody for
the purpose of determining if there are any outstanding wants,
warrants, or holds against the minor in cases where the arresting
officer or probation officer has cause to believe that the wants,
warrants, or holds exist.

(2) For up to 24 hours after having been taken into custody, in
order to locate the minor’s parent or guardian as soon as possible
and to arrange the return of the minor to his or her parent or
guardian, with the exception of an out-of-state runaway who is
being held pursuant to the Interstate Compact for Juveniles.

(c) Any minor detained in juvenile hall pursuant to subdivision
(b) begin delete may end delete begin insert shall end insert not be permitted to come or remain in contact with
any person detained on the basis that he or she has been taken into
custody upon the ground that he or she is a person described in
Section 602 or adjudged to be such or made a ward of the juvenile
court upon that ground.

(d) Minors detained in juvenile hall pursuant to Sections 601
and 602 may be held in the same facility provided they are not
permitted to come or remain in contact within that facility.

(e) Every county shall keep a record of each minor detained
under subdivision (b), the place and length of time of the detention,
and the reasons why the detention was necessary. Every county
shall report this information to the Board of Corrections on a
monthly basis, on forms to be provided by that agency.

The board shall not disclose the name of the detainee, or any
personally identifying information contained in reports sent to the
begin delete Youth Authority end delete begin insert Division of Juvenile Justice end insert under this subdivision.

SEC. 3.  

Section 213.3 is added to the Welfare and Institutions
Code, to read:

213.3.  

A person under 18 years of age shall not be detained in
a secure facility, as defined in Section 206, solely upon the ground
that he or she is in willful disobedience or interference with any
lawful order of the juvenile court, if the basis of an order of
contempt is the failure to comply with a court order pursuant to
subdivision (b) of Section 601. Upon a finding of contempt of
court, the court may issue any other lawful order, as necessary, to
ensure the minor’s school attendance.

SEC. 4.  

Section 601 of the Welfare and Institutions Code is
amended to read:

601.  

(a) Any person under begin delete the age of 18 years end delete begin insert 18 years of age end insert
who persistently or habitually refuses to obey the reasonable and
proper orders or directions of his or her parents, guardian, or
custodian, or who is beyond the control of that person, or who is
under the age of 18 years when he or she violated any ordinance
of any city or county of this state establishing a curfew based solely
on age is within the jurisdiction of the juvenile court which may
adjudge the minor to be a ward of the court.

(b) If a minor has four or more truancies within one school year
as defined in Section 48260 of the Education Code or a school
attendance review board or probation officer determines that the
available public and private services are insufficient or
inappropriate to correct the habitual truancy of the minor, or to
correct the minor’s persistent or habitual refusal to obey the
reasonable and proper orders or directions of school authorities,
or if the minor fails to respond to directives of a school attendance
review board or probation officer or to services provided, the minor
is then within the jurisdiction of the juvenile court which may
adjudge the minor to be a ward of the court. However, it is the
intent of the Legislature that begin delete no end delete begin insert a end insert minor who is begin insert described in this
subdivision, end insert adjudged a ward of the court pursuant solely to this
subdivision begin insert , or found in contempt of court for failure to comply
with a court order end insert begin insert pursuant to this subdivision, end insert shall begin insert not end insert be begin insert held
in a secure facility and shall not be end insert removed from the custody of
the parent or guardian except begin delete during school hours end delete begin insert for the purposes
of school attendance end insert .

(c) To the extent practically feasible, a minor who is adjudged
a ward of the court pursuant to this section shall not be permitted
to come into or remain in contact with any minor ordered to
participate in a truancy program, or the equivalent thereof, pursuant
to Section 602.

(d) Any peace officer or school administrator may issue a notice
to appear to a minor who is within the jurisdiction of the juvenile
court pursuant to this section.