BILL NUMBER: AB 788	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   JANUARY 3, 2000

INTRODUCED BY   Assembly Member Maldonado

                        FEBRUARY 24, 1999

    An act to add and repeal Article 29 (commencing with
Section 988) of Chapter 2 of Part 1 of the Welfare and Institutions
Code, relating to juveniles, and declaring the urgency thereof, to
take effect immediately.   An act to amend Section 202
of the Welfare and Institutions Code, relating to juvenile court law.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 788, as amended, Maldonado.   Juveniles  
Juvenile court law:  purpose .   
   Existing law sets forth the purpose of juvenile court law.  Among
other things, existing law states that minors under the jurisdiction
of the juvenile court shall receive care, treatment, and guidance, as
specified.
   This bill would revise the purposes of the juvenile court law to
include dispositions intended to accomplish specified public safety
objectives, and would set forth 5 principles governing the operation
of the juvenile justice system, including the right of the public to
safe and secure homes and communities.  
   Existing provisions of the Juvenile Court Law authorize the
juvenile court to commit any minor adjudged a ward of the court to
specified facilities and programs.
   This bill would enact a pilot program in up to 3 counties selected
by the Judicial Council, at the option of those counties, as
provided.  The pilot program would apply to juveniles adjudged a ward
of the juvenile court by reason of the commission of a nonviolent
misdemeanor offense who have never been adjudged a ward of the
juvenile court by reason of the commission of any violent offense and
who have not attended a victim-offender reconciliation program, and
to juveniles who are undergoing specified programs of supervision.
The bill would require these juveniles to attend a victim-offender
reconciliation program, as specified, perform community service as
required, and pay restitution to the victim pursuant to specified
provisions.  These provisions would be repealed on January 1, 2003.
The bill would provide that participation in a pilot program would be
a county option and that the state has no obligation to provide
funding for the pilot programs unless funds are appropriated for that
purpose.
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:   2/3   majority  .
Appropriation:  no.  Fiscal committee:   yes  
no  .  State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.  The Legislature hereby finds and  
  SECTION 1.  It is the intent of the Legislature to promote the
mission of the juvenile justice system, long-term public safety,
through the implementation of a juvenile justice model known as "The
Balanced Approach to Restorative Justice."  The Balance Approach to
Restorative Justice holds as its central tenet that long-term public
safety is best served when victims, the community, and offenders
engage together as active participants in balanced efforts to
accomplish all of the following:  (1) assure community protection;
(2) hold offenders personally accountable for repairing the harm to
victims and communities resulting from juvenile crime; and (3) ensure
that juvenile offenders make measurable gains in educational,
vocational, social, civic, and other areas of competency that enhance
their capacity to function as law-abiding citizens.
  SEC. 2.  Section 202 of the Welfare and Institutions Code is
amended to read: 
   202.  (a) The purpose of this chapter is to provide for the
protection  , restoration,  and safety of the public and
each minor under the jurisdiction of the juvenile court and to
preserve and strengthen the minor's family ties whenever possible,
removing the minor from the custody of his or her parents only when
necessary for his or her welfare or for the safety and protection of
the public.  When removal of a minor is determined by the juvenile
court to be necessary, reunification of the minor with his or her
family shall be a primary objective.  When the minor is removed from
his or her own family, it is the purpose of this chapter to secure
for the minor custody, care, and discipline as nearly as possible
equivalent to that which should have been given by his or her
parents.  This chapter shall be liberally construed to carry out
these purposes.
   (b) Minors under the jurisdiction of the juvenile court who are in
need of protective services shall receive care, treatment and
guidance consistent with their best interest and the best interest of
the public.   Minors 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 which is consistent with their best interest,
which holds them accountable for their behavior, and which is
appropriate for their circumstances.  This guidance may include
punishment that is consistent with the rehabilitative objectives of
this chapter.  If a minor has been removed from the custody of his or
her parents, family preservation and family reunification are
appropriate goals for the juvenile court to consider when determining
the disposition of a minor under the jurisdiction of the juvenile
court as a consequence of delinquent conduct when those goals are
consistent with his or her best interests and the best interests of
the public.   When the minor is no longer a ward of the
juvenile court, the guidance he or she received should enable him or
her to be a law-abiding and productive member of his or her family
and the community.  
   (c)   To that end, minors under the jurisdiction of
the juvenile court as a consequence of delinquent conduct shall
receive dispositions intended to accomplish public safety through the
following three objectives:
   (1) Community protection through a continuum of appropriate
responses to delinquent conduct, ranging from supervision to
incapacitation, which protect citizens and victims from the threat to
public safety posed by the minor.
   (2) Accountability of the minor through restoration of the losses
experienced by the victim and the community.
   (3) Competency development of the minor in basic living skills
necessary for law-abiding citizenship.  These objectives shall be
given equal consideration and shall be equally addressed by juvenile
courts, probation departments, and youth, corrections, and other
agencies that may recommend, order, implement, or supervise
dispositions for delinquent minors.
   (c) It is the intent of the Legislature that the following five
principles form the basis of operation for the juvenile justice
system to achieve long-term public safety when dealing with
delinquent minors:
   (1) The public has a right to safe and secure homes and
communities.
   (2) Crime results in injury to the victim, the community, and the
offender.  The juvenile justice system should seek to repair those
injuries.  Victims and communities should be actively involved
throughout the juvenile justice process, to the extent consistent
with the offender's right to due process and the right of victims and
minors under subdivision (b) of Section 676.5.
   (3) Juvenile offenders should be capable of living in a
responsible and law-abiding manner within the community and their
families when they emerge from the juvenile court's jurisdiction.
   (4) The unique set of experiences and circumstances contributing
to the minor's offensive behavior must be addressed.
   (5) California's juvenile justice system will best achieve
long-term public safety when community protection, accountability of
the offender to the victim and the community, and offender competency
development are treated as equally weighted goals.
   (d)  It is also the purpose of this chapter to reaffirm that
the duty of a parent to support and maintain a minor child continues,
subject to the financial ability of the parent to pay, during any
period in which the minor may be declared a ward of the court and
removed from the custody of the parent.  
   (d)  
   (e)  Juvenile courts and other public agencies charged with
enforcing, interpreting, and administering the juvenile court law
shall consider the safety  , restoration  and protection of
the public, the importance of redressing injuries to victims, and the
best interests of the minor in all deliberations pursuant to this
chapter.  Participants in the juvenile justice system shall hold
themselves accountable for its results.  They shall act in conformity
with a comprehensive set of objectives established to improve system
performance in a vigorous and ongoing manner.  
   (e)  
   (f)  As used in this chapter, "punishment" means the
imposition of sanctions which include the following:
   (1) Payment of a fine by the minor.
   (2) Rendering of compulsory service without compensation performed
for the benefit of the community by the minor.
   (3)  Participation in a victim-offender reconciliation
program.
   (4)  Limitations on the minor's liberty imposed as a
condition of probation or parole.  
   (4)  
   (5)  Commitment of the minor to a local detention or
treatment facility, such as a juvenile hall, camp, or ranch.

   (5)  
   (6)  Commitment of the minor to the Department of the Youth
Authority.
   "Punishment," for the purposes of this chapter, does not include
retribution.  
   (f)  
   (g)  In addition to the actions authorized by subdivision
 (e)   (f)  , the juvenile court may, as
appropriate, direct the offender to complete a victim impact class,
participate in victim offender conferencing subject to the victim's
consent, pay restitution to the victim or victims, and make a
contribution to the victim restitution fund after all victim
restitution orders and fines have been satisfied, in order to hold
the offender accountable or restore the victim or community.
 declares as follows:
   (a) There is a need to preserve existing prison and jail space for
habitual violent offenders to guarantee public safety.
   (b) To reach this goal, it is the intent of the Legislature to
create punishment options that fall in a continuum between
traditional probation and traditional incarceration.
   (c) It is the intent of the Legislature to promote the long-term
safety and security of the community by expanding the array of
cost-effective sanctions for holding minors accountable to victims
and the community for their delinquent conduct, and by enhancing
community-based rehabilitation efforts.
   (d) Crime results in injury to the victim, the community, and the
offender.  The criminal justice system must seek to repair those
injuries.
   (e) In promoting justice, victims and communities should be
actively involved in the criminal justice process at the earliest
point and to the maximum extent possible.
   (f) Offenders should be held accountable for their actions.
Offenders should face their victim or victims and make things right.
Restitution is a central ingredient, as is victim-offender
reconciliation when appropriate.
   (g) A nonviolent youthful offender must be taught that when a
crime is committed, it is a crime against a real victim, not a crime
against the state.
   (h) It is essential that the criminal justice system support and
expand responses to crime which help bring the juvenile offender to a
point of remorse after a crime is committed.
   (i) The following three objectives are critical for achieving
long-term public safety:
   (1) Community protection through a continuum of appropriate
responses to delinquent conduct, ranging from supervision to
incapacitation, which protect citizens and victims from the threat to
public safety posed by the minor.
   (2) Accountability of the minor through restoration of the losses
experienced by the victim and the community.
   (3) Competency development of the minor in basic living skills
necessary for law-abiding citizenship.
  SEC. 2.  Article 29 (commencing with Section 988) is added to
Chapter 2 of Part 1 of the Welfare and Institutions Code, to read:

      Article 29.  Juvenile Justice Pilot Program

   988.  This article establishes a pilot program in up to three
counties selected by the Judicial Council, the board of supervisors
of which adopt a resolution agreeing to participate therein.  One
county shall have a population of less than 100,000, one county shall
have a population of not less than 250,000 and not more than
500,000, and one county shall have a population of over 500,000.
This article shall apply to juveniles adjudged a ward of the juvenile
court pursuant to Section 602 by reason of the commission of a
nonviolent misdemeanor offense who have never been adjudged a ward of
the juvenile court pursuant to Section 602 by reason of the
commission of any violent offense and who have not previously
attended a victim-offender reconciliation program, and to juveniles
who are undergoing a program of supervision pursuant to Section 654
or 654.2.  Nothing in this article shall be construed to require
victim participation.
   988.1.  Juveniles to whom this article applies shall be required
to do any or all of the following:
   (a) Attend a victim-offender reconciliation program that is
modeled on existing community conflict resolution programs
established pursuant to Title 10.5 (commencing with Section 14150) of
Part 4 of the Penal Code, if appropriate.
   (b) Perform community service as required, which may include
graffiti abatement and other established programs and projects that,
whenever possible, benefit the community where the crime was
committed.
   (c) Pay restitution to the victim pursuant to Section 730.6.
   988.2.  Any juvenile justice pilot program established pursuant to
this article shall collect and evaluate data pertaining to the use,
effectiveness, and cost of the program on an annual basis.  The
evaluation shall determine whether the amount of restitution
collected pursuant to subdivision (c) of Section 988.1 is 40 percent
more than the amount collected through juvenile probation programs
and whether the rate of recidivism is 10 percent less than in
juvenile probation programs.  This data shall be submitted annually
to the board of supervisors of the county in which the program
operates.  At a minimum, the information collected and evaluated
shall include the following data:
   (a) The number of offenders and victims participating in the
program.
   (b) The number of eligible offenders who declined to participate
in the program.
   (c) The number of victims who declined to participate in the
program.
   (d) The success of the program, as measured by reported victim and
offender satisfaction, completion of the program by victims and
offenders, and any additional success factors identified and tracked
by the program.
   (e) The annual operating administrative costs of the program.
   (f) A description of the program's operation, including staffing,
volunteers, and any other pertinent information.
   988.3.  After data described in Section 988.2 is submitted to the
board of supervisors, it shall be provided to the Judicial Council
for evaluation.  The Judicial Council shall then submit a report to
the following committees and officers of the Legislature:
   (a) Assembly Appropriations.
   (b) Assembly Public Safety.
   (c) Speaker of the Assembly.
   (d) Senate Appropriations.
   (e) Senate Public Safety.
   (f) Senate President pro Tempore.
   988.4.  This article shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
  SEC. 3.  Participation in the pilot programs established by Section
2 shall be entirely at county option and shall be funded through
federal, state, or private grants or by appropriations for that
purpose.  The state shall have no obligation to provide funding for
the pilot programs unless funds are appropriated for that purpose.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order that our juvenile justice system be improved and the
safety of the public be enhanced at the earliest possible time, it is
necessary that this act take effect immediately.