BILL NUMBER: AB 788	AMENDED
	BILL TEXT

	AMENDED IN SENATE   JUNE 5, 2000
	AMENDED IN ASSEMBLY   JANUARY 3, 2000

INTRODUCED BY   Assembly Member Maldonado

                        FEBRUARY 24, 1999

   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.  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.
   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.  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.  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.  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.
   (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.
   (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.
   (5) Commitment of the minor to a local detention or treatment
facility, such as a juvenile hall, camp, or ranch.
   (6) Commitment of the minor to the Department of the Youth
Authority.
   "Punishment," for the purposes of this chapter, does not include
retribution.
   (g) In addition to the actions authorized by subdivision(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.     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 that is consistent with their best interest,
that holds them accountable for their behavior, and that 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.   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.  It shall not include a court order to place
a child in foster care as defined by Section 727.3.  Permissible
sanctions may 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.