BILL ANALYSIS                                                                                                                                                                                                    



                                                          AB 788
                                                          Page  1

Date of Hearing:  April 6, 1999
Counsel:              Bruce E. Chan


              ASSEMBLY COMMITTEE ON PUBLIC SAFETY 
                        Mike Honda, Chair

      AB 788 (Maldonado) - As Introduced:  February 24, 1999
  
SUMMARY  :  Establishes a three-county pilot program to apply  
restorative justice principles in dealing with non-violent  
juvenile offenders.  Specifically,  this bill  : 

1)States legislative findings and declarations.  Empowers the  
  Judicial Council to determine the counties to be selected for  
  participation in the pilot program.

2)Establishes criteria for counties selected to include counties  
  having the following population profiles: under 100,000;  
  between 250,000 and 500,000; and over 500,000. 

3)Requires participants to be juveniles adjudged wards of the  
  juvenile court by reason of the commission of any non-violent  
  misdemeanor offense who have never been previously adjudged a  
  ward by reason of the commission of any violent offense and  
  who have not previously attended a similar program, and to  
  minors participating in informal probation supervision.

4)Requires participants to attend victim-offender reconciliation  
  programs (VORP), perform community service, and pay  
  restitution to victims pursuant to specified provisions.

5)Provides for the collection and evaluation of data pertaining  
  to this program and requires that an evaluation of the program  
  be submitted to the county board of supervisors, then to the  
  Legislative Analyst for evaluation. The Legislative Analyst  
  then submits a report to the Legislature.

6)Provides that the pilot programs are entirely at county option  
  and remain in effect until January 1, 2003. 
 
  EXISTING LAW  :

1)Provides that minors adjudged wards of the juvenile court  
  based on criminal conduct may be subject to disposition  








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  including, but not limited to, placement in a juvenile hall,  
  ranch, camp, forestry camp or secure juvenile homes, or the  
  Youth Authority.  (Welfare and Institutions Code (WIC)  
  Sections 725 and 730.)

2)Allows for the court to take jurisdiction over a minor upon a  
  finding that the minor has committed an offense, violated an  
  ordinance or is beyond the control of his or her parents. (WIC  
  Section 725.)

3)Permits the court to place a minor on probation, after finding  
  the minor is the person who has committed an offense, for up  
  to six months without adjudging the minor a ward of the court.  
   (WIC Section 725.)

4)Requires that if a minor is placed on probation, certain  
  conditions must be imposed dependent on the type of offense.   
  (WIC Section 725.)

5)Authorizes a probation officer to place a minor on six-months'  
  informal supervision if the probation officer concludes that  
  the minor is either within the jurisdiction of the juvenile  
  court or soon will be.  A minor is ineligible for informal  
  probation if the current offense is a serious or violent  
  felony; selling or possessing for purposes of sale a  
  controlled substance; possessing a controlled substance on  
  school ground; criminal gang activity; an offense involving  
  more than $1,000 of restitution to the victim; or if a minor  
  has previously participated in a program of informal  
  supervision or been adjudged a ward of the court. (WIC Section  
  654.)

6)Provides if the minor successfully completes the conditions of  
  the program of supervision directed by the probation officer,  
  the petition does not get filed with the juvenile court.  (WIC  
  Section 654.)
 
  FISCAL EFFECT  :  Unknown

  COMMENTS  :   

 1)Author's Statement:   According to the author, "I am worried  
  about the youth in our society-especially those without  
  responsible parents to guide them.  I want to find a way to  
  teach these kids about the consequences of their actions  








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  before they commit crimes that land them in prison.  I believe  
  the programs described in AB 788 will force these youth to  
  deal with their victims and the cost of their crimes-teaching  
  them responsibility and how to avoid future crimes.  We need  
  to find more approaches to combating juvenile crime.  The  
  pilot envisioned by AB 788 would teach juvenile offenders  
  about the consequences of their actions and the cost to their  
  victims."

  2)Prior Legislation:   This bill is almost identical to AB 320  
  (Goldsmith) of the 1997-1998 Legislative Session.  AB 320 was  
  vetoed.

  REGISTERED SUPPORT / OPPOSITION  :   

  Support  

California Peace Officer's Association
California Police Chief's Association
California Child, Youth and Family Coalition
Little Hoover Commission

  Opposition  

None on file
  
Analysis Prepared by  :  Bruce Chan / PUB. S. / (916) 319-3744