BILL ANALYSIS
AB 788
Page 1
Date of Hearing: January 11, 2000
Counsel: Bruce E. Chan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mike Honda, Chair
AB 788 (Maldonado) - As Amended: January 3, 2000
SUMMARY : Revises the purpose of juvenile court law to include
dispositions intended to accomplish public safety objectives,
and establishes set principles governing the operation of the
juvenile justice system based on the "Balanced Approach to
Restorative Justice" model. Specifically, this bill :
1)Revises the purpose of the juvenile court law to provide that
minors in the juvenile justice system receive dispositions
intended to accomplish public safety through a model of the
"Balanced Approach to Restorative Justice" model that
establishes the following three objectives:
a)Community protection through a continuum of
appropriateresponses to delinquent conduct, ranging from
supervision to incapacitation, which protect citizens and
victims from the threat to public safety posed by the
minor.
b)Accountability of the minor through restoration of the
losses experienced by the victim and the community.
c)Competency development of the minor in basic living skills
necessary for law-abiding citizenship, with these
objectives being given equal consideration and weight by
participants working within the juvenile court system and
involved with the recommendation, implementation or
supervision of the disposition.
2)Provides legislative intent that the following five principles
apply to California's juvenile justice system for a delinquent
minor:
a)The public has a right to safe and secure homes and
communities.
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b)Crime results in injury to the victim, the community, and
the offender which the juvenile justice system should seek
to repair through all parties' participation in the
juvenile justice process.
c)A juvenile offender should be capable of living in a
responsible and law-abiding manner within the community and
his or her family when he or she emerges from the juvenile
court's jurisdiction.
d)The unique set of experiences and circumstances
contributing to the minor's offensive behavior must be
addressed.
e)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 weighed goals.
3)Reaffirms the parent's duty to support and maintain a minor
child, subject to financial ability, during the period in
which the minor is under the wardship of the court.
EXISTING LAW :
1)Provides that 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 interests, which holds them accountable for their
behavior, and which is appropriate for their circumstances.
(Welfare and Institutions Code (WIC) Section 202.)
2)Juvenile courts and other public agencies charged with
enforcing, interpreting and administering the juvenile court
law shall consider the safety and protection of the public
and the best interests of the minor in all deliberations.
(WIC Section 202.)
3)Provides that minors adjudged wards of the juvenile court
based on criminal conduct may be subject to disposition
including, but not limited to, placement in a juvenile hall,
ranch, camp, forestry camp or secure juvenile homes, or the
Youth Authority. (WIC Sections 725 and 730.)
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4)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.)
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
before they commit crimes that land them in prison. We need
to have youth deal with their victims and the cost of their
crimes-teaching them responsibility and how to avoid future
crimes."
2)The California Task Force to Review Juvenile Crime and the
Juvenile Justice Response (Task Force) Final Report . In its
September 1996 report, the Task Force stated, "We recommend
that California adopt the balanced approach framework within
the juvenile justice system. This framework encourages equal
consideration for community protection, offender
accountability, and offender competency development." The
Task Force further asserted that a balanced approach operates
on the premise that decision making must take into
consideration the converging interests of all involved parties
in the juvenile justice process, including: (a) protection of
the community, (b) restoration of the victim and the
community, and (c) the juvenile delinquent's development of
basic literacy and living skills necessary for the youthful
offender to emerge from the juvenile court's jurisdiction as a
responsible, law-abiding citizen. A balancing of these three
objectives must be sought if long-term public safety is to be
achieved. A balanced approach provides the juvenile justice
system with a clear direction that helps to resolve the
long-standing dispute over the relative value and virtues of
rehabilitation versus punishment, treatment versus control,
the community's interest versus the needs of the delinquent
youth, and public safety versus youth development.
The Task Force proposed that the adoption of a balanced approach
could enhance long-term public safety for all Californians,
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restore public confidence in the effectiveness of the juvenile
courts and juvenile probation by clarifying the goals and
objectives of those active in this field, and begin to turn
around young people who are currently on a downward spiral
with their lives.
3)Prior Legislation: This bill is almost identical to SB 668
(Vasconcellos) of the 1997-1998 Legislative Session. SB 668
was vetoed.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Bruce Chan / PUB. S. / (916) 319-3744