BILL NUMBER: AB 1913 AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 23, 2000 INTRODUCED BY Assembly Members Cardenas, Cedillo,FirebaughCorrea, Firebaugh, Havice, Longville , Runner, Vincent, and Wright and Senators Hughes and Murray (Coauthor: Senator Polanco) FEBRUARY 11, 2000 An act to addSections 186.27 andSection 186.29 to, and to repeal and add Section 186.26 of,the Penal Code, and to amend Sections625.3,743, 746,and 749.22749.21, 749.22, and 749.27 of, and to add Sections 654.5 and 654.7 to, the Welfare and Institutions Code, relating to juveniles. LEGISLATIVE COUNSEL'S DIGEST AB 1913, as amended, Cardenas. Juveniles: crime prevention. (1) Existing lawprovides that any adult who utilizes physical violence to coerce, induce, or solicit a minor to actively participate in a criminal street gang, as defined, or who threatens a minor with physical violence on 2 or more occasions with a specified period with the intent to do the same, shall be punished by imprisonment in the state prison for one, 2, or 3 years. Existing law also provides that a minor who is 16 years of age or younger who violates these provisions is guilty of a misdemeanor, and that no person shall be convicted of violating these provisions on speech alone except upon a showing of a credible threat of violence, as defined. This bill would delete the above described provisions and instead provide that any person who threatens another person with physical violence on two or more occasions with the intent to coerce, induce, or solicit any person to actively participate in a criminal street gang, or who uses physical violence to do the same, or who uses physical violence to coerce, induce, solicit, or otherwise prevent another person from leaving any criminal street gang, is punishable by imprisonment in the state prison for one, 2, or 3 years. The bill would also provide that if the person solicited, recruited, coerced, or threatened pursuant to these provisions is a minor, an additional and consecutive term of imprisonment of 6, 12, or 18 months shall be imposed. The bill would also provide that any person who actively solicits or recruits a minor on the grounds of, or within 1,000 feet of, a public or private elementary, vocational, junior high, or high school when that facility is open for classes, to actively participate in a criminal street gang, or with the intent that the person engage in a pattern of criminal gang activity or otherwise promote, further, or assist in any felonious conduct by members of the gang, shall be punishable by a term of imprisonment in the state prison of one, 2, or 3 years. By changing the definition and scope of an existing crime, and by creating new crimes, this bill would impose a state-mandated local program. (2) Thisimposes penalties on persons who participate in criminal street gangs. Existing law also provides protection for witnesses to crimes under the Hertzberg-Leslie Witness Protection Act. This bill would provide that, contingent upon an appropriation of $5,000,000 in the state budget for this purpose, reasonable expenses for relocation shall be made available at the discretion of local law enforcement agencies to any person who is a victim of a criminal street gang or is a witness to a gang crime and is willing to testify in court. The bill would provide that local law enforcement agencies shall operate the program at the county level and seek reimbursement from the state.(3) Existing law provides that a minor who is 14 years of age or older who is taken into custody by a peace officer for the personal use or possession of a firearm during the commission or attempted commission of a felony shall not be released until that minor is brought before a judicial officer for a mental health assessment, as specified. This bill would expand this requirement to also apply to minors taken into custody during the commission or attempted commission of specified offenses leading to a presumption that the defendant should be tried as an adult. By imposing new duties on law enforcement officers, this bill would impose a state-mandated local program. (4)(2) Existing law provides that in cases where a probation officer determines that a minor is or likely will be within the jurisdiction of the juvenile court, the officer may delineate an alternative program or programs, not to exceed 6 months, designed to adjust the situation bringing the minor within the juvenile court's jurisdiction by providing care and treatment for addiction, individual and family counseling, and other services , except as specified. Existing law provides that a court may, without adjudging the minor a ward of the court, continue any hearing on a petition for 6 months and order the minor to participate in these alternative programs and services. This bill would provide that all minors designated as eligible for alternative supervision diversion pursuant to these provisions shall be enrolled in an appropriate accredited school program as a condition of program participation, be placed on a probation officer caseload of no more than 35 cases, be given a social history assessment as specified, and be provided with alcohol and substance abuse services, counseling , and mental health services, if appropriate. This bill would also provide that, subject to appropriation in the state budget,$35,000,000$30,000,000 shall be available to local community-based organizationsand, mental health agencies , and other specified agencies to provide services pursuant to these provisions. The bill would also provide that eligible minors arrested for misdemeanor offenses shall be referred to the local probation departmentor to a local juvenile crime diversion or gang prevention program under supervision of the local police or sheriff's department, which would be responsible for referring the minor to the appropriate program and for confirming the minor completes the program requirements. The bill would also provide that, subject to appropriation in the state budget, at least$100,000,000$75,000,000 shall be made available for support of local juvenile crime diversion and gang prevention programs, at least$50,000,000$10,000,000 shall be made available for utilization by local school district police departments for development of school-based juvenile crime diversion programs, as specified, and at least$20,000,000$25,000,000 shall be made available to support local juvenile crime diversion and gang prevention programs for predelinquent youth. The bill would provide that, subject to appropriation in the state budget, at least $20,000,000 and, shall be made available annually to develop or expand gender specific programs for female offenders and at least $8,000,000 shall be made available annually for the support of local female juvenile crime diversion and gang prevention programs. The bill would also provide that, subject to appropriation in the state budget, at least $6,000,000 shall be made available annually for the Abolish Chronic Truancy Program in Los Angeles County, and at least $6,000,000 annually to the Communities in Schools program, as specified. By imposing additional duties on local law enforcement personnel, this bill would impose a state-mandated local program.(5)(3) Existing law establishes a 3-year pilot project, subject to appropriation of funds therefor, to be known as the "Repeat Offender Prevention Project" for operation in specified counties, the purpose of which is to design, establish, implement, and evaluate a model program for the reduction of recidivism among juvenile offenders, as specified. This bill would specify that this program is contingent upon the appropriation of $220,000,000, remove the 3-year limitation,andmake the program available to every county probation department in the state , and require participating probation departments to evaluate the need for specific programs for female juvenile offenders .(6)(4) Existing law provides that a minor shall be selected for participation in the Repeat Offender Prevention Project based on several specified factors, including that the minor is 151/2 years of age or younger, has been declared a ward of the juvenile court for the first time, and is to be supervised by a probation department selected for participation in the project. This bill would expand this factor to also include minors who have been designated as eligible for alternative supervision diversion for the first time.(7)(5) Existing law establishes the Juvenile Crime Enforcement and Accountability Challenge Grant Program, and provides that to be eligible for grants under this program, each county shall establish a multiagency juvenile justice coordinating council, as specified, that shall develop and implement a continuum of county-based responses to juvenile crime. This bill would instead provide that each county that receives funding under this program or under the Repeat Offender Prevention Project must establish a multiagency coordinating council. The bill would also declare the Legislature's intent to appropriate $25,000,000 in the Budget Act of 2000 for funding of the program, as specified.(8)(6) This bill would provide that contingent upon a funding allocation of $3,500,000 in the state budget, the California Youth Authority Gang Violence Reduction Project shall be established in Los Angeles, Orange, Alameda, and San Joaquin Counties as specified.(9)(7) This bill would provide that contingent upon an allocation of $3,800,000 in the state budget, theCaliforniaDepartment of the Youth Authority shall establish a Gang Information and Supervision Agent project at each of its 17 parole districts.(10)(8) This bill would provide that contingent upon an allocation of $2,300,000 in the state budget, the Gang Service Project shall be added to each parole unit in the state.(11)(9) This bill would provide that contingent upon an allocation of $15,000,000 in the state budget, theCaliforniaDepartment of the Youth Authority shall administer a bid process for allocation of the funds to local and community agencies that provide gang prevention services in local communities with a high number of commitments to the California Youth Authority.(12)(10) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:SECTION 1. Section 186.26 of the Penal Code is repealed. SEC. 2. Section 186.26 is added to the Penal Code, to read: 186.26. (a) Any person who threatens another person with physical violence on two or more occasions with the intent to coerce, induce, or solicit any person to actively participate in a criminal street gang, as defined in subdivision (f) of Section 186.22, shall be punished by imprisonment in the state prison for one, two, or three years. (b) Any person who uses physical violence to coerce, induce, or solicit another person to actively participate in any criminal street gang, as defined in subdivision (f) of Section 186.22, shall be punished by imprisonment in the state prison for one, two, or three years. (c) Any person who uses physical violence to coerce, induce, solicit, or otherwise prevent another person from leaving any criminal street gang, as defined in subdivision (f) of Section 186.22 shall be punished by imprisonment in the state prison for one, two, or three years. (d) If the person solicited, recruited, coerced, or threatened pursuant to subdivision (a), (b), or (c) is a minor, an additional term of imprisonment of 6, 12, or 18 months shall be imposed in addition and consecutive to the penalty described for a violation of these subdivisions. (e) Nothing in this section shall be construed to limit prosecution under any other provision of law. SEC. 3. Section 186.27 is added to the Penal Code, to read: 186.27. Any person who actively solicits or recruits a minor on the grounds of, or within 1,000 feet of, a public or private elementary, vocational, junior high, or high school when that facility is open for classes, to actively participate in a criminal street gang, as defined in subdivision (f) of Section 186.22 or with the intent that the person solicited or recruited engage in a pattern of criminal gang activity, as defined in subdivision (e) of Section 186.22, or with the intent that the person solicited or recruited promote, further, or assist in any felonious conduct by members of the criminal street gang, shall be punishable by a term of imprisonment in the state prison for one, two, or three years. SEC. 4.SECTION 1. Section 186.29 is added to the Penal Code, to read: 186.29. Contingent upon an appropriation of five million dollars ($5,000,000) in the state budget for this purpose, reasonable expenses for relocation shall be made available to a person who is a victim of a criminal street gang or a witness to a gang crime and is willing to testify in court, if in the judgment of the applicable local law enforcement agency a credible threat of physical harm has been made against the victim or witness, or the immediate family thereof, or where the victim or witness otherwise reasonably fears for his or her safety or the safety of his or her immediate family. Sheriff's departments and local police agencies shall operate the program at the county level and shall seek reimbursement from the state.SEC. 5. Section 625.3 of the Welfare and Institutions Code is amended to read: 625.3. Notwithstanding Section 625, a minor who is 14 years of age or older and who is taken into custody by a peace officer for the personal use or possession of a firearm during the commission or attempted commission of a felony or any offense listed in subdivision (b) of Section 707 shall not be released until that minor is brought before a judicial officer. At the time the minor is brought before a judicial officer, the judicial officer shall assess the minor's mental health status, and shall order the minor to continue to be detained and a mental health evaluation conducted in accordance with Article 3 (commencing with Section 6550) of Chapter 2 of Part 2 of Division 6, if the judicial officer concludes that the minor poses a danger to the safety of himself or herself, or to the public. Any firearm found on the person of a minor subject to this section shall be confiscated. SEC. 6.SEC. 2. Section 654.5 is added to the Welfare and Institutions Code, to read: 654.5. (a) All minors designated as eligible for alternative supervision diversion pursuant to Section 654 or 654.2 shall: (1) Be enrolled and attending an appropriate accredited school program as a condition of program participation. (2) Be placed on a probation officer caseload of no more than 35 assigned cases for at least six months. (3) Be given a social history assessment which includes school evaluations, mental heath assessment, and family background history.(4) Be provided counseling and mental health services, if appropriate.(4) Be provided alcohol and substance abuse services, mental health services, and other types of services, including counseling dealing with school related problems, if appropriate. (b) Subject to appropriation in the state budget, an appropriation ofthirty-five million dollars ($35,000,000)thirty million dollars ($30,000,000) shall be available to local community-based organizationsand mental health agencies to provide services to minors, mental health agencies, and agencies that provide alcohol and substance abuse programs so that they may provide services to minors eligible for alternative supervision diversion pursuant to Section 654 or 654.2. County probation departments shall allocate these funds on a request for proposal basis.SEC. 7.SEC. 3. Section 654.7 is added to the Welfare and Institutions Code, to read: 654.7. (a) Minors who are arrested for committing a misdemeanor offense or attempted commission of a misdemeanor offense and who are eligible for alternative supervision diversion pursuant to Section 654 or 654.2 shall be referred to the local probation departmentor to a local juvenile crime diversion or gang prevention programs under the supervision of the local police or sheriff's department. (b) If the minor is not referred to the local probation department, the local police or sheriff's department will be responsible for referring the minor to the appropriate alternative supervision program and confirming that the minor completes the program requirements. (c)(b) Subject to appropriation in the state budget, the State of California shall make at leastone hundred million dollars ($100,000,000)seventy-five million dollars ($75,000,000) available annually for support of local juvenile crime diversion and gang prevention programs. These funds shall be administered by theDepartmentBoard of Corrections and allocated and distributed through a request for proposal process. A local law enforcement agency shall be the lead applicant.(d)(c) Subject to appropriation in the state budget, the State of California shall make at leastfifty million dollars ($50,000,000)ten million dollars ($10,000,000) available annually for utilization by local school district police departments for the purpose of developing school-based juvenile crime diversion programs. These funds shall be administered by the Department of Corrections and allocated and distributed through a request for proposal process. Eighty percent of the funds shall be allocated for law enforcement personnel costs, and the remainder shall be used for services and support and for computer technology.(e)(d) Subject to appropriation in the state budget, the State of California shall make at leasttwenty million dollars ($20,000,000)twenty-five million dollars ($25,000,000) available annually to support local juvenile crime diversion and gang prevention programs for predelinquent youth. These funds shall be administered by theDepartmentBoard of Corrections and allocated and distributed through a request for proposal process. A local law enforcement agency or probation department shall be the lead applicant. (e) Subject to appropriation in the state budget the State of California shall make at least twenty million dollars ($20,000,000) available annually to probation departments to develop or expand gender specific programs for female offenders. These programs shall include, but shall not be limited to, female juvenile crime diversion programs, female juvenile gang prevention programs, and female juvenile offender camp programs. These funds shall be administered by the Board of Corrections and shall be allocated and distributed through a request for proposal process. The probation department shall be the lead applicant. (f) Subject to appropriation in the state budget, the State of California shall make at least eight million dollars ($8,000,000) available annually for the support of local female juvenile crime diversion and female juvenile gang prevention programs. These funds shall be administered by the Board of Corrections and allocated and distributed through a request for proposal process. A local law enforcement agency or a county probation department shall be the lead applicant. (g) Subject to appropriation in the state budget, the State of California shall make at least six million dollars ($6,000,000) available annually for the Abolish Chronic Truancy (ACT) program. The current program is a partnership of the Los Angeles District Attorney's office and schools in Los Angeles County with its goals to reduce chronic truancy in elementary schools, through parent and child accountability and addressing attendance programs at the earliest possible time before the child's behavior is ingrained and while the parent still exercises control over the child (pre-high school), and long-term reduction of delinquency, adult criminality, and joblessness. (h) Subject to appropriation in the state budget, the State of California shall make at least six million dollars ($6,000,000) available annually to the Communities in Schools (CIS) program. The funds shall be administered by the Board of Corrections.SEC. 8.SEC. 4. Section 743 of the Welfare and Institutions Code is amended to read: 743. Contingent upon the appropriation of two hundred twenty million dollars ($220,000,000) annually, the "Repeat Offender Prevention Project" shall be made available to every county probation department in this state unless the board of supervisors of one or more of these counties adopts a resolution to the effect it will not participate in the project, each of which shall design, establish, implement, and evaluate a model program to meet the needs of a juvenile offender population identified as having the potential to become repeat serious offenders utilizing the findings of exploratory studies conducted in Orange County between 1989 and 1993 by the research staff of the Orange County Probation Department which identified certain minors who were designated as the "8 percent" population. The main goal of this program is to develop and implement a cost-effective multiagency, multidisciplinary program which targets youth displaying behavior that may lead to delinquency and recidivism. Every county probation department that participates in this program shall evaluate the need for including gender specific programs for female juvenile offenders as part of this program.SEC. 9.SEC. 5. Section 746 of the Welfare and Institutions Code is amended to read: 746. A minor shall be selected for participation in a program established pursuant to this article based upon the following factors: (a) The minor is 151/2 years of age or younger, has either been declared a ward of the juvenile court pursuant to Section 601 or 602 for the first time or has been designated as eligible for alternative supervision diversion pursuant to Section 654 or 654.2 for the first time, and is to be supervised by a probation department selected for participation in this project. (b) The minor has been evaluated and found to have at least three of the following factors, that place the minor at a significantly greater risk of becoming a chronic juvenile or adult offender: (1) School behavior and performance problems. This shall include at least one of the following: attendance problems; school suspension or expulsion; or failure in two or more academic classes during the previous six months or comparable academic period. (2) Family problems. These shall include at least one of the following: poor parental supervision or control; documented circumstances of domestic violence; child abuse or neglect; or family members who have engaged in criminal activities. (3) Substance abuse. This shall include any regular use of alcohol or drugs by the minor, other than experimentation. (4) High-risk predelinquent behavior. This shall include at least one of the following: a pattern of stealing; chronic running away from home; or gang membership or association. (5) The minor matches the at-risk profile for becoming a chronic and repeat juvenile offender according to the criteria developed by the Multi-Agency At-Risk Youth Committee (MAARYC).SEC. 10.SEC. 6. Section 749.21 of the Welfare and Institutions Code is amended to read: 749.21. The Juvenile Crime Enforcement and Accountability Challenge Grant Program shall be administered by the Board of Corrections for the purpose of reducing juvenile crime and delinquency. This program shall award grants based on criteria developed by the Board of Corrections and on a competitive basisfollowing request-for-proposal evaluation standards and guidelines developed by the Board of Corrections, as authorized by this article,to counties that (a) develop and implement a comprehensive, multiagency local action plan that provides for a continuum of responses to juvenile crime and delinquency, including collaborative ways to address local problems of juvenile crime; and (b) demonstrate a collaborative and integrated approach for implementing a system of swift, certain, graduated responses, and appropriate sanctions for at-risk youth and juvenile offenders. SEC. 7. Section 749.22 of the Welfare and Institutions Code is amended to read: 749.22. Counties that receive funding pursuant to Section 743 or from the Juvenile Crime Enforcement and Accountability Challenge Grant Program shall establish a multiagency juvenile justice coordinating council that shall develop and implement a continuum of county-based responses to juvenile crime. The coordinating councils shall, at a minimum, include the chief probation officer, as chair, and one representative each from the district attorney's office, the public defender's office, the sheriff's department, the board of supervisors, the department of social services, the department of mental health, a community-based drug and alcohol program, a city police department, the county office of education or a school district, and an at-large community representative. In order to carry out its duties pursuant to this section, a coordinating council shall also include representatives from nonprofit community-based organizations providing services to minors. The board of supervisors shall be informed of community-based organizations participating on a coordinating council. The coordinating councils shall develop a comprehensive, multiagency plan that identifies the resources and strategies for providing an effective continuum of responses for the prevention, intervention, supervision, treatment, and incarceration of male and female juvenile offenders, including strategies to develop and implement locally based or regionally based out-of-home placement options for youths who are persons described in Section 602. Counties may utilize community punishment plans developed pursuant to grants awarded from funds included in the 1995 Budget Act to the extent the plans address juvenile crime and the juvenile justice system or local action plans previously developed for this program. The plan shall include, but not be limited to, the following components: (a) An assessment of existing law enforcement, probation, education, mental health, health, social services, drug and alcohol and youth services resources which specifically target at-risk juveniles, juvenile offenders, and their families. (b) An identification and prioritization of the neighborhoods, schools, and other areas in the community that face a significant public safety risk from juvenile crime, such as gang activity, daylight burglary, late-night robbery, vandalism, truancy, controlled substance sales, firearm-related violence, and juvenile alcohol use within the council's jurisdiction. (c) A local action plan (LAP) for improving and marshaling the resources set forth in subdivision (a) to reduce the incidence of juvenile crime and delinquency in the areas targeted pursuant to subdivision (b) and the greater community. The councils shall prepare their plans to maximize the provision of collaborative and integrated services of all the resources set forth in subdivision (a), and shall provide specified strategies for all elements of response, including prevention, intervention, suppression, and incapacitation, to provide a continuum for addressing the identified male and female juvenile crime problem, and strategies to develop and implement locally based or regionally based out-of-home placement options for youths who are persons described in Section 602. (d) Develop information and intelligence-sharing systems to ensure that county actions are fully coordinated, and to provide data for measuring the success of the grantee in achieving its goals. The plan shall develop goals related to the outcome measures that shall be used to determine the effectiveness of the program. (e) Identify outcome measures which shall include, but not be limited to, the following: (1) The rate of juvenile arrests. (2) The rate of successful completion of probation. (3) The rate of successful completion of restitution and court-ordered community service responsibilities.SEC. 11.SEC. 8. Section 749.27 of the Welfare and Institutions Code is amended to read: 749.27. Funding for the Juvenile Crime Enforcement and Accountability Challenge Grant Program for grant awardsmade before July 1, 1998,shall be provided from the amount appropriated in Item 5430-101-0001 of the Budget Act of19962000 . Up to 5 percent of the amount appropriated in Item 5430-101-0001 of the Budget Act of19962000 shall be transferred upon the approval of the Director of Finance, to Item 5430-001-0001 for expenditure as necessary for the board to administer this program, including technical assistance to counties and the development of an evaluation component. It is the intent of the Legislature to appropriate twenty-five million dollars ($25,000,000) in the Budget Act of 2000 for funding the Juvenile Crime Enforcement and Accountability Challenge Grant Program. Up to 5 percent of the amount appropriated in the Budget Act of 2000 for the Juvenile Crime Enforcement and Accountability Challenge Grant Program shall be transferred, upon the approval of the Director of Finance, to the Board of Corrections, as necessary for the board to administer this program, provide technical assistance to counties, and to develop and monitor the evaluation component of this program. SEC. 9. The Legislature finds and declares the following: (a) TheCaliforniaDepartment of the Youth Authority successfully operated the Gang Violence Reduction Project in the East Los Angeles area for many years. This project received national, state, and local recognition for the innovative and effective impact the project had on gang violence. The two key components attributed to the program's success were that the program was operated and managed by the Youth Authority parole agents who provided essential credibility with other law enforcement agents and the program operated on a dual mission, which was to provide critical intelligence to law enforcement regarding gang activity and mitigate or prevent gang conflicts that lead to violence. Contingent on a funding allocation of three million five hundred thousand dollars ($3,500,000) in the state budget, the California Youth Authority Gang Violence Reduction Project shall be established in four counties throughout the state, Los Angeles, Orange, Alameda, and San Joaquin Counties, to provide eight hundred fifty thousand dollars ($850,000) per project site to include the cost of Youth Authority personnel, equipment, and services. (b) The Department of the Youth Authority currently supervises gang-involved parolees throughout 17 parole offices,; however, these parolees are not consolidated into specified gang caseloads. A Gang Information Supervision Agent position should be established in each parole district throughout the state. The Gang Information Supervision Agent would allow for greater coordination between law enforcement and probation officers for high risk gang involved parolees. Contingent on an allocation of three million eight hundred thousand dollars ($3,800,000) in the state budget, the California Youth Authority shall establish the Gang Information and Supervision Agent project at each of its 17 parole districts. (c) The Department of the Youth Authority currently operates two Gang Service Projects in the state. This program provides additional supervision to gang identified youth as well as providing a designated amount of community service hours. Youth Correctional Counselor positions should be added to each parole unit to provide the additional supervision and establish the community service projects. Contingent on an allocation of two million three hundred thousand dollars ($2,300,000) in the state budget, the Gang Service Project shall be added to each parole unit in the state. (d) The Department of the Youth Authority currently administers the Youth Centers and Youth Shelters Bond Act. The bond act, together with additional appropriations, has allowed the department to distribute approximately fifty million dollars ($50,000,000) in capital improvement costs to build or acquire youth centers and youth shelters throughout California. This has been a major contribution to providing a safe and appropriate place for at-risk youth. However, adequate operating funds for these centers has not been provided. Contingent on an allocation of fifteen million dollars ($15,000,000) in the state budget, the Department of the Youth Authority shall administer a bid process for allocation of these funds to local and community agencies that provide gang prevention services in local communities with a high number of commitments to theCaliforniaDepartment of the Youth Authority.SEC. 12.SEC. 10. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because in that regard this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. However, notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.