BILL NUMBER: AB 1913	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   APRIL 27, 2000
	AMENDED IN ASSEMBLY   APRIL 5, 2000
	AMENDED IN ASSEMBLY   MARCH 23, 2000

INTRODUCED BY   Assembly Members Cardenas,  Cedillo, Correa,
Firebaugh, Havice, Longville, Runner, Vincent, and Wright 
 and Senators Hughes and Murray   Alquist,
Cedillo, Correa, Firebaugh, Gallegos, Honda, Havice, Keeley,
Longville, Reyes, Romero, Runner, Vincent, Washington, Wesson,
Wildman, and Wright and Senators Alarcon, Hughes, Murray, Solis, and
Soto 
   (Coauthor:  Senator Polanco)

                        FEBRUARY 11, 2000

   An act to amend Sections 743, 746, 749.21, 749.22,  749.23,
 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 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, $30,000,000 shall be available to
local community-based organizations, 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
department.
   The bill would also provide that, subject to appropriation in the
State Budget, at least $75,000,000 shall be made available for
support of local juvenile crime diversion and gang prevention
programs, at least $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,  an additional $30,000,000 would be made available for
school-based probation supervision programs,  and at least
$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 to support juvenile ranches and camps for
female juvenile 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.
   (2) 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, make 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.
   (3) 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  
has been evaluated and found to have at least 3 of 5 specified
factors that place the minor at risk of becoming a chronic juvenile
or adult offender.  One of those factors is that the minor matches a
specified profile  .
   This bill would  expand this factor to also include minors
who have been designated as eligible for alternative supervision
diversion for the first time   revise the criteria to
delete that factor  .
   (4) 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.   Existing law requires the Board of
Corrections to award grants that provide funding for 3 years. 
   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 require the Board of Corrections to award grants for a
period of 4, rather than 3 years.  The bill would also declare
the Legislature's intent to appropriate  $25,000,000
  $55,000,000  in the Budget Act of 2000 for
funding of the program, as specified.
   (5) 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.
   (6) This bill would provide that contingent upon an allocation of
$3,800,000 in the State Budget, the Department of the Youth Authority
shall establish a Gang Information and Supervision Agent project at
each of its 17 parole districts.
   (7) 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.
   (8) This bill would provide that contingent upon an allocation of
$15,000,000 in the State Budget, the Department 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
Department of the Youth Authority.
  (9) 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 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 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
of thirty million dollars ($30,000,000) shall be available to local
community-based organizations, 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.   These funds shall be administered by
the Office of Criminal Justice Planning through a request for
proposal process.  A local probation department shall be the lead
applicant and shall distribute approved grant funds to authorized
agencies through a request for proposal process.  
  SEC. 3.  
  SEC. 2.   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 department.
   (b) Subject to appropriation in the State Budget, the State of
California shall make at least 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 the  Board of Corrections  
Office of Criminal Justice Planning  and allocated and
distributed through a request for proposal process.  A local law
enforcement agency shall be the lead applicant.
   (c) Subject to appropriation in the State Budget, the State of
California shall make at least 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
 Board of Corrections   Office of Criminal
Justice Planning  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.
 An additional thirty million dollars ($30,000,000) shall be made
available for school-based probation supervision programs. 
   (d) Subject to appropriation in the State Budget, the State of
California shall make at least 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 the  Board of
Corrections   Office of Criminal Justice Planning 
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  Office of Criminal Justice Planning 
and shall be allocated and distributed through a request for proposal
process.  The probation department shall be the lead applicant.
 Of the twenty million dollars ($20,000,000) appropriated in the
State Budget for the purposes of this subdivision, ten million
dollars ($10,000,000) shall be made available to the Office of
Criminal Justice Planning for the purposes of this subdivision.  The
remaining ten million dollars ($10,000,000) shall be administered by
the Board of Corrections to support juvenile ranches and camps for
female juvenile offenders. 
   (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 
 Office of Criminal Justice Planning  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 
to fund five or six new CIS programs modeled after the CIS program in
the San Fernando Valley area of the County of Los Angeles  .
The funds shall be administered by the  Board of Corrections
  Office of Criminal Justice Planning  .  The
California State University at Northridge shall serve as a technical
adviser with respect to the funding of CIS programs.
  SEC. 3.  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. 4.  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. 5.  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 basis 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. 6.  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. 6.5.  Section 749.23 of the Welfare and Institutions Code is
amended to read: 
   749.23.  The Board of Corrections shall award grants that provide
funding for  three   four  years.  Funding
shall be used to supplement, rather than supplant, existing programs
and grants may be awarded to any county including those counties
currently receiving funds pursuant to this article. Grant funds shall
be used for programs that are identified in the local action plan as
part of a continuum of responses to reduce juvenile crime and
delinquency.  No grant shall be awarded unless the applicant makes
available resources in an amount equal to at least 25 percent of the
amount of the grant.  Resources may include in-kind contributions
from participating agencies.   However, moneys derived from the
General Fund regardless of source, shall not be included in the funds
identified as local matching funds for purposes of qualifying for
the grant.  In awarding grants, priority shall be given to those
proposals which include additional funding that exceeds 25 percent
of the amount of the grant.  In awarding grants, priority shall also
be given to programs in counties where the population exceeds 500,000
and the rate of violent crime exceeds the state average.
  SEC. 7.  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 awards shall be
provided from the amount appropriated in Item 5430-101-0001 of the
Budget Act of 2000.  Up to 5 percent of the amount appropriated in
Item 5430-101-0001 of the Budget Act of 2000 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)   fifty-five
million dollars ($55,000,000)  in the Budget Act of 2000 for
funding the Juvenile Crime Enforcement and Accountability Challenge
Grant Program.  
   Of this amount, up to eleven million one hundred thousand dollars
($11,100,000) shall distributed to the Juvenile Crime Enforcement and
Accountability Challenge Grant Programs funded under the Budget Act
of 1996, up to thirteen million nine hundred thousand dollars
($13,900,000) shall be distributed to the Juvenile Crime Enforcement
and Accountability Challenge Grant Programs funded under the Budget
Act of 1998, and up to thirty million dollars ($30,000,000) shall be
distributed in the form of competitive grants through the Juvenile
Crime Enforcement and Accountability Challenge Grant Program from
funds appropriated in the Budget Act of 2000.  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. 8.  The Legislature finds and declares the following:
   (a) The Department 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
the Department of the Youth Authority.
  SEC. 9.  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.