BILL NUMBER: AB 1913	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   MAY 26, 2000
	AMENDED IN ASSEMBLY   APRIL 27, 2000
	AMENDED IN ASSEMBLY   APRIL 5, 2000
	AMENDED IN ASSEMBLY   MARCH 23, 2000

INTRODUCED BY   Assembly Members Cardenas,  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   Alquist, Calderon, Cedillo, Corbett,
Correa, Davis, Firebaugh, Gallegos, Havice, Honda, Keeley, Kuehl,
Longville, Lowenthal, Maddox, Reyes, Romero, Runner, Shelley,
Strom-Martin, Vincent, Washington, Wesson, Wildman, Wright, and
Zettel   and Senators Alarcon, Burton, Figueroa, Hughes,
Murray, Ortiz, Solis, and Soto 
    (Coauthors:  Assembly Members Aroner, Thomson, and Wiggins)

   (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  
$50,000,000  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   $15,000,000  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 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   $10,000,000
 , remove the 3-year limitation, make the program available to
 every county  probation  department
  departments  in the state  unless the board
of supervisors of the county adopts a specified resolution  ,
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  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 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  $55,000,000 
 $25,000,000  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.  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. 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)   fifty million dollars ($50,000,000)
 available annually for support of local juvenile crime
diversion and gang prevention programs.  These funds shall be
administered by the 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 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) 
 fifteen million dollars ($15,000,000)  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   Ten million dollars ($10,000,000) of
these  funds shall be administered by the Office of Criminal
Justice Planning and allocated and distributed through a request for
proposal process.   Fifteen million dollars ($15,000,000) of
these funds shall be administered by the 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 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 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 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 
, to be administered by the Office of Criminal Justice Planning
Planning  .  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 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)   ten million
dollars ($10,000,000)  annually, the  "Repeat Offender
Prevention Project" shall be made available  to every county
  by the Office of Criminal Justice Planning through the
request for proposal process to a  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 been declared
a ward of the juvenile court pursuant to Section 601 or 602 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.
  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 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 
fifty-five million dollars ($55,000,000)   twenty-five
million dollars ($25,000,000)  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  be  distributed to the Juvenile Crime
Enforcement and Accountability Challenge Grant Programs funded under
the Budget Act of 1996,  and  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.