Amended  IN  Assembly  August 24, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 823

Introduced by Committee on Budget and Fiscal Review

January 10, 2020

An act relating to the Budget Act of 2020. An act to amend, repeal, and add Section 12803 of, to repeal Article 1 (commencing with Section 12820) of Chapter 1 of Part 2.5 of Division 3 of Title 2 of, and to repeal and add Sections 12838 and 12838.1 of, the Government Code, to add Section 13015 to, to repeal Section 830.5 of, and to repeal and add Sections 830.5 and 2816 to, the Penal Code, to amend Sections 207.1, 207.2, 209, 210.2, and 707.1 of, to add Section 736.5 to, to amend and repeal Section 731 of, to amend, repeal, and add Sections 607 and 730 of, to add Section 736.5 to, to add Article 23.5 (commencing with Section 875) to Chapter 2 of Part 2 of Division 2 of, to add Chapter 1.7 (commencing with Section 1990) to Division 2.5 of, to add Chapter 4 (commencing with Section 2200) to, to add Chapter 6 (commencing with Section 2260) to Division 2.5 of, to add and repeal Chapter 5 (commencing with Section 2250) of Division 2.5 of, to repeal Sections 207.6, 2201, and 2202 of, and to repeal and add Sections 208.5, 1703, 1710, 1711, 1712, 1714, 1731.5, 1752.2, and 1762 of, the Welfare and Institutions Code, relating to juveniles, and making an appropriation therefor, to take effect immediately, bill related to the budget.


LEGISLATIVE COUNSEL'S DIGEST


SB 823, as amended, Committee on Budget and Fiscal Review. Budget Act of 2020. Juvenile justice realignment: Office of Youth Justice.
(1) Existing law establishes the Division of Juvenile Justice within the Department of Corrections and Rehabilitation to operate facilities to house specified juvenile offenders. Existing law, commencing July 1, 2020, establishes the Department of Youth and Community Restoration in the California Health and Human Services Agency and vests the Department of Youth and Community Restoration with all the powers, functions, duties, responsibilities, obligations, liabilities, and jurisdiction of the Division of Juvenile Justice. An existing executive order delays the deadline for transferring the Division of Juvenile Justice to the Department of Youth and Community Restoration from July 1, 2020, to July 1, 2021, inclusive.
This bill would repeal the provisions that would have created the Department of Youth and Community Restoration and the provisions that would have transferred the responsibilities of the Division of Juvenile Justice to that department. The bill would, commencing July 1, 2023, prohibit further commitment of wards to the Division of Juvenile Justice and would require that all wards committed to the division prior to that date remain within the custody of the division until December 31, 2023, or until the ward is discharged, released, or transferred, whichever is first. The bill would close the Division of Juvenile Justice on December 31, 2023, and require that all remaining youth be transferred back to the county of jurisdiction by that date.
The bill would, commencing May 1, 2021, establish the Office of Youth Justice in the California Health and Human Services Agency and would establish within the office the Division of Regulation, the Division of Best Practices and Leadership, and the Division of Youth Advocate. The bill would require the Secretary of California Health and Human Services to convene a committee of the California Child Welfare Council to report to the Legislature on how to transfer grant administration, facility oversight, personnel selection and training standards development, and data collection and reporting functions of the Board of State and Community Corrections to the Office of Youth Justice. The bill would also establish the Youth Justice Council to serve as an advisory body to the Office of Youth Justice, as provided.
The bill would, commencing July 1, 2022, allow counties to establish secure youth treatment facilities for wards who have been adjudicated and found to be a ward of the court based on an offense that would have resulted in a commitment to the Division of Juvenile Justice, as provided. The bill would establish a Juvenile Justice Realignment Block Grant program to provide county-based custody, care, and supervision of youth who are realigned from the Division of Juvenile Justice and would have otherwise been eligible for commitment to the division. The bill would appropriate $26,700,000 from the General Fund to the Juvenile Justice Realignment Block Grant Fund for allocation in the 2021–22 fiscal year, $78,900,000 for the 2022–23 fiscal year, $127,950,000 for the 2023–24 fiscal year, and $139,200,000 for the 2024–25 fiscal year and each fiscal year thereafter. The bill would specify how those funds would be allocated to counties based on the county’s share of the state youth population and average total number of wards, as provided.
The bill would establish the Regional Youth Facilities Grant Program, upon appropriation by the Legislature, to award one-time grants, on a competitive basis, to qualified local entities for the purpose of providing resources to establish a regional youth facility for youth that would have been eligible for commitment to the Division of Juvenile Justice, including wards committed to a secure youth treatment facility, as provided.
The bill would establish a Youth and Community Restoration Grant Program to promote, develop, and implement effective local responses and positive outcomes for youth that would have been eligible for commitment to the Division of Juvenile Justice, as provided. The bill would require the grant program to be administered by the Office of Youth Justice.
By changing county responsibilities with respect to juvenile offenders, this bill would impose a state-mandated local program.
(2) Existing law allows the district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a specified serious offense or felony when the minor was 16 years of age or older.
This bill would require a county to pay the Department of Corrections and Rehabilitation the marginal cost of confinement of every individual in that county who is convicted of a crime in a court of criminal jurisdiction and sentenced to state prison when the individual was under 18 years of age. The bill would require the Department of Finance to determine the marginal cost of housing an individual in the department. By shifting financial responsibility to the local governments for the incarceration of these individuals, this bill would create a state-mandated local program.
(3) Existing law grants the court the discretion to sentence a minor who has been convicted in a criminal court to the Department of Corrections and Rehabilitation or to commit the minor to the Division of Juvenile Justice, subject to specified exceptions.
This bill would require that when an individual under 18 years of age is sentenced to state prison on or after July 1, 2023, the individual remain in a county juvenile facility until the individual reaches 18 years of age and can be transferred to state prison. By requiring the counties to house these individuals in county facilities, this bill would impose a state-mandated local program.
(4) Under existing law, the jurisdiction of the juvenile court may continue until a ward attains 25 years of age, if the ward committed specified offenses.
This bill would reduce that age to 23 years, unless the ward would, in criminal court, have faced an aggregate sentence of 7 years or more, in which case the juvenile court’s jurisdiction would continue until the ward attains 25 years of age.
(5) Existing law authorizes a district attorney or other appropriate prosecuting officer to file an accusatory pleading in a court of criminal jurisdiction against a minor who is alleged to have violated a criminal statute or ordinance and who has been declared not a fit and proper subject to be dealt with under the juvenile court law or as to whom charges in a petition in the juvenile court have been transferred to a court of criminal jurisdiction. Existing law requires, except as specified, a minor declared not a fit and proper subject to be dealt with under the juvenile court law, if detained, to remain in the juvenile hall pending final disposition by the criminal court or until the minor attains 18 years of age, whichever occurs first.
Existing law authorizes the detention of minors in jails or other security facilities for the confinement of adults only under specified conditions, including under circumstances upon which a minor is found not a fit and proper subject to be dealt with under the juvenile court law, their case is transferred to a court of criminal jurisdiction, and it is found that, among other things, the minor’s further detention in the juvenile hall would endanger the safety of the public or other minors in the juvenile hall.
This bill would revise and recast those provisions and repeal specified provisions that authorize the detention of minors in an adult facility. The bill would instead require any person whose case originated in juvenile court to remain in a county juvenile facility until they turn 25 years of age, except as specified. The bill would make technical and conforming changes to related provisions.
By requiring local entities to retain custody of those persons in county juvenile facilities, this bill would impose a state-mandated local program.
(6) Existing law requires the Department of Justice to collect certain criminal justice data from specified persons and agencies and to present an annual report to the Governor containing the criminal statistics of the preceding calendar year. Existing law allows the department to serve as a statistical and research agency to the Department of Corrections and Rehabilitation and the Division of Juvenile Justice.
This bill would require the Department of Justice to submit a plan for the replacement of the Juvenile Court and Probation Statistical System with a modern database and reporting system. The bill would require the department to convene a working group consisting of key stakeholders, as provided, for this purpose.
(7) 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.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(8) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2020.

Vote: MAJORITY   Appropriation: NOYES   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 (a) Evidence has demonstrated that justice system-involved youth are more successful when they remain connected to their families and communities. Justice system-involved youth who remain in their communities, and who are not confined in large congregate facilities far from home, have lower recidivism rates and are more prepared for their transition back into the community.
(b) To ensure that justice-involved youth are closer to their families and communities and receive age-appropriate treatment, it is necessary to close the Division of Juvenile Justice and move the jurisdiction of these youth to local county jurisdiction.
(c) Counties will receive funding to meet the needs of youth by providing and implementing public health approaches to support positive youth development, building the capacity of a continuum of community based approaches, and reducing crime by youth.
(d) It is the intent of the Legislature and the administration that the youth firecamp at Pine Grove, whether through a state-local partnership, or other management arrangement, remain open and functioning to train justice-involved youth in wildland firefighting skills, and to retain the camp as a training resource for youth in California and create pipelines from Pine Grove to gainful employment.
(e) It is the intent of the Legislature and the administration for counties to use evidence-based and promising practices and programs that improve the outcomes of youth and public safety, reduce the transfer of youth into the adult criminal justice system, ensure that dispositions are in the least restrictive appropriate environment, reduce and then eliminate racial and ethnic disparities, and reduce the use of confinement in the juvenile justice system by utilizing community-based responses and interventions.
(f) It is the intent of the Legislature to end the practice of placing youth in custodial or confinement facilities that are operated by private entities whose primary business is the custodial confinement of adults or youth in a secure setting. It is further the intent of the Legislature to end placements of justice system-involved youth in out of state facilities that do not appropriately address the programming, service, safety, and other needs of placed youth.

SEC. 2.

 Section 12803 of the Government Code, as amended by Section 1 of Chapter 38 of the Statutes of 2019, is amended to read:

12803.
 (a) The California Health and Human Services Agency consists of the following departments: Aging; Community Services and Development; Developmental Services; Health Care Services; Managed Health Care; Public Health; Rehabilitation; Social Services; and State Hospitals.
(b) The agency also includes the Emergency Medical Services Authority, the Office of Health Information Integrity, the Office of Patient Advocate, the Office of Statewide Health Planning and Development, the Office of Systems Integration, the Office of Law Enforcement Support, the Office of the Surgeon General, and the State Council on Developmental Disabilities.
(c) The Department of Child Support Services is hereby created within the agency and is the single organizational unit designated as the state’s Title IV-D agency with the responsibility for administering the state plan and providing services relating to the establishment of paternity or the establishment, modification, or enforcement of child support obligations as required by Section 654 of Title 42 of the United States Code. State plan functions shall be performed by other agencies as required by law, by delegation of the department, or by cooperative agreements.

(d)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.

(d) This section shall become inoperative on May 1, 2021, and, as of January 1, 2022, is repealed.

SEC. 3.

 Section 12803 of the Government Code, as added by Section 2 of Chapter 38 of the Statutes of 2019, is repealed.
12803.

(a)The California Health and Human Services Agency consists of the California Department of Aging, the Department of Community Services and Development, the State Department of Developmental Services, the State Department of Health Care Services, the Department of Managed Health Care, the State Department of Public Health, the Department of Rehabilitation, the State Department of Social Services, the State Department of State Hospitals, and the Department of Youth and Community Restoration.

(b)The agency also includes the Emergency Medical Services Authority, the Office of Health Information Integrity, the Office of Patient Advocate, the Office of Statewide Health Planning and Development, the Office of Systems Integration, the Office of Law Enforcement Support, the Office of the Surgeon General, and the State Council on Developmental Disabilities.

(c)The agency also includes the Department of Child Support Services, which is the single organizational unit designated as the state’s Title IV-D agency with the responsibility for administering the state plan and providing services relating to the establishment of paternity or the establishment, modification, or enforcement of child support obligations as required by Section 654 of Title 42 of the United States Code. State plan functions shall be performed by other agencies as required by law, by delegation of the department, or by cooperative agreements.

(d)This section shall become operative July 1, 2020.

SEC. 4.

 Section 12803 is added to the Government Code, to read:

12803.
 (a) The California Health and Human Services Agency consists of the following departments: Aging; Community Services and Development; Developmental Services; Health Care Services; Managed Health Care; Public Health; Rehabilitation; Social Services; and State Hospitals.
(b) The agency also includes the Emergency Medical Services Authority, the Office of Health Information Integrity, the Office of Patient Advocate, the Office of Statewide Health Planning and Development, the Office of Systems Integration, the Office of Law Enforcement Support, the Office of the Surgeon General, the Office of Youth Justice, and the State Council on Developmental Disabilities.
(c) The Department of Child Support Services is hereby created within the agency and is the single organizational unit designated as the state’s Title IV-D agency with the responsibility for administering the state plan and providing services relating to the establishment of paternity or the establishment, modification, or enforcement of child support obligations as required by Section 654 of Title 42 of the United States Code. State plan functions shall be performed by other agencies as required by law, by delegation of the department, or by cooperative agreements.
(d) This section shall become operative on May 1, 2021.

SEC. 5.

 Article 1 (commencing with Section 12820) of Chapter 1 of Part 2.5 of Division 3 of Title 2 of the Government Code is repealed.

SEC. 6.

 Section 12838 of the Government Code, as added by Section 22 of Chapter 25 of the Statutes of 2019, is repealed.
12838.

(a)There is hereby created in state government the Department of Corrections and Rehabilitation, to be headed by a secretary, who shall be appointed by the Governor, subject to Senate confirmation, and shall serve at the pleasure of the Governor. The Department of Corrections and Rehabilitation shall consist of Adult Operations, Adult Programs, Health Care Services, the Board of Parole Hearings, the Prison Industry Authority, and the Prison Industry Board.

(b)The Governor, upon recommendation of the secretary, may appoint three undersecretaries of the Department of Corrections and Rehabilitation, subject to Senate confirmation. The undersecretaries shall hold office at the pleasure of the Governor. One undersecretary shall oversee administration, one undersecretary shall oversee health care services, and one undersecretary shall oversee operations for the department.

(c)The Governor, upon recommendation of the secretary, shall appoint a Chief for the Office of Victim Services, and a Chief for the Office of Correctional Safety, both of whom shall serve at the pleasure of the Governor.

(d)This section shall become operative July 1, 2020.

SEC. 7.

 Section 12838 is added to the Government Code, to read:

12838.
 (a) There is hereby created in state government the Department of Corrections and Rehabilitation, to be headed by a secretary, who shall be appointed by the Governor, subject to Senate confirmation, and shall serve at the pleasure of the Governor. The Department of Corrections and Rehabilitation shall consist of Adult Operations, Adult Programs, Health Care Services, Juvenile Justice, the Board of Parole Hearings, the Board of Juvenile Hearings, the State Commission on Juvenile Justice, the Prison Industry Authority, and the Prison Industry Board.
(b) The Governor, upon recommendation of the secretary, may appoint three undersecretaries of the Department of Corrections and Rehabilitation, subject to Senate confirmation. The undersecretaries shall hold office at the pleasure of the Governor. One undersecretary shall oversee administration, one undersecretary shall oversee health care services, and one undersecretary shall oversee operations for the department.
(c) The Governor, upon recommendation of the secretary, shall appoint a Chief for the Office of Victim Services, and a Chief for the Office of Correctional Safety, both of whom shall serve at the pleasure of the Governor.

SEC. 8.

 Section 12838.1 of the Government Code, as added by Section 24 of Chapter 25 of the Statutes of 2019, is repealed.
12838.1.

(a)There is hereby created within the Department of Corrections and Rehabilitation, under the Undersecretary for Administration, the following divisions:

(1)The Division of Enterprise Information Services, the Division of Facility Planning, Construction, and Management, and the Division of Administrative Services. Each division shall be headed by a director, who shall be appointed by the Governor, upon recommendation of the secretary, subject to Senate confirmation, who shall serve at the pleasure of the Governor.

(2)The Division of Correctional Policy Research and Internal Oversight. This division shall be headed by a director, who shall be appointed by the Governor, upon recommendation of the secretary, who shall serve at the pleasure of the Governor.

(b)There is hereby created in the Department of Corrections and Rehabilitation, under the Undersecretary for Health Care Services, the Division of Health Care Operations and the Division of Health Care Policy and Administration. Each division shall be headed by a director, who shall be appointed by the Governor, upon recommendation of the secretary, subject to Senate confirmation, who shall serve at the pleasure of the Governor.

(c)There is hereby created within the Department of Corrections and Rehabilitation, under the Undersecretary for Operations, the Division of Adult Institutions, the Division of Adult Parole Operations, and the Division of Rehabilitative Programs. Each division shall be headed by a director, who shall be appointed by the Governor, upon recommendation of the secretary, subject to Senate confirmation, who shall serve at the pleasure of the Governor.

(d)The Governor shall, upon recommendation of the secretary, appoint four subordinate officers to the Division of Adult Institutions, subject to Senate confirmation, who shall serve at the pleasure of the Governor. Each subordinate officer appointed pursuant to this subdivision shall oversee an identified category of adult institutions, one of which shall be female offender facilities.

(e)(1)Unless the context clearly requires otherwise, whenever the term “Chief Deputy Secretary for Adult Operations” appears in any statute, regulation, or contract, it shall be construed to refer to the Director of the Division of Adult Institutions.

(2)Unless the context clearly requires otherwise, whenever the term “Chief Deputy Secretary for Adult Programs” appears in any statute, regulation, or contract, it shall be construed to refer to the Director of the Division of Rehabilitative Programs.

(3)Unless the context clearly requires otherwise, whenever the term “Chief Deputy Secretary for Juvenile Justice” appears in any statute, regulation, or contract, it shall be construed to refer to the Department of Youth and Community Restoration.

(f)This section shall become operative July 1, 2020.

SEC. 9.

 Section 12838.1 is added to the Government Code, to read:

12838.1.
 (a) There is hereby created within the Department of Corrections and Rehabilitation, under the Undersecretary for Administration, the following divisions:
(1) The Division of Enterprise Information Services, the Division of Facility Planning, Construction, and Management, and the Division of Administrative Services. Each division shall be headed by a director, who shall be appointed by the Governor, upon recommendation of the secretary, subject to Senate confirmation, who shall serve at the pleasure of the Governor.
(2) The Division of Correctional Policy Research and Internal Oversight. This division shall be headed by a director, who shall be appointed by the Governor, upon recommendation of the secretary, who shall serve at the pleasure of the Governor.
(b) There is hereby created in the Department of Corrections and Rehabilitation, under the Undersecretary for Health Care Services, the Division of Health Care Operations and the Division of Health Care Policy and Administration. Each division shall be headed by a director, who shall be appointed by the Governor, upon recommendation of the secretary, subject to Senate confirmation, who shall serve at the pleasure of the Governor.
(c) There is hereby created within the Department of Corrections and Rehabilitation, under the Undersecretary for Operations, the Division of Adult Institutions, the Division of Adult Parole Operations, the Division of Juvenile Justice, and the Division of Rehabilitative Programs. Each division shall be headed by a director, who shall be appointed by the Governor, upon recommendation of the secretary, subject to Senate confirmation, who shall serve at the pleasure of the Governor.
(d) The Governor shall, upon recommendation of the secretary, appoint four subordinate officers to the Division of Adult Institutions, subject to Senate confirmation, who shall serve at the pleasure of the Governor. Each subordinate officer appointed pursuant to this subdivision shall oversee an identified category of adult institutions, one of which shall be female offender facilities.
(e) (1) Unless the context clearly requires otherwise, whenever the term “Chief Deputy Secretary for Adult Operations” appears in any statute, regulation, or contract, it shall be construed to refer to the Director of the Division of Adult Institutions.
(2) Unless the context clearly requires otherwise, whenever the term “Chief Deputy Secretary for Adult Programs” appears in any statute, regulation, or contract, it shall be construed to refer to the Director of the Division of Rehabilitative Programs.
(3) Unless the context clearly requires otherwise, whenever the term “Chief Deputy Secretary for Juvenile Justice” appears in any statute, regulation, or contract, it shall be construed to refer to the Director of the Division of Juvenile Justice.

SEC. 10.

 Section 830.5 of the Penal Code, as added by Section 31 of Chapter 25 of the Statutes of 2019, is repealed.
830.5.

The following persons are peace officers whose authority extends to any place in the state while engaged in the performance of the duties of their respective employment and for the purpose of carrying out the primary function of their employment or as required under Sections 8597, 8598, and 8617 of the Government Code. Except as specified in this section, these peace officers may carry firearms only if authorized and under those terms and conditions specified by their employing agency:

(a)A parole officer of the Department of Corrections and Rehabilitation, probation officer, or deputy probation officer. Except as otherwise provided in this subdivision, the authority of these parole or probation officers shall extend only as follows:

(1)To conditions of parole, probation, mandatory supervision, or postrelease community supervision by any person in this state on parole, probation, mandatory supervision, or postrelease community supervision.

(2)To the escape of any inmate or ward from a state or local institution.

(3)To the transportation of persons on parole, probation, mandatory supervision, or postrelease community supervision.

(4)To violations of any penal provisions of law which are discovered while performing the usual or authorized duties of the officer’s employment.

(5)(A)To the rendering of mutual aid to any other law enforcement agency.

(B)For the purposes of this subdivision, “parole agent” shall have the same meaning as parole officer of the Department of Corrections and Rehabilitation.

(C)Any parole officer of the Department of Corrections and Rehabilitation is authorized to carry firearms, but only as determined by the director on a case-by-case or unit-by-unit basis and only under those terms and conditions specified by the director or chairperson.

(b)A correctional officer employed by the Department of Corrections and Rehabilitation or any employee of the Department of Corrections and Rehabilitation designated by the secretary or any correctional counselor series employee of the Department of Corrections and Rehabilitation or any medical technical assistant series employee designated by the secretary or designated by the secretary and employed by the State Department of State Hospitals or any employee of the Board of Parole Hearings designated by the secretary or any superintendent, supervisor, or employee having custodial responsibilities in an institution operated by a probation department, or any transportation officer of a probation department.

(c)The following persons may carry a firearm while not on duty: a parole officer of the Department of Corrections and Rehabilitation, a correctional officer or correctional counselor employed by the Department of Corrections and Rehabilitation, any employee of the Department of Corrections and Rehabilitation designated by the secretary or any medical technical assistant series employee designated by the secretary or designated by the secretary and employed by the State Department of State Hospitals. This section does not require licensure pursuant to Section 25400. The secretary or chairperson may deny, suspend, or revoke for good cause a person’s right to carry a firearm under this subdivision. That person shall, upon request, receive a hearing, as provided for in the negotiated grievance procedure between the exclusive employee representative and the Department of Corrections and Rehabilitation, to review the secretary’s or the chairperson’s decision.

(d)Persons permitted to carry firearms pursuant to this section, either on or off duty, shall meet the training requirements of Section 832 and shall qualify with the firearm at least quarterly. It is the responsibility of the individual officer or designee to maintain their eligibility to carry concealable firearms off duty. Failure to maintain quarterly qualifications by an officer or designee with any concealable firearms carried off duty shall constitute good cause to suspend or revoke that person’s right to carry firearms off duty.

(e)The Department of Corrections and Rehabilitation shall allow reasonable access to its ranges for officers and designees of either department to qualify to carry concealable firearms off duty. The time spent on the range for purposes of meeting the qualification requirements shall be the person’s own time during the person’s off-duty hours.

(f)The secretary shall promulgate regulations consistent with this section.

(g)This section shall become operative July 1, 2020.

SEC. 11.

 Section 830.5 is added to the Penal Code, to read:

830.5.
 The following persons are peace officers whose authority extends to any place in the state while engaged in the performance of the duties of their respective employment and for the purpose of carrying out the primary function of their employment or as required under Sections 8597, 8598, and 8617 of the Government Code. Except as specified in this section, these peace officers may carry firearms only if authorized and under those terms and conditions specified by their employing agency:
(a) A parole officer of the Department of Corrections and Rehabilitation, or the Department of Corrections and Rehabilitation, Division of Juvenile Parole Operations, probation officer, deputy probation officer, or a board coordinating parole agent employed by the Juvenile Parole Board. Except as otherwise provided in this subdivision, the authority of these parole or probation officers shall extend only as follows:
(1) To conditions of parole, probation, mandatory supervision, or postrelease community supervision by any person in this state on parole, probation, mandatory supervision, or postrelease community supervision.
(2) To the escape of any inmate or ward from a state or local institution.
(3) To the transportation of persons on parole, probation, mandatory supervision, or postrelease community supervision.
(4) To violations of any penal provisions of law which are discovered while performing the usual or authorized duties of the officer’s employment.
(5) (A) To the rendering of mutual aid to any other law enforcement agency.
(B) For the purposes of this subdivision, “parole agent” shall have the same meaning as parole officer of the Department of Corrections and Rehabilitation or of the Department of Corrections and Rehabilitation, Division of Juvenile Justice.
(C) Any parole officer of the Department of Corrections and Rehabilitation, or the Department of Corrections and Rehabilitation, Division of Juvenile Parole Operations, is authorized to carry firearms, but only as determined by the director on a case-by-case or unit-by-unit basis and only under those terms and conditions specified by the director or chairperson. The Department of Corrections and Rehabilitation, Division of Juvenile Justice, shall develop a policy for arming peace officers of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, who comprise “high-risk transportation details” or “high-risk escape details” no later than June 30, 1995. This policy shall be implemented no later than December 31, 1995.
(D) The Department of Corrections and Rehabilitation, Division of Juvenile Justice, shall train and arm those peace officers who comprise tactical teams at each facility for use during “high-risk escape details.”
(b) A correctional officer employed by the Department of Corrections and Rehabilitation, or of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, having custody of wards or any employee of the Department of Corrections and Rehabilitation designated by the secretary or any correctional counselor series employee of the Department of Corrections and Rehabilitation or any medical technical assistant series employee designated by the secretary or designated by the secretary and employed by the State Department of State Hospitals or any employee of the Board of Parole Hearings designated by the secretary or employee of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, designated by the secretary or any superintendent, supervisor, or employee having custodial responsibilities in an institution operated by a probation department, or any transportation officer of a probation department.
(c) The following persons may carry a firearm while not on duty: a parole officer of the Department of Corrections and Rehabilitation, or the Department of Corrections and Rehabilitation, Division of Juvenile Justice, a correctional officer or correctional counselor employed by the Department of Corrections and Rehabilitation, or an employee of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, having custody of wards or any employee of the Department of Corrections and Rehabilitation designated by the secretary or any medical technical assistant series employee designated by the secretary or designated by the secretary and employed by the State Department of State Hospitals. A parole officer of the Juvenile Parole Board may carry a firearm while not on duty only when so authorized by the chairperson of the board and only under the terms and conditions specified by the chairperson. Nothing in this section shall be interpreted to require licensure pursuant to Section 25400. The director or chairperson may deny, suspend, or revoke for good cause a person’s right to carry a firearm under this subdivision. That person shall, upon request, receive a hearing, as provided for in the negotiated grievance procedure between the exclusive employee representative and the Department of Corrections and Rehabilitation, Division of Juvenile Justice, or the Juvenile Parole Board, to review the director’s or the chairperson’s decision.
(d) Persons permitted to carry firearms pursuant to this section, either on or off duty, shall meet the training requirements of Section 832 and shall qualify with the firearm at least quarterly. It is the responsibility of the individual officer or designee to maintain their eligibility to carry concealable firearms off duty. Failure to maintain quarterly qualifications by an officer or designee with any concealable firearms carried off duty shall constitute good cause to suspend or revoke that person’s right to carry firearms off duty.
(e) The Department of Corrections and Rehabilitation shall allow reasonable access to its ranges for officers and designees of either department to qualify to carry concealable firearms off duty. The time spent on the range for purposes of meeting the qualification requirements shall be the person’s own time during the person’s off-duty hours.
(f) The secretary shall promulgate regulations consistent with this section.
(g) “High-risk transportation details” and “high-risk escape details” as used in this section shall be determined by the secretary, or the secretary’s designee. The secretary, or the secretary’s designee, shall consider at least the following in determining “high-risk transportation details” and “high-risk escape details”: protection of the public, protection of officers, flight risk, and violence potential of the wards.
(h) “Transportation detail” as used in this section shall include transportation of wards outside the facility, including, but not limited to, court appearances, medical trips, and interfacility transfers.

SEC. 12.

 Section 830.53 of the Penal Code is repealed.
830.53.

(a)A youth correctional officer employed by the Department of Youth and Community Restoration, having custody of individuals subject to its jurisdiction, a youth correctional counselor series employee of the Department of Youth and Community Restoration, an employee of the Department of Youth and Community Restoration designated by the director, an employee of the Board of Juvenile Hearings designated by the director, and any superintendent, supervisor, or employee having custodial responsibilities in an institution or camp operated by the Department of Youth and Community Restoration is a peace officer whose authority extends to any place in the state while engaged in the performance of the duties of their respective employment and for the purpose of carrying out the primary function of their employment or as required under Sections 8597, 8598, and 8617 of the Government Code.

(b)A correctional officer or correctional counselor employed by the Department of Youth and Community Restoration or an employee of the department having custody of wards may carry a firearm while not on duty. This section does not require licensure pursuant to Section 25400. The director may deny, suspend, or revoke for good cause a person’s right to carry a firearm under this subdivision. That person shall, upon request, receive a hearing, as provided for in the negotiated grievance procedure between the exclusive employee representative and the Department of Youth and Community Restoration or the Board of Juvenile Hearings, to review the director’s or chairperson’s decision.

(c)The Department of Youth and Community Restoration shall develop and implement a policy for arming peace officers of the department who comprise “high-risk transportation details” or “high-risk escape details” no later than December 31, 2020.

(d)The Department of Youth and Community Restoration shall train and arm those peace officers who comprise tactical teams at each facility for use during “high-risk escape details.”

(e)Persons permitted to carry firearms pursuant to this section, either on or off duty, shall meet the training requirements of Section 832 and shall qualify with the firearm at least quarterly. It is the responsibility of the individual officer or designee to maintain their eligibility to carry concealable firearms off duty. Failure to maintain quarterly qualifications by an officer or designee with any concealable firearms carried off duty shall constitute good cause to suspend or revoke that person’s right to carry firearms off duty.

(f)The director shall promulgate regulations consistent with this section.

(g)“High-risk transportation details” and “high-risk escape details” as used in this section shall be determined by the Director of the Department of Youth and Community Restoration, or the director’s designee. The director, or the director’s designee, shall consider at least the protection of the public, protection of officers, flight risk, and violence potential of wards in determining “high-risk transportation details” and “high-risk escape details.”

(h)“Transportation detail” as used in this section includes transportation of wards outside of the facility, including, but not limited to, court appearances, medical trips, and interfacility transfers.

(i)This section shall become operative July 1, 2020.

SEC. 13.

 Section 2816 of the Penal Code, as added by Section 40 of Chapter 25 of the Statutes of 2019, is repealed.
2816.

(a)With the approval of the Department of Finance, there shall be transferred to, or deposited in, the Prison Industries Revolving Fund for purposes authorized by this section, money appropriated from any source including sources other than state appropriations.

(b)Notwithstanding subdivision (i) of Section 2808, the Secretary of the Department of Corrections and Rehabilitation may order any authorized public works project involving the construction, renovation, or repair of prison facilities to be performed by inmate labor, and the Director of the Department of Youth and Community Restoration may request the Department of Corrections and Rehabilitation to order any authorized public work involving the construction, renovation, or repair of juvenile justice facilities to be performed by ward labor, when the total expenditure does not exceed the project limit established by the first paragraph of Section 10108 of the Public Contract Code. Projects entailing expenditure of greater than the project limit established by the first paragraph of Section 10108 of the Public Contract Code shall be reviewed and approved by the chairperson, in consultation with the board.

(c)Money so transferred or deposited shall be available for expenditure by the department for the purposes for which appropriated, contributed, or made available, without regard to fiscal years and irrespective of the provisions of Sections 13340 and 16304 of the Government Code. Money transferred or deposited pursuant to this section shall be used only for purposes authorized in this section.

(d)This section shall become operative July 1, 2020.

SEC. 14.

 Section 2816 is added to the Penal Code, to read:

2816.
 (a) With the approval of the Department of Finance, there shall be transferred to, or deposited in, the Prison Industries Revolving Fund for purposes authorized by this section, money appropriated from any source including sources other than state appropriations.
(b) Notwithstanding subdivision (i) of Section 2808, the Secretary of the Department of Corrections and Rehabilitation may order any authorized public works project involving the construction, renovation, or repair of prison facilities to be performed by inmate labor or juvenile justice facilities to be performed by ward labor, when the total expenditure does not exceed the project limit established by the first paragraph of Section 10108 of the Public Contract Code. Projects entailing expenditure of greater than the project limit established by the first paragraph of Section 10108 of the Public Contract Code shall be reviewed and approved by the chairperson, in consultation with the board.
(c) Money so transferred or deposited shall be available for expenditure by the department for the purposes for which appropriated, contributed, or made available, without regard to fiscal years and irrespective of the provisions of Sections 13340 and 16304 of the Government Code. Money transferred or deposited pursuant to this section shall be used only for purposes authorized in this section.

SEC. 15.

 Section 13015 is added to the Penal Code, to read:

13015.
 (a) The Department of Justice shall submit a plan for the replacement of the Juvenile Court and Probation Statistical System (JCPSS) with a modern database and reporting system. The plan shall be submitted to the Assembly and Senate budget subcommittees on public safety, and the Assembly and Senate Public Safety Committees by January 1, 2022.
(b) In devising the plan, the department shall convene a working group consisting of key stakeholders and experts, including, but not limited to, representatives from the Juvenile Justice Data Working Group established within the Board of State and Community Corrections pursuant to Section 6032, agencies that are responsible for the collection and submission of juvenile justice data to department, advocates with experience in the collection, analysis, and utilization of juvenile justice data in California, academic institutions or research organizations with experience in collecting, analyzing, or using juvenile justice data in California, and people directly impacted by the justice system.
(c) The plan shall consider the relevant findings and recommendations submitted by the Juvenile Justice Data Working Group in their January 2016 final report. The plan shall, at minimum, include the following:
(1) An overall description of the goals of the new data system.
(2) A description of all data elements proposed to be captured by the new system, including, but not limited to all of the following:
(A) All data elements currently capture by JCPSS.
(B) Individual unique identifiers.
(C) Outcome measures, including those needed to produce, at minimum, recidivism reports for youth having multiple processing and dispositional events, organized by age, gender identity, race, ethnicity, and other demographic factors.
(D) Outcome measures, including those needed to document caseload and placement changes due to the realignment of the state Division of Juvenile Justice to counties.
(E) Documentation of subsequent referrals to the justice system for violations of probation and warrants, organized by dispositional events as well as by age, gender identity, race, ethnicity, and other demographic factors.
(F) The usage of preadjudication detention alternatives, such as electronic monitoring, house arrest, or home supervision, as well as outcome measures associated with these alternatives.
(G) The usage of preadjudication secure detention including length of stay.
(H) Dispositional outcomes resulting in noncustodial probation wardship status, including probation conditions associated with wardship status, length of time on wardship probation, and reason for probation termination.
(I) Dispositional placement outcomes by facility type, length of stay in facilities, and distinction between youth detained on electronic monitoring and youth confined in secure county facilities. “Facility type” includes juvenile halls, group homes, foster care, county camp or ranch, and local facilities developed as an alternative to Division of Juvenile Justice facilities.
(3) An analysis of what features must be included to allow users to access and analyze data easily through standard reports as well as customized reports.
(4) An analysis of how these data can be made publicly available on the department’s internet website.
(5) An analysis of how all existing JCPSS data will be transferred into the new system.
(6) A discussion of how the new system can be designed to ensure that it may be modified in the future to reflect relevant changes to the juvenile justice system.
(7) An analysis of how this new system may impact state and local agencies that provide the department with data for inclusion in JCPSS, including an assessment of how state and local data systems may need to be modified to ensure that comprehensive and high-quality data is collected and transmitted to the department.
(8) Major challenges or obstacles, if any, to implementing a new system and recommendations for addressing those challenges.
(9) Recommendations for implementing and funding a new system. These recommendations may include, but are not limited to, a phased implementation approach, providing various options based on a system with differing data capabilities, or providing funding recommendations based on specific system components.
(10) A projected implementation timeline for each recommended implementation approach.
(d) The plan shall also include an assessment of the operational and fiscal feasibility of including all of the following capacities in the new system:
(1) Adult court dispositions of youth.
(2) Probation supervision metrics, including but not limited to, time spent on probation supervision and reasons for release from probation.
(3) Referrals to probation initiated on school campuses.
(4) Indicators of prior child welfare involvement or dually involved status.
(5) Youth development and wellness data including, but not limited to, education attainment, employment, mental health, housing, family connections, foster care, and other wellness outcomes as recommended by the Juvenile Justice Data Working Group in their January 2016 final report.

SEC. 16.

 Section 207.1 of the Welfare and Institutions Code is amended to read:

207.1.
 (a) A court, judge, referee, peace officer, or employee of a detention facility shall not knowingly detain any minor in a jail or lockup, except as provided in subdivision (b) or (d). unless otherwise permitted by any other law.

(b)Any minor who is alleged to have committed an offense described in subdivision (b), paragraph (2) of subdivision (d), or subdivision (e) of Section 707 whose case is transferred to a court of criminal jurisdiction pursuant to Section 707.1 after a finding is made that the minor is not a fit and proper subject to be dealt with under the juvenile court law, or any minor who has been charged directly in or transferred to a court of criminal jurisdiction pursuant to Section 707.01, may be detained in a jail or other secure facility for the confinement of adults if all of the following conditions are met:

(1)The juvenile court or the court of criminal jurisdiction makes a finding that the minor’s further detention in the juvenile hall would endanger the safety of the public or would be detrimental to the other minors in the juvenile hall.

(2)Contact between the minor and adults in the facility is restricted in accordance with Section 208.

(3)The minor is adequately supervised.

(c)A minor who is either found not to be a fit and proper subject to be dealt with under the juvenile court law or who will be transferred to a court of criminal jurisdiction pursuant to Section 707.01, at the time of transfer to a court of criminal jurisdiction or at the conclusion of the fitness hearing, as the case may be, shall be entitled to be released on bail or on the minor’s own recognizance upon the same circumstances, terms, and conditions as an adult who is alleged to have committed the same offense.

(d)

(b) (1) A minor 14 years of age or older who is taken into temporary custody by a peace officer on the basis of being a person described by Section 602, and who, in the reasonable belief of the peace officer, presents a serious security risk of harm to self or others, may be securely detained in a law enforcement facility that contains a lockup for adults, if all of the following conditions are met:
(A) The minor is held in temporary custody for the purpose of investigating the case, facilitating release of the minor to a parent or guardian, or arranging transfer of the minor to an appropriate juvenile facility.
(B) The minor is detained in the law enforcement facility for a period that does not exceed six hours except as provided in subdivision (f). (d).
(C) The minor is informed at the time the minor is securely detained of the purpose of the secure detention, of the length of time the secure detention is expected to last, and of the maximum six-hour period the secure detention is authorized to last. In the event an extension is granted pursuant to subdivision (f), (d), the minor shall be informed of the length of time the extension is expected to last.
(D) Contact between the minor and adults confined in the facility is restricted in accordance with Section 208.
(E) The minor is adequately supervised.
(F) A log or other written record is maintained by the law enforcement agency showing the offense that is the basis for the secure detention of the minor in the facility, the reasons and circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the minor was securely detained.
(2) Any other minor, other than a minor to which paragraph (1) applies, who is taken into temporary custody by a peace officer on the basis that the minor is a person described by Section 602 may be taken to a law enforcement facility that contains a lockup for adults and may be held in temporary custody in the facility for the purposes of investigating the case, facilitating the release of the minor to a parent or guardian, or arranging for the transfer of the minor to an appropriate juvenile facility. While in the law enforcement facility, the minor may not be securely detained and shall be supervised in a manner so as to ensure that there will be no contact with adults in custody in the facility. If the minor is held in temporary, nonsecure custody within the facility, the peace officer shall exercise one of the dispositional options authorized by Sections 626 and 626.5 without unnecessary delay and, in every case, within six hours.
(3) “Law enforcement facility,” as used in this subdivision, includes a police station or a sheriff’s station, but does not include a jail, as defined in subdivision (i). (g).

(e)

(c) The Board of State and Community Corrections shall assist law enforcement agencies, probation departments, and courts with the implementation of this section by doing all of the following:
(1) The board shall advise each law enforcement agency, probation department, and court affected by this section as to its existence and effect.
(2) The board shall make available and, upon request, shall provide, technical assistance to each governmental agency that reported the confinement of a minor in a jail or lockup in calendar year 1984 or 1985. The purpose of this technical assistance is to develop alternatives to the use of jails or lockups for the confinement of minors. These alternatives may include secure or nonsecure facilities located apart from an existing jail or lockup, improved transportation or access to juvenile halls or other juvenile facilities, and other programmatic alternatives recommended by the board. The technical assistance shall take any form the board deems appropriate for effective compliance with this section.

(f)

(d) (1) (A) Under the limited conditions of inclement weather, acts of God, or natural disasters that result in the temporary unavailability of transportation, an extension of the six-hour maximum period of detention set forth in paragraph (2) of subdivision (d)(b) may be granted to a county by the Board of Corrections. The extension may be granted only by the board, on an individual, case-by-case basis. If the extension is granted, the detention of minors under those conditions shall not exceed the duration of the special conditions, plus a period reasonably necessary to accomplish transportation of the minor to a suitable juvenile facility, not to exceed six hours after the restoration of available transportation.
(B) A county that receives an extension under this paragraph shall comply with the requirements set forth in subdivision (d). (b). The county also shall provide a written report to the board that specifies when the inclement weather, act of God, or natural disaster ceased to exist, when transportation availability was restored, and when the minor was delivered to a suitable juvenile facility. If the minor was detained in excess of 24 hours, the board shall verify the information contained in the report.
(2) Under the limited condition of temporary unavailability of transportation, an extension of the six-hour maximum period of detention set forth in paragraph (2) of subdivision (d)(b) may be granted by the board to an offshore law enforcement facility. The extension may be granted only by the board, on an individual, case-by-case basis. If the extension is granted, the detention of minors under those conditions shall extend only until the next available mode of transportation can be arranged.
An offshore law enforcement facility that receives an extension under this paragraph shall comply with the requirements set forth in subdivision (d). (b). The facility also shall provide a written report to the board that specifies when the next mode of transportation became available, and when the minor was delivered to a suitable juvenile facility. If the minor was detained in excess of 24 hours, the board shall verify the information contained in the report.
(3) At least annually, the board shall review and report on extensions sought and granted under this subdivision. If, upon that review, the board determines that a county has sought one or more extensions resulting in the excessive confinement of minors in adult facilities, or that a county is engaged in a pattern and practice of seeking extensions, it shall require the county to submit a detailed explanation of the reasons for the extensions sought and an assessment of the need for a conveniently located and suitable juvenile facility. Upon receiving this information, the board shall make available, and the county shall accept, technical assistance for the purpose of developing suitable alternatives to the confinement of minors in adult lockups.

(g)

(e) Any county that did not have a juvenile hall on January 1, 1987, may establish a special purpose juvenile hall, as defined by the Board of Corrections, for the detention of minors for a period not to exceed 96 hours. Any county that had a juvenile hall on January 1, 1987, also may establish, in addition to the juvenile hall, a special purpose juvenile hall. The board shall prescribe minimum standards for that type of facility.

(h)

(f) No part of a building or a building complex that contains a jail may be converted or utilized as a secure juvenile facility unless all of the following criteria are met:
(1) The juvenile facility is physically, or architecturally, separate and apart from the jail or lockup such that there could be no contact between juveniles and incarcerated adults.
(2) Sharing of nonresidential program areas only occurs where there are written policies and procedures that assure that there is time-phased use of those areas that prevents contact between juveniles and incarcerated adults.
(3) The juvenile facility has a dedicated and separate staff from the jail or lockup, including management, security, and direct care staff. Staff who provide specialized services such as food, laundry, maintenance, engineering, or medical services, who are not normally in contact with detainees, or whose infrequent contacts occur under conditions of separation of juveniles and adults, may serve both populations.
(4) The juvenile facility complies with all applicable state and local statutory, licensing, and regulatory requirements for juvenile facilities of its type.

(i)

(g) (1) “Jail,” as used in this chapter, means a locked facility administered by a law enforcement or governmental agency, the purpose of which is to detain adults who have been charged with violations of criminal law and are pending trial, or to hold convicted adult criminal offenders sentenced for less than one year.
(2) “Lockup,” as used in this chapter, means any locked room or secure enclosure under the control of a sheriff or other peace officer that is primarily for the temporary confinement of adults upon arrest.
(3) “Offshore law enforcement facility,” as used in this section, means a sheriff’s station containing a lockup for adults that is located on an island located at least 22 miles from the California coastline.

(j)

(h) This section shall not be deemed to prevent a peace officer or employee of an adult detention facility or jail from escorting a minor into the detention facility or jail for the purpose of administering an evaluation, test, or chemical test pursuant to Section 23157 of the Vehicle Code, if all of the following conditions are met:
(1) The minor is taken into custody by a peace officer on the basis of being a person described by Section 602 and there is no equipment for the administration of the evaluation, test, or chemical test located at a juvenile facility within a reasonable distance of the point where the minor was taken into custody.
(2) The minor is not locked in a cell or room within the adult detention facility or jail, is under the continuous, personal supervision of a peace officer or employee of the detention facility or jail, and is not permitted to come in contact or remain in contact with in-custody adults.
(3) The evaluation, test, or chemical test administered pursuant to Section 23157 of the Vehicle Code is performed as expeditiously as possible, so that the minor is not delayed unnecessarily within the adult detention facility or jail. Upon completion of the evaluation, test, or chemical test, the minor shall be removed from the detention facility or jail as soon as reasonably possible. A minor shall not be held in custody in an adult detention facility or jail under the authority of this paragraph in excess of two hours.

SEC. 17.

 Section 207.2 of the Welfare and Institutions Code is amended to read:

207.2.
 A minor who is held in temporary custody in a law enforcement facility that contains a lockup for adults pursuant to subdivision (d) (b) of Section 207.1 may be released to a parent, guardian, or responsible relative by the law enforcement agency operating the facility, or may at the discretion of the law enforcement agency be released into his or her their own custody, provided that a minor released into his or her their own custody is furnished, upon request, with transportation to his or her their home or to the place where the minor was taken into custody.

SEC. 18.

 Section 207.6 of the Welfare and Institutions Code is repealed.
207.6.

A minor may be detained in a jail or other secure facility for the confinement of adults pursuant to subdivision (b) of Section 207.1 or paragraph (1) of subdivision (b) of Section 707.1 only if the court makes its findings on the record and, in addition, finds that the minor poses a danger to the staff, other minors in the juvenile facility, or to the public because of the minor’s failure to respond to the disciplinary control of the juvenile facility, or because the nature of the danger posed by the minor cannot safely be managed by the disciplinary procedures of the juvenile facility.

SEC. 19.

 Section 208.5 of the Welfare and Institutions Code is repealed.
208.5.

(a)Notwithstanding any other law, in any case in which a minor who is detained in or committed to a county institution established for the purpose of housing juveniles attains 18 years of age prior to or during the period of detention or confinement he or she may be allowed to come or remain in contact with those juveniles until 19 years of age, at which time he or she, upon the recommendation of the probation officer, shall be delivered to the custody of the sheriff for the remainder of the time he or she remains in custody, unless the juvenile court orders continued detention in a juvenile facility. If continued detention is ordered for a ward under the jurisdiction of the juvenile court who is 19 years of age or older but under 21 years of age, the detained person may be allowed to come into or remain in contact with any other person detained in the institution subject to the requirements of subdivision (b). The person shall be advised of his or her ability to petition the court for continued detention in a juvenile facility at the time of his or her attainment of 19 years of age. Notwithstanding any other law, the sheriff may allow the person to come into and remain in contact with other adults in the county jail or in any other county correctional facility in which he or she is housed.

(b)The county shall apply to the Corrections Standards Authority for approval of a county institution established for the purpose of housing juveniles as a suitable place for confinement before the institution is used for the detention or commitment of an individual under the jurisdiction of the juvenile court who is 19 years of age or older but under 21 years of age where the detained person will come into or remain in contact with persons under 18 years of age who are detained in the institution. The authority shall review and approve or deny the application of the county within 30 days of receiving notice of this proposed use. In its review, the authority shall take into account the available programming, capacity, and safety of the institution as a place for the combined confinement and rehabilitation of individuals under the jurisdiction of the juvenile court who are over 19 years of age and those who are under 19 years of age.

SEC. 20.

 Section 208.5 is added to the Welfare and Institutions Code, to read:

208.5.
 (a) Notwithstanding any other law, any person whose case originated in juvenile court shall remain, if the person is held in secure detention, in a county juvenile facility until the person attains 25 years of age, except as provided in subdivisions (b) and (c) of this section and paragraph (4) of subdivision (a) of Section 731. This section is not intended to authorize confinement in a juvenile facility where authority would not otherwise exist.
(b) The probation department may petition the court to house a person who is 19 years of age or older in an adult facility, including a jail or other facility established for the purpose of confinement of adults.
(c) Upon receipt of a petition to house a person who is 19 years of age or older in an adult facility, the court shall hold a hearing. There shall be a rebuttable presumption that the person will be retained in a juvenile facility. At the hearing, the court shall determine whether the person will be moved to an adult facility, and make written findings of its decision based on the totality of the following criteria:
(1) The impact of being held in an adult facility on the physical and mental health and well-being of the person.
(2) The benefits of continued programming at the juvenile facility and whether required education and other services called for in any juvenile court disposition or otherwise required by law or court order can be provided in the adult facility.
(3) The capacity of the adult facility to separate younger and older people as needed and to provide them with safe and age-appropriate housing and program opportunities.
(4) The capacity of the juvenile facility to provide needed separation of older from younger people given the youth currently housed in the facility.
(5) Evidence demonstrating that the juvenile facility is unable to currently manage the person’s needs without posing a significant danger to staff or other youth in the facility.
(d) If a person who is 18 to 24 years of age, inclusive, is removed from a juvenile facility pursuant to this section, upon the motion of any party and a showing of changed circumstances, the court shall consider the criteria in subdivision (c) and determine whether the person should be housed at a juvenile facility.
(e) A person who is 19 years of age or older and who has been committed to a county juvenile facility or a facility of a contracted entity shall remain in the facility and shall not be subject to a petition for transfer to an adult facility. This section is not intended to authorize or extend confinement in a juvenile facility where authority would not otherwise exist.

SEC. 21.

 Section 209 of the Welfare and Institutions Code is amended to read:

209.
 (a) (1) The judge of the juvenile court of a county, or, if there is more than one judge, any of the judges of the juvenile court shall, at least annually, inspect any jail, juvenile hall, or special purpose juvenile hall that, in the preceding calendar year, was used for confinement, for more than 24 hours, of any minor.
(2) The judge shall promptly notify the operator of the jail, juvenile hall, or special purpose juvenile hall of any observed noncompliance with minimum standards for juvenile facilities adopted by the Board of State and Community Corrections under Section 210. Based on the facility’s subsequent compliance with the provisions of subdivisions (d) and (e), the judge shall thereafter make a finding whether the facility is a suitable place for the confinement of minors and shall note the finding in the minutes of the court.
(3) The Board of State and Community Corrections shall conduct a biennial inspection of each jail, juvenile hall, lockup, or special purpose juvenile hall situated in this state that, during the preceding calendar year, was used for confinement, for more than 24 hours, of any minor. The board shall promptly notify the operator of any jail, juvenile hall, lockup, or special purpose juvenile hall of any noncompliance found, upon inspection, with any of the minimum standards for juvenile facilities adopted by the Board of State and Community Corrections under Section 210 or 210.2.
(4) If either a judge of the juvenile court or the board, after inspection of a jail, juvenile hall, special purpose juvenile hall, or lockup, finds that it is not being operated and maintained as a suitable place for the confinement of minors, the juvenile court or the board shall give notice of its finding to all persons having authority to confine minors pursuant to this chapter and commencing 60 days thereafter the facility shall not be used for confinement of minors until the time the judge or board, as the case may be, finds, after reinspection of the facility that the conditions that rendered the facility unsuitable have been remedied, and the facility is a suitable place for confinement of minors.
(5) The custodian of each jail, juvenile hall, special purpose juvenile hall, and lockup shall make any reports as may be requested by the board or the juvenile court to effectuate the purposes of this section.
(b) (1) The Board of State and Community Corrections may inspect any law enforcement facility that contains a lockup for adults and that it has reason to believe may not be in compliance with the requirements of subdivision (d) (b) of Section 207.1 or with the certification requirements or standards adopted under Section 210.2. A judge of the juvenile court shall conduct an annual inspection, either in person or through a delegated member of the appropriate county or regional juvenile justice commission, of any law enforcement facility that contains a lockup for adults which, in the preceding year, was used for the secure detention of any minor. If the law enforcement facility is observed, upon inspection, to be out of compliance with the requirements of subdivision (d) (b) of Section 207.1, or with any standard adopted under Section 210.2, the board or the judge shall promptly notify the operator of the law enforcement facility of the specific points of noncompliance.
(2) If either the judge or the board finds after inspection that the facility is not being operated and maintained in conformity with the requirements of subdivision (d) (b) of Section 207.1 or with the certification requirements or standards adopted under Section 210.2, the juvenile court or the board shall give notice of its finding to all persons having authority to securely detain minors in the facility, and, commencing 60 days thereafter, the facility shall not be used for the secure detention of a minor until the time the judge or the board, as the case may be, finds, after reinspection, that the conditions that rendered the facility unsuitable have been remedied, and the facility is a suitable place for the confinement of minors in conformity with all requirements of law.
(3) The custodian of each law enforcement facility that contains a lockup for adults shall make any report as may be requested by the board or by the juvenile court to effectuate the purposes of this subdivision.
(c) The board shall collect biennial data on the number, place, and duration of confinements of minors in jails and lockups, as defined in subdivision (i) (g) of Section 207.1, and shall publish biennially this information in the form as it deems appropriate for the purpose of providing public information on continuing compliance with the requirements of Section 207.1.
(d) Except as provided in subdivision (e), a juvenile hall, special purpose juvenile hall, law enforcement facility, or jail shall be unsuitable for the confinement of minors if it is not in compliance with one or more of the minimum standards for juvenile facilities adopted by the Board of State and Community Corrections under Section 210 or 210.2, and if, within 60 days of having received notice of noncompliance from the board or the judge of the juvenile court, the juvenile hall, special purpose juvenile hall, law enforcement facility, or jail has failed to file an approved corrective action plan with the Board of State and Community Corrections to correct the condition or conditions of noncompliance of which it has been notified. The corrective action plan shall outline how the juvenile hall, special purpose juvenile hall, law enforcement facility, or jail plans to correct the issue of noncompliance and give a reasonable timeframe, not to exceed 90 days, for resolution, that the board shall either approve or deny. In the event the juvenile hall, special purpose juvenile hall, law enforcement facility, or jail fails to meet its commitment to resolve noncompliance issues outlined in its corrective action plan, the board shall make a determination of suitability at its next scheduled meeting.
(e) If a juvenile hall is not in compliance with one or more of the minimum standards for juvenile facilities adopted by the Board of State and Community Corrections under Section 210, and where the noncompliance arises from sustained occupancy levels that are above the population capacity permitted by applicable minimum standards, the juvenile hall shall be unsuitable for the confinement of minors if the board or the judge of the juvenile court determines that conditions in the facility pose a serious risk to the health, safety, or welfare of minors confined in the facility. In making its determination of suitability, the board or the judge of the juvenile court shall consider, in addition to the noncompliance with minimum standards, the totality of conditions in the juvenile hall, including the extent and duration of overpopulation as well as staffing, program, physical plant, and medical and mental health care conditions in the facility. The Board of State and Community Corrections may develop guidelines and procedures for its determination of suitability in accordance with this subdivision and to assist counties in bringing their juvenile halls into full compliance with applicable minimum standards. This subdivision shall not be interpreted to exempt a juvenile hall from having to correct, in accordance with the provisions of subdivision (d), any minimum standard violations that are not directly related to overpopulation of the facility.
(f) In accordance with the federal Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. Sec. 5601 et seq.), the Corrections Standards Authority shall inspect and collect relevant data from any facility that may be used for the secure detention of minors.
(g) All reports and notices of findings prepared by the Board of State and Community Corrections pursuant to this section shall be posted on the Board of State and Community Corrections’ Internet Web site internet website in a manner in which they are accessible to the public.

SEC. 22.

 Section 210.2 of the Welfare and Institutions Code is amended to read:

210.2.
 (a) The Board of Corrections shall adopt regulations establishing standards for law enforcement facilities which contain lockups for adults and which are used for the temporary, secure detention of minors upon arrest under subdivision (d) (b) of Section 207.1. The standards shall identify appropriate conditions of confinement for minors in law enforcement facilities, including standards for places within a police station or sheriff’s station where minors may be securely detained; standards regulating contact between minors and adults in custody in lockup, booking, or common areas; standards for the supervision of minors securely detained in these facilities; and any other related standard as the board deems appropriate to effectuate compliance with subdivision (d) (b) of Section 207.1.
(b) Every person in charge of a law enforcement facility which contains a lockup for adults and which is used in any calendar year for the secure detention of any minor shall certify annually that the facility is in conformity with the regulations adopted by the board under subdivision (a). The certification shall be endorsed by the sheriff or chief of police of the jurisdiction in which the facility is located and shall be forwarded to and maintained by the board. The board may provide forms and instructions to local jurisdictions to facilitate compliance with this requirement.

SEC. 23.

 Section 607 of the Welfare and Institutions Code is amended to read:

607.
 (a) The court may retain jurisdiction over a person who is found to be a ward or dependent child of the juvenile court until the ward or dependent child attains 21 years of age, except as provided in subdivisions (b), (c), and (d).
(b) The court may retain jurisdiction over a person who is found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (b) of Section 707, until that person attains 25 years of age if the person was committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(c) The court shall not discharge a person from its jurisdiction who has been committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities while the person remains under the jurisdiction of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, including periods of extended control ordered pursuant to Section 1800.
(d) The court may retain jurisdiction over a person described in Section 602 by reason of the commission of an offense listed in subdivision (b) of Section 707, who has been confined in a state hospital or other appropriate public or private mental health facility pursuant to Section 702.3 until that person attains 25 years of age, unless the court that committed the person finds, after notice and hearing, that the person’s sanity has been restored.
(e) The court may retain jurisdiction over a person while that person is the subject of a warrant for arrest issued pursuant to Section 663.
(f) Notwithstanding subdivisions (b) and (d), a person who is committed by the juvenile court to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities on or after July 1, 2012, but before July 1, 2018, and who is found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (b) of Section 707 shall be discharged upon the expiration of a two-year period of control, or when the person attains 23 years of age, whichever occurs later, unless an order for further detention has been made by the committing court pursuant to Article 6 (commencing with Section 1800) of Chapter 1 of Division 2.5. This subdivision does not apply to a person who is committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or to a person who is confined in a state hospital or other appropriate public or private mental health facility, by a court prior to July 1, 2012, pursuant to subdivisions (b) and (d).
(g) (1) Notwithstanding subdivision (f), a person who is committed by the juvenile court to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, on or after July 1, 2018, and who is found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (c) of Section 290.008 of the Penal Code or subdivision (b) of Section 707 of this code, shall be discharged upon the expiration of a two-year period of control, or when the person attains 23 years of age, whichever occurs later, unless an order for further detention has been made by the committing court pursuant to Article 6 (commencing with Section 1800) of Chapter 1 of Division 2.5.
(2) A person who, at the time of adjudication of a crime or crimes, would, in criminal court, have faced an aggregate sentence of seven years or more, shall be discharged upon the expiration of a two-year period of control, or when the person attains 25 years of age, whichever occurs later, unless an order for further detention has been made by the committing court pursuant to Article 6 (commencing with Section 1800) of Chapter 1 of Division 2.5.
(3) This subdivision does not apply to a person who is committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or to a person who is confined in a state hospital or other appropriate public or private mental health facility, by a court prior to July 1, 2018, as described in subdivision (f).
(h) The amendments to this section made by Chapter 342 of the Statutes of 2012 apply retroactively.
(i) This section does not change the period of juvenile court jurisdiction for a person committed to the Division of Juvenile Facilities prior to July 1, 2018.
(j) This section shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed.

SEC. 24.

 Section 607 is added to the Welfare and Institutions Code, to read:

607.
 (a) The court may retain jurisdiction over a person who is found to be a ward or dependent child of the juvenile court until the ward or dependent child attains 21 years of age, except as provided in subdivisions (b), (c), and (d).
(b) The court may retain jurisdiction over a person who is found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (b) of Section 707, until that person attains 23 years of age, subject to the provisions of subdivision (c).
(c) The court may retain jurisdiction over a person who is found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (b) of Section 707 until that person attains 25 years of age if the person, at the time of adjudication of a crime or crimes, would, in criminal court, have faced an aggregate sentence of seven years or more.
(d) The court shall not discharge a person from its jurisdiction who has been committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice while the person remains under the jurisdiction of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, including periods of extended control ordered pursuant to Section 1800, except that all juveniles in the Division of Juvenile Justice on December 31, 2023 shall be transferred back to their county of jurisdiction.
(e) The court may retain jurisdiction over a person described in Section 602 by reason of the commission of an offense listed in subdivision (b) of Section 707, who has been confined in a state hospital or other appropriate public or private mental health facility pursuant to Section 702.3 until that person attains 25 years of age, unless the court that committed the person finds, after notice and hearing, that the person’s sanity has been restored.
(f) The court may retain jurisdiction over a person while that person is the subject of a warrant for arrest issued pursuant to Section 663.
(g) Notwithstanding subdivisions (b) and (d), a person who is committed by the juvenile court to the Department of Corrections and Rehabilitation, Division of Juvenile Justice on or after July 1, 2012, but before July 1, 2018, and who is found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (b) of Section 707 shall be discharged upon the expiration of a two-year period of control, or when the person attains 23 years of age, whichever occurs later, unless an order for further detention has been made by the committing court pursuant to Article 6 (commencing with Section 1800) of Chapter 1 of Division 2.5. This subdivision does not apply to a person who is committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, or to a person who is confined in a state hospital or other appropriate public or private mental health facility, by a court prior to July 1, 2012, pursuant to subdivisions (b) and (d).
(h) (1) Notwithstanding subdivision (f), a person who is committed by the juvenile court to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, on or after July 1, 2018, and who is found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (c) of Section 290.008 of the Penal Code or subdivision (b) of Section 707 of this code, shall be discharged upon the expiration of a two-year period of control, or when the person attains 23 years of age, whichever occurs later, unless an order for further detention has been made by the committing court pursuant to Article 6 (commencing with Section 1800) of Chapter 1 of Division 2.5.
(2) A person who, at the time of adjudication of a crime or crimes, would, in criminal court, have faced an aggregate sentence of seven years or more, shall be discharged upon the expiration of a two-year period of control, or when the person attains 25 years of age, whichever occurs later, unless an order for further detention has been made by the committing court pursuant to Article 6 (commencing with Section 1800) of Chapter 1 of Division 2.5.
(3) This subdivision does not apply to a person who is committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or to a person who is confined in a state hospital or other appropriate public or private mental health facility, by a court prior to July 1, 2018, as described in subdivision (f).
(i) The amendments to this section made by Chapter 342 of the Statutes of 2012 apply retroactively.
(j) This section does not change the period of juvenile court jurisdiction for a person committed to the Division of Juvenile Facilities prior to July 1, 2018.
(k) This section shall become operative July 1, 2023.

SEC. 25.

 Section 707.1 of the Welfare and Institutions Code is amended to read:

707.1.
 (a)  If the minor is declared not a fit and proper subject If, pursuant to be dealt with under the juvenile court law, or as to a minor for whom charges in a petition or petitions in the a transfer hearing, the minor’s case is transferred from juvenile court have been transferred to a court of criminal jurisdiction pursuant to Section 707.01, jurisdiction, the district attorney, attorney or other appropriate prosecuting officer may file an accusatory pleading against the minor in a court of criminal jurisdiction. The case shall proceed from that point according to the laws applicable to a criminal case. If a prosecution has been commenced in another court but has been suspended while juvenile court proceedings are being held, it shall be ordered that the proceedings upon that prosecution shall resume.

(b)(1)The juvenile court, as to a minor alleged to have committed an offense described in subdivision (b), paragraph (2) of subdivision (d), or subdivision (e) of Section 707 and who has been declared not a fit and proper subject to be dealt with under the juvenile court law, or as to a minor for whom charges in a petition or petitions in the juvenile court will be transferred to a court of criminal jurisdiction pursuant to Section 707.01, or as to a minor whose case has been filed directly in or transferred to a court of criminal jurisdiction pursuant to Section 707.01, may order the minor to be delivered to the custody of the sheriff upon a finding that the presence of the minor in the juvenile hall would endanger the safety of the public or be detrimental to the other inmates detained in the juvenile hall. Other minors declared not fit and proper subjects to be dealt with under the juvenile court law, if detained, shall remain in the juvenile hall pending final disposition by the criminal court or until they attain the age of 18, whichever occurs first.

(2)Upon attainment of the age of 18 years such a person who is detained in juvenile hall shall be delivered to the custody of the sheriff unless the court finds that it is in the best interests of the person and the public that he or she be retained in juvenile hall. If a hearing is requested by the person, the transfer shall not take place until after the court has made its findings.

(3)When a person under 18 years of age is detained pursuant to this section in a facility in which adults are confined the detention shall be in accordance with the conditions specified in subdivision (b) of Section 207.1.

(4)

(b) A minor found not a fit and proper subject whose case is transferred to be dealt with under the juvenile a court law of criminal jurisdiction shall, upon the conclusion of the fitness transfer hearing, be entitled to release on bail or on his or her their own recognizance on the same circumstances, terms, and conditions as an adult alleged to have committed the same offense.

SEC. 26.

 Section 730 of the Welfare and Institutions Code is amended to read:

730.
 (a) When a minor is adjudged a ward of the court on the ground that he or she is they are a person described by Section 602, the court may order any of the types of treatment referred to in Section 727, and as an additional alternative, may commit the minor to a juvenile home, ranch, camp, or forestry camp. If there is no county juvenile home, ranch, camp, or forestry camp within the county, the court may commit the minor to the county juvenile hall.
(b) When a ward described in subdivision (a) is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, the court may make any and all reasonable orders for the conduct of the ward including the requirement that the ward go to work and earn money for the support of his or her their dependents or to effect reparation and in either case that the ward keep an account of his or her their earnings and report the same to the probation officer and apply these earnings as directed by the court. The court may impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
(c) When a ward described in subdivision (a) is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, and is required as a condition of probation to participate in community service or graffiti cleanup, the court may impose a condition that if the minor unreasonably fails to attend or unreasonably leaves prior to completing the assigned daily hours of community service or graffiti cleanup, a law enforcement officer may take the minor into custody for the purpose of returning the minor to the site of the community service or graffiti cleanup.
(d) When a minor is adjudged or continued as a ward of the court on the ground that he or she the minor is a person described by Section 602 by reason of the commission of rape, sodomy, oral copulation, or an act of sexual penetration specified in Section 289 of the Penal Code, the court shall order the minor to complete a sex offender treatment program, if the court determines, in consultation with the county probation officer, that suitable programs are available. In determining what type of treatment is appropriate, the court shall consider all of the following: the seriousness and circumstances of the offense, the vulnerability of the victim, the minor’s criminal history and prior attempts at rehabilitation, the sophistication of the minor, the threat to public safety, the minor’s likelihood of reoffending, and any other relevant information presented. If ordered by the court to complete a sex offender treatment program, the minor shall pay all or a portion of the reasonable costs of the sex offender treatment program after a determination is made of the ability of the minor to pay.
(e) This section shall remain in effect only until July 1, 2023, and as of that date is repealed.

SEC. 27.

 Section 730 is added to the Welfare and Institutions Code, to read:

730.
 (a) (1) When a minor is adjudged a ward of the court on the ground that they are a person described by Section 602, the court may order any of the types of treatment referred to in Section 727, and as an additional alternative, may commit the minor to a juvenile home, ranch, camp, or forestry camp. If there is no county juvenile home, ranch, camp, or forestry camp within the county, the court may commit the minor to the county juvenile hall. In addition, the court may also make any of the following orders:
(A) Order the ward to make restitution, to pay a fine up to two hundred fifty dollars ($250) for deposit in the county treasury if the court finds that the minor has the financial ability to pay the fine, or to participate in uncompensated work programs.
(B) Commit the ward to a sheltered-care facility.
(C) Order that the ward and the ward’s family or guardian participate in a program of professional counseling as arranged and directed by the probation officer as a condition of continued custody of the ward.
(2) A court shall not commit a juvenile to any juvenile facility for a period that exceeds the maximum term of imprisonment that could be imposed upon an adult convicted of the same offense.
(b) When a ward described in subdivision (a) is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, the court may make any and all reasonable orders for the conduct of the ward including the requirement that the ward go to work and earn money for the support of the ward’s dependents or to effect reparation and in either case that the ward keep an account of the ward’s earnings and report the same to the probation officer and apply these earnings as directed by the court. The court may impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
(c) When a ward described in subdivision (a) is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, and is required as a condition of probation to participate in community service or graffiti cleanup, the court may impose a condition that if the minor unreasonably fails to attend or unreasonably leaves prior to completing the assigned daily hours of community service or graffiti cleanup, a law enforcement officer may take the minor into custody for the purpose of returning the minor to the site of the community service or graffiti cleanup.
(d) When a minor is adjudged or continued as a ward of the court on the ground that the ward is a person described by Section 602 by reason of the commission of rape, sodomy, oral copulation, or an act of sexual penetration specified in Section 289 of the Penal Code, the court shall order the minor to complete a sex offender treatment program, if the court determines, in consultation with the county probation officer, that suitable programs are available. In determining what type of treatment is appropriate, the court shall consider all of the following: the seriousness and circumstances of the offense, the vulnerability of the victim, the minor’s criminal history and prior attempts at rehabilitation, the sophistication of the minor, the threat to public safety, the minor’s likelihood of reoffending, and any other relevant information presented. If ordered by the court to complete a sex offender treatment program, the minor shall pay all or a portion of the reasonable costs of the sex offender treatment program after a determination is made of the ability of the minor to pay.
(e) This section shall become operative July 1, 2023.

SEC. 28.

 Section 731 of the Welfare and Institutions Code is amended to read:

731.
 (a) If a minor is adjudged a ward of the court on the ground that he or she the minor is a person described by Section 602, the court may order any of the types of treatment referred to in Sections 727 and 730 and, in addition, may do any of the following:
(1) Order the ward to make restitution, to pay a fine up to two hundred fifty dollars ($250) for deposit in the county treasury if the court finds that the minor has the financial ability to pay the fine, or to participate in uncompensated work programs.
(2) Commit the ward to a sheltered-care facility.
(3) Order that the ward and his or her the ward’s family or guardian participate in a program of professional counseling as arranged and directed by the probation officer as a condition of continued custody of the ward.
(4) Commit the ward to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, if the ward has committed an offense described in subdivision (b) of Section 707 or subdivision (c) of Section 290.008 of the Penal Code, and is not otherwise ineligible for commitment to the division under Section 733.
(b) The Division of Juvenile Facilities shall notify the Department of Finance when a county recalls a ward pursuant to Section 731.1. The division shall provide the department with the date the ward was recalled and the number of months the ward has served in a state facility. The division shall provide this information in the format prescribed by the department and within the timeframes established by the department.
(c) A ward committed to the Division of Juvenile Justice shall not be confined in excess of the term of confinement set by the committing court. The court shall set a maximum term based upon the facts and circumstances of the matter or matters that brought or continued the ward under the jurisdiction of the court and as deemed appropriate to achieve rehabilitation. The court shall not commit a ward to the Division of Juvenile Justice for a period that exceeds the maximum term of imprisonment that could be imposed upon an adult convicted of the same offense. This subdivision does not limit the power of the Board of Juvenile Hearings to discharge a ward committed to the Division of Juvenile Justice pursuant to Sections 1719 and 1769. Upon discharge, the committing court may retain jurisdiction of the ward pursuant to Section 607.1 and establish the conditions of supervision pursuant to subdivision (b) of Section 1766.
(d) This section shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed.

SEC. 29.

 Section 736.5 is added to the Welfare and Institutions Code, to read:

736.5.
 (a) It is the intent of the Legislature to close the Division of Juvenile Justice within the Department of Corrections and Rehabilitation, through shifting responsibility for all youth adjudged a ward of the court, commencing July 1, 2023, to county governments and providing annual funding for county governments to fulfill this new responsibility.
(b) Notwithstanding any other law, beginning July 1, 2023, a ward shall not be committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice.
(c) All wards committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice prior to July 1, 2023, shall remain within custody of the division until December 31, 2023, or until the ward is discharged, released, or otherwise moved pursuant to law, whichever is first. The Division of Juvenile Justice shall be closed on or before December 31, 2023, and all remaining youth shall be transferred back to their county of jurisdiction.
(d) (1) Commencing, January 1, 2022, the county of conviction shall pay to the Department of Corrections and Rehabilitation the marginal cost of confinement of every individual in that county who is convicted of a crime in a court of criminal jurisdiction and sentenced to the state prison for an offense that was committed when the individual was under 18 years of age. The payment shall be made annually for the remaining duration of the sentence served in state prison.
(2) The marginal cost of housing an individual in the department and the fees owed by a county shall be reassessed annually by the Department of Finance.
(3) A county shall not use funds received pursuant to the Juvenile Justice Realignment Block Grant specified in Chapter 1.7 (commencing with Section 1900) of Division 2.5 or the Youth and Community Restoration Grant Program specified in Chapter 6 (commencing with Section 2260) of Division 2.5 to pay the fees required by this subdivision.
(e) Notwithstanding subdivision (c) of Section 1731.5, if an individual under 18 years of age is convicted of an offense in superior court, on or after July 1, 2023, and sentenced to state prison, that individual shall remain in a county juvenile facility until the individual reaches 18 years of age and can be transferred to state prison.

SEC. 30.

 Article 23.5 (commencing with Section 875) is added to Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, to read:
Article  23.5. Secure Youth Treatment Facilities

875.
 (a) In addition to the types of treatment specified in Sections 727 and 730, commencing July 1, 2022, the court may order that a ward be committed to a secure youth treatment facility for a period of confinement described in subdivision (b) if the ward meets all of the following criteria:
(1) The juvenile is adjudicated and found to be a ward of the court based on an offense listed in subdivision (b) of Section 707 that was committed when the juvenile was 14 years of age or older.
(2) The adjudication described in paragraph (1) is the most recent offense for which the juvenile has been adjudicated.
(3) The court has determined that a less restrictive, alternative disposition for the ward is unsuitable based on the criteria specified in subdivision (f).
(b) (1) In making its order of commitment for a ward who meets all of the criteria specified in subdivision (a), the court shall set a baseline term of confinement for the ward that is based on the most serious recent offense for which the ward has been adjudicated, as specified in paragraph (2). The baseline term of confinement shall represent the time in custody necessary to meet the developmental and treatment needs of the ward and to prepare the ward for safe discharge to a period of probation supervision in the community.
(2) The baseline term of confinement for the ward shall be determined according to offense-based classifications that are approved by the Judicial Council as described in subdivision (h). Pending the development and adoption of offense-based classifications by the Judicial Council, the court shall set a baseline term of confinement for the ward utilizing the discharge consideration date guidelines applied by Division of Juvenile Justice prior to its closure and as set forth in Sections 4950 to 4956, inclusive, of Title 15 of the California Code of Regulations, except that these guidelines shall be used only to determine a baseline confinement time for the ward and shall not be used or relied on to modify the ward’s confinement time in any manner other than as provided in this section. The court may, pending the adoption of Judicial Council guidelines, modify the initial baseline term with a deviation of plus or minus six months. The baseline term shall also be subject to modification in progress review hearings as described in subdivision (e).
(c) In making its order of commitment, the court shall additionally set a maximum term of confinement for the ward in the secure youth treatment facility. The maximum term of confinement shall represent the longest term of confinement in the facility that the ward may serve subject to the following:
(1) A ward committed to a secure youth treatment facility under this section shall not be held in secure confinement beyond 23 years of age, or two years from the date of the commitment, whichever occurs later. However, if the ward has been committed to the facility based on adjudication for an offense or offenses for which the ward, if convicted in adult criminal court, would face an aggregate sentence of seven or more years, the maximum period of confinement shall not exceed the ward attaining 25 years of age or two years from the date of the commitment, whichever occurs later.
(2) The maximum period of confinement shall not exceed the maximum period of imprisonment that can be imposed upon an adult convicted of the same offense or offenses.
(d) (1) In making an order of commitment to a secure youth treatment facility, the court shall receive, review, and approve an individual treatment plan for the ward that has been submitted to the court by the probation department or by another entity that is designated by the court for development of the plan. The plan shall identify the programming to be provided to the ward during the period of confinement in the facility. The plan may be developed in concert with a multidisciplinary team of youth service, mental health, education, and other juvenile justice experts and treatment providers who are convened to advise the court for this purpose. The plan shall be subject to review and input by the prosecutor and by the counsel for the ward, including input submitted in writing prior to the adoption of the plan. The plan may be modified by the court based on all of the information provided.
(2) The court, in making a commitment order under this section, shall find that the facility to which the ward is committed is able to provide programming that is consistent with the ward’s individual treatment plan.
(e) (1) The court shall, during the term of commitment, schedule and hold a progress review hearing for the ward not less frequently than once every six months. In the review hearing, the court shall evaluate the ward’s progress toward rehabilitation and shall determine whether the baseline term of confinement is to be modified. The court shall consider the recommendations of counsel, the probation department and any behavioral, educational, or other specialists having information relevant to the ward’s progress in confinement. At the conclusion of the review hearing, the court may order that the ward remain in custody for the remainder of the baseline term or may order that the ward’s baseline term be modified downward by a reduction of confinement time not to exceed six months.
(2) The ward’s confinement time shall not be extended beyond the baseline confinement term for disciplinary infractions or other in-custody behaviors. Any infractions or behaviors shall be addressed by alternative means which may include a system of graduated sanctions for disciplinary infractions adopted by the operator of the secure youth treatment facility and subject to any relevant state standards or regulations that apply to juvenile halls generally.
(3) The court shall, at the conclusion of the baseline confinement term, including any modified baseline term, hold a probation discharge hearing for the ward. At the discharge hearing, the court shall review the ward’s progress toward meeting the terms of the individual treatment plan and the recommendations of counsel, the probation department, and any other agencies or individuals having information the court deems necessary. At the conclusion of the hearing, the court shall order that the ward be discharged to a period of probation supervision in the community under conditions approved by the court, unless the court finds that the ward constitutes a substantial risk of imminent harm to others in the community if released from custody. If the court so finds, the ward may be retained in custody in the secure youth treatment facility for up to one additional year of confinement, subject to the review hearing and probation discharge hearing provisions of paragraphs (1) and (2) and subject to the maximum confinement provisions of subdivision (c).
(4) If the ward is discharged from confinement to a program of probation supervision, the court shall determine the reasonable conditions of probation that are suitable to meet the developmental needs and circumstances of the ward and to facilitate the ward’s successful reentry into the community. The court shall periodically review the ward’s progress under probation supervision and shall make any additional orders deemed necessary to modify the program of supervision in order facilitate the provision of services or to otherwise support the ward’s successful reentry into the community. If the ward fails to materially comply with the reasonable orders of probation imposed by the court, the court may order that the ward be returned to custody in the secure youth treatment facility for the remainder of the presumptive term initially ordered by the court, subject to continued review hearings and to a probation discharge hearing as provided in paragraphs (2) and (3).
(f) A ward who meets the criteria described in paragraphs (1) and (2) of subdivision (a) shall not be committed to a secure youth treatment facility subject to a baseline period of confinement unless the court enters a finding on the record that a less restrictive disposition is unsuitable for the ward. In making its finding, the court shall consider the recommendations of counsel, the probation department, and any other agency designated by the court to advise on the appropriate disposition of the case. The court shall additionally make its determination based on all of the following criteria:
(1) The severity of the offense or offenses for which the ward has been most recently adjudicated, including the ward’s role in the offense and harm that may have been done to victims.
(2) The ward’s offense and commitment history.
(3) Whether the programming offered and provided in the secure youth treatment facility is appropriate to meet the treatment and security needs of the ward.
(4) Whether the goals of rehabilitation and community safety can be met by assigning the ward to an alternative, less restrictive disposition that is available to the court.
(g) A secure youth treatment facility, as described in this section, shall meet the following criteria:
(1) The facility shall be a secure facility that is operated, utilized, or accessed by the county of commitment to provide appropriate programming and treatment for wards having been adjudicated for the serious or violent offenses specified in subdivision (a). The facility shall also serve as an alternative commitment option within the jurisdiction of the juvenile court for wards who may be eligible, based on the offense, for transfer to the jurisdiction of the adult criminal court and prison systems.
(2) The facility may be a stand-alone facility, such as a probation camp or other facility operated under contract with the county or with another county, or may be a unit or portion of an existing county juvenile facility, including a juvenile hall or probation camp, that is configured and programmed to serve the population described in subdivision (a) and has been approved for this use as provided in paragraph (3).
(3) The Office of Youth Justice shall, by July 1, 2022, develop standards for the establishment, design, security, programming and education, staffing, and staff training of any public or private facility that is utilized or accessed by the court as a secure youth treatment facility under the provisions of this section. The standards shall specify how the facility may be used to serve or to separate juveniles, other than juveniles described in subdivision (a), who may also be detained in or committed to the facility or to some portion of the facility. Pending the final adoption of these standards, a secure youth treatment facility shall comply with applicable minimum standards for juvenile facilities in Title 15 and Title 24 of the California Code of Regulations. A county proposing to establish a secure youth treatment facility for wards described in subdivision (a) shall seek and obtain the approval of the office for the operation of the facility based on a facility plan submitted to the office, in a format determined by the office, for review and approval.
(4) In lieu of establishing its own secure youth treatment facility, a county may contract with another county having a secure youth treatment facility to accept commitments of wards described in subdivision (a).
(5) A county may establish a secure youth treatment facility to serve as a regional center for commitment of juveniles by one or more other counties on a contract payment basis.
(h) (1) By July 1, 2023, the Judicial Council shall develop and shall adopt a matrix of offense-based classifications to be applied by the juvenile courts in all counties in setting the baseline confinement terms described in subdivision (b). Each classification level or category shall specify a set of offenses within the level or category that is linked to a standard baseline term of years to be assigned to youth, based on their most serious recent adjudicated offense, who are committed to a secure youth treatment facility as provided in this section. The classification matrix may provide for upward or downward deviation of not more than six months that may be applied by the court in setting the baseline confinement term for each ward subject to the provisions of this section. In developing the matrix, the Judicial Council shall be advised by a working group of stakeholders which shall include representatives from prosecution, defense, probation, behavioral health, youth service providers, and youth advocacy and other stakeholders and organizations having relevant expertise or information on dispositions and sentencing of youth in the juvenile justice system. In the development process, the Judicial Council shall also examine and take into account youth sentencing and length-of-stay guidelines or practices adopted by other states or recommended by organizations or individuals having expertise or having conducted relevant research on dispositions and sentencing of youth in the juvenile justice system.
(2) Upon final adoption by the Judicial Council, the matrix of offense-base classifications shall be applied in a standardized manner by juvenile courts in each county in cases where the court is required to set a baseline confinement term under subdivision (b) for wards who are committed to a secure youth treatment facility. The discharge consideration date guidelines of the Division of Juvenile Justice that were applied on an interim basis shall not thereafter be utilized to determine baseline confinement terms for wards who are committed to a secure youth treatment facility under the provisions of this section.
(i) A court shall not commit a juvenile to any juvenile facility, including a secure youth treatment facility as defined in this section, for a period that exceeds the maximum term of imprisonment that could be imposed upon an adult convicted of the same offense.

876.
 (a) If a probation department determines that the discharge of a person confined in a secure youth treatment facility from the control of the court at the time required by Section 875 would be physically dangerous to the public because of the person's mental or physical condition, disorder, or other problem that causes the person to have serious difficulty controlling their dangerous behavior, the department shall request the prosecuting attorney to petition the committing court for an order directing that the person remain subject to the control of department beyond that time.  The petition shall be filed at least 90 days before the time of discharge otherwise required.  The petition shall be accompanied by a written statement of the facts upon which the department bases its opinion that discharge at the time stated would be physically dangerous to the public, but the petition may not be dismissed and an order may not be denied merely because of technical defects in the application.
(b) The prosecuting attorney shall promptly notify probation of a decision not to file a petition.
(c) If a petition is filed with the court for an order as provided in subdivision (a) and, upon review, the court determines that the petition, on its face, supports a finding of probable cause, the court shall order that a hearing be held pursuant to subdivisions (d) and (e).  The court shall provide notification of the hearing to the person whose liberty is involved and, if the person is a minor, the minor’s parent or guardian, if the minor’s parent or guardian can be reached, and, if not, the court shall appoint a person to act in the place of the parent or guardian and shall afford the person an opportunity to appear at the hearing with the aid of counsel and the right to cross-examine experts or other witnesses upon whose information, opinion, or testimony the petition is based.  The court shall inform the person named in the petition of their right of process to compel attendance of relevant witnesses and the production of relevant evidence.  When the person is unable to provide their own counsel, the court shall appoint counsel to represent them. The probable cause hearing shall be held within 10 calendar days after the date the order is issued pursuant to this subdivision unless the person named in the petition waives this time.
(d) At the probable cause hearing, the court shall receive evidence and determine whether there is probable cause to believe that discharge of the person would be physically dangerous to the public because of the person’s mental or physical condition, disorder, or other problem that causes the person to have serious difficulty controlling dangerous behavior.  If the court determines there is not probable cause, the court shall dismiss the petition and the person shall be discharged from the control of the secure youth treatment facility at the time required by Section 875 as applicable.  If the court determines there is probable cause, the court shall order that a trial be conducted to determine whether the person is physically dangerous to the public because of their mental or physical condition, disorder, or other problem.
(e) If a trial is ordered pursuant to subdivision (d), the trial shall be by jury unless the right to a jury trial is personally waived by the person, after the person has been fully advised of the constitutional rights being waived, and by the prosecuting attorney, in which case trial shall be by the court.  If the jury is not waived, the court shall cause a jury to be summoned and to be in attendance at a date stated, not less than 4 days nor more than 30 days from the date of the order for trial, unless the person named in the petition waives time.  The court shall submit to the jury, or, at a court trial, the court shall answer, the question:  Is the person physically dangerous to the public because of a mental or physical condition, disorder, or other problem that causes the person to have serious difficulty controlling their dangerous behavior?  The court's previous order entered pursuant to this section shall not be read to the jury, nor alluded to in the trial.  The person shall be entitled to all rights guaranteed under the federal and state constitutions in criminal proceedings.  A unanimous jury verdict shall be required in any jury trial.  As to either a court or a jury trial, the standard of proof shall be that of proof beyond a reasonable doubt.
(f) If an order for continued detention is made pursuant to this section, the control of the department over the person shall continue, subject to the provisions of this article, but, unless the person is previously discharged as provided in Section 875, the department shall, within two years after the date of that order in the case of persons committed by the juvenile court, or within two years after the date of that order in the case of persons committed after conviction in criminal proceedings, file a new application for continued detention in accordance with the provisions of this section if continued detention is deemed necessary.  These applications may be repeated at intervals as often as in the opinion of the department may be necessary for the protection of the public, except that the court shall have the power, in order to protect other persons in the custody of probation to refer the person for evaluation for civil commitment or to transfer the custody of any person over 25 years of age to the county adult probation authorities for placement in an appropriate institution. Each person shall be discharged from the control of the probation department at the termination of the period stated in this section unless the probation department has filed a new application and the court has made a new order for continued detention as provided above in this section.
(g) An order of the committing court made pursuant to this section is appealable by the person whose liberty is involved in the same manner as a judgment in a criminal case.  The appellate court may affirm the order of the lower court, or modify it, or reverse it and order the appellant to be discharged.  Pending appeal, the appellant shall remain under the control of the probation department.

SEC. 31.

 Section 1703 of the Welfare and Institutions Code, as added by Section 56 of Chapter 25 of the Statutes of 2019, is repealed.
1703.

As used in this chapter the following terms have the following meanings:

(a)“Public offenses” means public offenses as that term is defined in the Penal Code.

(b)“Court” includes any official authorized to impose sentence for a public offense.

(c)“Youth Authority,” “Authority,” “authority,” “Division of Juvenile Justice,” “Division of Juvenile Facilities,” or “division” means the California Health and Human Services Agency, Department of Youth and Community Restoration.

(d)“Board” or “board” means the Board of Juvenile Hearings under the jurisdiction of the Director of the Department of Youth and Community Restoration.

(e)This section shall become operative July 1, 2020.

SEC. 32.

 Section 1703 is added to the Welfare and Institutions Code, to read:

1703.
 As used in this chapter the following terms have the following meanings:
(a) “Public offenses” means public offenses as that term is defined in the Penal Code.
(b) “Court” includes any official authorized to impose sentence for a public offense.
(c) “Youth Authority,” “Authority,” “authority,” or “division” means the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(d) “Board” or “board” means the Board of Parole Hearings, until January 1, 2007, at which time “board” shall refer to the body created to hear juvenile parole matters under the jurisdiction of the Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation.
(e) The masculine pronoun includes the feminine.

SEC. 33.

 Section 1710 of the Welfare and Institutions Code, as added by Section 58 of Chapter 25 of the Statutes of 2019, is repealed.
1710.

(a)Any reference to the Department of the Youth Authority, the Division of Juvenile Facilities, or the Division of Juvenile Justice in this or any other code refers to the Department of Youth and Community Restoration.

(b)The Legislature finds and declares the following:

(1)The purpose of the Department of Youth and Community Restoration is to protect society from the consequences of criminal activity by providing for the secure placement of youth, and to effectively and efficiently operate and manage facilities housing youthful offenders under the jurisdiction of the department, consistent with the purposes set forth in Section 1700. The purpose of the Department of Youth and Community Restoration is also to provide comprehensive education, training, treatment, and rehabilitative services to youthful offenders under the jurisdiction of the department, that are designed to promote community restoration, family ties, and victim restoration, and to produce youth who become law-abiding and productive members of society, consistent with the purposes set forth in Section 202.

(2)The Department of Youth and Community Restoration shall embrace a vision wherein the youth under its care transition successfully into adulthood, desist from criminal behavior, and become thriving and engaged members of their communities.

(3)It is the mission of the Department of Youth and Community Restoration to help youth who have hurt people, and have been hurt themselves, return safely to the community and become responsible and successful adults. The department shall employ the following strategies to support this mission:

(A)Build and practice the values of a safe and caring community within the Department of Youth and Community Restoration, engaging all members, including staff, youth, families, volunteers, and visitors in fulfilling its mission.

(B)Develop a fully prepared and continually supported staff that is healthy, educated, and trained to fulfill their unique and vital roles in service to the department’s mission.

(C)Offer treatment to help youth heal from past experience and change the thinking, beliefs, and behaviors that lead to hurting themselves and others.

(D)Create opportunities for youth to understand and restore the harms caused by their actions.

(E)Provide education, training, and life experience for youth to imagine, aspire, and build a pathway to a successful life.

(F)Bring people with resources, relationships, expertise, and personal experience into the Department of Youth and Community Restoration to inspire and motivate youth, and to build a caring community that provides opportunities and support for their reentry and honorable discharge.

(c)This section shall become operative July 1, 2020.

SEC. 34.

 Section 1710 is added to the Welfare and Institutions Code, to read:

1710.
 (a) Any reference to the Department of the Youth Authority in this code or any other code refers to the Department of Corrections and Rehabilitation, Division of Juvenile Justice.
(b) The Legislature finds and declares the following:
(1) The purpose of the Division of Juvenile Justice within the Department of Corrections and Rehabilitation is to protect society from the consequences of criminal activity by providing for the secure placement of youth, and to effectively and efficiently operate and manage facilities housing youthful offenders under the jurisdiction of the department, consistent with the purposes set forth in Section 1700.
(2) The purpose of the Division of Juvenile Programs within the Department of Corrections and Rehabilitation is to provide comprehensive education, training, treatment, and rehabilitative services to youthful offenders under the jurisdiction of the department, that are designed to promote community restoration, family ties, and victim restoration, and to produce youth who become law-abiding and productive members of society, consistent with the purposes set forth in Section 202.
(3) The purpose of the Division of Juvenile Parole Operations within the Department of Corrections and Rehabilitation is to monitor and supervise the reentry into society of youthful offenders under the jurisdiction of the department, and to promote the successful reintegration of youthful offenders into society, in order to reduce the rate of recidivism, thereby increasing public safety.

SEC. 35.

 Section 1711 of the Welfare and Institutions Code, as added by Section 60 of Chapter 25 of the Statutes of 2019, is repealed.
1711.

(a)Commencing July 1, 2020, unless the context clearly requires otherwise, any reference to the Director of the Division of Juvenile Facilities, Director of the Division of Juvenile Justice, or Director of the Youth Authority, shall be deemed to refer to the Director of the Department of Youth and Community Restoration, unless otherwise expressly provided.

(b)This section shall become operative July 1, 2020.

SEC. 36.

 Section 1711 is added to the Welfare and Institutions Code, to read:

1711.
 Any reference to the Director of the Youth Authority shall be to the Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation, unless otherwise expressly provided.

SEC. 37.

 Section 1712 of the Welfare and Institutions Code, as added by Section 62 of Chapter 25 of the Statutes of 2019, is repealed.
1712.

(a)The Director of the Department of Youth and Community Restoration shall be the appointing authority for all civil service positions of employment in the department. The director may delegate the powers and duties vested in the director by law, in accordance with Section 7.

(b)The director is authorized to make and enforce all rules appropriate to the proper accomplishment of the functions of the Department of Youth and Community Restoration. The rules shall be promulgated and filed pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, except as otherwise provided in Sections 12832 and 12833 of the Government Code. All rules and regulations shall, to the extent practical, be stated in language that is easily understood by the general public.

(c)The director shall maintain, publish, and make available to the general public, a compendium of rules and regulations promulgated by the department pursuant to this section.

(d)The following exceptions to the procedures specified in this section shall apply to the department:

(1)The department may specify an effective date that is any time more than 30 days after the rule or regulation is filed with the Secretary of State, provided that no less than 20 days prior to that effective date, copies of the rule or regulation shall be posted in conspicuous places throughout each institution and shall be mailed to all persons or organizations who request them.

(2)The department may rely upon a summary of the information compiled by a hearing officer, provided that the summary and the testimony taken regarding the proposed action shall be retained as part of the public record for at least one year after the adoption, amendment, or repeal.

(e)This section shall become operative July 1, 2020.

SEC. 38.

 Section 1712 is added to the Welfare and Institutions Code, to read:

1712.
 (a) All powers, duties, and functions pertaining to the care and treatment of wards provided by any provision of law and not specifically and expressly assigned to the Juvenile Justice branch of the Department of Corrections and Rehabilitation, or to the Board of Parole Hearings, shall be exercised and performed by the Secretary of the Department of Corrections and Rehabilitation. The secretary shall be the appointing authority for all civil service positions of employment in the department. The secretary may delegate the powers and duties vested in the secretary by law, in accordance with Section 7.
(b) Commencing July 1, 2005, the secretary is authorized to make and enforce all rules appropriate to the proper accomplishment of the functions of the Division of Juvenile Facilities, Division of Juvenile Programs, and Division of Juvenile Parole Operations. The rules shall be promulgated and filed pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and shall, to the extent practical, be stated in language that is easily understood by the general public.
(c) The secretary shall maintain, publish, and make available to the general public, a compendium of rules and regulations promulgated by the department pursuant to this section.
(d) The following exceptions to the procedures specified in this section shall apply to the department:
(1) The department may specify an effective date that is any time more than 30 days after the rule or regulation is filed with the Secretary of State; provided that no less than 20 days prior to that effective date, copies of the rule or regulation shall be posted in conspicuous places throughout each institution and shall be mailed to all persons or organizations who request them.
(2) The department may rely upon a summary of the information compiled by a hearing officer; provided that the summary and the testimony taken regarding the proposed action shall be retained as part of the public record for at least one year after the adoption, amendment, or repeal.

SEC. 39.

 Section 1714 of the Welfare and Institutions Code, as added by Section 64 of Chapter 25 of the Statutes of 2019, is repealed.
1714.

(a)The Director of the Department of Youth and Community Restoration may transfer persons confined in one institution, camp, or facility of the department to another. Proximity to family shall be one consideration in placement.

(b)This section shall become operative July 1, 2020.

SEC. 40.

 Section 1714 is added to the Welfare and Institutions Code, to read:

1714.
 The Secretary of the Department of Corrections and Rehabilitation may transfer persons confined in one institution or facility of the Division of Juvenile Justice to another. Proximity to family shall be one consideration in placement.

SEC. 41.

 Section 1731.5 of the Welfare and Institutions Code, as added by Section 66 of Chapter 25 of the Statutes of 2019, is repealed.
1731.5.

(a)After certification to the Governor as provided in this article, a court may commit to the Department of Youth and Community Restoration any person who meets all of the following:

(1)Is convicted of an offense described in subdivision (b) of Section 707 or subdivision (c) of Section 290.008 of the Penal Code.

(2)Is found to be less than 21 years of age at the time of apprehension.

(3)Is not sentenced to death, imprisonment for life, with or without the possibility of parole, whether or not pursuant to Section 190 of the Penal Code, imprisonment for 90 days or less, or the payment of a fine, or after having been directed to pay a fine, defaults in the payment thereof, and is subject to imprisonment for more than 90 days under the judgment.

(4)Is not granted probation, or was granted probation and that probation is revoked and terminated.

(b)The Department of Youth and Community Restoration shall accept a person committed to it pursuant to this article if it believes that the person can be materially benefited by its developmentally appropriate educational, therapeutic, and rehabilitative programming, and if it has adequate facilities to provide that care.

(c)(1)A person under 18 years of age who is not committed to the Department of Youth and Community Restoration pursuant to this section may be transferred to the department by the Secretary of the Department of Corrections and Rehabilitation with the approval of the Director of the Department of Youth and Community Restoration. In sentencing a person under 18 years of age, the court may order that the person be transferred to the custody of the Department of Youth and Community Restoration pursuant to this subdivision. If the court makes this order and the department does not accept custody of the person, the person shall be returned to court for resentencing. The transfer shall be solely for the purposes of housing the inmate, allowing participation in the programs available at the institution by the inmate, and allowing supervision of the inmate, who in all other aspects shall be deemed to be committed to the Department of Corrections and Rehabilitation and shall remain subject to the jurisdiction of the Secretary of the Department of Corrections and Rehabilitation and the Board of Parole Hearings. Notwithstanding subdivision (b) of Section 2900 of the Penal Code, the secretary, with the concurrence of the director, may designate a facility under the jurisdiction of the director as a place of reception for a person described in this subdivision.

(2)The director has the same powers with respect to an inmate transferred pursuant to this subdivision as if the inmate had been committed or transferred to the Department of Youth and Community Restoration either under the Arnold-Kennick Juvenile Court Law or subdivision (a).

(3)The duration of the transfer shall extend until any of the following occurs:

(A)The director orders the inmate returned to the Department of Corrections and Rehabilitation.

(B)The inmate is ordered discharged by the Board of Parole Hearings.

(C)The inmate reaches 18 years of age. However, if the inmate’s period of incarceration would be completed on or before the inmate’s 25th birthday, the director may continue to house the inmate until the period of incarceration is completed.

(d)The amendments to subdivision (c) of former Section 1731.5 made by Chapter 36 of the Statutes of 2018, as that subdivision read on July 1, 2018, are continued in this section and apply retroactively.

(e)This section shall become operative July 1, 2020.

SEC. 42.

 Section 1731.5 is added to the Welfare and Institutions Code, to read:

1731.5.
 (a) After certification to the Governor as provided in this article, a court may commit to the Division of Juvenile Justice any person who meets all of the following:
(1) Is convicted of an offense described in subdivision (b) of Section 707 or subdivision (c) of Section 290.008 of the Penal Code.
(2) Is found to be less than 21 years of age at the time of apprehension.
(3) Is not sentenced to death, imprisonment for life, with or without the possibility of parole, whether or not pursuant to Section 190 of the Penal Code, imprisonment for 90 days or less, or the payment of a fine, or after having been directed to pay a fine, defaults in the payment thereof, and is subject to imprisonment for more than 90 days under the judgment.
(4) Is not granted probation, or was granted probation and that probation is revoked and terminated.
(b) The Division of Juvenile Justice shall accept a person committed to it pursuant to this article if it believes that the person can be materially benefited by its reformatory and educational discipline, and if it has adequate facilities to provide that care.
(c) A person under 18 years of age who is not committed to the division pursuant to this section may be transferred to the division by the Secretary of the Department of Corrections and Rehabilitation with the approval of the Director of the Division of Juvenile Justice. In sentencing a person under 18 years of age, the court may order that the person be transferred to the custody of the Division of Juvenile Justice pursuant to this subdivision. If the court makes this order and the division fails to accept custody of the person, the person shall be returned to court for resentencing. The transfer shall be solely for the purposes of housing the inmate, allowing participation in the programs available at the institution by the inmate, and allowing division parole supervision of the inmate, who, in all other aspects shall be deemed to be committed to the Department of Corrections and Rehabilitation and shall remain subject to the jurisdiction of the Secretary of the Department of Corrections and Rehabilitation and the Board of Parole Hearings. Notwithstanding subdivision (b) of Section 2900 of the Penal Code, the secretary, with the concurrence of the director, may designate a facility under the jurisdiction of the director as a place of reception for a person described in this subdivision. The director has the same powers with respect to an inmate transferred pursuant to this subdivision as if the inmate had been committed or transferred to the Division of Juvenile Justice either under the Arnold-Kennick Juvenile Court Law or subdivision (a). The duration of the transfer shall extend until any of the following occurs:
(1) The director orders the inmate returned to the Department of Corrections and Rehabilitation.
(2) The inmate is ordered discharged by the Board of Parole Hearings.
(3) The inmate reaches 18 years of age. However, if the inmate’s period of incarceration would be completed on or before the inmate’s 25th birthday, the director may continue to house the inmate until the period of incarceration is completed.
(d) The amendments to subdivision (c), as that subdivision reads on July 1, 2018, made by the act adding this subdivision, apply retroactively.

SEC. 43.

 Section 1752.2 of the Welfare and Institutions Code, as added by Section 70 of Chapter 25 of the Statutes of 2019, is repealed.
1752.2.

(a)The Department of Youth and Community Restoration, in partnership with the California Conservation Corps and participating certified local conservation corps, shall develop and establish a precorps transitional training program within the Department of Youth and Community Restoration. This program shall operate within a facility identified by the Department of Youth and Community Restoration, with partnering state and local conservation corps responsible for program content, delivery, and administration. This program shall provide participating Department of Youth and Community Restoration corpsmembers with a training and development program to approximate the experience of serving in a conservation corps, and include opportunities for skill building, job readiness training, community service, and conservation activities. Training shall include, but is not limited to, transferable professional skills known as “soft skills,” social emotional learning, transitional life skills, and conservation jobs skills. Department of Youth and Community Restoration participants who successfully complete program curriculum shall qualify for a paid full-time placement within a local community corps program, and may be considered for a placement in the California Conservation Corps. This program shall be considered for expansion to additional Department of Youth and Community Restoration facilities if effective at reducing recidivism among participants.

(b)The Department of Youth and Community Restoration and the California Conservation Corps shall enter into an interagency agreement to implement this section. The agreement shall include input from participating certified local conservation corps.

(c)This section shall become operative July 1, 2020.

SEC. 44.

 Section 1752.2 is added to the Welfare and Institutions Code, to read:

1752.2.
 (a) The Division of Juvenile Justice, in partnership with the California Conservation Corps and participating certified local conservation corps, shall develop and establish a precorps transitional training program within the Division of Juvenile Justice. This program shall operate within a facility identified by the Division of Juvenile Justice, with partnering state and local conservation corps responsible for program content, delivery, and administration. This program shall provide participating Division of Juvenile Justice corpsmembers with a training and development program to approximate the experience of serving in a conservation corps, and include opportunities for skill building, job readiness training, community service, and conservation activities. Training shall include, but is not limited to, transferable professional skills known as “soft skills,” social emotional learning, transitional life skills, and conservation jobs skills. Division of Juvenile Justice participants who successfully complete program curriculum shall qualify for a paid full-time placement within a local community corps program, and may be considered for a placement in the California Conservation Corps. This program shall be considered for expansion to additional Division of Juvenile Justice facilities if effective at reducing recidivism among participants.
(b) The Division of Juvenile Justice and the California Conservation Corps shall enter into an interagency agreement to implement this section. The agreement shall include input from participating certified local conservation corps.

SEC. 45.

 Section 1762 of the Welfare and Institutions Code, as added by Section 4 of Chapter 857 of the Statutes of 2019, is repealed.
1762.

(a)It is the intent of the Legislature that youth with a high school diploma or California high school equivalency certificate who are detained in, or committed to, a Department of Youth and Community Restoration facility shall have access to rigorous postsecondary academic and career technical education programs that fulfill the requirements for transfer to the University of California and the California State University and prepare them for career entry, respectively.

(b)(1)The Department of Youth and Community Restoration shall, to the extent feasible using available resources, ensure that youth with a high school diploma or California high school equivalency certificate who are detained in, or committed to, a Department of Youth and Community Restoration facility have access to, and can choose to participate in, public postsecondary academic and career technical courses and programs offered online, and for which they are eligible based on eligibility criteria and course schedules of the public postsecondary education campus providing the course or program. The department is also encouraged to develop other educational partnerships with local public postsecondary campuses, as is feasible, to provide programs on campus and onsite at the Department of Youth and Community Restoration facility.

(2)These programs shall be considered part of the current responsibilities of the Department of Youth and Community Restoration to provide and coordinate services for youth that enable the youth to be law-abiding and productive members of their families and communities.

(c)For purposes of this section, “youth” means any person detained in, or committed to, a Department of Youth and Community Restoration facility.

(d)This section does not preclude youth who have not yet completed their high school graduation requirements from concurrently participating in postsecondary academic and career technical education programs.

(e)This section shall become operative on July 1, 2020.

SEC. 46.

 Section 1762 is added to the Welfare and Institutions Code, to read:

1762.
 (a) It is the intent of the Legislature that youth with a high school diploma or California high school equivalency certificate who are detained in, or committed to, a Division of Juvenile Justice facility shall have access to rigorous postsecondary academic and career technical education programs that fulfill the requirements for transfer to the University of California and the California State University and prepare them for career entry, respectively.
(b) (1) The Division of Juvenile Justice shall, to the extent feasible using available resources, ensure that youth with a high school diploma or California high school equivalency certificate who are detained in, or committed to, a Division of Juvenile Justice facility have access to, and can choose to participate in, public postsecondary academic and career technical courses and programs offered online, and for which they are eligible based on eligibility criteria and course schedules of the public postsecondary education campus providing the course or program. The division is also encouraged to develop other educational partnerships with local public postsecondary campuses, as is feasible, to provide programs on campus and onsite at the Division of Juvenile Justice facility.
(2) These programs shall be considered part of the current responsibilities of the Division of Juvenile Justice to provide and coordinate services for youth that enable the youth to be law-abiding and productive members of their families and communities.
(c) For purposes of this section, “youth” means any person detained in, or committed to, a Division of Juvenile Justice facility.
(d) This section does not preclude youth who have not yet completed their high school graduation requirements from concurrently participating in postsecondary academic and career technical education programs.

SEC. 47.

 Chapter 1.7 (commencing with Section 1990) is added to Division 2.5 of the Welfare and Institutions Code, to read:
CHAPTER  1.7. Juvenile Justice Realignment Block Grant

1990.
 (a) The Juvenile Justice Realignment Block Grant program is hereby established for the purpose of providing county based custody, care, and supervision of youth who are realigned from the state Division of Juvenile Justice or who were otherwise eligible for commitment to the Division of Juvenile Justice prior to its closure. The purpose of the grant program shall include the development and implementation of a public health model of custody, care, and supervision for realigned youth that will serve the goals of positive youth development and community safety. The purpose of the grant program shall also include the application of grant resources to support the wider engagement of community-based and nongovernmental organizations in providing programs and services to realigned youth. The purpose of the grant program shall further include local strategies to encourage and facilitate maintaining youth within the jurisdiction of the juvenile justice system in lieu of transfers of youth to the adult criminal justice system.
(b) The realignment target population for the grant program shall be defined as youth who were eligible for commitment to the Division of Juvenile Justice prior to its closure, and shall further be defined as persons who are adjudicated to be a ward of the juvenile court based on an offense described in subdivision (b) of Section 707 or on offense described in Section 290.008 of the Penal Code.

1991.
 (a) Commencing July 1, 2021 there shall be an allocation of Juvenile Justice Realignment Block Grant funds to counties for expenditure in accordance with the juvenile justice realignment plan submitted by the county and approved by the Office of Youth Justice as provided in Section 1995. Funds allocated pursuant to this section shall not be used by local agencies to supplant other funding for the population specified in subdivision (b).
(b) Allocations from the Juvenile Justice Realignment Block Grant Fund shall be used by counties to enhance the capacity of county and community agencies to provide appropriate rehabilitative services to youthful offenders who were eligible for commitment to the Division of Juvenile Justice prior to its closure. Counties, in expending Juvenile Justice Realignment Block Grant funds, shall provide all necessary services related to the custody, care, supervision and reentry of realigned youth as described in Section 1990. Grant funds received by a county shall be expended in a manner that is consistent with the juvenile justice realignment plan submitted by the county under Section 1995. Funds may be allocated by a county to one or more entities, including governmental and nongovernmental organizations. A local public agency that has the primary responsibility for making arrests and detentions or is responsible for prosecutions shall not provide custody and supervision services for the realignment population described in Section 1990.
(c) Allocations from the Juvenile Justice Realignment Block Grant Fund shall not be used by counties to pay for contracts to house juveniles outside of the state.
(d) Allocations from the Juvenile Justice Realignment Block Grant Fund shall not be used by counties to enter into contracts with private entities whose primary business is the custodial confinement of adults or youth in a prison or prison-like setting.
(e) Misuse of funds or the unauthorized use of funds allocated pursuant to this chapter shall result in sanctions, including revocation of all or a portion of funding in future years, and the imposition of fines and sanctions at the discretion of the Office of Youth Justice, Division of Regulation.

1992.
 (a) The Juvenile Justice Realignment Block Grant Fund is hereby established in the State Treasury. Notwithstanding Section 13340 of the Government Code, the money in the Juvenile Justice Realignment Block Grant Fund is continuously appropriated to the Office of Youth Justice for allocation pursuant to this chapter, for the purpose of providing rehabilitative and supervision services for the population specified in Section 1990.
(b) The following amounts shall be transferred from the General Fund to the Juvenile Justice Realignment Block Grant Fund:
(1)Twenty-six million seven hundred thousand ($26,700,000) for the 2021–22 fiscal year.
(2) Seventy-eight million nine hundred thousand ($78,900,000) for the 2022–23 fiscal year.
(3) One hundred twenty-seven million nine hundred fifty thousand ($127,950,000) for the 2023–24 fiscal year.
(4) One hundred thirty-nine million two hundred thousand ($139,200,000) for the 2024–25 fiscal year, and every fiscal year thereafter.

1993.
 (a) Juvenile Justice Realignment Block Grant funds shall be allocated annually to each county based the following method of distribution:
(1) Twenty percent of the Juvenile Justice Realignment Block Grant appropriation for 2021–22, 2022–23, and 2023–24 fiscal years shall be allocated to each county based on the county’s share of the state youth population 13 to 17 years of age, inclusive, as determined by the Department of Finance. Beginning in the 2024–25 fiscal year, 50 percent of the Juvenile Justice Realignment Block Grant appropriation shall be allocated to each county based on the county’s share of the state youth population 13 to 17 years of age, inclusive, as determined by the Department of Finance.
(2) For the 2021–22, 2022–23, and 2023–24 fiscal years, 30 percent of the Juvenile Justice Realignment Block Grant appropriation shall be allocated to each county based on the county’s share of the average total number of wards committed to the Division of Juvenile Justice in the 2017, 2018, and 2019 calendar years. Commencing in the 2024–25 fiscal year, this allocation factor shall no longer be operative or utilized to determine county allocations of grant funds.
(3) For the 2021–22, 2022–23, and 2023–24 fiscal years, and for each fiscal year thereafter, 50 percent of the Juvenile Justice Realignment Block Grant appropriation shall be allocated to each county based on the county’s share of the statewide total of youth who were eligible for commitment to the Division of Juvenile Justice in the preceding three calendar years. This class of commitment eligible youth shall consist of youth who are adjudicated each year as wards of the juvenile court based on the commission of an offense specified in subdivision (b) of Section 707 or in Section 290.008 of the Penal Code.
(b) Each county shall receive a minimum allocation of two hundred fifty thousand dollars ($250,000) in Juvenile Justice Realignment Block Grant funds for each fiscal year of the Juvenile Justice Realignment Block Grant program. Additionally, a county that recalls a ward from commitment to the Division of Juvenile Justice between January 1, 2021, and December 31, 2022, shall receive one hundred fifty thousand ($150,000) per year for each ward who is recalled to the county of commitment for each year the ward would have been confined to an institution of the division based on the average length of stay for the ward’s committing offense. The final sum of one hundred fifty thousand ($150,000) shall be prorated for any portion of a year that the ward was expected to have been confined to the division based on the average length of stay for the ward’s committing offense.

1995.
 (a) On or before May 1 of each year, each county shall prepare and submit to the Office of Youth Justice a juvenile justice realignment plan describing the facilities, programs, placements, services, supervision and reentry strategies that are to be supported by its annual allocation from the Juvenile Justice Realignment Block Grant fund. The plan shall include all of the following elements:
(1) A description of the realignment target population in the county that is to be supported or served by allocations from the block grant program, including the numbers of youth served, disaggregated by factors including their ages, offense and offense histories, gender, race or ethnicity, and other characteristics, and by the programs, placements, or facilities to which they are referred.
(2) A description of the facilities, programs, placements, services, supervision, and other responses that will be provided to the target population, including a description or specification of the public or private agencies or organizations that will operate the facilities, programs, placements, services, or responses, whether by direct appropriation or under contract with the county. The plan shall include a description of how grant funds will be applied to address each of the following areas of need or development for realigned youth:
(A) How the plan will address the mental health, sex offender treatment, or related behavioral or trauma-based needs of realignment population youth.
(B) How the plan will support programs or services that promote the healthy adolescent development of realigned youth.
(C) How the plan will address the engagement of families in grant funded programs, placements, services, supervision, or other grant-funded activities.
(D) How the plan will address and support the reentry needs of realigned youth including planning and linkages to support employment, housing, and continuing education.
(E) Whether and how the plan will include services or programs for realigned youth that are provided by nongovernmental or community-based providers.
(F) How the plan elements in this paragraph reflect or incorporate evidence-based, promising, trauma-informed, and culturally responsive practices for youth in the juvenile justice system.
(3) A detailed facility plan indicating which local, county, or regional facilities will be used to house or confine realigned youth at varying levels of offense severity and treatment need. This shall include a description of the programming, including reentry support, that will be provided to realigned youth in local custodial facilities. It shall also include a description of whether and how the county will utilize juvenile hall or camp commitment programs, whether and how the county will establish or access a secure youth treatment facility as described in Section 875, and if and how facilities will be modified to serve youth. This element of the plan shall also include information on how mixed-use facilities or programs, if supported by grant funds, will ensure the safety and protection of youth having different ages, genders, and special needs, and other relevant characteristics.
(4) A description of how the plan will incentivize or facilitate the retention of realigned youth within the jurisdiction and rehabilitative foundation of the juvenile justice system in lieu of transfers of realigned youth into the adult criminal justice system.
(5) A description of any regional agreements or arrangements to be supported by the block grant allocation pursuant to this chapter.
(6) A description of how data will be collected on the caseloads and outcomes of youth served by the block grant program, including a description the outcome measures that will be utilized to measure or determine the results of programs and interventions supported by block grant funds. Subject to standards developed by the Office of Youth Justice, the outcome measures to be included in Juvenile Justice Realignment Block Grant plans and reports shall include, for each program or service supported by grant funds in the preceding year, and insofar as grant funds will support the gathering of caseload and monitoring data necessary to track the caseloads and outcomes, at least all of the following:
(A) The number of youth served in each program or service area that is supported by grant funds, disaggregated by offense, gender, age, and race or ethnicity.
(B) The number of youth in the realignment target population who are committed to a county juvenile facility including a juvenile hall, probation camp, or secure youth treatment facility as defined in Section 875, disaggregated by facility type, offense, gender, age, and race or ethnicity, and including average length of stay.
(C) The number of youth in the realignment target population who are transferred to the jurisdiction of the adult criminal court, disaggregated by offense, gender, age, and race or ethnicity.
(D) Program completion and recidivism rates for youth in programs or facilities served by grant funds.
(b) The county plan described in subdivision (a) shall be developed by a juvenile justice coordinating council, as described in Section 749.22, and shall, at the discretion of the county, be subject to approval by the county Board of Supervisors.
(c) (1) The plan described in subdivision (a) shall be submitted by May 1 of each year to the Office of Youth Justice in a format that is specified by the office. The plan shall be subject to the approval of the office, which shall, prior to such approval, determine that the plan includes all of the plan elements described in subdivision (a) and that the plan is consistent with the purposes of the grant program as described in Section 1990. The office shall assist counties with any plan modifications that may be needed to facilitate the plan review and approval process. The office shall be advised on the process of plan reviews and approvals by an executive steering committee of the office that includes diverse juvenile justice stakeholders, system professionals, service providers, advocacy organizations, and others having expertise in the subject matter.
(2) The county juvenile justice realignment plan shall be updated annually by the county as necessary to incorporate changed circumstances or other proposed modifications of the plan.
(3) The office may add to or modify the outcome measures described in paragraph (6) of subdivision (a) and shall advise counties in a timely manner of any changes in the outcome measures in advance of the submission due date for the following year’s plan. The office shall additionally assist counties in the development of data collection and outcome measures that are to be included in the annual plan and in annual reports.

1996.
 Each county receiving an allocation from the Juvenile Justice Realignment Block Grant shall, by October 1 of each year, submit an annual report to the Office of Youth Justice on its utilization of the block grant funds in the preceding fiscal year. The report shall be in a format specified by the office and shall include all of the following:
(a) A description of the programs, placements, facilities, services, and realignment activities supported by block grant funds in the preceding fiscal year, and an accounting of all of the county’s expenditures of block grant funds for the preceding fiscal year. This shall also include a description, as applicable, of how these programs, placements, facilities, services, and responses have been cofunded during the preceding fiscal year using other state juvenile justice block grant or special program funds.
(b) A description of the youth realignment caseloads and outcomes based on the data collection and outcome measures that were included in the plan as described paragraph (6) of subdivision (a) of Section 1995.
(c) A description of any challenges, obstacles, or barriers to plan implementation that have been experienced by the county in the preceding year.

1997.
 (a) The Office of Youth Justice shall prepare and make available to the public on its internet website a summary and a copy of the annual county plans submitted in accordance with subdivision (c) of Section 1995. By March 1 of each year, the office also shall prepare and submit to the Governor and the Legislature a report summarizing county utilizations of block grant funds in the preceding fiscal year, including a summary of the facility, program, service and other relevant expenditures made by each county utilizing Juvenile Justice Realignment Block Grant funds. The annual report to the Governor and the Legislature shall also summarize the countywide caseload and outcome data and any other pertinent information submitted by counties indicating how counties are fulfilling the goals and purposes of the Juvenile Justice Realignment Block Grant as described in Section 1990.
(b) A report to be submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 48.

 Chapter 4 (commencing with Section 2200) is added to Division 2.5 of the Welfare and Institutions Code, to read:
CHAPTER  4. Office of Youth Justice
Article  1. General

2200.
 (a) Commencing May 1, 2021, there is in the California Health and Human Services Agency the Office of Youth Justice under the direction of the Director of Youth Justice.
(b) The office’s mission is to ensure that youth involved in the juvenile justice system are provided opportunities and trauma responsive, culturally informed youth development services to support their successful transition into adulthood and to help them become responsible, thriving, and engaged members of their communities.
(c) The director shall be appointed by the Governor, subject to confirmation by the Senate, and shall hold office at the pleasure of the Governor.
(d) The office is comprised of the following divisions:
(1) The Division of Regulation.
(2) The Division of Best Practices and Leadership.
(3) The Division of the Youth Advocate.
(e) Commencing May 1, 2021, the office and its divisions shall assume all juvenile justice-related duties and responsibilities held by the Board of State and Community Corrections, including, but not limited to, awarding grants, making reports, conducting inspections, developing and enforcing minimum standards for local facilities, and developing standards for selection and training of local corrections and probation personnel.

2201.
 (a) The Secretary of California Health and Human Services shall convene a committee of the California Child Welfare Council established pursuant to Section 16540, to provide input and recommendations related to the Office of Youth Justice’s policies and programs that promote a commitment to improving youth outcomes, reducing youth detention, and reducing recidivism. The committee shall be comprised of individuals, including, but not limited to, those with experience in trauma-responsive and therapeutic care of youth, youth justice advocates, youth and family members who have had direct experience with the juvenile justice system, and county probation department representatives. The committee shall be staffed by one administrative position and one senior research position with a high level of expertise and experience in California juvenile law and practice and knowledge of juvenile justice best practices to carry out the duties assigned to the committee. The senior research position may be augmented with private funding to support this temporary position. The committee shall report as part of the budget process the committee’s input and recommendations until June 30, 2025.
(b)  This section shall become inoperative on June 30, 2025, and, as of January 1, 2026, is repealed.

2202.
 (a) It is the intent of the Legislature to ensure quality care for youth who are placed in the continuum of services for youth in the juvenile justice system, including those in out of home settings.
(b) The committee established pursuant to Section 2201 shall, commencing September 1, 2020, conduct planning activities related to the following issues associated with the closure of the Division of Juvenile Justice and oversight of county functions related to juvenile justice by the Office of Youth Justice established pursuant to Section 2200, and shall submit a report to the public safety committees and public safety budget subcommittees of the Legislature on or before October 1, 2021, on the following:
(1) A framework of graduated enforcement mechanisms to be used by the Office of Youth Justice to ensure compliance with minimum standards for the operation and maintenance of local juvenile facilities. Enforcement mechanisms may include, but are not limited to, fines and civil penalties.
(2) How to transfer and improve juvenile justice related grant administration, facility oversight, and data collection and reporting functions from the Board of State and Community Corrections to the Office of Youth Justice as well as existing data management functions of the Department of Justice. In issuing the guidelines specified in this paragraph, priority shall be given to programs that promote a commitment to improving youth outcomes, reducing youth detention, and reducing recidivism. At a minimum, guidance regarding the transfer of grants shall be developed regarding both of the following:
(A) Specific grant programs to be administered by the Office of Youth Justice and the time of the transfer of grant administration, taking into account facts such as grant cycles, contracts, and reporting requirements.
(B) Any grant programs applicable to both youth and adult service providers that should continue to be administered by the Board of State and Community Corrections, and the manner in which administration should be coordinated with the Office of Youth Justice.
(c) The committee established pursuant to Section 2201 shall also submit a report to the public safety committees and budget subcommittees on public safety of the Legislature on or before January 1, 2023, on the following:
(1) How to effectuate effective, ongoing outcome-based oversight of the providers and systems serving youth under juvenile court jurisdiction, including how to measure quality improvement and program effectiveness.
(2) The continued refinement of viable dispositional alternatives to reduce transfers to adult court based on research, data, and identification of key programmatic elements, including environmental factors.
(3) Strategies to reduce length of stay, reliance on locked facilities and out-of-state placements for youth, and identification of alternative residential and community based programs.
(4) How the provision of an integrated, comprehensive set of services, including mental health, education, and other critical services, support the achievement of well-being and safety outcomes and the reduction of recidivism for youth under juvenile court jurisdiction.
(5) How changes in the oversight, enforcement, and auditing processes can improve the quality of care providers, the quality of services and programs provided, and enhance the oversight of care provided to youth, including, but not limited to, administrator qualifications and the assignment or reassignment of these responsibilities to the Office of Youth Justice.
(d) For the considerations identified in subdivisions (b) and (c), the committee recommendations shall be based on analysis of available facilities and their capacity, programs, placements, services, supervision, and other responses, including related costs and analysis of data on youth adjudicated of offenses described in subdivision (b) of Section 707 or set forth in paragraph (3) of subdivision (d) of Section 290 of the Penal Code for each county disaggregated by juvenile court disposition and race and ethnicity, gender, and age of youth at the time of offense.
(e) The committee shall meet no less than quarterly.
(f) All committee reports shall be made publicly available by the California Health and Human Services Agency on a public internet website.
(g) The committee established pursuant to Section 2201 shall provide recommendations to the Legislature and the Governor until June 30, 2025.
(h)  This section shall become inoperative on June 30, 2025, and, as of January 1, 2026, is repealed.

Article  2. Division of Regulation

2210.
 (a) There is in the Office of Youth Justice the Division of Regulation. The division shall have the authority and responsibility to do all of the following:
(1) Establish and revise minimum standards for the operation and maintenance of local juvenile facilities. Commencing May 1, 2021, the division shall succeed the Board of State and Community Corrections in regard to the authority granted pursuant to Section 210, 210.1, and 210.2 and shall enforce regulations promulgated pursuant to those sections.
(2) Monitor compliance with standards through regularly scheduled inspections and unannounced inspections.
(3) Review annual inspection reports and recommendations of county or regional juvenile justice commissions made pursuant to Section 229 and to communicate with judges regarding their annual inspections conducted pursuant to Section 209.
(4) Implement a system of graduated penalties by regulation as specified in paragraph (1) of subdivision (b).
(b) The division shall have the authority to do both of the following:
(1) Enforce minimum standards through the enforcement mechanism developed pursuant to paragraph (7) of subdivision (a) of Section 2202.
(2) Issue subpoenas to ensure full access to county-level documents, data, real evidence, and direct testimony.

Article  3. Division of Best Practices and Leadership

2220.
 There is in the Office of Youth Justice the Division of Best Practices and Leadership. The division shall have all of the following responsibility and authority:
(a) Provide statewide leadership and vision through all of the following:
(1) Collecting and analyzing data regarding all youth in the juvenile justice system.
(2) Reporting of analyses and the Office of Youth Justice’s annual work.
(3) Publishing best practices information and resources.
(4) Training and facilitating learning communities for juvenile justice system stakeholders, including, but not limited to, core and continuation training for local juvenile corrections and probation entry, supervisory, and management personnel.
(5) Sharing resources and training with local juvenile justice commissions established pursuant to Article 2 (commencing with Section 225) of Chapter 2 of Part 1 of Division 2.
(b) To administer grants.

Article  4. Division of Youth Advocate

2230.
 There is in the Office of Youth Justice the Division of the Youth Advocate. The division has the responsibility and authority to do all of the following:
(a) Investigate complaints from youth, families, staff, and others about harmful conditions or practices, violations of laws and regulations governing facilities, and circumstances presenting an emergency situation, including, but not limited to, lack of outdoor recreation, lack of visitation, lack of access to medical attention, the use of physical restraints, and the failure to provide personal protective equipment or other protections for youth and staff during a pandemic or health crisis.
(b) Resolve complaints when possible, collaborating with facility administrators and staff to develop resolutions that may include training.
(c) Refer complains to appropriate investigative authorities if required by law or if action is needed by local investigatory bodies or personnel.
(d) Refer to the Division of Regulation possible violations of standards.
(e) Make referrals to other agencies, including, but not limited to, the Attorney General, if further investigation is needed.
(f) Convey issues that may call for additional or revised regulations to the Division of Regulation.
(g) Convey issues that suggest the need for new or different training and technical assistance to the Division of Best Practices and Leadership.
(h) Publish and provide regular reports to the Legislature about complaints received, subsequent findings and actions taken, and any gaps in oversight mechanisms that need attention and provide the reports to the Board of Supervisors, the juvenile justice commission, other local oversight agencies, and state legislators for counties connected to complaints included in the reports.

Article  5. Youth Justice Council

2240.
 (a) The Youth Justice Council shall serve as an advisory body to the Office of Youth Justice.
(b) (1) The council shall be comprised of all of the following members:
(A) The chief probation officer of a county with a population over 200,000.
(B) The chief probation officer of a county with a population less than 200,000.
(C) An expert in trauma-responsive care.
(D) An expert in adolescent behavioral health.
(E) An expert in mental health.
(F) A nongovernmental community-based youth service provider from a county with a population over 200,000.
(G) A nongovernmental community-based youth service provider from a county with a population under 200,000.
(H) An individual who was formerly subject to confinement in the juvenile justice system.
(I) An individual who was formerly under youth probation supervision.
(J) An individual younger than 25 years of age at the time of appointment who was previously involved in the juvenile justice system.
(K) A parent or guardian of a youth who was formerly involved in the juvenile justice system.
(L) Two youth advocates with expertise and knowledge of the juvenile justice system and proven, promising, and community-tested practices.
(M) An education advocate with expertise in secondary and postsecondary education pathways.
(N) A current or former juvenile court judge appointed by the Judicial Council.
(O) A member of the Senate appointed by the President pro Tempore of the Senate.
(P) A member of the Assembly appointed by the Speaker of the Assembly.
(2) Except for those members specified in subparagraphs (N), (O), and (P) of paragraph (1), all members of the council shall be appointed by the Governor, subject to Senate confirmation. All members shall serve three-year terms and may be reappointed to additional terms. Members of the council shall select two cochairs to serve two-year terms. Cochairs may be reselected to serve additional terms.
(c) The council shall, at a minimum, hold quarterly meetings.
(d) (1) The council shall monitor and report to the Governor, Legislature, and Judicial Council the extent to which local youth justice systems are responsive to the needs of youth. The reports shall be submitted at least annually and shall include the following minimum recommendations:
(A) Recommendations for increasing program quality, appropriateness, and effectiveness.
(B) Recommendations for promoting consistency of quality services offered across counties.
(C) Recommendations for coordinating the administration of different grant programs to avoid duplication and ensure distribution of funding across a continuum of care.
(D) Recommendations for developing systematic methods for obtaining recommendations from youth currently and formerly involved in the juvenile justice system regarding policies, standards, programming, and other juvenile justice system issues.
(E) Recommendations for improving data collection and other methods to evaluate outcomes for youth involved in the juvenile justice system.
(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(e) The council shall have access to aggregate data and information concerning juvenile justice systems held by state and local departments, agencies, and courts.

SEC. 49.

 Chapter 5 (commencing with Section 2250) is added to Division 2.5 of the Welfare and Institutions Code, to read:
CHAPTER  5. Regional Youth Facilities Grant Program

2250.
 (a) Upon appropriation by the Legislature of thirty-four million dollars ($34,000,000), the Youth Facilities Grant Program shall be administered by the Office of Youth Justice to award one-time grants, on a competitive basis, to qualified local entities for the purpose of providing resources for infrastructure related needs and improvements to establish a regional youth facility for youth under the juvenile court’s jurisdiction that are adjudicated for an offense specified in subdivision (b) of Section 707, including wards who are subject to Section 875. The office shall award grants, that in total, support a minimum of 200, but no more than 300, secure regional placements
(b) The office shall be advised by an executive steering committee that includes diverse juvenile justice stakeholders, system professionals, service providers, advocacy organizations, and others having subject matter expertise in the development and implementation of a one-time grant program for the population described in this section, including, but not limited to, application procedures, selection criteria, and reporting requirements.
(c) Grants issued pursuant to this section shall support both of the following purposes:
(1) The provision of geographically diverse, secure placements and programming for the population specified in subdivision (a) that shall be utilized used by other counties based on contractual agreements.
(2) To support upgrading or modifying physical plant features to enhance security and program delivery, including but not limited to, establishing a secure perimeter, security cameras, and other physical enhancements.
(d) Funding shall not be used to increase the total number of existing beds or bed capacity within the county or to construct new buildings.
(e) The minimum qualifications to be awarded a grant are as follows:
(1) The ability to provide a minimum of 30 beds, but no more than 90 beds, in a secure setting. A secure setting is defined by a locked facility with a secure perimeter. The provider shall satisfy this qualification at the time of applying for the grant or be able to demonstrate the ability to satisfy the qualification within the grant period before being awarded the grant.
(2) The demonstrated ability to provide rehabilitative programming in this secure setting that adheres to best practices, is evidence based or research based, trauma informed, and designed to improve youth outcomes and reduce recidivism.
(3) The availability of diverse staff members with experience or background in youth development and addressing youth delinquency using best practices, including but not limited to trauma informed, culturally appropriate programs, and interventions.
(4) Submission of a plan that details how other counties can contract with the recipient county for use of the regional facility, including how family connection will be supported.
(f) Each entity receiving a grant from the Regional Youth Facilities Grant Program, shall submit a detailed report to the office with the following information:
(1) An accounting of expenditures.
(2) A description of the physical and system enhancements made.
(3) How many regional placement beds were supported with the funding.
(4) What proportion of the regional placement beds were contracted to other counties and which counties.
(g) Local governments and nongovernment entities are eligible to apply for the grant specified in subdivision (a), however, a nongovernmental entity is required to have an agreement in place with the county to provide these services.
(h) A local public agency that has making arrests and detaining suspects as its primary responsibility, or which is responsible for prosecutions, is ineligible to apply for this grant.
(i) Funds from the Regional Youth Facilities Grant Program shall not be used by counties to enter into contracts with private entities whose primary business is the custodial confinement of adults or youth in a prison or prison-like setting.
(j) (1) The office shall complete and submit no later than October 1, 2024, a report to the budget and public safety policy committees of the Legislature describing the expenditures of the Regional Youth Facilities Grant Program, including, but not limited to, recipients and award amounts, how funding was spent, how many regional placements were supported and a detailed description of the counties that contracted to utilize the regional facility beds. The report shall also be made available to the public on the office’s internet website.
(2) The report required by paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(k) Any costs incurred by the office in connection with the development or administration of the grant program shall be deducted from the amount appropriated before awarding any grants, not to exceed three percent of the amount appropriated.
(l)  This chapter shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 50.

 Chapter 6 (commencing with Section 2260) is added to Division 2.5 of the Welfare and Institutions Code, to read:
CHAPTER  6. Youth and Community Restoration Grant Program

2260.
 (a) The Youth and Community Restoration Grant Program shall be administered by the Office of Youth Justice.
(b) (1) The purpose of the grant program is to promote, develop, and implement effective local responses and positive outcomes for youth adjudicated for offenses specified in subdivision (b) of Section 707, in accordance with the following principles:
(A) The purpose of the youth justice system is to provide treatment, education, and programming for youth consistent with the goals of positive youth development and community safety.
(B) Placement or confinement should be a last resort. If ordered into placement or confinement, youth shall be housed in residential or custodial locations that are close to home, to the extent possible, to facilitate family engagement, linkages with community services, and effective reentry planning and supports.
(C) Lengths of stay in confinement should be gauged to the amount of time necessary to provide treatment and to prepare youth for safe return into the community and should further be based on juvenile justice system research and national best practices for length-of-stay in confinement.
(D) Youth should have access to specialized treatment and programming that can meet the youth’s assessed needs in the areas of health, mental health, substance abuse, sex offender treatment, older youth, and other specialized areas of care.
(E) Programs and interventions provided with this funding shall be culturally responsive and applied in the context of plans and strategies to reduce and eventually eliminate racial and ethnic disparities.
(2) The target population to be served by the grant program shall include youth who are adjudicated as wards of the juvenile court based on the commitment of an offense described in subdivision (b) of Section 707, or Section 290.008 of the Penal Code.
(c) Grants shall be awarded to applicants, as defined subdivision (d), in a competitive grant program to be administered by the office. Funds shall be awarded to applicants based on criteria that are contained in a request for proposal to be developed by the office and which shall include the following fund allocation criteria:
(1) From the total funds available, the office may set lower maximum grant amounts for grants in designated service or program areas and may provide that grant funds and amounts are to be distributed in categories according to geographic, demographic, or target population criteria to be developed by the office.
(2) To the extent that funds are appropriated for this purpose, applicants awarded grants in the first year of funding for the Youth and Community Restoration Grant program shall have priority for continuation funding at the conclusion of the three year grant cycle unless they fail to meet the performance criteria specified by the office.
(d) Applicants may include any of the following:
(1) County partnership applicants. A county partnership applicant means a county applicant that engages a partnership of program or service providers in the activities of the grant. The partnership may include public or private agencies as service providers. The county applicant shall designate a lead agency for administration of the grant, including responsibility for contracts or subcontracts for services. The lead agency may be a public or private agency as approved by the county Board of Supervisors.
(2) Nongovernmental applicants. A nongovernmental applicant shall be a not-for-profit organization or entity that is experienced in providing services supporting youth development.
(3) Governmental applicants. A government applicant shall be any county government entity that does not have as its primary responsibility arrest and detention or prosecution in the county.
(4) Regional applicants. Two or more county partnership applicants may submit an application for a regional program to serve youth in the grant target population that are referred by one or more counties.
(e) Grant funds may be expended on custody, placement, supervision, services, and reentry programs and activities that meet the following criteria:
(1) Custody or placement programs shall, to the extent feasible, be located in the communities or in close proximity to the communities where youth served by the program reside or are expected to reside upon completion of the placement program. This shall not preclude grants for regional programs that serve specialized populations referred by more than one county.
(2) Custody or placement programs shall provide lengths of stay modeled after national best practices that are aligned with the treatment needs of youth.
(3) Custody or placement programs shall be limited to not more than 30 persons unless an applicant for a regional program can demonstrate that a larger population is necessary to serve referrals from additional counties and that the program is otherwise consistent with the criteria in this subdivision.
(4) Funded programs shall provide services to realigned youth that are trauma-informed, evidenced-based or promising, and culturally responsive to the needs of the population served by the grant.
(5) Funded programs shall either provide or be linked to a reentry service component that offers and provides essential supports to realigned youth to facilitate community reintegration including, but not limited to, assistance with housing, employment, education and other reentry supports.
(6) Funded programs may be programs that provide specialized services for youth in high needs areas, including, but not limited to, sex offender, mental health, substance abuse treatment, and older youth.
(7) Funded programs may seek to replicate promising or exemplary programs, or elements thereof, based on other-state or research-based models of placement and care for youth at higher levels of offense severity including models for youth at risk of transfer to the adult criminal justice system.
(8) Funded programs may also be innovative or promising programs, services, and supports for youth that are consistent with the principles described in subdivision (b) and that are designated by the office as appropriate for inclusion in the request for proposals.
(f) (1) Each applicant shall describe how the placement, program, or service for which funding is sought will be integrated with or will supplement other placements, programs, or services for target population youth in the county or geographic area in which the program will operate, including any plan to solicit or utilize funds from other sources to support the program. If subcontracts or other partnerships are included in the application, the applicant shall include letters of commitment or support from those contractors or partners to the extent they have been identified.
(2) Each applicant shall also describe in its application how referrals will be made to the placement, program, or service including acceptance criteria and a description of how the placement, program, or service will operate in a manner that does not involve the imposition of sanctions or interventions on youth whose needs can be met without deeper penetration into the juvenile justice system.
(g) Grant-funded programs shall include a data collection and outcome measure plan that meets criteria for data collection, outcome measures, and evaluation that are developed by the office and included in the request for proposals. Each funded program shall include an evaluation plan as specified by the office. The office may require that applicants set aside a share of grant funds to support data collection, outcome measures, and evaluation requirements.
(h) Funds from the Youth and Community Restoration Grant Program shall not be used by counties to enter into contracts with private entities whose primary business is the custodial confinement of adults or youth in a prison or prison-like setting.
(i) Misuse of funds or the unauthorized use of funds allocated pursuant to this chapter shall result in sanctions, including revocation of all or a portion of funding in future years, and the imposition of fines and sanctions at the discretion of the Office of Youth Justice, Division of Regulation.
(j) The office shall convene an executive steering committee to develop the request for proposals that shall include broad representation of persons having subject matter expertise in the design, development, operation, and performance of residential and nonresidential programs and services for youth constituting the target population for the grant described in subdivision (b). The committee shall include persons with experience in specialized service areas including behavioral health, sex offender treatment, and reentry programming. The committee shall also include a minimum of two formerly juvenile justice system-involved individuals. The office shall additionally, prior to adoption of the request for proposals, convene at a minimum of three community meetings, including one each in a northern, central, and southern California location, to solicit input from a broad range of community, professional, citizen, and stakeholder groups as to the types of programs, placements, services, and other elements of the grant program that are best suited to meet the needs of the target population and the goals of the grant program.
(k) Of the funds made available to the office for the Youth and Community Restoration Grant Program, no more than $500,000 may be used for the administrative costs to the office to implement the grant program. Additionally the office may set aside up to $250,000 of funds appropriated for purposes of the grant program, exclusive of other administrative costs, to contract with a research firm or university to conduct a statewide evaluation of the grant program and its outcomes over a three-year grant period.
(l) (1) Within 10 days of awarding funds to applicants under the grant program, the office shall post on its website a summary description of funded programs including the amount of funds for each such program. The office shall prepare and submit to the budget committees of the Legislature, by April 1 of the second year in which funded programs have been operating, a progress report on grant implementation including the placements, program services, and other grant-funded activities. Additionally, the office shall submit to the budget committees of the Legislature a report from the evaluation consultant retained under the provisions of subdivision (i) no later than six months following the completion of the first three-year cycle of grant-funded programs.
(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 51.

 It is the intent of the legislature that the funding provided to the Office of Youth Justice, pursuant to the Budget Act of 2020, be utilized by counties in the development of a local continuum of care that ranges from nonresidential community-based services to local or regional enhanced treatment residential facilities. It is further the intent of the legislature that this funding be used to support the development of locally or regionally based sex-offender treatment programs.

SEC. 52.

  If the Commission on State Mandates determines that this act contains 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.

SEC. 53.

  This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.
SECTION 1.

It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2020.