CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

97

CHAPTER 193

Statutes of 2024

[ Approved by Governor August 19, 2024. Filed with Secretary of State August 19, 2024. ]

Introduced by Senator Smallwood-Cuevas

February 16, 2024

An act to amend Sections 256, 257, and 660.5 of the Welfare and Institutions Code, relating to juveniles.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law provides that a juvenile hearing officer may hear and dispose of any case in which a minor under the age of 18 years is alleged to have committed any one of specified misdemeanors or infractions. In those cases, the juvenile court is known as the Informal Juvenile and Traffic Court. Existing law establishes the Expedited Youth Accountability Program, operative in Los Angeles County, and in other counties upon approval of the board of supervisors, as specified. The program provides for the issuance of citations requiring the appearance of minors not detained for any felony or misdemeanor offense, and not cited to the Informal Juvenile and Traffic Court, before the juvenile court.

This bill would modify the ages that a person must be to fall under the jurisdiction of the Informal Juvenile and Traffic Court and Expedited Youth Accountability Program to between 12 years of age and 17 years of age, inclusive.

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

SECTION 1.

The Legislature finds and declares all of the following:

(a) In 2018, Governor Edmund G. Brown Jr. signed Senate Bill 439 of the 2017–18 Regular Session into law, authored by then-Senator Holly J. Mitchell. Senate Bill 439 amended Sections 601 and 602 of the Welfare and Institutions Code to remove the juvenile court’s delinquency jurisdiction for youth under 12 years of age, with five limited exceptions for violent crimes.

(b) Through deliberations on Senate Bill 439, the Legislature, “…recognized that the brain and moral development of adolescents is not as formed as that of an adult, [and] ... that the brain and moral development of pre-adolescents is likely even less so. Based on this rationale, and on the assertion that involvement [in] the juvenile justice system can cause more harm than benefit to a minor, this bill generally limits juvenile court jurisdiction to children over the age of 12.” (Bill analysis of Senate Bill 439, Assembly Committee on Public Safety, June 12, 2018.)

(c) The Legislature also recognized that “exclud[ing] children younger than 12 years of age from contact with the juvenile justice system … is an important policy goal for the state of California.” (Bill analysis of Senate Bill 439, Senate Committee on Public Safety, April 4, 2017.)

(d) Accordingly, SB 439 “limit[ed] juvenile court jurisdiction to children over the age of 12.” (Bill analysis of Senate Bill 439, Assembly Committee on Public Safety, June 27, 2017.)

(e) However, despite the Legislature’s stated broad intent with these statutory changes, informal or expedited procedures for adjudicating youth under the age of 12 charged with nonviolent crimes still persist in California.

(f) It is the Legislature’s intent to clarify the scope of Senate Bill 439 and align the letter of this law with its intent to ensure that young children are protected from the negative impacts of formal justice system involvement and to promote their rights, health, and well-bring through alternative child-serving systems.

(g) The Legislature reaffirms its support for utilizing research- and evidence-based, trauma-informed, community-based programs that include alternatives to arrest, incarceration, and formal involvement with the juvenile justice system, and which aim to deflect or divert youth from justice system engagement at the earliest possible point. (See Sections 1450 to 1459, inclusive, of the Welfare and Institutions Code, the Youth Reinvestment Grant Program; Office of Juvenile Justice and Delinquency Prevention, “Literature Review - Diversion from Formal Juvenile Court Processing” (Feb. 2017), available at https://www.ojjdp.gov/mpg/litreviews/Diversion_Programs.pdf; Illinois Juvenile Justice Commission, “Preventing Youth Arrests through Deflection: Best Practices and Recommendations” (Nov. 2020), available at https://ijjc.illinois.gov/resources/publications/reports/preventing-youth-arrests-through-deflection/.) Informal or expedited courts or processes that are not grounded in research or evidence and that do not serve to deflect or divert youth from justice system involvement can be harmful to youth and lead to continued involvement with the juvenile justice system.

(h) The Legislature reaffirms its intent “that truancy and other status offenses be diverted from citation, arrest, and court.” (Assembly Bill 901 of the 2019–20 session, Section 1, subdivision (c).)

(i) For status offenses, including truancy, youth should instead be referred “to a community-based resource, the probation department, a health agency, a local educational agency, or other governmental entities that may provide services,” as described in subdivision (d) of Section 601 of the Welfare and Institutions Code.

(j) The Legislature reaffirms its intent that schools use “a research-based framework with strategies that improve behavioral and academic outcomes, that are age appropriate and designed to address and correct the pupil’s specific misbehavior,” including, among other means of correction, “participation in a restorative justice program.” (Subdivision (v) of Section 48900 and Section 48900.5 of the Education Code.)

SEC. 2.

Section 256 of the Welfare and Institutions Code is amended to read:

256.

Subject to the orders of the juvenile court, a juvenile hearing officer may hear and dispose of any case in which a minor who is between 12 years of age and 17 years of age, inclusive, as of the date of the alleged offense is charged with (1) any violation of the Vehicle Code, except Section 23136, 23140, 23152, or 23153 of that code, not declared to be a felony, (2) a violation of subdivision (m) of Section 602 of the Penal Code, (3) a violation of the Fish and Game Code not declared to be a felony, (4) a violation of any of the equipment provisions of the Harbors and Navigation Code or the vessel registration provisions of the Vehicle Code, (5) a violation of any provision of state or local law relating to traffic offenses, loitering or curfew, or evasion of fares on a public transportation system, as defined by Section 99211 of the Public Utilities Code, (6) a violation of Section 27176 of the Streets and Highways Code, (7) a violation of Section 640 or 640a of the Penal Code, (8) a violation of the rules and regulations established pursuant to Sections 5003 and 5008 of the Public Resources Code, (9) a violation of Section 33211.6 of the Public Resources Code, (10) a violation of Section 25658, 25658.5, 25661, or 25662 of the Business and Professions Code, (11) a violation of subdivision (f) of Section 647 of the Penal Code, (12) a misdemeanor violation of Section 594 of the Penal Code, involving defacing property with paint or any other liquid, (13) a violation of subdivision (b), (d), or (e) of Section 594.1 of the Penal Code, (14) a violation of subdivision (b) of Section 11357 of the Health and Safety Code, (15) any infraction, (16) any misdemeanor for which the minor is cited to appear by a probation officer pursuant to subdivision (f) of Section 660.5, or (17) a violation of subdivision (b) of Section 601 that is due to having four or more truancies, as described in Section 48260 of the Education Code, within one school year.

SEC. 3.

Section 257 of the Welfare and Institutions Code is amended to read:

257.

(a) (1) Except in the case of infraction violations, with the consent of the minor, a hearing before a juvenile hearing officer, or a hearing before a referee or a judge of the juvenile court, when the minor, who is between 12 years of age and 17 years of age, inclusive, is charged with an offense as specified in this section, may be conducted upon an exact legible copy of a written notice given pursuant to Article 2 (commencing with Section 40500) of Chapter 2 of Division 17 or Section 41103 of the Vehicle Code, or an exact legible copy of a written notice given pursuant to Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code when the offense charged is a violation listed in Section 256, or an exact legible copy of a citation as set forth in subdivision (e) of Section 660.5, or an exact legible copy of the notice given pursuant to subdivision (d) of Section 601 when the minor is within the jurisdiction of the juvenile court pursuant to subdivision (b) of Section 601, in lieu of a petition as provided in Article 16 (commencing with Section 650).

(2) Notwithstanding any other law, in the case of infraction violations, consent of the minor is not required prior to conducting a hearing upon written notice to appear.

(b) Prior to the hearing, the judge, referee, or juvenile hearing officer may request the probation officer to commence a proceeding, as provided in Article 16 (commencing with Section 650), in lieu of a hearing in Informal Juvenile and Traffic Court.

SEC. 4.

Section 660.5 of the Welfare and Institutions Code is amended to read:

660.5.

(a) This section shall be known as the Expedited Youth Accountability Program. It shall be operative in the superior court in Los Angeles County. It shall also be operative in any other county in which a committee consisting of the sheriff, the chief probation officer, the district attorney, the public defender, and the presiding judge of the superior court votes to participate in the program, upon approval by the board of supervisors.

(b) It is the intent of the Legislature to hold nondetained, delinquent youth accountable for their crimes in a swift and certain manner.

(c) Each county participating in the Expedited Youth Accountability Program shall establish agreed upon time deadlines for law enforcement, probation, district attorney, and court functions which shall assure that a case which is to proceed pursuant to this section shall be ready to be heard within 60 calendar days after the minor is cited to the court.

(d) (1) Notwithstanding Sections 658, 659, and 660, if a minor, who is between 12 years of age and 17 years of age, inclusive, is not detained for any misdemeanor or felony offense and is not cited to Informal Juvenile and Traffic Court pursuant to paragraphs (1) to (15), inclusive, of Section 256 and Section 853.6a of the Penal Code, the peace officer or probation officer releasing the minor shall issue a citation and obtain a written promise to appear in juvenile court, or record the minor’s refusal to sign the promise to appear and serve a notice to appear in juvenile court. The appearance shall not be set for more than 60 calendar days nor less than 10 calendar days from the issuance of the citation. If the 60th day falls on a court holiday, the appearance date shall be on the next date that the court is in session. The date set for the appearance of the minor shall allow for sufficient time for the probation department to evaluate eligible minors for informal handling under Section 654 or any other disposition provided by law. However, nothing in this section shall be construed to limit or conflict with Sections 653.1 and 653.5.

(2) Upon receipt of the citation and petition, but in no event less than 72 hours, excluding nonjudicial days and holidays prior to the hearing, the clerk of the juvenile court shall issue a copy of the citation and petition to the public defender or the minor’s attorney of record. If a copy of the citation and petition is not provided at least 72 hours, excluding nonjudicial days and holidays prior to the hearing, it shall be grounds to request a continuance pursuant to Sections 682 and 700. At a hearing conducted under Section 700, the minor and minor’s parent or guardian shall be furnished a copy of the petition and any other material required to be provided under Section 659.

(3) The original citation and promise or notice to appear shall be retained by the court if a petition is filed. In addition, there shall be three copies of the citation and promise or notice to appear, which shall be distributed as follows:

(A) One copy shall be provided to the person to whom the citation is issued.

(B) One copy shall be provided to the probation department.

(C) If a petition is requested, the second copy of the citation shall go to the district attorney along with the petition request, and the third copy shall be retained by the agency issuing the citation.

(4) The original citation shall include a copy of all police reports relating to the citation and a petition request. The citation shall contain the following information:

(A) Date, time, and location of the issuance of the citation.

(B) The name, address, telephone number if known, driver’s license number, age, date of birth, sex, race, height, weight, hair color, and color of eyes of the person to whom the citation is issued.

(C) A list of the offenses and the location where the offense or offenses were committed.

(D) Date and time of the required court appearance.

(E) Address of the juvenile court where the person to whom the citation is issued is to appear.

(F) A preprinted promise to appear which is signed by the person to whom the citation is issued, or where the person refused to sign the written promise, the notice to appear.

(G) A preprinted declaration under penalty of perjury that the above information is true and correct, signed by the peace officer or probation officer issuing the citation.

(H) A statement that the failure to appear is punishable as a misdemeanor.

(e) The minor’s parent or guardian shall be issued a citation in the same manner as described in subdivision (b).

(f) The willful failure to appear in court pursuant to a citation or notice issued as required pursuant to this section is a misdemeanor.

(g) (1) Notwithstanding Section 662, if a parent or guardian to whom a citation has been issued pursuant to this section fails to appear, a warrant of arrest may issue for that person. A warrant of arrest may also issue for a parent or guardian who is not personally served where efforts to effect personal service have been unsuccessful, upon an affidavit, under penalty of perjury, signed by a peace officer stating facts sufficient to establish that all reasonable efforts to locate the person have failed or that the person has willfully evaded service of process.

(2) Notwithstanding Section 663, if a minor to whom a citation has been issued pursuant to this section fails to appear, and the minor’s parent or guardian has either appeared or the prerequisite conditions for issuing a warrant against the minor’s parent or guardian under paragraph (1) have been met, a warrant of arrest may issue for the minor.

(3) A warrant of arrest may also issue for a minor who is not personally served where each of the following occur:

(A) Efforts to effect personal service have been unsuccessful.

(B) An affidavit is submitted under penalty of perjury, signed by a peace officer, stating facts sufficient to establish that all reasonable efforts to locate the minor have failed or that minor has willfully evaded service of process.

(C) The minor’s parent or guardian has either appeared or the prerequisite conditions for issuing a warrant against the minor’s parent or guardian under paragraph (1) have been met.

(h) (1) Notwithstanding Section 654 or any other provision of law, a probation officer in a county in which this subdivision is applicable may, in lieu of filing a petition or proceeding under Section 654, issue a citation in the form described in subdivision (d) to the Informal Juvenile and Traffic Court pursuant to Section 256 for any misdemeanor except the following:

(A) Any crime involving a firearm.

(B) Any crime involving violence.

(C) Any crime involving a sex-related offense.

(D) Any minor who has previously been declared a ward of the court.

(E) Any minor who has previously been referred to juvenile traffic court pursuant to this section.

(2) This subdivision shall apply only if the case will be heard by a juvenile hearing officer who meets the minimum qualifications of a juvenile court referee and only in those counties in which a committee consisting of the sheriff, the chief probation officer, the district attorney, the public defender, and the presiding judge of the superior court vote for this subdivision to apply and then only upon approval of the board of supervisors. This approval shall be required in Los Angeles and all other counties participating in the program, and shall be in addition to that required by subdivision (a) for participation in the Expedited Youth Accountability Program.

(3) In counties in which this subdivision is applicable, the probation department shall conduct a risk and needs assessment for each minor eligible for citation to the Informal Juvenile and Traffic Court pursuant to paragraph (1). The risk and needs assessment shall consider the best interest of the minor and the protection of the community. It shall also include an assessment of whether the child has any significant problems in the home, school, or community, whether the matter appears to have arisen from a temporary problem within the family which has been or can be resolved, and whether any agency or other resource in the community is better suited to serve the needs of the child, the parent or guardian, or both.

(i) In the event that the probation officer places a minor on informal probation or cites the minor to Informal Juvenile and Traffic Court, or elects some other lawful disposition not requiring the hearing set forth in subdivision (b), the probation officer shall so inform the minor and his or her parent or guardian no later than 72 hours, excluding nonjudicial days and holidays, prior to the hearing, that a court appearance is not required.

(j) Except as modified by this section, the requirements of this chapter shall remain in full force and effect.

(k) This section shall be operative on January 1, 1998, and shall be implemented in all branches of the juvenile court in Los Angeles County on or before July 1, 1998.

(l) It is the intent of the Legislature that an interim hearing be conducted by appropriate policy committees in the Legislature prior to January 1, 2002, to examine the success of the program in expediting punishment for juvenile offenses, reducing delinquent behavior, and promoting greater accountability on the part of juvenile offenders.