Bill Text: CA AB2094 | 2009-2010 | Regular Session | Amended
Bill Title: Juvenile justice.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-04-20 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB2094 Detail]
Download: California-2009-AB2094-Amended.html
BILL NUMBER: AB 2094 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 6, 2010
INTRODUCED BY Assembly Member Torrico
FEBRUARY 18, 2010
An act to amend Section 13711 of the Penal Code, relating
to domestic violence. An act to amend Sections 12803
and 12838 of, and to repeal Section 12838.3 of, the Government Code,
relating to juvenile justice.
LEGISLATIVE COUNSEL'S DIGEST
AB 2094, as amended, Torrico. Domestic violence:
restraining order. Juvenile justice.
Existing law provides that the Department of Corrections and
Rehabilitation includes Juvenile Justice.
This bill would repeal that provision and instead create the
Division of Juvenile Justice within the California Health and Human
Services Agency. The bill also would make other conforming changes.
Existing law creates within the Department of Corrections and
Rehabilitation under the Chief Deputy Secretary for Juvenile Justice,
the Division of Juvenile Facilities, the Division of Juvenile
Programs, and the Division of Juvenile Parole Operations.
This bill would instead create those positions and divisions
within the California Health and Human Services Agency.
Existing law requires that whenever a protection order with
respect to domestic violence incidents is applied for or issued, it
shall be the responsibility of the clerk of the superior court to
distribute a pamphlet to the person who is to be protected by the
order that includes the specified elements.
This bill would require the clerk to deliver the pamphlet to the
person who is to be protected by the order.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12803 of the
Government Code is amended to read:
12803. (a) The California Health and Human Services Agency
consists of the following departments: Health Care Services; Mental
Health; Developmental Services; Public Health; Social Services;
Alcohol and Drug Abuse; Aging; Rehabilitation; and Community Services
and Development.
(b) The agency also includes the Office of Statewide Health
Planning and Development and the State Council on Developmental
Disabilities.
(c) The Department of Child Support Services is hereby created
within the agency commencing January 1, 2000, and shall be 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) There is hereby created within the California Health and Human
Services Agency the Division of Juvenile Justice which shall be
headed by the Chief Deputy Secretary for Juvenile Justice. There is
hereby created within the Division of Juvenile Justice the Division
of Juvenile Facilities, the Division of Juvenile Programs, and the
Division of Juvenile Parole Operations. Each of those three divisions
shall be headed by a chief, who shall be appointed by the Governor,
at the recommendation of the secretary, subject to Senate
confirmation, who shall serve at the pleasure of the Governor.
(e) (1) Commencing January 1, 2010, any reference to the
Department of Corrections and Rehabilitation, Division of Juvenile
Justice refers to the California Health and Human Services Agency,
Division of Juvenile Justice.
(2) Commencing January 1, 2010, any reference to the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities
refers to the California Health and Human Services Agency, Division
of Juvenile Facilities.
(3) Commencing January 1, 2010, any reference to the Department of
Corrections and Rehabilitation, Division of Juvenile Programs refers
to the California Health and Human Services Agency, Division of
Juvenile Programs.
(4) Commencing January 1, 2010, any reference to the Department of
Corrections and Rehabilitation, Division of Juvenile Parole
Operations refers to the California Health and Human Services Agency,
Division of Juvenile Parole Operations.
SEC. 2. Section 12838 of the Government
Code is amended 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 , Juvenile Justice ,
the Corrections Standards Authority, the Board of Parole 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 two under secretaries of the Department of Corrections and
Rehabilitation, subject to Senate confirmation. The under secretaries
shall hold office at the pleasure of the Governor. One
undersecretary shall oversee program support and the other
undersecretary shall oversee program operations for the department.
(c) The Governor, upon recommendation of the secretary, shall
appoint three two chief deputy
secretaries, subject to Senate confirmation, who shall hold office at
the pleasure of the Governor. One chief deputy secretary shall
oversee adult operations , and one chief
deputy secretary shall oversee adult programs , and one
chief deputy secretary shall oversee juvenile justice for the
department .
(d) The Governor, upon recommendation of the secretary, shall
appoint an assistant secretary, subject to Senate confirmation, who
shall be responsible for health care policy for the department, and
shall serve at the pleasure of the Governor.
(e) The Governor, upon recommendation of the secretary, shall
appoint an Assistant Secretary for Victim and Survivor Rights and
Services, and an Assistant Secretary for Correctional Safety, who
shall serve at the pleasure of the Governor.
SEC. 3. Section 12838.3 of the
Government Code is repealed.
12838.3. There is hereby created within the Department of
Corrections and Rehabilitation under the Chief Deputy Secretary for
Juvenile Justice, the Division of Juvenile Facilities, the Division
of Juvenile Programs, and the Division of Juvenile Parole Operations.
Each division shall be headed by a chief, who shall be appointed by
the Governor, at the recommendation of the secretary, subject to
Senate confirmation, who shall serve at the pleasure of the Governor.
SECTION 1. Section 13711 of the Penal Code is
amended to read:
13711. Whenever a protection order with respect to domestic
violence incidents, including orders issued pursuant to Section 136.2
and restraining orders, is applied for or issued, it shall be the
responsibility of the clerk of the superior court to deliver a
pamphlet to the person who is to be protected by the order that
includes the following:
(a) Information as specified in paragraph (9) of subdivision (c)
of Section 13701.
(b) Notice that it is the responsibility of the victim to request
notification of an inmate's release.
(c) Notice that the terms and conditions of the protection order
remain enforceable, notwithstanding any acts of the parties, and may
be changed only by order of the court.
(d) Notice that the protection order is enforceable in any state,
in a commonwealth, territory, or insular possession subject to the
jurisdiction of the United States, or on a reservation, and general
information about agencies in other jurisdictions that may be
contacted regarding enforcement of a protective order issued by a
court of this state.
