Bill Text: CA AB94 | 2019-2020 | Regular Session | Amended
Bill Title: Postsecondary education trailer bill.
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2020-08-03 - Ordered to inactive file at the request of Assembly Member Calderon. [AB94 Detail]
Download: California-2019-AB94-Amended.html
Amended
IN
Senate
June 11, 2019 |
Assembly Bill | No. 94 |
Introduced by |
December 03, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2019.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 6254 of the Government Code is amended to read:6254.
Except as provided in Sections 6254.7 and 6254.13, this chapter does not require the disclosure of any of the following records:SEC. 2.
Section 8280 of the Government Code is amended to read:8280.
(a) There is created in the State Government the California Law Revision Commission.SEC. 3.
Section 8281 of the Government Code is amended to read:8281.
(a) The commission consists of one Member of the Senate appointed by the Senate Committee on Rules, one Member of the Assembly appointed by theThe
The
SEC. 4.
Section 8281.5 is added to the Government Code, to read:8281.5.
(a) The Committee on Revision of the Penal Code consists of one Member of the Senate appointed by the Senate Committee on Rules, one Member of the Assembly appointed by the Speaker of the Assembly, and five members appointed by the Governor.SEC. 5.
Section 8282 of the Government Code is amended to read:8282.
(a) The members of the commission and committee shall serve without compensation, except that each member appointed by the Governor shall receiveSEC. 6.
Section 8283 of the Government Code is amended to read:8283.
(a) The commission shall select one of its members chairperson. Five members constitute a quorum of the commission.SEC. 7.
Section 8284 of the Government Code is amended to read:8284.
The commission may appoint an executiveSEC. 8.
Section 8286 of the Government Code is amended to read:8286.
The material of the State Library shall be made available to theSEC. 9.
Section 8287 of the Government Code is amended to read:8287.
The Board ofSEC. 10.
Section 8288 of the Government Code is amended to read:8288.
(a) No employee of the commission and no member appointed by the Governor shall, with respect to any proposed legislation concerning matters assigned to the commission for study pursuant to Section 8293, advocate the passage or defeat of the legislation by the Legislature or the approval or veto of the legislation by theSEC. 11.
Section 8290.5 is added to the Government Code, to read:8290.5.
(a) The committee shall study and make recommendations on revision of the Penal Code to achieve all of the following objectives:SEC. 12.
Section 8291 of the Government Code is amended to read:8291.
(a) The commission and the committee shall submitSEC. 13.
Section 8292 of the Government Code is amended to read:8292.
The commission and the committee may, within the limitations imposed by Section 8293, include inSEC. 14.
Section 8293 of the Government Code is amended to read:8293.
(a) The commission shall file a report at each regular session of the Legislature that shall contain a calendar of topics selected by it for study, including a list of the studies in progress and a list of topics intended for future consideration. The commission shall confine its studies to those topics set forth in the calendar contained in its last preceding report that have been or are thereafter approved for its study by concurrent resolution of the Legislature. The commission shall also study any topic that the Legislature, by concurrent resolution or statute, refers to it for study.SEC. 15.
Section 8294 of the Government Code is amended to read:8294.
The commission’s and committee’s reports, exhibits, and proposed legislative measures shall be printed by the State Printing Office under the supervision of theSEC. 16.
Section 8295 of the Government Code is amended to read:8295.
The commission and the committee shall confer and cooperate with any legislative committee on revision of the law and may contract with any other committee for the rendition of service, by either for the other, in the work of revision.SEC. 17.
Section 8296 of the Government Code is amended to read:8296.
The commission and the committee may cooperate with any bar association or other learned, professional, or scientific association,SEC. 18.
Section 12803 of the Government Code 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.SEC. 19.
Section 12803 is added to the Government Code, to read:12803.
(a) The California Health and Human Services Agency consists of the California Department of Aging, Department of Community Services and Development, State Department of Developmental Services, State Department of Health Care Services, Department of Managed Health Care, State Department of Public Health, Department of Rehabilitation, State Department of Social Services, State Department of State Hospitals, and Department of Youth and Community Restoration.SEC. 20.
Article 1 (commencing with Section 12820) is added to Chapter 1 of Part 2.5 of Division 3 of Title 2 of the Government Code, to read:Article 1. Department of Youth and Community Restoration
12820.
(a) It is the intent of the Legislature to remove the Division of Juvenile Justice and the Board of Juvenile Hearings from the Department of Corrections and Rehabilitation and reestablish them as the Department of Youth and Community Restoration under the California Health and Human Services Agency. Commencing July 1, 2019, the Division of Juvenile Justice, in coordination with the California Health and Human Services Agency and the Department of Corrections and Rehabilitation, shall initiate the transfer process, with the transfer completed by July 1, 2020.12821.
(a) Commencing on July 1, 2020, the Department of Youth and Community Restoration succeeds to, and is vested with, all the powers, functions, duties, responsibilities, obligations, liabilities, and jurisdiction of the Division of Juvenile Justice, which shall no longer exist after that date. For purposes of this article, the Division of Juvenile Justice is referred to as the “predecessor entity.”12822.
Commencing on July 1, 2020, the Board of Juvenile Hearings is continued in existence within the Department of Youth and Community Restoration and retains existing functions, powers, responsibilities, and jurisdiction, except as expressly provided otherwise. For purposes of this article, the Board of Juvenile Hearings is referred to as a “continuing entity.”12823.
(a) The Department of Youth and Community Restoration is under the control of the Director of the Department of Youth and Community Restoration. The Governor shall appoint the director and a chief deputy director, and these appointees shall hold office at the pleasure of the Governor. The appointment of the director is subject to confirmation by the Senate.12824.
On or before October 1, 2019, the Secretary of California Health and Human Services shall convene a committee of the California Child Welfare Council to provide input and recommendations related to the Department of Youth and Community Restoration’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 Department of Youth and Community Restoration shall report as part of the budget process regarding the committee’s input and recommendations until 2025.12825.
All regulations adopted by the predecessor entity, continuing entity, and any of their predecessors are expressly continued in force. Any statute, law, rule, or regulation in force on the effective date of this article, or that may hereafter be enacted or adopted with reference to the predecessor entities and any of their predecessors, shall mean the Department of Youth and Community Restoration. Any action concerning these duties, responsibilities, obligations, liabilities, and functions shall not abate but shall continue in the name of the Department of Youth and Community Restoration, and the department shall be substituted for the predecessor entities and continuing entities by the court in which the action is pending. The substitution does not affect the rights of the parties to the action.12826.
A contract, lease, license, state or federal grant, memorandum of understanding, or any other agreement to which the predecessor entity, continuing entity, and any of their predecessors are a party is not void or voidable by reason of the act that added this section, but are continued in full force and effect, with the Department of Youth and Community Restoration assuming all of the rights, obligations, and duties of the predecessor entities. The assumption by the department does not in any way affect the rights of the parties to the contract, lease, license, state or federal grant, memorandum of understanding, or agreement.12827.
On and after July 1, 2020, the balance of all money available for expenditure by the predecessor entity, continuing entity, and any of their predecessors in carrying out any functions transferred to the Department of Youth and Community Restoration by the act that added this section is available for the support and maintenance of the department. All books, documents, records, and property of the predecessor entity shall be transferred to the department.12828.
On and after July 1, 2020, positions filled by appointment by the Governor in the predecessor entity or continuing entity shall be transferred to the Department of Youth and Community Restoration. Individuals in positions transferred pursuant to this section who have been previously confirmed by the Senate shall not be required to undergo a new confirmation as a result of this transfer. Individuals in positions transferred pursuant to this section shall serve at the pleasure of the Governor, unless as otherwise expressly stated. Titles of positions transferred pursuant to this section shall be determined by the Director of the Department of Youth and Community Restoration with the approval of the Governor. Salaries of positions transferred shall remain at the level established pursuant to law on June 30, 2020.12829.
(a) Any officer or employee of the predecessor entity who is serving in the state civil service, including an excluded employee or temporary employee, shall be transferred to the Department of Youth and Community Restoration pursuant to the provisions of Section 19050.9.12830.
The establishment of the Department of Youth and Community Restoration within the California Health and Human Services Agency does not diminish, abrogate, or adversely affect the availability of rehabilitative services, employment, or workforce development opportunities for individuals subject to the jurisdiction of the predecessor entity in existence on June 30, 2019, and provided, in whole or in part, by or through any of the following:12831.
(a) Commencing on July 1, 2020, the Department of Youth and Community Restoration and the Prison Industry Authority may enter into agreements for the creation and maintenance of work programs, rehabilitative services, and workforce development opportunities for the benefit of individuals subject to the jurisdiction of the department and consistent with the purposes set forth in Section 2801 of the Penal Code. Pursuant to Section 12825, rehabilitative programs and services in existence on June 30, 2019, that are provided by the Prison Industry Authority to the predecessor entity are expressly continued with the department. An agreement to which the predecessor entity and the Prison Industry Authority are a party is not void or voidable by reason of the act that added this section, but is continued in full force and effect, with the department assuming all of the rights, obligations, and duties of the predecessor entity. This assumption by the department does not affect the rights of the parties to the contract, lease, license, or agreement.12832.
Commencing on July 1, 2020, the Department of Youth and Community Restoration and the Department of Forestry and Fire Prevention may enter into agreements for the creation and maintenance of work programs, rehabilitative services, and workforce development opportunities for the benefit of individuals subject to the jurisdiction of the department. Pursuant to Section 12825, rehabilitative programs and services in existence on June 30, 2019, that are provided in whole or in part through the Department of Forestry and Fire Protection to the predecessor entity are expressly continued with the Department of Youth and Community Restoration. An agreement to which the predecessor entity and the Department of Forestry and Fire Prevention are a party is not void or voidable by reason of the act that added this section, but is continued in full force and effect, with the Department of Youth and Community Restoration assuming all of the rights, obligations, and duties of the predecessor entity. This assumption by the department does not affect the rights of the parties to the contract, lease, license, or agreement.12833.
(a) The Department of Youth and Community Restoration may adopt regulations as necessary or appropriate to carry out the purposes of this article.12834.
(a) For the purposes of this section, “pilot program” means a program implemented on a temporary and limited basis in order to test and evaluate the effectiveness of the program, develop new techniques, or gather information.12835.
Individuals convicted and sentenced by a superior court who are housed at the Department of Youth and Community Restoration pursuant to subdivision (c) of Section 1731.5 or Section 1731.7 of the Welfare and Institutions Code continue to be eligible for parole consideration and the award of credits pursuant to Section 32 of Article I of the California Constitution and shall continue to have the rights and privileges to parole consideration and credit earning pursuant to Sections 2449.1 to 2449.7, inclusive, Sections 3043 to 3043.6, inclusive, and Sections 3490 to 3493, inclusive, of Title 15 of the California Code of Regulations, as may be amended. The Board of Parole Hearings is entitled to access of all records necessary to determine whether a nonviolent offender housed within the Department of Youth and Community Restoration will be released. The department may adopt regulations in furtherance of the administration of this section.12836.
(a) The Legislature finds and declares that sound applicant selection and training are essential to public safety, rehabilitation, and carrying out the mission and purpose of the Department of Youth and Community Restoration. It is through sound screening criteria and an effective training curriculum that are evidence-based and reflective of national best practices that the department will fulfill its rehabilitative mission, support staff’s ability to demonstrate knowledge of positive youth development, and provide for safe operations consistent with the mission and purpose of the Department of Youth and Community Restoration.SEC. 21.
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, 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.SEC. 22.
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, the Board of Parole Hearings, the Prison Industry Authority, and the Prison Industry Board.SEC. 23.
Section 12838.1 of the Government Code is amended to read:12838.1.
(a) There is hereby created within the Department of Corrections and Rehabilitation, under the Undersecretary forSEC. 24.
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:SEC. 25.
Section 13332.18 of the Government Code is amended to read:13332.18.
(a) Notwithstanding any other(C)The Peace Officers’ Training Fund.
(D)
(E)
(F)
(G)
(H)
(I)
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(K)
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(R)
SEC. 26.
Section 15820.926 of the Government Code is amended to read:15820.926.
(a) The participating county contribution for adult local criminal justice facilities financed under this chapter shall be a minimum of 10 percent of the total project costs. The BSCC may reduce contribution requirements for participating counties with a general population below 200,000 upon petition by a participating county to the BSCC requesting a lower level of contribution.SEC. 27.
Section 15820.946 of the Government Code is amended to read:15820.946.
(a) The participating county contribution for adult local criminal justice facilities financed under this chapter shall be a minimum of 10 percent of the total project costs. The BSCC may reduce contribution requirements for participating counties with a general population below 200,000 upon petition by a participating county to the BSCC requesting a lower level of contribution.SEC. 28.
Section 490.4 of the Penal Code is amended to read:490.4.
(a) A person who commits any of the following acts is guilty of organized retail theft, and shall be punished pursuant to subdivision (b):SEC. 29.
Section 786.5 of the Penal Code is amended to read:786.5.
(a) The jurisdiction of a criminal action for theft, as defined in subdivision (a) of Section 484, or a violation of Section 490.4 or Section 496, shall also include the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of a theft offense or a violation of Section 490.4 or Section 496 or in abetting the parties concerned therein. If multiple offenses of theft or violations of Section 490.4 or Section 496, either all involving the same defendant or defendants and the same merchandise, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions are a proper jurisdiction for all of the offenses. Jurisdiction also extends to all associated offenses connected together in their commission to the underlying theft offenses or violations of Section 490.4 or Section 496.SEC. 30.
Section 830.5 of the Penal Code is amended 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:SEC. 31.
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:SEC. 32.
Section 830.53 is added to the Penal Code, immediately following Section 830.5, to read: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.SEC. 33.
Section 853.6 of the Penal Code, as amended by Section 3 of Chapter 803 of the Statutes of 2018, is amended to read:853.6.
(a) (1) In any case in which a person is arrested for an offense declared to be a misdemeanor, including a violation of any city or county ordinance, and does not demand to be taken before a magistrate, that person shall, instead of being taken before a magistrate, be released according to the procedures set forth by this chapter, although nothing prevents an officer from first booking an arrestee pursuant to subdivision (g). If the person is released, the officer or If
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SEC. 34.
Section 853.6 of the Penal Code, as added by Section 4 of Chapter 803 of the Statutes of 2018, is amended to read:853.6.
(a) (1) In any case in which a person is arrested for an offense declared to be a misdemeanor, including a violation of any city or county ordinance, and does not demand to be taken before a magistrate, that person shall, instead of being taken before a magistrate, be released according to the procedures set forth by this chapter, although nothing prevents an officer from first booking an arrestee pursuant to subdivision (g). If the person is released, the officer or If
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SEC. 35.
Section 978.5 of the Penal Code, as amended by Section 5 of Chapter 803 of the Statutes of 2018, is amended to read:978.5.
(a) A bench warrant of arrest may be issued whenever a defendant fails to appear in court as required by law including, but not limited to, the following situations:SEC. 36.
Section 978.5 of the Penal Code, as added by Section 6 of Chapter 803 of the Statutes of 2018, is amended to read:978.5.
(a) A bench warrant of arrest may be issued whenever a defendant fails to appear in court as required by law including, but not limited to, the following situations:SEC. 37.
Section 1001.82 of the Penal Code is amended to read:1001.82.
This chapter shall remain in effect only untilSEC. 38.
Section 1210.6 of the Penal Code is amended to read:1210.6.
(a) (1) Upon appropriation by the Legislature, the Board of State and Community Corrections shall award funding for a grant program to four or more county superior courts or county probation departments to create demonstration projects to reduce the recidivism of high-risk misdemeanor probationers.SEC. 39.
Section 2816 of the Penal Code is amended 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.Notwithstanding
Money
SEC. 40.
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.SEC. 41.
Section 2936 is added to the Penal Code, immediately following Section 2935, to read:2936.
(a) The Department of Corrections and Rehabilitation shall submit a report to the relevant fiscal and policy committees of the Legislature and the Legislative Analyst’s Office whenever the department proposes regulatory changes pursuant to Section 32 of Article I of the California Constitution that would affect inmate credit earning.SEC. 42.
Section 5007.3 is added to the Penal Code, to read:5007.3.
(a) (1) The department shall establish the California Reentry and Enrichment (CARE) Grant program to provide grants to community based organizations (CBOs) that provide rehabilitative services to incarcerated individuals.SEC. 43.
Section 5075 of the Penal Code is amended to read:5075.
(a)(2)(A)The term for the commissioner whose position was created by the act that added this paragraph shall begin on July 1, 2017.
(B)Two commissioners whose terms begin on July 1, 2017, shall be appointed for a term of one year. One of these commissioners may, but is not required to, be the commissioner whose position was created by the act that added this paragraph.
(C)Three commissioners, as selected by the Governor, whose terms began on July 1, 2016, shall serve a reduced term of two years.
(D)Terms of office subsequent to those described in subparagraphs (B) and (C) shall be governed by paragraph (1).
(3)
SEC. 44.
Section 11105.9 is added to the Penal Code, to read:11105.9.
(a) Notwithstanding subdivision (g) of Section 11105 and subdivision (a) of Section 13305, the Department of Corrections and Rehabilitation may provide the social security numbers of current or former inmates to the Employment Development Department, the California Workforce Development Board, or the California Workforce Development Board’s designee for the purposes set forth in subdivision (i) of Section 14013 of the Unemployment Insurance Code. The Employment Development Department, the California Workforce Development Board, and any board designee shall keep the social security numbers confidential and use them only to track the labor market and other employment outcomes of program participants, as described in subdivision (i) of Section 14013 of the Unemployment Insurance Code.SEC. 45.
Section 13503.5 is added to the Penal Code, to read:13503.5.
(a) Commencing February 1, 2020, and each year thereafter, the commission shall submit an annual report to the Legislature, in compliance with Section 9795 of the Government Code, on the overall effectiveness of any additional funding appropriated by the Legislature on or after July 1, 2019, in improving peace officer training. For the purpose of this section, “additional funding” does not include General Fund resources provided to backfill declines in non-General Fund revenue in the 2019 Budget Act.SEC. 46.
Section 13520 of the Penal Code is amended to read:13520.
(a) There is hereby created in the State Treasury a Peace Officers’ Training Fund, which is hereby appropriated, without regard to fiscal years, exclusively for costs of administration and for grants to local governments and districts pursuant to this chapter. The fund is abolished on January 1, 2020, and any moneys remaining in the fund shall revert to the State Penalty Fund.SEC. 47.
Section 13526 of the Penal Code is amended to read:13526.
SEC. 48.
Section 13526.1 of the Penal Code is amended to read:13526.1.
(a) It is the intent of the Legislature in adding this section that effect be given to amendments made by Chapter 950 of the Statutes of 1989. The Legislature recognizes those amendments were intended to make port wardens and special officers of the Harbor Department of the City of Los Angeles entitled to allocations from theSEC. 49.
Section 13526.2 of the Penal Code is amended to read:13526.2.
Notwithstanding Section 13526, for the purposes of this chapter, the housing authority police departments of the City of Los Angeles and the City of Oakland shall be entitled to receive funding from theSEC. 50.
Section 13526.3 of the Penal Code is amended to read:13526.3.
Notwithstanding Section 13526, for the purposes of this chapter, joint powers agencies formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code shall be entitled to receive funding from theSEC. 51.
Section 13899.1 of the Penal Code is amended to read:13899.1.
This chapter shall remain in effect only untilSEC. 52.
Section 30012 is added to the Penal Code, to read:30012.
(a) No later than April 1, 2020, and no later than April 1 of each year thereafter, the Department of Justice shall report to the Joint Legislative Budget Committee and the fiscal committees of each house of the Legislature all of the following information for the immediately preceding calendar year:SEC. 53.
Section 1095 of the Unemployment Insurance Code is amended to read:1095.
The director shall permit the use of any information inSEC. 54.
Section 1700 of the Welfare and Institutions Code is amended to read:1700.
The purpose of this chapter is to protect society from the consequences of criminal activity and to that purpose community restoration, victim restoration, and offender training and treatment shall be substituted for retributive punishment and shall be directed toward theSEC. 55.
Section 1703 of the Welfare and Institutions Code is amended to read:1703.
SEC. 56.
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:SEC. 57.
Section 1710 of the Welfare and Institutions Code is amended to read:1710.
(a)SEC. 58.
Section 1710 is added to the Welfare and Institutions Code, to read: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.SEC. 59.
Section 1711 of the Welfare and Institutions Code is amended to read:1711.
(a) Commencing July 1, 2005, 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. 60.
Section 1711 is added to the Welfare and Institutions Code, to read: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.SEC. 61.
Section 1712 of the Welfare and Institutions Code is amended 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 inSEC. 62.
Section 1712 is added to the Welfare and Institutions Code, to read: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.SEC. 63.
Section 1714 of the Welfare and Institutions Code is amended to read:1714.
(a) The Secretary of the Department of Corrections and Rehabilitation may transfer persons confined in one institution or facility of the Division of Juvenile Facilities to another. Proximity to family shall be one consideration in placement.SEC. 64.
Section 1714 is added to the Welfare and Institutions Code, to read: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.SEC. 65.
Section 1731.5 of the Welfare and Institutions Code is amended to read:1731.5.
(a) After certification to the Governor as provided in this article, a court may commit to the Division of Juvenile Facilities any person who meets all of the following:SEC. 66.
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 Department of Youth and Community Restoration any person who meets all of the following:SEC. 67.
Section 1731.7 of the Welfare and Institutions Code is amended to read:1731.7.
(a) The Department of Corrections and Rehabilitation, Division of Juvenile(c)
(d)
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(A)
(B)
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(h)This section shall become inoperative on June 1, 2026, and, as of January 1, 2027, is repealed.
SEC. 68.
Section 1731.7 is added to the Welfare and Institutions Code, to read:1731.7.
(a) The Department of Corrections and Rehabilitation shall establish and operate a seven-year pilot program for transition-aged youth. Commencing on or after January 1, 2019, the program shall divert a limited number of transition-aged youth from adult prison to a juvenile facility in order to provide developmentally appropriate, rehabilitative programming designed for transition-aged youth with the goal of improving their outcomes and reducing recidivism.SEC. 69.
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.SEC. 70.
Section 1752.2 is added to the Welfare and Institutions Code, to read: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.SEC. 71.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.SEC. 72.
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.It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2019.