California Assembly Bill AB2094 Latest Draft

 BILL NUMBER: AB 2094AMENDED 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.