California Assembly Bill AB2459 Amended / Bill

 BILL NUMBER: AB 2459AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 6, 2010 INTRODUCED BY Assembly Member Caballero FEBRUARY 19, 2010  An act to add Chapter 4 (commencing with Section 2200) to Division 2.5 of the Welfare and Institutions Code, relating to juveniles.  An act to add and repeal Article 4.5 (commencing with Section 1779) of Chapter   1 of Division 2.5 of the Welfare and Institutions Code, relating to juvenile probation.  LEGISLATIVE COUNSEL'S DIGEST AB 2459, as amended, Caballero. Juvenile  crime prevention: evidence-based programs.   offenders: probation.   Existing law authorizes the Department of Corrections and Rehabilitation to oversee programs for the purposes of reducing parolee recidivism.   Existing law governs the release of juvenile offenders on probation.   This bill would authorize, until January 1, 2015, each county to establish a Community Juvenile Probation Performance Incentives Fund to be used for specified purposes relating to improving local probation supervision practices and capacities, as specified.   The bill would require the community juvenile probation programs to be developed and implemented by the chief probation officer, as advised by the local Juvenile Justice Coordinating Council and a representative of families of currently incarcerated youth or recently incarcerated youth who are on probation.   Existing law sets forth the purpose of juvenile court law, and provides that a minor under the jurisdiction of the juvenile court as a consequence of delinquent conduct shall, in conformity with the interests of public safety and protection, receive care, treatment, and guidance that is consistent with his or her best interest, that holds the minor accountable for his or her behavior, and that is appropriate for his or her circumstances. (PU 20090AB__011499INT )   This bill would, beginning in the 2011-12 fiscal year require that specified 25% of moneys appropriated for the supervision of juveniles under the jurisdiction of the juvenile court system and for programs designed to deter juvenile crime and violence or to reduce recidivism are to be allocated to evidence-based programs, as defined. This bill would increase the allocations to 50% for the 2012-13 fiscal year, and to 75% for the 2013-14 fiscal year and each of the following fiscal years. This bill would, beginning in the 2012-13 fiscal year, require the Secretary of the Department of Corrections and Rehabilitation to prepare a report for the Legislature evaluating the effectiveness of evidence-based program in the supervision of juveniles under the jurisdiction of the juvenile court system and in programs designed to deter juvenile crime and violence or to reduce recidivism.  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.   This act shall be known and may be cited as the California Community Juvenile Probation Performance Incentives Act of 2010.   SEC. 2.   Article 4.5 (commencing with Section 1779) is added to Chapter 1 of Division 2.5 of the   Welfare and Institutions Code   , to read:   Article 4.5. California Community Juvenile Probation Performance Incentives 1779. As used in this article, the following definitions apply: (a) "Community corrections" means the placement of persons under probation supervision, with conditions imposed by a court for a specified period. (b) "Chief probation officer" means the chief probation officer for the county or city and county in which a juvenile offender is subject to probation. (c) "Juvenile program" means a program established pursuant to this act consisting of a system of probation supervision services dedicated to all of the following goals: (1) Enhancing public safety through the management and reduction of juvenile offender risk while under probation supervision and upon reentry into the community. (2) Providing a range of probation supervision tools, sanctions, and services applied to probationers based on a risk/needs assessment for the purpose of promoting behavioral change that results in reducing recidivism and promoting the successful reintegration of juvenile offenders into the community. (3) Maximizing offender restitution, reconciliation, and restorative services to victims of crime committed by juvenile offenders. (4) Holding juvenile offenders accountable for their behaviors and for successful compliance with applicable court orders and conditions of supervision. (5) Improving public safety outcomes for juvenile offenders placed on probation for an offense, as measured by their successful completion of probation and commensurate reduction in the rate of recidivism by juvenile probationers. (d) "Evidence-based practices" refers to supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among juveniles under probation. 1779.1. (a) Each county is hereby authorized to establish in each county treasury a Community Juvenile Probation Performance Incentives Fund (CJPPIF), to receive all amounts allocated to that county for purposes of implementing this article. (b) In any fiscal year for which a county receives moneys to be expended for the implementation of this article, the moneys, including any interest, shall be made available to the chief probation officer of that county, within 30 days of the deposit of those moneys into the fund, for the implementation of the community corrections program authorized by this article. (1) The community juvenile probation program shall be developed and implemented by the chief probation officer and advised by the local Juvenile Justice Coordinating Council and a representative of families of currently incarcerated youth or recently incarcerated youth who are on probation. (2) Funds allocated to probation pursuant to this act shall be used to provide supervision and rehabilitative services for juvenile offenders subject to probation, and shall be spent on evidence-based practices and programs, as defined in subdivision (c) of Section 1779, which may include, but are not limited to, the following: (A) Implementing and expanding evidence-based risk and needs assessments. (B) Implementing and expanding intermediate sanctions. (C) Providing more intensive probation supervision. (D) Expanding the availability of juvenile rehabilitation programs, including, but not limited to, drug and alcohol treatment, mental health treatment, anger management, cognitive behavior programs, and job training and employment services. (E) Evaluating the effectiveness of rehabilitation and supervision programs and ensuring program fidelity. (3) Each probation department receiving funds under this article shall maintain a complete and accurate accounting of all funds received pursuant to this article. 1779.2. The moneys appropriated pursuant to this article shall be used to supplement, not supplant, any other state or county appropriation for the chief probation officer or the probation department. 1779.3. This article shall remain in effect only until January 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2015, deletes or extends that date.   SEC. 3.   The Judicial Council shall consider the adoption of appropriate modifications to the Criminal Rules of Court, and of other judicial branch policies, procedures, and programs, affecting felony probation services that would support implementation of the evidence-based probation supervision practices described in this article.   SECTION 1.   Chapter 4 (commencing with Section 2200) is added to Division 2.5 of the Welfare and Institutions Code, to read: CHAPTER 4. CALIFORNIA EVIDENCE-BASED PROGRAMS FOR AT-RISK JUVENILES 2200. It is the intent of the Legislature to increase the use of evidence-based programs in state-funded programs designed to deter juvenile crime and violence and to reduce recidivism among juvenile offenders. 2201. For purposes of this chapter: (a) "Agency" means: (1) The Department of Corrections and Rehabilitation, the Division of Juvenile Facilities, and any other any state agency responsible for supervising juveniles under the jurisdiction of the juvenile court system. (2) The State Board of Education, the California Emergency Management Agency, and any other state agency responsible for programs designed to deter juvenile crime and violence or to reduce recidivism. (b) "Evidence-based program" means a program: (1) That does any of the following: (A) Incorporates significant and relevant practices that are based on scientifically based research, including all testing and evaluations of and for persons. (B) Uses practices that have been documented to be valid and reliable. (C) Is cost effective in the service that it provides. (2) "Evidence-based program" does not include either of the following: (A) An educational program or service that an agency is required to provide to meet educational requirements pursuant to state law. (B) Basic medical services. (c) "Scientifically based research" means research that obtains reliable and valid knowledge by all of the following: (1) Employing systematic, empirical methods that draw on observation or experiment. (2) Involving rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn. (3) Relying on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations, and across studies by the same or different investigators. 2202. (a) For the 2011-12 fiscal year, at least 25 percent of the state moneys appropriated for the supervision of juveniles under the jurisdiction of the juvenile court system and for programs designed to deter juvenile crime and violence or to reduce recidivism shall be allocated to evidence-based programs. (b) For the 2012-13 fiscal year, at least 50 percent of the state moneys appropriated for the supervision of juveniles under the jurisdiction of the juvenile court system and for programs designed to deter juvenile crime and violence or to reduce recidivism shall be allocated to evidence-based programs. (c) For the 2013-14 fiscal year and in each following fiscal year, at least 75 percent of the state moneys appropriated for the supervision of juveniles under the jurisdiction of the juvenile court system and for programs designed to deter juvenile crime and violence or to reduce recidivism shall be allocated to evidence-based programs. 2203. (a) Beginning in the 2012-13 fiscal year, and for each following fiscal year, the Secretary of the Department of Corrections and Rehabilitation shall prepare a report for the Legislature evaluating the effectiveness of the use of evidence-based programs in the supervision of juveniles under the jurisdiction of the juvenile court system and in programs designed to deter juvenile crime and violence or to reduce recidivism. (b) The reports shall include all of the following: (1) An assessment of each program that the agency spent moneys on in the previous fiscal year, including programs that are not evidence based. (2) The percentage of state appropriated moneys for programs that each agency spent on evidence-based programs in the previous fiscal year. (3) The percentage of moneys received by the agency for programs other than state appropriated moneys that were spent on evidence-based programs in the previous fiscal year. (4) A description of the efforts each agency is making to meet the requirements of this section. (c) The report shall be submitted to the Legislature on or before November 1 of each year, following the end of the prior fiscal year.