CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2595Introduced by Assembly Member ObernolteFebruary 15, 2018 An act to amend Section 731 of the Welfare and Institutions Code, relating to wards.LEGISLATIVE COUNSEL'S DIGESTAB 2595, as introduced, Obernolte. Wards: confinement.Existing law prohibits a ward committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities from being held in physical confinement for a period of time in excess of the maximum period of imprisonment that could be imposed upon an adult convicted of the offense that brought or continued the minor under the jurisdiction of the juvenile court, or in excess of the maximum term of physical confinement set by the court, as specified. Existing law states that those provisions do not limit the power of the Board of Juvenile Hearings to retain the ward on parole status for the period permitted by specified provisions governing discharge of the person from the division.Under existing law, the department has no further jurisdiction over a ward who is discharged by the board, except as specified. Existing law requires the committing court to establish the conditions of the wards supervision and requires the county of commitment to supervise the reentry of the ward.This bill would instead state that those limitations on the length of the physical confinement of a ward do not limit the power of the committing juvenile court to retain jurisdiction and to establish the conditions of supervision of a ward who is eligible for discharge from commitment to the custody of the division.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 731 of the Welfare and Institutions Code is amended to read:731. (a) If a minor is adjudged a ward of the court on the ground that he or she is a person described by Section 602, the court may order any of the types of treatment referred to in Sections 727 and 730 and, in addition, may do any of the following:(1) Order the ward to make restitution, to pay a fine up to two hundred fifty dollars ($250) for deposit in the county treasury if the court finds that the minor has the financial ability to pay the fine, or to participate in uncompensated work programs.(2) Commit the ward to a sheltered-care facility.(3) Order that the ward and his or her family or guardian participate in a program of professional counseling as arranged and directed by the probation officer as a condition of continued custody of the ward.(4) Commit the ward to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, if the ward has committed an offense described in subdivision (b) of Section 707 or subdivision (c) of Section 290.008 of the Penal Code, and is not otherwise ineligible for commitment to the division under Section 733.(b) The Division of Juvenile Facilities shall notify the Department of Finance when a county recalls a ward pursuant to Section 731.1. The division shall provide the department with the date the ward was recalled and the number of months the ward has served in a state facility. The division shall provide this information in the format prescribed by the department and within the timeframes established by the department.(c) A ward committed to the Division of Juvenile Facilities may not be held in physical confinement for a period of time in excess of the maximum period of imprisonment that could be imposed upon an adult convicted of the offense or offenses that brought or continued the minor under the jurisdiction of the juvenile court. A ward committed to the Division of Juvenile Facilities also may not be held in physical confinement for a period of time in excess of the maximum term of physical confinement set by the court based upon the facts and circumstances of the matter or matters that brought or continued the ward under the jurisdiction of the juvenile court, which may not exceed the maximum period of adult confinement as determined pursuant to this section. This section subdivision. This subdivision does not limit the power of the Board of Parole Hearings to retain the ward on parole status for the period permitted by Section 1769. the committing juvenile court to retain jurisdiction pursuant to Section 607.1 and to establish the conditions of the wards supervision pursuant to subdivision (b) of Section 1766.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2595Introduced by Assembly Member ObernolteFebruary 15, 2018 An act to amend Section 731 of the Welfare and Institutions Code, relating to wards.LEGISLATIVE COUNSEL'S DIGESTAB 2595, as introduced, Obernolte. Wards: confinement.Existing law prohibits a ward committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities from being held in physical confinement for a period of time in excess of the maximum period of imprisonment that could be imposed upon an adult convicted of the offense that brought or continued the minor under the jurisdiction of the juvenile court, or in excess of the maximum term of physical confinement set by the court, as specified. Existing law states that those provisions do not limit the power of the Board of Juvenile Hearings to retain the ward on parole status for the period permitted by specified provisions governing discharge of the person from the division.Under existing law, the department has no further jurisdiction over a ward who is discharged by the board, except as specified. Existing law requires the committing court to establish the conditions of the wards supervision and requires the county of commitment to supervise the reentry of the ward.This bill would instead state that those limitations on the length of the physical confinement of a ward do not limit the power of the committing juvenile court to retain jurisdiction and to establish the conditions of supervision of a ward who is eligible for discharge from commitment to the custody of the division.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2595
Introduced by Assembly Member ObernolteFebruary 15, 2018
Introduced by Assembly Member Obernolte
February 15, 2018
An act to amend Section 731 of the Welfare and Institutions Code, relating to wards.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2595, as introduced, Obernolte. Wards: confinement.
Existing law prohibits a ward committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities from being held in physical confinement for a period of time in excess of the maximum period of imprisonment that could be imposed upon an adult convicted of the offense that brought or continued the minor under the jurisdiction of the juvenile court, or in excess of the maximum term of physical confinement set by the court, as specified. Existing law states that those provisions do not limit the power of the Board of Juvenile Hearings to retain the ward on parole status for the period permitted by specified provisions governing discharge of the person from the division.Under existing law, the department has no further jurisdiction over a ward who is discharged by the board, except as specified. Existing law requires the committing court to establish the conditions of the wards supervision and requires the county of commitment to supervise the reentry of the ward.This bill would instead state that those limitations on the length of the physical confinement of a ward do not limit the power of the committing juvenile court to retain jurisdiction and to establish the conditions of supervision of a ward who is eligible for discharge from commitment to the custody of the division.
Existing law prohibits a ward committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities from being held in physical confinement for a period of time in excess of the maximum period of imprisonment that could be imposed upon an adult convicted of the offense that brought or continued the minor under the jurisdiction of the juvenile court, or in excess of the maximum term of physical confinement set by the court, as specified. Existing law states that those provisions do not limit the power of the Board of Juvenile Hearings to retain the ward on parole status for the period permitted by specified provisions governing discharge of the person from the division.
Under existing law, the department has no further jurisdiction over a ward who is discharged by the board, except as specified. Existing law requires the committing court to establish the conditions of the wards supervision and requires the county of commitment to supervise the reentry of the ward.
This bill would instead state that those limitations on the length of the physical confinement of a ward do not limit the power of the committing juvenile court to retain jurisdiction and to establish the conditions of supervision of a ward who is eligible for discharge from commitment to the custody of the division.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 731 of the Welfare and Institutions Code is amended to read:731. (a) If a minor is adjudged a ward of the court on the ground that he or she is a person described by Section 602, the court may order any of the types of treatment referred to in Sections 727 and 730 and, in addition, may do any of the following:(1) Order the ward to make restitution, to pay a fine up to two hundred fifty dollars ($250) for deposit in the county treasury if the court finds that the minor has the financial ability to pay the fine, or to participate in uncompensated work programs.(2) Commit the ward to a sheltered-care facility.(3) Order that the ward and his or her family or guardian participate in a program of professional counseling as arranged and directed by the probation officer as a condition of continued custody of the ward.(4) Commit the ward to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, if the ward has committed an offense described in subdivision (b) of Section 707 or subdivision (c) of Section 290.008 of the Penal Code, and is not otherwise ineligible for commitment to the division under Section 733.(b) The Division of Juvenile Facilities shall notify the Department of Finance when a county recalls a ward pursuant to Section 731.1. The division shall provide the department with the date the ward was recalled and the number of months the ward has served in a state facility. The division shall provide this information in the format prescribed by the department and within the timeframes established by the department.(c) A ward committed to the Division of Juvenile Facilities may not be held in physical confinement for a period of time in excess of the maximum period of imprisonment that could be imposed upon an adult convicted of the offense or offenses that brought or continued the minor under the jurisdiction of the juvenile court. A ward committed to the Division of Juvenile Facilities also may not be held in physical confinement for a period of time in excess of the maximum term of physical confinement set by the court based upon the facts and circumstances of the matter or matters that brought or continued the ward under the jurisdiction of the juvenile court, which may not exceed the maximum period of adult confinement as determined pursuant to this section. This section subdivision. This subdivision does not limit the power of the Board of Parole Hearings to retain the ward on parole status for the period permitted by Section 1769. the committing juvenile court to retain jurisdiction pursuant to Section 607.1 and to establish the conditions of the wards supervision pursuant to subdivision (b) of Section 1766.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 731 of the Welfare and Institutions Code is amended to read:731. (a) If a minor is adjudged a ward of the court on the ground that he or she is a person described by Section 602, the court may order any of the types of treatment referred to in Sections 727 and 730 and, in addition, may do any of the following:(1) Order the ward to make restitution, to pay a fine up to two hundred fifty dollars ($250) for deposit in the county treasury if the court finds that the minor has the financial ability to pay the fine, or to participate in uncompensated work programs.(2) Commit the ward to a sheltered-care facility.(3) Order that the ward and his or her family or guardian participate in a program of professional counseling as arranged and directed by the probation officer as a condition of continued custody of the ward.(4) Commit the ward to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, if the ward has committed an offense described in subdivision (b) of Section 707 or subdivision (c) of Section 290.008 of the Penal Code, and is not otherwise ineligible for commitment to the division under Section 733.(b) The Division of Juvenile Facilities shall notify the Department of Finance when a county recalls a ward pursuant to Section 731.1. The division shall provide the department with the date the ward was recalled and the number of months the ward has served in a state facility. The division shall provide this information in the format prescribed by the department and within the timeframes established by the department.(c) A ward committed to the Division of Juvenile Facilities may not be held in physical confinement for a period of time in excess of the maximum period of imprisonment that could be imposed upon an adult convicted of the offense or offenses that brought or continued the minor under the jurisdiction of the juvenile court. A ward committed to the Division of Juvenile Facilities also may not be held in physical confinement for a period of time in excess of the maximum term of physical confinement set by the court based upon the facts and circumstances of the matter or matters that brought or continued the ward under the jurisdiction of the juvenile court, which may not exceed the maximum period of adult confinement as determined pursuant to this section. This section subdivision. This subdivision does not limit the power of the Board of Parole Hearings to retain the ward on parole status for the period permitted by Section 1769. the committing juvenile court to retain jurisdiction pursuant to Section 607.1 and to establish the conditions of the wards supervision pursuant to subdivision (b) of Section 1766.
SECTION 1. Section 731 of the Welfare and Institutions Code is amended to read:
### SECTION 1.
731. (a) If a minor is adjudged a ward of the court on the ground that he or she is a person described by Section 602, the court may order any of the types of treatment referred to in Sections 727 and 730 and, in addition, may do any of the following:(1) Order the ward to make restitution, to pay a fine up to two hundred fifty dollars ($250) for deposit in the county treasury if the court finds that the minor has the financial ability to pay the fine, or to participate in uncompensated work programs.(2) Commit the ward to a sheltered-care facility.(3) Order that the ward and his or her family or guardian participate in a program of professional counseling as arranged and directed by the probation officer as a condition of continued custody of the ward.(4) Commit the ward to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, if the ward has committed an offense described in subdivision (b) of Section 707 or subdivision (c) of Section 290.008 of the Penal Code, and is not otherwise ineligible for commitment to the division under Section 733.(b) The Division of Juvenile Facilities shall notify the Department of Finance when a county recalls a ward pursuant to Section 731.1. The division shall provide the department with the date the ward was recalled and the number of months the ward has served in a state facility. The division shall provide this information in the format prescribed by the department and within the timeframes established by the department.(c) A ward committed to the Division of Juvenile Facilities may not be held in physical confinement for a period of time in excess of the maximum period of imprisonment that could be imposed upon an adult convicted of the offense or offenses that brought or continued the minor under the jurisdiction of the juvenile court. A ward committed to the Division of Juvenile Facilities also may not be held in physical confinement for a period of time in excess of the maximum term of physical confinement set by the court based upon the facts and circumstances of the matter or matters that brought or continued the ward under the jurisdiction of the juvenile court, which may not exceed the maximum period of adult confinement as determined pursuant to this section. This section subdivision. This subdivision does not limit the power of the Board of Parole Hearings to retain the ward on parole status for the period permitted by Section 1769. the committing juvenile court to retain jurisdiction pursuant to Section 607.1 and to establish the conditions of the wards supervision pursuant to subdivision (b) of Section 1766.
731. (a) If a minor is adjudged a ward of the court on the ground that he or she is a person described by Section 602, the court may order any of the types of treatment referred to in Sections 727 and 730 and, in addition, may do any of the following:(1) Order the ward to make restitution, to pay a fine up to two hundred fifty dollars ($250) for deposit in the county treasury if the court finds that the minor has the financial ability to pay the fine, or to participate in uncompensated work programs.(2) Commit the ward to a sheltered-care facility.(3) Order that the ward and his or her family or guardian participate in a program of professional counseling as arranged and directed by the probation officer as a condition of continued custody of the ward.(4) Commit the ward to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, if the ward has committed an offense described in subdivision (b) of Section 707 or subdivision (c) of Section 290.008 of the Penal Code, and is not otherwise ineligible for commitment to the division under Section 733.(b) The Division of Juvenile Facilities shall notify the Department of Finance when a county recalls a ward pursuant to Section 731.1. The division shall provide the department with the date the ward was recalled and the number of months the ward has served in a state facility. The division shall provide this information in the format prescribed by the department and within the timeframes established by the department.(c) A ward committed to the Division of Juvenile Facilities may not be held in physical confinement for a period of time in excess of the maximum period of imprisonment that could be imposed upon an adult convicted of the offense or offenses that brought or continued the minor under the jurisdiction of the juvenile court. A ward committed to the Division of Juvenile Facilities also may not be held in physical confinement for a period of time in excess of the maximum term of physical confinement set by the court based upon the facts and circumstances of the matter or matters that brought or continued the ward under the jurisdiction of the juvenile court, which may not exceed the maximum period of adult confinement as determined pursuant to this section. This section subdivision. This subdivision does not limit the power of the Board of Parole Hearings to retain the ward on parole status for the period permitted by Section 1769. the committing juvenile court to retain jurisdiction pursuant to Section 607.1 and to establish the conditions of the wards supervision pursuant to subdivision (b) of Section 1766.
731. (a) If a minor is adjudged a ward of the court on the ground that he or she is a person described by Section 602, the court may order any of the types of treatment referred to in Sections 727 and 730 and, in addition, may do any of the following:(1) Order the ward to make restitution, to pay a fine up to two hundred fifty dollars ($250) for deposit in the county treasury if the court finds that the minor has the financial ability to pay the fine, or to participate in uncompensated work programs.(2) Commit the ward to a sheltered-care facility.(3) Order that the ward and his or her family or guardian participate in a program of professional counseling as arranged and directed by the probation officer as a condition of continued custody of the ward.(4) Commit the ward to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, if the ward has committed an offense described in subdivision (b) of Section 707 or subdivision (c) of Section 290.008 of the Penal Code, and is not otherwise ineligible for commitment to the division under Section 733.(b) The Division of Juvenile Facilities shall notify the Department of Finance when a county recalls a ward pursuant to Section 731.1. The division shall provide the department with the date the ward was recalled and the number of months the ward has served in a state facility. The division shall provide this information in the format prescribed by the department and within the timeframes established by the department.(c) A ward committed to the Division of Juvenile Facilities may not be held in physical confinement for a period of time in excess of the maximum period of imprisonment that could be imposed upon an adult convicted of the offense or offenses that brought or continued the minor under the jurisdiction of the juvenile court. A ward committed to the Division of Juvenile Facilities also may not be held in physical confinement for a period of time in excess of the maximum term of physical confinement set by the court based upon the facts and circumstances of the matter or matters that brought or continued the ward under the jurisdiction of the juvenile court, which may not exceed the maximum period of adult confinement as determined pursuant to this section. This section subdivision. This subdivision does not limit the power of the Board of Parole Hearings to retain the ward on parole status for the period permitted by Section 1769. the committing juvenile court to retain jurisdiction pursuant to Section 607.1 and to establish the conditions of the wards supervision pursuant to subdivision (b) of Section 1766.
731. (a) If a minor is adjudged a ward of the court on the ground that he or she is a person described by Section 602, the court may order any of the types of treatment referred to in Sections 727 and 730 and, in addition, may do any of the following:
(1) Order the ward to make restitution, to pay a fine up to two hundred fifty dollars ($250) for deposit in the county treasury if the court finds that the minor has the financial ability to pay the fine, or to participate in uncompensated work programs.
(2) Commit the ward to a sheltered-care facility.
(3) Order that the ward and his or her family or guardian participate in a program of professional counseling as arranged and directed by the probation officer as a condition of continued custody of the ward.
(4) Commit the ward to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, if the ward has committed an offense described in subdivision (b) of Section 707 or subdivision (c) of Section 290.008 of the Penal Code, and is not otherwise ineligible for commitment to the division under Section 733.
(b) The Division of Juvenile Facilities shall notify the Department of Finance when a county recalls a ward pursuant to Section 731.1. The division shall provide the department with the date the ward was recalled and the number of months the ward has served in a state facility. The division shall provide this information in the format prescribed by the department and within the timeframes established by the department.
(c) A ward committed to the Division of Juvenile Facilities may not be held in physical confinement for a period of time in excess of the maximum period of imprisonment that could be imposed upon an adult convicted of the offense or offenses that brought or continued the minor under the jurisdiction of the juvenile court. A ward committed to the Division of Juvenile Facilities also may not be held in physical confinement for a period of time in excess of the maximum term of physical confinement set by the court based upon the facts and circumstances of the matter or matters that brought or continued the ward under the jurisdiction of the juvenile court, which may not exceed the maximum period of adult confinement as determined pursuant to this section. This section subdivision. This subdivision does not limit the power of the Board of Parole Hearings to retain the ward on parole status for the period permitted by Section 1769. the committing juvenile court to retain jurisdiction pursuant to Section 607.1 and to establish the conditions of the wards supervision pursuant to subdivision (b) of Section 1766.