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| 1 | + | Amended IN Assembly March 13, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 898Introduced by Assembly Member LackeyFebruary 14, 2023 An act to add Section 874 to the Welfare and Institutions Code, relating to juveniles. LEGISLATIVE COUNSEL'S DIGESTAB 898, as amended, Lackey. Juvenile halls.Existing law provides for the placement of juveniles under the jurisdiction of the juvenile court into a county juvenile hall. Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system, as specified. Existing law requires the board to inspect each local detention facility in the state at least biennially, including juvenile halls and similar facilities used for the confinement of any minor, as specified.This bill would require every juvenile probation department to annually report injuries to juvenile hall staff and residents resulting from an interaction with a resident to the Board of State and Community Corrections, as specified. By imposing new duties on juvenile probation departments to complete this reporting requirement, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 874 is added to the Welfare and Institutions Code, to read:874. (a) Every juvenile probation department shall annually report to the Board of State and Community Corrections all injuries to juvenile hall staff and residents resulting from an interaction with a resident.(b) For each injury reported, the following information shall be provided:(1) The age of the resident. resident or residents involved.(2) The extent of the injury. injuries to staff and residents.(3) Whether the agency filed a report with the district attorneys office.(4) Whether the district attorneys office filed a criminal charge against the resident.(5) The staffing ratio at the time of the incident.(6) The location of the incident.(7) Whether the incident took place in a secure youth treatment facility described in Section 875.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
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| 3 | + | Amended IN Assembly March 13, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 898Introduced by Assembly Member LackeyFebruary 14, 2023 An act to add Section 874 to the Welfare and Institutions Code, relating to juveniles. LEGISLATIVE COUNSEL'S DIGESTAB 898, as amended, Lackey. Juvenile halls.Existing law provides for the placement of juveniles under the jurisdiction of the juvenile court into a county juvenile hall. Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system, as specified. Existing law requires the board to inspect each local detention facility in the state at least biennially, including juvenile halls and similar facilities used for the confinement of any minor, as specified.This bill would require every juvenile probation department to annually report injuries to juvenile hall staff and residents resulting from an interaction with a resident to the Board of State and Community Corrections, as specified. By imposing new duties on juvenile probation departments to complete this reporting requirement, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 13, 2023 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate June 29, 2023 | |
| 8 | 7 | Amended IN Assembly March 13, 2023 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 898 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member LackeyFebruary 14, 2023 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member Lackey | |
| 19 | 18 | February 14, 2023 | |
| 20 | 19 | ||
| 21 | 20 | An act to add Section 874 to the Welfare and Institutions Code, relating to juveniles. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | 26 | AB 898, as amended, Lackey. Juvenile halls. | |
| 28 | 27 | ||
| 29 | - | Existing law provides for the placement of juveniles under the jurisdiction of the juvenile court into a county juvenile hall. Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system, as specified. Existing law requires the board to inspect each local detention facility in the state at least biennially, including juvenile halls and similar facilities used for the confinement of any minor, as specified.This bill would require every juvenile probation department to annually report | |
| 28 | + | Existing law provides for the placement of juveniles under the jurisdiction of the juvenile court into a county juvenile hall. Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system, as specified. Existing law requires the board to inspect each local detention facility in the state at least biennially, including juvenile halls and similar facilities used for the confinement of any minor, as specified.This bill would require every juvenile probation department to annually report injuries to juvenile hall staff and residents resulting from an interaction with a resident to the Board of State and Community Corrections, as specified. By imposing new duties on juvenile probation departments to complete this reporting requirement, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 30 | 29 | ||
| 31 | 30 | Existing law provides for the placement of juveniles under the jurisdiction of the juvenile court into a county juvenile hall. Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system, as specified. Existing law requires the board to inspect each local detention facility in the state at least biennially, including juvenile halls and similar facilities used for the confinement of any minor, as specified. | |
| 32 | 31 | ||
| 33 | - | This bill would require every juvenile probation department to annually report | |
| 32 | + | This bill would require every juvenile probation department to annually report injuries to juvenile hall staff and residents resulting from an interaction with a resident to the Board of State and Community Corrections, as specified. By imposing new duties on juvenile probation departments to complete this reporting requirement, this bill would impose a state-mandated local program. | |
| 34 | 33 | ||
| 35 | 34 | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 36 | 35 | ||
| 37 | 36 | This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 38 | 37 | ||
| 39 | 38 | ## Digest Key | |
| 40 | 39 | ||
| 41 | 40 | ## Bill Text | |
| 42 | 41 | ||
| 43 | - | The people of the State of California do enact as follows:SECTION 1. Section 874 is added to the Welfare and Institutions Code, to read:874. (a) Every juvenile probation department shall annually report to the Board of State and Community Corrections all injuries to juvenile hall staff and residents resulting from an interaction with a resident.(b) For each injury reported, the following information shall be provided:(1) The age of the resident or residents involved.(2) The extent of injuries to staff and residents.(3) Whether the agency filed a report with the district attorneys office.(4) Whether the district attorneys office filed a criminal charge against the resident.(5) The staffing ratio at the time of the incident.(6) The location of the incident.(7) Whether the incident took place in a secure youth treatment facility described in Section 875. | |
| 42 | + | The people of the State of California do enact as follows:SECTION 1. Section 874 is added to the Welfare and Institutions Code, to read:874. (a) Every juvenile probation department shall annually report to the Board of State and Community Corrections all injuries to juvenile hall staff and residents resulting from an interaction with a resident.(b) For each injury reported, the following information shall be provided:(1) The age of the resident. resident or residents involved.(2) The extent of the injury. injuries to staff and residents.(3) Whether the agency filed a report with the district attorneys office.(4) Whether the district attorneys office filed a criminal charge against the resident.(5) The staffing ratio at the time of the incident.(6) The location of the incident.(7) Whether the incident took place in a secure youth treatment facility described in Section 875.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 44 | 43 | ||
| 45 | 44 | The people of the State of California do enact as follows: | |
| 46 | 45 | ||
| 47 | 46 | ## The people of the State of California do enact as follows: | |
| 48 | 47 | ||
| 49 | - | SECTION 1. Section 874 is added to the Welfare and Institutions Code, to read:874. (a) Every juvenile probation department shall annually report to the Board of State and Community Corrections all injuries to juvenile hall staff and residents resulting from an interaction with a resident.(b) For each injury reported, the following information shall be provided:(1) The age of the resident or residents involved.(2) The extent of injuries to staff and residents.(3) Whether the agency filed a report with the district attorneys office.(4) Whether the district attorneys office filed a criminal charge against the resident.(5) The staffing ratio at the time of the incident.(6) The location of the incident.(7) Whether the incident took place in a secure youth treatment facility described in Section 875. | |
| 48 | + | SECTION 1. Section 874 is added to the Welfare and Institutions Code, to read:874. (a) Every juvenile probation department shall annually report to the Board of State and Community Corrections all injuries to juvenile hall staff and residents resulting from an interaction with a resident.(b) For each injury reported, the following information shall be provided:(1) The age of the resident. resident or residents involved.(2) The extent of the injury. injuries to staff and residents.(3) Whether the agency filed a report with the district attorneys office.(4) Whether the district attorneys office filed a criminal charge against the resident.(5) The staffing ratio at the time of the incident.(6) The location of the incident.(7) Whether the incident took place in a secure youth treatment facility described in Section 875. | |
| 50 | 49 | ||
| 51 | 50 | SECTION 1. Section 874 is added to the Welfare and Institutions Code, to read: | |
| 52 | 51 | ||
| 53 | 52 | ### SECTION 1. | |
| 54 | 53 | ||
| 55 | - | 874. (a) Every juvenile probation department shall annually report to the Board of State and Community Corrections all injuries to juvenile hall staff and residents resulting from an interaction with a resident.(b) For each injury reported, the following information shall be provided:(1) The age of the resident or residents involved.(2) The extent of injuries to staff and residents.(3) Whether the agency filed a report with the district attorneys office.(4) Whether the district attorneys office filed a criminal charge against the resident.(5) The staffing ratio at the time of the incident.(6) The location of the incident.(7) Whether the incident took place in a secure youth treatment facility described in Section 875. | |
| 54 | + | 874. (a) Every juvenile probation department shall annually report to the Board of State and Community Corrections all injuries to juvenile hall staff and residents resulting from an interaction with a resident.(b) For each injury reported, the following information shall be provided:(1) The age of the resident. resident or residents involved.(2) The extent of the injury. injuries to staff and residents.(3) Whether the agency filed a report with the district attorneys office.(4) Whether the district attorneys office filed a criminal charge against the resident.(5) The staffing ratio at the time of the incident.(6) The location of the incident.(7) Whether the incident took place in a secure youth treatment facility described in Section 875. | |
| 56 | 55 | ||
| 57 | - | 874. (a) Every juvenile probation department shall annually report to the Board of State and Community Corrections all injuries to juvenile hall staff and residents resulting from an interaction with a resident.(b) For each injury reported, the following information shall be provided:(1) The age of the resident or residents involved.(2) The extent of injuries to staff and residents.(3) Whether the agency filed a report with the district attorneys office.(4) Whether the district attorneys office filed a criminal charge against the resident.(5) The staffing ratio at the time of the incident.(6) The location of the incident.(7) Whether the incident took place in a secure youth treatment facility described in Section 875. | |
| 56 | + | 874. (a) Every juvenile probation department shall annually report to the Board of State and Community Corrections all injuries to juvenile hall staff and residents resulting from an interaction with a resident.(b) For each injury reported, the following information shall be provided:(1) The age of the resident. resident or residents involved.(2) The extent of the injury. injuries to staff and residents.(3) Whether the agency filed a report with the district attorneys office.(4) Whether the district attorneys office filed a criminal charge against the resident.(5) The staffing ratio at the time of the incident.(6) The location of the incident.(7) Whether the incident took place in a secure youth treatment facility described in Section 875. | |
| 58 | 57 | ||
| 59 | - | 874. (a) Every juvenile probation department shall annually report to the Board of State and Community Corrections all injuries to juvenile hall staff and residents resulting from an interaction with a resident.(b) For each injury reported, the following information shall be provided:(1) The age of the resident or residents involved.(2) The extent of injuries to staff and residents.(3) Whether the agency filed a report with the district attorneys office.(4) Whether the district attorneys office filed a criminal charge against the resident.(5) The staffing ratio at the time of the incident.(6) The location of the incident.(7) Whether the incident took place in a secure youth treatment facility described in Section 875. | |
| 58 | + | 874. (a) Every juvenile probation department shall annually report to the Board of State and Community Corrections all injuries to juvenile hall staff and residents resulting from an interaction with a resident.(b) For each injury reported, the following information shall be provided:(1) The age of the resident. resident or residents involved.(2) The extent of the injury. injuries to staff and residents.(3) Whether the agency filed a report with the district attorneys office.(4) Whether the district attorneys office filed a criminal charge against the resident.(5) The staffing ratio at the time of the incident.(6) The location of the incident.(7) Whether the incident took place in a secure youth treatment facility described in Section 875. | |
| 60 | 59 | ||
| 61 | 60 | ||
| 62 | 61 | ||
| 63 | 62 | 874. (a) Every juvenile probation department shall annually report to the Board of State and Community Corrections all injuries to juvenile hall staff and residents resulting from an interaction with a resident. | |
| 64 | 63 | ||
| 65 | 64 | (b) For each injury reported, the following information shall be provided: | |
| 66 | 65 | ||
| 67 | - | (1) The age of the resident or residents involved. | |
| 66 | + | (1) The age of the resident. resident or residents involved. | |
| 68 | 67 | ||
| 69 | - | (2) The extent of injuries to staff and residents. | |
| 68 | + | (2) The extent of the injury. injuries to staff and residents. | |
| 70 | 69 | ||
| 71 | 70 | (3) Whether the agency filed a report with the district attorneys office. | |
| 72 | 71 | ||
| 73 | 72 | (4) Whether the district attorneys office filed a criminal charge against the resident. | |
| 74 | 73 | ||
| 75 | 74 | (5) The staffing ratio at the time of the incident. | |
| 76 | 75 | ||
| 77 | 76 | (6) The location of the incident. | |
| 78 | 77 | ||
| 79 | 78 | (7) Whether the incident took place in a secure youth treatment facility described in Section 875. | |
| 80 | - | ||
| 81 | - | (8) A statement or statements from any residents involved. | |
| 82 | - | ||
| 83 | - | (c) The statement required in paragraph (8) of subdivision (b) shall not be taken by any custodial staff in a position of power or influence over the resident providing the statement. | |
| 84 | 79 | ||
| 85 | 80 | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 86 | 81 | ||
| 87 | 82 | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 88 | 83 | ||
| 89 | 84 | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 90 | 85 | ||
| 91 | 86 | ### SEC. 2. |