SB 941 California Senate · 2015-2016 Regular Session

Juveniles.

Summary
(1) Existing law provides that the board of supervisors of any county may authorize the correctional administrator to offer a program under which inmates committed to a county jail or other county correctional facility or granted probation, or inmates participating in a work furlough program, may voluntarily participate or involuntarily be placed in a home detention program during their sentence in lieu of confinement in a county jail or other county correctional facility or program. Existing law authorizes the board of supervisors to prescribe a program administrative fee and an application fee for this program. This bill would make those fees payable only by adult participants of that home detention program who are over 21 years of age and under the jurisdiction of the criminal court. (2) Existing law provides that upon conviction of certain offenses involving controlled substances, or upon a finding that a minor is subject to the jurisdiction of the juvenile court by reason of committing one of those certain offenses, the court, when recommended by the probation officer, shall require, as a condition of probation, that the defendant or the minor not use or be under the influence of any controlled substance and submit to drug and substance abuse testing as directed by the probation officer, unless the court makes a finding that this condition would not serve the interests of justice. Existing law requires the court to order the defendant or the minor to pay a reasonable fee, not to exceed the actual cost of the testing, if the defendant or the minor is required to submit to testing and has the financial ability to pay all or part of those costs. This bill would authorize the court to order a defendant to pay that reasonable fee only if the defendant is an adult who is over 21 years of age and under the jurisdiction of the criminal court. The bill would also delete the authorization to charge the minor that reasonable fee. By increasing county costs associated with drug and substance abuse testing, this bill would impose a state-mandated local program. (3) Existing law requires specified orders providing for the care and custody of a ward, dependent child, or other minor person to direct that the whole expense of support and maintenance of the minor, up to the amount of $20 per month, be paid from the county treasury. Existing law authorizes the board of supervisors of each county to establish a maximum amount that the court may order the county to pay for that support and maintenance and authorizes the court to direct that an amount up to that maximum amount be paid. This bill would delete the $20 maximum on support and maintenance payments and delete county boards of supervisors authorization to establish a maximum amount that the court may order the county to pay. By increasing county funding obligations, this bill would impose a state-mandated local program. (4) Existing law generally imposes liability on a parent, spouse, or other person liable for the support of a minor for certain costs, including the reasonable costs of transporting the minor to a juvenile facility and for the costs of the minor's food, shelter, and care at the juvenile facility when the minor has been held in temporary custody, as specified, and certain other circumstances are applicable; the reasonable costs of supporting the minor when he or she is placed, detained in, committed to, any institution or other place pursuant to specified provisions of law or pursuant to an order of the juvenile court; the cost of the legal services rendered to the minor by an attorney pursuant to an order of the juvenile court; and the cost of probation supervision, home supervision, or electronic surveillance of the minor, pursuant to the order of the juvenile court. This bill would repeal these provisions and specify that, on and after January 1, 2017, the balance of any court-ordered costs imposed pursuant those provisions is unenforceable and uncollectable. The bill would, on January 1, 2018, require the portion of the judgment imposing those costs to be vacated. The bill would make other conforming changes. By increasing county funding obligations, this bill would impose a state-mandated local program. (5) Existing law establishes the Foster Children and Parent Training Fund in the State Treasury for purposes of supporting foster parent training programs conducted by community colleges. Existing law makes this fund inoperative after June 30, 2005, unless otherwise specified in the annual Budget Act or in another statute. This bill would repeal those provisions. (6) Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states, known in California as the California Work Opportunity and Responsibility to Kids (CalWORKs) program. Under the CalWORKs program, each county provides cash assistance and other benefits to qualified low-income families and individuals who meet specified eligibility criteria. Existing law requires, with certain exceptions, every individual, as a condition of eligibility for aid under the CalWORKs program, to participate in welfare-to-work activities. Existing law authorizes a recipient to participate in family stabilization if the county determines that his or her family is experiencing an identified situation or crisis that is destabilizing the family and would interfere with participation in welfare-to-work activities and services. Existing law specifies that a situation or crisis that is destabilizing the family may include, but is not limited to, homelessness or imminent risk of homelessness. This bill would also specify that a situation or crisis that is destabilizing the family includes when a child in the family has been held in temporary custody in a law enforcement facility, as specified. (7) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2016
Committee Review
Floor Vote
Governor
Introduced Feb 3, 2016 Last action May 27, 2016
Floor votes

How they voted

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Full legislative history

Actions timeline

Total actions
14
Key actions
0
Committee
5
May 27, 2016
Senate · Reported by committee
May 27 hearing: Held in committee and under submission.
May 10, 2016
Senate · Reported by committee
May 16 hearing postponed by committee.
Apr 20, 2016
Senate · Referred to committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1. Page 3612.) (April 19). Re-referred to Com. on APPR.
Apr 6, 2016
Senate · Referred to committee
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Feb 18, 2016
Senate · Referred to committee
Referred to Com. on PUB. S.
Feb 3, 2016
Senate · Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Holly J. Mitchell
Holly J. Mitchell
DDemocratic
CA
30