Secure youth treatment facilities.

The bill text was reformatted from a printed document layout with line numbers and page breaks into a web page format with navigation elements, quick search, and version tracking links. No substantive policy language was changed.

Section 876.5 was entirely deleted. This section had allowed a prosecuting agency to request the county behavioral health director or State Department of State Hospitals director to review any case where probation did not seek extended detention, and for a designated mental health professional to either affirm probation's decision, order additional assessment, or request the prosecutor file a petition for extended detention.

The maximum period of continued detention after a trial finding was reduced from 5 years to 4 years (subdivision e(2)).

New subdivision (f)(2) authorizes the court, in order to protect other persons in probation custody, to refer the person for evaluation for civil commitment or to transfer custody of any person over 25 years of age to county adult probation authorities for placement in an appropriate institution.

The state mandates reimbursement section was replaced. The old version provided that if the Commission on State Mandates determined the act contained state-mandated costs, reimbursement would be made under Government Code. The new version uses a realignment-based provision stating the act applies to local agencies only to the extent the state provides annual funding for cost increases.

Throughout the bill, references to 'adult secure institution' or 'secure adult institution' were changed to 'adult institution facility' or 'adult institution department,' a terminology standardization with no apparent substantive policy effect.

Custody location expanded from secure youth treatment facilities only to also include state mental health hospitals and other appropriate adult secure institutions throughout the bill.

Transfer authority for persons over 25 changed from county adult probation authorities to the State Department of State Hospitals or other appropriate secure adult institution, with an added referral-for-evaluation step.

The review process under Section 876.5 now allows prosecuting agencies to request review by the county behavioral health director or the Director of the State Department of State Hospitals in addition to the OYCR Director.

New subdivision (e)(2) requires the court or jury, upon finding a mental condition or disorder, to determine a specific period of continued detention based on evidence and a clinical assessment by the treatment team. The period cannot exceed 5 years and the court must state the basis on the record.

Expert reports used for probable cause findings must now have been attached to or incorporated by reference in the petition, and an explicit safeguard was added preserving the person's right to cross-examination and to compel witness attendance.

The deadline for filing a renewal application changed from a flat 10 years after the order to the specific period ordered by the court under the new subdivision (e)(2), effectively capping it at 5 years.

The specific jury summons timing requirement (not less than 4 days nor more than 30 days from the order for trial) was removed from the amended version.

The maximum period of continued detention after a trial finding was reduced from 5 years to 4 years.

The authority that reviews cases where probation has not requested extended detention was changed from the Director of the Office of Youth and Community Restoration to the county behavioral health director, shifting oversight from a state office to local government.

Access to the person's file during the review process was narrowed. Previously the prosecuting agency, the director, the agency, and the designated mental health professional all had access. Now only the prosecuting agency and the designated mental health professional have access.

Requests for review are now submitted directly to the designated mental health professional rather than through the director or agency.

The subdivision structure of Section 876(a) was simplified by removing the (1) and (2) sub-numbering, consolidating the initial determination language into a single paragraph.

A new section was added addressing the 2011 Realignment Legislation, providing that the act applies to local agencies only to the extent the state provides annual funding for cost increases, and that new programs above funded levels do not require state subvention or trigger Article XIII B reimbursement.