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<ns0:Id>20250SB__100999INT</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-10</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Becker</ns0:AuthorText>
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<ns0:Legislator>
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<ns0:House>SENATE</ns0:House>
<ns0:Name>Becker</ns0:Name>
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<ns0:Title> An act to amend Sections 635, 636, 726, 730, and 875 of, and to add Section 636.3 to, the Welfare and Institutions Code, relating to juveniles. </ns0:Title>
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<ns0:Subject>Juveniles: detention.</ns0:Subject>
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<html:p>
(1)
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Existing law requires a court to determine whether a minor in custody will be released from, or detained in, custody, considering, among other things, whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another and whether continuance in the home is contrary to the minor’s welfare.
</html:p>
<html:p>This bill would instead require the court to order the release of a minor from custody unless the court finds, based on clear and convincing evidence, that the minor has violated an order of the juvenile court, has escaped from the commitment of the juvenile court, or that it is a matter of immediate and urgent necessity for the protection of the minor or for the protection of the person of another that the minor be detained or that the
minor is likely to flee to avoid jurisdiction of the court. The bill would prohibit the court from ordering that a minor be detained in a juvenile hall unless it makes a finding that a less restrictive alternative to detention in the juvenile hall is unsuitable. The bill would also require the court, upon request, to reconsider whether continued detention in the juvenile hall is necessary based on current information and consistent with these provisions. </html:p>
<html:p>
(2)
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Existing law prohibits a ward or dependent child from being taken from the physical custody of a parent or guardian unless the court makes specified findings. Under existing law, if a minor is removed from the physical custody of the minor’s parent or guardian as a result of an order of wardship pursuant to specified provisions, the order is required to specify the period of imprisonment. Existing law authorizes the court to commit a minor to a juvenile hall, juvenile home, ranch, camp, or
forestry camp.
</html:p>
<html:p>This bill would prohibit a minor from being removed from the physical custody of the minor’s parent or guardian as a result of an order of wardship unless the court finds by clear and convincing evidence that a less restrictive alternative disposition for the ward is unsuitable. The bill would require the court to consider all relevant and material evidence, as specified, and consider whether reasonable efforts were made to eliminate the need for removal or continued removal from the home, and whether services could be provided to enable the child’s parent or legal guardian to obtain assistance that may be needed to effectively provide the care and control necessary for the child to return home in lieu of an order of removal. The bill would require the court to state the reasons for its decision on the record, as specified. </html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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<html:p>The Legislature finds and declares all of the following:</html:p>
<html:p>
(a)
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It is widely recognized that youth held in secure facilities while awaiting court hearings experience significant negative impacts as a result of incarceration. Research highlights the traumatizing effect of detention on youth, the poor educational and employment outcomes of detained youth, the exacerbation of mental health issues, and the fact that youth incarceration may increase recidivism. See The Evolution of Juvenile Justice and Probation Practices in California (2022), a report commissioned by the California Probation Resource Institute, a project of the Chief Probation Officers of California.
</html:p>
<html:p>
(b)
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Youth
confinement disrupts healthy development and worsens long-term rehabilitative outcomes. Juvenile halls concentrate in one place youth with diverse trauma histories, mental health needs, stages of adolescent development, and degree of justice system involvement. This setting can facilitate unintended peer associations and foster attitudes and choices that are contrary to the rehabilitative goals of the juvenile justice system.
</html:p>
<html:p>
(c)
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Detention forecloses opportunities for youth to demonstrate and develop positive behavior in the community during the pendency of the proceedings and limits a youth’s ability to assist in their defense, thereby increasing the likelihood that continued confinement will be ordered at disposition.
</html:p>
<html:p>
(d)
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Youth of color, tribal youth, LGBTQ youth, youth with disabilities, and youth involved in the child welfare system are disproportionately represented in county
juvenile halls across California. Data consistently demonstrate that these populations experience significantly higher rates of detention and institutional placement compared to their peers, reflecting systemic inequities that persist at every decision point in the juvenile justice process.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
While the pretrial detention of adults requires clear and convincing evidence that no other conditions of release could reasonably protect public safety as explained in People v. Humphrey (2021) 11 Cal.5th 135, 153, there is no enumerated evidentiary standard for the detention of youth. A clear and convincing evidence standard similarly should apply to the detention of youth.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Despite a sustained decline in youth arrest rates in recent decades, the number of detained youth has not fallen at a comparable pace. California dedicates considerable taxpayer resources to juvenile
incarceration, often exceeding $250,000 annually per youth according to the Board of State and Community Corrections. These expenditures are not justified given the well-documented harms of youth confinement and the frequent availability of community-based alternatives that are shown to improve public safety outcomes as well as reduce costs.
</html:p>
<html:p>
(g)
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The Legislature reaffirms its intention to ensure that dispositions are imposed in the least restrictive appropriate environment and to reduce the use of confinement in the juvenile justice system by utilizing community-based responses and interventions. Accordingly, courts should prioritize noncustodial dispositions that maintain youth connections to their families and communities, reserving custodial commitments for circumstances in which no suitable alternative exists and, if imposed, only for the duration necessary to meet the youth’s rehabilitative needs.
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<html:p>
(h)
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For these reasons, the Legislature reaffirms the longstanding principle that “detention be the exception, not the rule” for justice-involved youth. (In re William M. (1970) 3 Cal.3d 16, 26.)
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 635 of the
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is amended to read:
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<ns0:Num>635.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The court will examine the minor, their parent, legal guardian, or other person having relevant knowledge, hear relevant evidence the minor, their parent, legal guardian, or counsel desires to present, and, unless the court finds by clear and convincing evidence that the minor has violated an order of the juvenile court or has escaped from the commitment of the juvenile court or that it is a matter of immediate and urgent necessity for the protection of the minor or
for the protection of the person
of another that they be detained or that the minor is likely to flee to avoid the jurisdiction of the court, the court shall make its order releasing the minor from custody.
</html:p>
<html:p>
(2)
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The court shall not order a minor detained in the juvenile hall unless it makes a finding that a less restrictive alternative to detention in the juvenile hall is unsuitable.
</html:p>
<html:p>
(b)
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(1)
<html:span class="EnSpace"/>
The circumstances and gravity of the alleged offense may be considered, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained.
</html:p>
<html:p>
(2)
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The court’s decision to detain shall be based on the above factors, and shall not be based solely on the minor’s county of residence. A minor shall be given equal consideration for release on home supervision pursuant to Section 628.1, which may include electronic monitoring pursuant to Section 628.2, regardless of whether the minor lives in the county where the offense occurred. The juvenile court has authority to order the minor be placed on home supervision, with or without electronic monitoring, regardless of the minor’s county of residence.
</html:p>
<html:p>
(3)
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If a minor is a dependent of the court pursuant to Section 300, the court’s decision to detain shall not be based on the minor’s status as a dependent of the court or the child welfare services department’s inability to provide a placement for the minor.
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<html:p>
(c)
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(1)
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The court shall order release of
the minor from custody unless a prima facie showing has been made that the minor is a person described in Section 601 or 602.
</html:p>
<html:p>
(2)
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If the court orders release of a minor who is a dependent of the court pursuant to Section 300, the court shall order the child welfare services department either to ensure that the minor’s current foster parent or other caregiver takes physical custody of the minor or to take physical custody of the minor and place the minor in a licensed or approved placement.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the probation officer has reason to believe that the minor is at risk of entering foster care placement as described in Section 11402, then the probation officer shall submit a written report to the court containing all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The reasons why the minor has been removed from the parent’s custody.
</html:p>
<html:p>
(2)
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Any prior referrals for abuse or neglect of the minor or any prior filings regarding the minor pursuant to Section 300.
</html:p>
<html:p>
(3)
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The need, if any, for continued detention.
</html:p>
<html:p>
(4)
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The available services that could facilitate the return of the minor to the custody of the minor’s parents or guardians.
</html:p>
<html:p>
(5)
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Whether there are any relatives who are able and willing to provide effective care and control over the minor.
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 636 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Num>636.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
(1)
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If the court finds by clear and convincing evidence that the minor has violated an order of the juvenile court or has escaped from a commitment of the juvenile court or that it is a matter of immediate and urgent necessity for the protection of the minor or for the protection of the person
of another that the minor be detained or that the minor is likely to flee to avoid the jurisdiction of the court, and
the court finds by clear and convincing evidence that continuance in the home is contrary to the minor’s welfare, the court may make its order that the minor be detained in the juvenile hall or other suitable place designated by the juvenile court for a period not to exceed 15 judicial days and shall enter the order together with its findings of fact in support thereof in the records of the court. The circumstances and gravity of the alleged offense may be considered, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the minor or the person or property of another that the minor be detained. The court shall not order a minor detained in the juvenile hall unless it makes a finding that a less restrictive alternative to detention
in the juvenile hall is unsuitable.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The court’s decision to detain shall be based on the above factors, and shall not be based solely on the minor’s county of residence. A minor shall be given equal consideration for release on home supervision pursuant to Section 628.1, which may include electronic monitoring pursuant to Section 628.2, regardless of whether the minor lives in the county where the offense occurred. The juvenile court has authority to order the minor be placed on home supervision, with or without electronic monitoring, regardless of the minor’s county of residence. If a minor is a dependent of the court pursuant to Section 300, the court’s decision to detain shall not be based on the minor’s status as a dependent of the
court or the child welfare services department’s inability to provide a placement for the minor.
</html:p>
<html:p>
(b)
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If the court finds that the criteria of Section 628.1 are applicable, the court shall place the minor on home supervision for a period not to exceed 15 judicial days, and shall enter the order together with its findings of fact in support thereof in the records of the court. If the court releases the minor on home supervision, the court may continue, modify, or augment any conditions of release previously imposed by the probation officer, or may impose new conditions on a minor released for the first time. If there are new or modified conditions, the minor shall be required to sign a written promise to obey those conditions pursuant to Section 628.1.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If the probation officer is recommending that the minor be detained, the probation officer shall submit to the court
documentation, as follows:
</html:p>
<html:p>
(1)
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Documentation that continuance in the home is contrary to the minor’s welfare shall be submitted to the court as part of the detention report prepared pursuant to Section 635.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Documentation that reasonable efforts were made to prevent or eliminate the need for removal of the minor from the home and documentation of the nature and results of the services provided shall be submitted to the court either as part of the detention report prepared pursuant to Section 635, or as part of a case plan prepared pursuant to Section 636.1, but in no case later than 60 days from the date of detention.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Except as provided in subdivision (e), before detaining the minor, the court shall determine whether continuance in the home is contrary to the minor’s welfare and whether there are available
services that would prevent the need for further detention. The court shall make that determination on a case-by-case basis and shall make reference to the documentation provided by the probation officer or other evidence relied upon in reaching its decision.
</html:p>
<html:p>
(1)
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If the minor can be returned to the custody of the minor’s parent or legal guardian at the detention hearing, through the provision of services to prevent removal, the court shall release the minor to the physical custody of the minor’s parent or legal guardian and order that those services be provided.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the minor cannot be returned to the custody of the minor’s parent or legal guardian at the detention hearing, the court shall state the facts upon which the detention is based. The court shall make the following findings on the record and reference the probation officer’s report or other evidence relied upon to make
its setting determinations:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Whether continuance in the home of the parent or legal guardian is contrary to the minor’s welfare.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Whether reasonable efforts have been made to safely maintain the minor in the home of the minor’s parent or legal guardian and to prevent or eliminate the need for removal of the minor from the minor’s home. This finding shall be made at the detention hearing if possible, but in no case later than 60 days following the minor’s removal from the home.
</html:p>
<html:p>
(3)
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If the minor cannot be returned to the custody of the minor’s parent or legal guardian at the detention hearing, the court shall make the following orders:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The probation officer shall provide services as soon as possible to enable the minor’s parent or legal guardian
to obtain any assistance as may be needed to enable the parent or guardian to effectively provide the care and control necessary for the minor to return to the home.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The minor’s placement and care shall be the responsibility of the probation department pending disposition or further order of the court.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the matter is set for rehearing pursuant to Section 637, or continued pursuant to Section 638, or continued for any other reason, the court shall find that the continuance of the minor in the parent’s or guardian’s home is contrary to the minor’s welfare at the initial petition hearing or order the release of the minor from custody.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For a minor who is a dependent of the court pursuant to Section 300, the court’s decision to detain the minor shall not be based on a finding that continuance in the minor’s
current placement is contrary to the minor’s welfare. If the court determines that continuance in the minor’s current placement is contrary to the minor’s welfare, the court shall order the child welfare services department to place the minor in another licensed or approved placement.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
For a placement made on or after October 1, 2021, each placement of the minor in a short-term residential therapeutic program shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 727.12.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
For a placement made on or after July 1, 2022, each placement of the minor in a community treatment facility shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 727.12.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Whether the minor is returned home or detained, the court shall order the
minor’s parent or guardian to cooperate with the probation officer in obtaining those services described in paragraph (1) of, or in subparagraph (A) of paragraph (3) of, subdivision (d).
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 636.3 is added to the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
, to read:
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<ns0:Num>636.3.</ns0:Num>
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(a)
<html:span class="EnSpace"/>
Whenever a court orders a minor detained in the juvenile hall, the court shall, upon request, reconsider whether continued detention in the juvenile hall is necessary based on current information and consistent with the provisions of this chapter.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section shall not be construed to affect a minor’s rights under Sections 636 and 657.
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<ns0:Num>SEC. 5.</ns0:Num>
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Section 726 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Num>726.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
In all cases in which a minor is adjudged a ward or dependent child of the court, the court may limit the control to be exercised over the ward or dependent child by any parent or guardian and shall, in its order, clearly and specifically set forth all those limitations, but no ward or dependent child shall be taken from the physical custody of a parent or guardian, unless upon the hearing the court finds one of the following facts:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
That the parent or guardian is incapable of providing or has failed or neglected to provide proper maintenance, training, and education for the minor.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
That the minor has been tried on probation while in custody and has failed to reform.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
That the welfare of the minor requires that custody be taken from the minor’s parent or guardian.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Whenever the court specifically limits the right of the parent or guardian to make educational or developmental services decisions for the minor, the court shall at the same time appoint a responsible adult to make educational or developmental services decisions for the child until one of the following occurs:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The minor reaches 18 years of age, unless the child chooses not to make educational or developmental services decisions for themselves, or is deemed by the court to be incompetent.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Another responsible adult is appointed to make educational or developmental services decisions for the minor pursuant to this section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The right of the parent or guardian to make educational or developmental services decisions for the minor is fully restored.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A successor guardian or conservator is appointed.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The child is placed into a planned permanent living arrangement pursuant to paragraph (5) or (6) of subdivision (b) of Section 727.3, at which time, for educational decisionmaking, the foster parent, relative caretaker, or nonrelative extended family member, as defined in Section 362.7, has the right to represent the child in educational matters pursuant to Section 56055 of the Education Code, and for decisions relating to developmental services, unless the court specifies otherwise, the foster parent, relative caregiver, or nonrelative extended family member of the planned permanent living arrangement has the right to represent the
child in matters related to developmental services.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
An individual who would have a conflict of interest in representing the child, as specified under federal regulations, may not be appointed to make educational decisions. The limitations applicable to conflicts of interest for educational rights holders shall also apply to authorized representatives for developmental services decisions pursuant to subdivision (b) of Section 4701.6. For purposes of this section, “an individual who would have a conflict of interest” means a person having any interests that might restrict or bias their ability to make educational or developmental services decisions, including, but not limited to, those conflicts of interest prohibited by Section 1126 of the Government Code, and the receipt of compensation or attorneys’ fees for the provision of services pursuant to this section. A foster parent may not be deemed to have a conflict of interest solely because
the foster parent receives compensation for the provision of services pursuant to this section.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
If the court limits the parent’s educational rights pursuant to subdivision (a), the court shall determine whether there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child and who is available and willing to serve as the child’s educational representative before appointing an educational representative or surrogate who is not known to the child.
</html:p>
<html:p>If the court cannot identify a responsible adult who is known to the child and available to make educational decisions for the child and paragraphs (1) to (5), inclusive, of subdivision (b) do not apply, and the child has either been referred to the local educational agency for special education and related services or has a valid individualized education program, the court shall refer the child to the
local educational agency for appointment of a surrogate parent pursuant to Section 7579.5 of the Government Code.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
All educational and school placement decisions shall seek to ensure that the child is in the least restrictive educational programs and has access to the academic resources, services, and extracurricular and enrichment activities that are available to all pupils. In all instances, educational and school placement decisions shall be based on the best interests of the child. If an educational representative or surrogate is appointed for the child, the representative or surrogate shall meet with the child, shall investigate the child’s educational needs and whether those needs are being met, and shall, before each review hearing held under Article 10 (commencing with Section 360), provide information and recommendations concerning the child’s educational needs to the child’s social worker, make written recommendations to the court,
or attend the hearing and participate in those portions of the hearing that concern the child’s education.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Nothing in this section in any way removes the obligation to appoint surrogate parents for students with disabilities who are without parental representation in special education procedures as required by state and federal law, including Section 1415(b)(2) of Title 20 of the United States Code, Section 56050 of the Education Code, Section 7579.5 of the Government Code, and Rule 5.650 of the California Rules of Court.
</html:p>
<html:p>If the court appoints a developmental services decisionmaker pursuant to this section, they shall have the authority to access the child’s information and records pursuant to subdivision (u) of Section 4514 and paragraph (23) of subdivision (a) of Section 5328, and to act on the child’s behalf for the purposes of the individual program plan process pursuant to Sections 4646,
4646.5, and 4648 and the fair hearing process pursuant to Chapter 7 (commencing with Section 4700) of Division 4.5, and as set forth in the court order.</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A minor may not be removed from the physical custody of the minor’s parent or guardian as the result of an order of wardship made pursuant to Section 602 unless the court finds by clear and convincing evidence that a less restrictive, alternative disposition for the ward is unsuitable. In making this determination, the court shall consider all relevant and material evidence, including, but not limited to, the recommendations of counsel, the probation department, and any other agency or individual designated by the court to advise on the appropriate disposition of the case.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
When considering an order of removal or
continued removal based on the evidence specified in paragraph (1), the court shall consider all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Whether reasonable efforts were made to eliminate the need for removal, or continued removal, of the child from the home.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Whether services could be provided to enable the child’s parent or legal guardian to obtain assistance that may be needed to effectively provide the care and control necessary for the child to return home in lieu of an order of removal.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the court orders the removal of the minor under this section, the court shall state on the record the reasons for its decision, including the reasons supporting the court’s finding that a less restrictive, alternative disposition for the ward is unsuitable. The court shall further specify how it weighed the factors specified in paragraph
(2). The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or in any case in which the proceedings are not being recorded electronically or reported by a court reporter.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the minor is removed from the physical custody of the minor’s parent or guardian as the result of an order of wardship made pursuant to Section 602, the order shall specify that the minor may not be held in physical confinement for a period in excess
of the middle term of imprisonment which could be imposed upon an adult convicted of the offense or offenses which brought or continued the minor under the jurisdiction of the juvenile court.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
As used in this section and in Section 731, “maximum term of imprisonment” means the middle of the three time periods set forth in paragraph (3) of subdivision (a) of Section 1170 of the Penal Code, but without the need to follow the provisions of subdivision (b) of Section 1170 of the Penal Code or to consider time for good behavior or participation pursuant to Sections 2930, 2931, and 2932 of the Penal Code, plus enhancements which must be proven if pled.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
If the court elects to aggregate the period of physical confinement on multiple counts or multiple petitions, including previously sustained petitions adjudging the minor a ward within Section 602, the “maximum term of imprisonment” shall be the aggregate term of imprisonment specified in subdivision (a) of Section 1170.1 of the Penal Code, which includes any additional term imposed pursuant to Section 667, 667.5, 667.6, or 12022.1 of the Penal Code, and Section 11370.2 of the Health and Safety Code.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
If the charged offense is a misdemeanor or a felony not included within the scope of Section 1170 of the Penal Code, the “maximum term of imprisonment” is the middle term of imprisonment prescribed by law.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Physical confinement” means placement in a juvenile hall, ranch, camp, forestry camp or secure juvenile home pursuant to Section 730, or in a secure youth treatment facility pursuant to Section 875, or in any institution operated by the Department of Corrections and Rehabilitation, Division of Juvenile Justice.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
This section does not limit the power of the court to retain jurisdiction over a minor and to make appropriate orders pursuant to Section 727 for the period permitted by Section 607.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_24FF79A2-4E14-4D78-A2AE-8F5F46730424">
<ns0:Num>SEC. 6.</ns0:Num>
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Section 730 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_51AB1A62-7625-4CA9-A917-45B3F78B474D">
<ns0:Num>730.</ns0:Num>
<ns0:LawSectionVersion id="id_87380691-4040-4487-A007-9F14C2B9E5C6">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
When a minor is adjudged a ward of the court on the ground that they are a person described by Section 602, the court may order any of the types of treatment referred to in Section 727, and as an additional alternative, may commit the minor to a juvenile home, ranch, camp, or forestry camp. The court shall comply with the requirements of subdivision (d) of Section 726 if the court orders a commitment to a juvenile home, ranch, camp, or forestry camp. If there is no county juvenile home, ranch, camp, or forestry camp within the county, the court may commit the minor to the county juvenile hall. In addition, the court may also make any of the following orders:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Order the ward to make restitution.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Commit the ward to a sheltered-care facility.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Order that the ward and the ward’s 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.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Order placement of the ward at the Pine Grove Youth Conservation Camp if the ward meets the placement criteria, the county has entered into a contract with the Department of Corrections and Rehabilitation, either directly or through another county, the department has found the ward amenable, and there is space and resources available for the placement. The county probation department shall receive approval from the department prior to transporting the ward to
the camp. The department shall immediately notify the county probation department if the ward is no longer amenable for continued camp placement and coordinate the immediate return of the ward to the county of jurisdiction.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A court shall not commit a juvenile to any juvenile facility for a period that exceeds the middle term of imprisonment that could be imposed upon an adult convicted of the same offense.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
When a ward described in subdivision (a) is placed under the supervision of the probation officer, or committed to the care, custody, and control of the probation officer, or the court orders the youth on unsupervised probation pursuant to paragraph (2) of subdivision (a) of Section 727, the court may make any and all reasonable orders for the conduct of the ward, including conditions of probation that shall meet all of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The conditions are individually tailored, developmentally appropriate, and reasonable.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The burden imposed by the conditions shall be proportional to the legitimate interests served by the conditions.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The conditions are determined by the court to be fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
When a ward described in subdivision (a) is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, and is required as a condition of probation to participate in community service or graffiti cleanup, the court may impose a condition that if the minor unreasonably fails to attend or unreasonably leaves prior to
completing the assigned daily hours of community service or graffiti cleanup, a law enforcement officer may take the minor into custody for the purpose of returning the minor to the site of the community service or graffiti cleanup.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
When a minor is adjudged or continued as a ward of the court on the ground that the ward is a person described by Section 602 by reason of the commission of rape, sodomy, oral copulation, or an act of sexual penetration specified in Section 289 of the Penal Code, the court shall order the minor to complete a sex offender treatment program, if the court determines, in consultation with the county probation officer, that suitable programs are available. In determining what type of treatment is appropriate, the court shall consider all of the following: the seriousness and circumstances of the offense, the vulnerability of the victim, the minor’s criminal history and prior attempts at rehabilitation, the
sophistication of the minor, the threat to public safety, the minor’s likelihood of reoffending, and any other relevant information presented. If ordered by the court to complete a sex offender treatment program, the minor shall pay all or a portion of the reasonable costs of the sex offender treatment program after a determination is made of the ability of the minor to pay.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_DD9EEBC5-9980-4FB5-87FF-12A6CBD8DE3E">
<ns0:Num>SEC. 7.</ns0:Num>
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Section 875 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_D176100D-D492-4480-93F8-A29E0B27519A">
<ns0:Num>875.</ns0:Num>
<ns0:LawSectionVersion id="id_1121FAEF-B3D7-47A2-B7C3-1BFC05C5AEA1">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
In addition to the types of treatment specified in Sections 727 and 730, commencing July 1, 2021, the court may order that a ward who is 14 years of age or older be committed to a secure youth treatment facility for a period of confinement described in subdivision (b) if the ward meets all of the following criteria:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The juvenile is adjudicated and found to be a ward of the court based on an offense listed in subdivision (b) of Section 707 that was committed when the juvenile was 14 years of age or older.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The adjudication described in paragraph (1) is the most recent offense for which the juvenile has been adjudicated.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The
court has made a finding on the record that a less restrictive, alternative disposition for the ward is unsuitable. In determining this, the court shall consider all relevant and material evidence, including the recommendations of counsel, the probation department, and any other agency or individual designated by the court to advise on the appropriate disposition of the case. The court shall additionally make its determination based on all of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The severity of the offense or offenses for which the ward has been most recently adjudicated, including the ward’s role in the offense, the ward’s behavior, and harm done to victims.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The ward’s previous delinquent history, including the adequacy and success of previous attempts by the juvenile court to rehabilitate the ward.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Whether the
programming, treatment, and education offered and provided in a secure youth treatment facility is appropriate to meet the treatment and security needs of the ward.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Whether the goals of rehabilitation and community safety can be met by assigning the ward to an alternative, less restrictive disposition that is available to the court.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The ward’s age, developmental maturity, mental and emotional health, sexual orientation, gender identity and expression, and any disabilities or special needs affecting the safety or suitability of committing the ward to a term of confinement in a secure youth treatment facility.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In making its order of commitment for a ward, the court shall set a baseline term of confinement for the ward that is based on the most serious recent offense for which the
ward has been adjudicated. The baseline term of confinement shall represent the time in custody necessary to meet the developmental and treatment needs of the ward and to prepare the ward for discharge to a period of probation supervision in the community. The baseline term of confinement for the ward shall be determined according to offense-based classifications that are approved by the Judicial Council, as described in subdivision (h). Pending the development and adoption of offense-based classifications by the Judicial Council, the court shall set a baseline term of confinement for the ward utilizing the discharge consideration date guidelines applied by the Department of Corrections and Rehabilitation, Division of Juvenile Justice prior to its closure and as set forth in Sections 30807 to 30813, inclusive, of Title 9 of the California Code of Regulations. These guidelines shall be used only to determine a baseline confinement time for the ward and shall not be used or relied on to modify the ward’s
confinement time in any manner other than as provided in this section. The court may, pending the adoption of Judicial Council guidelines, modify the initial baseline term with a deviation of plus or minus six months. The baseline term shall also be subject to modification in progress review hearings as described in subdivision (e).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For youth transferred from the Division of Juvenile Justice and committed to a secure youth treatment facility, the baseline term of confinement shall not exceed a youth’s projected juvenile parole board date as defined in paragraph (12) of Section 30800 of Title 9 of the California Code of Regulations, at the time of their transfer from the Division of Juvenile Justice. Youth shall receive credit against their secure youth treatment facility baseline term for all programs completed or substantially completed at the Division of Juvenile Justice, as reflected in the transition report completed by the Division of
Juvenile Justice.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In making its order of commitment, the court shall additionally set a maximum term of confinement for the ward based upon the facts and circumstances of the matter or matters that brought or continued the ward under the jurisdiction of the court and as deemed appropriate to achieve rehabilitation. The maximum term of confinement shall represent the longest term of confinement in a facility that the ward may serve subject to the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A ward committed to a secure youth treatment facility under this section shall not be held in secure confinement beyond 23 years of age, or two years from the date of the commitment, whichever occurs later. However, if the ward has been committed to a secure youth treatment facility based on adjudication for an offense or offenses for which the ward, if convicted in adult criminal court, would
face an aggregate sentence of seven or more years, the ward shall not be held in secure confinement beyond 25 years of age, or two years from the date of commitment, whichever occurs later.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The maximum term of confinement shall not exceed the middle term of imprisonment that can be imposed upon an adult convicted of the same offense or offenses. If the court elects to aggregate the period of physical confinement on multiple counts or multiple petitions, including previously sustained petitions adjudging the minor a ward within Section 602, the maximum term of confinement shall be the aggregate term of imprisonment specified in subdivision (a) of Section 1170.1 of the Penal Code, which includes any additional term imposed pursuant to Section 667, 667.5, 667.6, or 12022.1 of the Penal Code, and Section 11370.2 of the Health and Safety Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Precommitment credits for time
served must be applied against the maximum term of confinement as set pursuant to this subdivision.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this section, “maximum term of confinement” has the same meaning as “maximum term of imprisonment,” as defined in paragraph (5) of subdivision (d) of Section 726.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Within 30 judicial days of making an order of commitment to a secure youth treatment facility, the court shall receive, review, and approve an individual rehabilitation plan that meets the requirements of paragraph (2) for the ward that has been submitted to the court by the probation department and any other agencies or individuals the court deems necessary for the development of
the plan. The plan may be developed in consultation with a multidisciplinary team of youth service, mental and behavioral health, education, and other treatment providers who are convened to advise the court for this purpose. The prosecutor and the counsel for the ward may provide input in the development of the rehabilitation plan prior to the court’s approval of the plan. The plan may be modified by the court based on all of the information provided.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An individual rehabilitation plan shall do all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Identify the ward’s needs in relation to treatment, education, and development, including any special needs the ward may have in relation to health, mental or emotional health, disabilities, or gender-related or other special needs.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Describe the programming, treatment, and education to be
provided to the ward in relation to the identified needs during the commitment period.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Reflect, and be consistent with, the principles of trauma-informed, evidence-based, and culturally responsive care.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The ward and their family shall be given the opportunity to provide input regarding the needs of the ward during the identification process stated in subparagraph (A), and the opinions of the ward and the ward’s family shall be included in the rehabilitation plan report to the court.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The court shall, during the term of commitment, including any term spent in a less restrictive program pursuant to subdivision (f), schedule and hold a progress review hearing for the ward not less frequently than once every six months. In the review hearing, the court shall
evaluate the ward’s progress in relation to the rehabilitation plan and shall determine whether the baseline term of confinement is to be modified. The court shall consider the recommendations of counsel, the probation department and any behavioral, educational, or other specialists having information relevant to the ward’s progress. At the conclusion of each review hearing, upon making a finding on the record, the court may order that the ward remain in custody for the remainder of the baseline term or may order that the ward’s baseline term or previously modified baseline term be modified downward by a reduction of confinement time not to exceed six months for each review hearing. The court may additionally order that the ward be assigned to a less restrictive program, as provided in subdivision (f). The determination of whether the baseline term will be modified, or whether a youth will be assigned to a less restrictive program, is a judicial decision and the juvenile court’s discretion may not be limited
by stipulation of the parties at any time.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the ward is already assigned to a less restrictive program, the court may, based on the ward’s progress, order a reduction in the length of time the ward is to remain in the less restrictive program prior to a probation discharge hearing. If the court determines that ward has failed materially to comply with the court-ordered conditions of placement in the less restrictive program, the court may modify the order of placement in the less restrictive program as provided in paragraph (2) of subdivision (f).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The ward’s confinement time, including time spent in a less restrictive program described in subdivision (f), shall not be extended beyond the baseline confinement term, or beyond a modified baseline term, for disciplinary infractions or other in-custody behaviors. Any infractions or behaviors shall be addressed by alternative
means, which may include a system of graduated sanctions for disciplinary infractions adopted by the operator of a secure youth treatment facility and subject to any relevant state standards or regulations that apply to juvenile facilities generally.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The court shall, at the conclusion of the baseline confinement term, including any modified baseline term, hold a probation discharge hearing for the ward. For a ward who has been placed in a less restrictive program described in subdivision (f), the probation discharge hearing shall occur at the end of the period, or modified period, of placement that has been ordered by the court. At the discharge hearing, the court shall review the ward’s progress toward meeting the goals of the individual rehabilitation plan and the recommendations of counsel, the probation department, and any other agencies or individuals having information the court deems necessary. At the conclusion of the hearing, the
court shall order that the ward be discharged to a period of probation supervision in the community under conditions approved by the court, unless the court finds that the ward constitutes a substantial risk of imminent harm to others in the community if released from custody. If the court so finds, the ward may be retained in custody in a secure youth treatment facility for up to one additional year of confinement, subject to the review hearing and probation discharge hearing provisions of this subdivision and subject to the maximum confinement provisions of subdivision (c).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the ward is discharged to probation supervision, the court shall determine the reasonable conditions of probation that are suitable to meet the developmental needs and circumstances of the ward and to facilitate the ward’s successful reentry into the community. The court shall periodically review the ward’s progress under probation supervision and shall make any
additional orders deemed necessary to modify the program of supervision in order to facilitate the provision of services or to otherwise support the ward’s successful reentry into the community. If the court finds that the ward has failed materially to comply with the reasonable orders of probation imposed by the court, the court may order that the ward be returned to a juvenile facility or to a placement described in subdivision (f) for a period not to exceed either the remainder of the baseline term, including any court-ordered modifications, or six months, whichever is longer, and in any case not to exceed the maximum confinement limits of subdivision (c).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Upon a motion from the probation department or the ward, the court may order that the ward be transferred from a secure youth treatment facility to less restrictive program, such as a halfway house, a camp or ranch, or a community residential or nonresidential
service program. The purpose of a less restrictive program is to facilitate the safe and successful reintegration of the ward into the community. The court shall consider the transfer request at the next scheduled treatment review hearing or at a separately scheduled hearing. The court shall consider the recommendations of the probation department on the proposed change in placement. Approval of the request for a less restrictive program shall be made only upon the court’s determination that the ward has made substantial progress toward the goals of the individual rehabilitation plan described in subdivision (d) and that placement is consistent with the goals of youth rehabilitation and community safety. In making its determination, the court shall consider both of the following factors:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The ward’s overall progress in relation to the rehabilitation plan during the period of confinement in a secure youth treatment facility.
</html:p>
<html:p>
(B)
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The programming and community transition services to be provided, or coordinated by the less restrictive program, including, but not limited to, any educational, vocational, counseling, housing, or other services made available through the program.
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(2)
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In any order transferring the ward from a secure youth treatment facility to a less restrictive program, the court may require the ward to observe any conditions of performance or compliance with the program that are reasonable and appropriate in the individual case and that are within the capacity of the ward to perform. The court shall set the length of time the ward is to remain in a less restrictive program, not to exceed the remainder of the baseline or modified baseline term, prior to a probation discharge hearing described in subdivision (e). If, after placement in a less restrictive program, the court determines that the
ward has materially failed to comply with the court-ordered conditions of placement in the program, the court may modify the terms and conditions of placement in the program or may order the ward to be returned to a secure youth treatment facility for the remainder of the baseline term, or modified baseline term, and subject to further periodic review hearings, as provided in subdivision (e) and to the maximum confinement provisions of subdivision (c). If the ward is returned to the secure youth treatment facility under the provisions of this paragraph, the ward’s baseline or modified baseline term shall be adjusted to include credit for the time served by the ward in the less restrictive program.
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(g)
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A secure youth treatment facility, as described in this section, shall meet the following criteria:
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(1)
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The facility shall be a secure facility that is operated, utilized, or
accessed by the county of commitment to provide appropriate programming, treatment, and education for wards having been adjudicated for the offenses specified in subdivision (a).
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(2)
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The facility may be a stand-alone facility, such as a probation camp or other facility operated under contract with the county, or with another county, or may be a unit or portion of an existing county juvenile facility, including a juvenile hall or probation camp, that is configured and programmed to serve the population described in subdivision (a) and is in compliance with the standards described in paragraph (3).
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(3)
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The Board of State and Community Corrections shall by July 1, 2023, review existing juvenile facility standards and modify or add standards for the establishment, design, security, programming and education, and staffing of any facility that is utilized or accessed by the court as a
secure youth treatment facility under the provisions of this section. The standards shall be developed by the board with the coordination and concurrence of the Office of Youth and Community Restoration established by Section 2200. The standards shall specify how the facility may be used to serve or to separate juveniles, other than juveniles described in subdivision (a) serving baseline confinement terms, who may also be detained in or committed to the facility or to some portion of the facility. Pending the final adoption of these modified standards, a secure youth treatment facility shall comply with applicable minimum standards for juvenile facilities in Title 15 and Title 24 of the California Code of Regulations.
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(4)
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A county proposing to establish a secure youth treatment facility for wards described in subdivision (a) shall notify the Board of State and Community Corrections of the operation of the facility and shall submit a description
of the facility to the board in a format designated by the board. Commencing July 1, 2022, the Board of State and Community Corrections shall conduct a biennial inspection in accordance with Section 209 of each secure youth treatment facility that was used for the confinement of juveniles placed pursuant to subdivision (a) during the preceding calendar year. To the extent new standards are not yet in place, the board shall utilize the standards in existing regulations.
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(5)
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In lieu of establishing its own secure youth treatment facility, a county may contract with another county having a secure youth treatment facility to accept commitments of wards described in subdivision (a).
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(6)
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A county may establish a secure youth treatment facility to serve as a regional center for commitment of juveniles by one or more other counties on a contract payment basis.
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(h)
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(1)
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By July 1, 2023, the Judicial Council shall develop and adopt a matrix of offense-based classifications to be applied by the juvenile courts in all counties in setting the baseline confinement terms described in subdivision (b). Each classification level or category shall specify a set of offenses within the level or category that is linked to a standard baseline term of years to be assigned to youth, based on their most serious recent adjudicated offense, who are committed to a secure youth treatment facility as provided in this section. The individual baseline term of years to be assigned in each case may be derived from a standard range of years for each offense level or category as designated by the Judicial Council. The classification matrix may provide for upward or downward deviations from the baseline term and may also provide for a system of positive incentives or credits for time served. In developing the
matrix, the Judicial Council shall be advised by a working group of stakeholders, which shall include representatives from prosecution, defense, probation, behavioral health, youth service providers, youth formerly incarcerated in the Division of Juvenile Justice, and youth advocacy and other stakeholders and organizations having relevant expertise or information on dispositions and sentencing of youth in the juvenile justice system. In the development process, the Judicial Council shall also examine and take into account youth sentencing and length-of-stay guidelines or practices adopted by other states or recommended by organizations, academic institutions, or individuals having expertise or having conducted relevant research on dispositions and sentencing of youth in the juvenile justice system.
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(2)
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Upon final adoption by the Judicial Council, the matrix of offense-based classifications shall be applied in a standardized manner by juvenile
courts in each county in cases where the court is required to set a baseline confinement term under subdivision (b) for wards who are committed to a secure youth treatment facility. The discharge consideration date guidelines of the Division of Juvenile Justice that were applied on an interim basis, as provided in subdivision (b), shall not thereafter be utilized to determine baseline confinement terms for wards who are committed to a secure youth treatment facility under the provisions of this section.
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(i)
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A court shall not commit a juvenile to any juvenile facility, including a secure youth treatment facility as defined in this section, for a period that exceeds the middle term of imprisonment that could be imposed upon an adult convicted of the same offense or offenses.
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(j)
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A person who is 25 years of age or older shall not be committed to or detained in a county juvenile
facility, unless the court finds that such a commitment or detention is in the best interest of that person and does not find that it would create a risk to the other youth in the juvenile facility. A juvenile court exercising jurisdiction over a person who is 25 years of age or older may order commitment or detention of the person into an adult facility, including a jail or other facility established for the confinement of adults, or into a less restrictive program, as defined in subdivision (f), if the person is otherwise eligible for that program.
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(k)
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Upon return to local custody, a person who was, prior to July 1, 2023, sentenced to state prison and was found to be a ward of the court and committed to the Division of Juvenile Justice, shall not be committed or detained in a juvenile facility, unless the juvenile court with jurisdiction over that person finds it is in the person’s best interest and does not find that it would create a risk
to the other youth in the juvenile facility. A juvenile court exercising jurisdiction over the commitment or detention of a person described in this subdivision may order the person into an adult facility, including a jail or other facility established for the confinement of adults, a less restrictive program, as defined in section (f), if the person is otherwise eligible for that program, or returned to the Department of Corrections and Rehabilitation pursuant to subdivision (f) of Section 1732.9.
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