AB 1053

Bill Subjects

Abstract

(1) Existing law establishes the Interstate Compact on Juveniles. The compact sets forth the agreement between the contracting states regarding the supervision of delinquent juveniles, including the procedure for the return of runaways and escapees. This bill would repeal the Interstate Compact on Juveniles and instead enact, only until January 1, 2012, the Interstate Compact for Juveniles. This compact would make the state subject to rules and regulations having the force and effect of statutory law governing the supervision or return of juvenile offenders, including status offenders, in the compacting states as developed at a future date by the Interstate Commission for Juveniles, except when a provision exceeds the constitutional limits imposed on the Legislature, or as specified. The commission consists of commissioners appointed as specified in each compacting state. Any state and any one of specified United States territories is eligible to become a compacting state. Each compacting state represented at any meeting of the commission is entitled to one vote. The compact would also require the state to create a State Council for Interstate Juvenile Supervision that would exercise related duties, as specified. The bill would authorize the commission to levy and collect an annual assessment from the state and the other compacting states to cover the cost of the internal operations and activities of the commission and its staff based upon a formula to be determined by the commission, that takes into consideration, among other things, the population of each compacting state. The bill would also authorize the commission to impose penalties on the state, including fines, fees, and costs, for default in the performance of the state's obligations under the compact, as determined by the commission. The bill would provide that the compact administrator, as defined, in this state would be the executive director of the Corrections Standards Authority. The bill would require that executive director to convene an executive steering committee to review and make recommendations regarding the compact, as specified. The bill would also require the Corrections Standards Authority to present the committee's final report to the Legislature by January 1, 2011. Because the compact took effect upon the later of July 1, 2004, or upon enactment into law by the 35th jurisdiction, as specified, and because the latter event has occurred, if this bill is enacted, the compact would be binding upon the state, except as specified. (2) Existing law requires the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, not less than 30 days prior to the scheduled parole consideration hearing of a ward eligible for release on parole on or after September 1, 2007, as specified, to notify the ward of the date and location of the parole consideration hearing. Existing law provides that the ward has the right to contact his or her parent or guardian to inform the parent or guardian of the date and location of the parole consideration hearing, and to inform other persons identified by the ward who are considered by the division as likely to contribute to a ward's preparation for the parole consideration hearing or the ward's postrelease success. An appropriate staff person is required, on specified occasions, to explain these rights to the ward. The committing court is required, within 15 court days of the release by the division of the ward, to convene a reentry disposition hearing for the ward to identify those conditions of probation that are appropriate under all the circumstances of the case, including incorporating a reentry plan. The county of commitment is required to supervise the reentry of those wards. However, none of these provisions apply to a ward who was committed to the custody of the division for specified offenses, including murder, kidnapping, and certain sex offenses. This bill would require the division to place all applicable wards, as defined, in its custody on supervised parole within the period of 120 to 90 days prior to the date of release from custody, as specified, or within the period of 120 to 90 days prior to completion of the maximum period of confinement, as specified, whichever comes first. This bill would provide that these provisions do not apply when a petition or order for further detention has been requested, as provided. This bill would also provide that a ward who has been released under these provisions shall be subject to revocation of parole for alleged violations committed during the release period.