AB 1849

Bill Subjects

Abstract

Existing law provides that any person under 18 years of age who commits a crime is within the jurisdiction of the juvenile court, except as specified. Further, existing law sets forth the purpose of juvenile court law and provides that a minor under the juvenile court jurisdiction as a consequence of delinquent conduct shall receive care, treatment, and guidance that holds the minor accountable for his or her behavior, is appropriate for his or her circumstances, and is consistent with his or her best interest and the best interest of the public. This bill makes findings and declarations related to restorative justice programs. The bill would authorize the juvenile court of a county to adopt a restorative justice program to address the needs of minors, victims, and the community. The bill would require a restorative justice program adopted by a juvenile court to be implemented through a restorative justice protocol developed by the court with the prosecutor, public defender, and, when possible, representatives from other interested groups. Under this bill, certain enumerated offenses would not be eligible for inclusion within a restorative justice program. Additionally, this bill would authorize a court not to refer an eligible minor to a restorative justice program if the court determines that the program is not in the minor's best interest. The bill would require the Administrative Office of the Courts to establish restorative justice pilot programs in 5 or more counties, provided that the presiding judge in a selected county supports participation in the pilot program. Under the bill, by July 1, 2013, the Administrative Office of the Courts would be required to make a recommendation to the Judicial Council which courts should be selected for the program. After the Judicial Council selects the participating courts, the courts would begin implementing restorative justice programs by January 1, 2014. The bill would also require the Administrative Office of the Courts to report to the Judicial Council on the performance of the pilot programs by July 1, 2018. This bill would prohibit the use of General Fund moneys to fund these pilot programs.