AB 505

Bill Subjects

Abstract

(1) Existing law creates the Office of Youth and Community Restoration within the California Health and Human Services Agency to promote trauma-responsive, culturally informed services for youth involved in the juvenile justice system, as specified. Existing law grants the office the responsibility and authority to report on youth outcomes, identify policy recommendations, identify and disseminate best practices, and provide technical assistance to develop and expand local youth diversion opportunities. Existing law requires the office to have an ombudsperson and authorizes the ombudspersons to, among other things, investigate complaints from youth and access facilities serving youth involved in the juvenile justice system with advanced notice of a minimum of 48 hours to the agency in control of the facility. Existing law requires the ombudsperson to publish and provide regular reports to the Legislature regarding data collected concerning, among other things, investigations performed by the ombudsperson. This bill would authorize an ombudsperson to access a facility at any time without prior notice to the operator of the facility. The bill would require the ombudsperson to have access to, review, receive, and make copies of any record of a local agency, including all juvenile facility records at all times, expect as otherwise prohibited. The bill would authorize the ombudsperson to meet or communicate privately with any youth, personnel, or volunteer in a juvenile facility and interview any relevant witnesses. The bill would authorize the ombudsperson to interview sworn probation personnel in accordance with applicable federal and state law, local probation department policies, and collective bargaining agreements. The bill would require the ombudsperson to be granted access to youth at all times, and would require the ombudsperson to be able to take notes, audio or video recording, or photographs during the meeting or communication with youth, to the extent not otherwise prohibited by applicable federal or state law. The bill would also require the ombudsperson to include recommendations for improving the juvenile justice system in their regular reports regarding data annually collected and made publicly available on the office's internet website. (2) Existing law establishes the Board of State and Community Corrections, with the mission of providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California's adult and juvenile criminal justice system. Existing law requires the judge of the juvenile court of a county to inspect any jail, juvenile hall, or special purpose juvenile hall that was used for the confinement of a juvenile for more than 24 hours in the preceding calendar year, as specified. Existing law requires the court to notify the operator of the facility of any observed noncompliance, and make a finding of suitability of the facility for the confinement of juveniles. Existing law requires the board to conduct a biennial inspection of each jail, juvenile hall, lockup, special purpose juvenile hall, camp, ranch, or secure youth treatment facility, as specified. This bill would additionally require a judge of the juvenile court to inspect any lockup, camp, ranch, or secure youth treatment facility that was used for the confinement of any juvenile for more than 24 hours in the preceding calendar year, as specified. (3) Existing law generally provides for the confidentiality of information regarding a minor in proceedings in the juvenile court and related court proceedings and limits access to juvenile case files. Existing law authorizes only certain individuals to inspect a juvenile case file, including, among others, the minor, the minor's parents or guardian, and the attorneys for the parties. Existing law makes it a misdemeanor to disseminate information obtained pursuant to these provisions, as specified. This bill would additionally authorize personnel from the office to access information to carry out the duties of the office, as specified. By imposing additional duties on local entities to provide access to these records and by expanding the scope of a crime, this bill would impose a state-mandated local program. (4) Under existing law, the board administers various juvenile justice-related grant programs, including the Local Youthful Offender Rehabilitative Facility Construction Grants program. Existing law requires that all juvenile justice grant administration functions with the board be transferred to the office no later than January 1, 2025. In order to receive 2022–23 fiscal year funding, existing law requires counties to submit a plan describing facilities, programs, placements, services, supervision, and reentry strategies needed to provide appropriate rehabilitation for youth who were eligible for commitment to the Division of Juvenile Justice prior to its closure, beginning January 1, 2022, as specified. Existing law requires the office to prepare, and make publicly available, a summary of the annual county plans. This bill would require the office to include in its public report the date of the office's final acceptance of each plan submitted pursuant to these provisions. This bill would incorporate additional changes to Section 2200 of the Welfare and Institutions Code proposed by AB 152 and SB 152 to be operative only if this bill and either AB 152 or SB 152 are enacted and this bill is enacted last. 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.