Vote Smart's Synopsis:

Vote to pass a bill that requires any person whose case originated in juvenile court to remain in a county juvenile facility until they turn 21 years of age, among other provisions.

Highlights:

• Requires any person whose case originated in juvenile detention, if the person is held in secure detention, to remain in a county juvenile facility until the person attains 21 years of age, with certain exceptions (Sec. 5).

• Authorizes the probation department to petition the court to house a person who is 19 years of age or older in an adult facility, including a jail or other facility established for the purpose of confinement of adults (Sec. 5).

• Requires the court to hold a hearing upon receipt of a petition to house a person who is 19 years of age or older in an adult facility, and to make written findings of its decision based on the totality of the following criteria (Sec. 5):

• The impact of being held in an adult facility on the physical and mental health and well-being of the person;

• The benefits of continued programming at the juvenile facility and whether required education and other services called for in any juvenile court disposition or otherwise required by law or court order can be provided in the adult facility;

• The capacity of the adult facility to separate persons under 21 years of age from older adults and to provide them with safe and age-appropriate housing and program opportunities;

• The capacity of the juvenile facility to provide needed separation of older youth from younger youth given the youth currently housed in the facility; and

• Evidence demonstrating that the juvenile facility is unable to currently manage the person’s needs without posing a significant danger to staff or other youth in the facility.

• Requires the judge of the juvenile court of a county, or, if there is more than one judge, any of the judges of the juvenile court to, at least annually, inspect any jail, juvenile hall, or special purpose juvenile hall that, in the preceding calendar year, was used for confinement, for more than 24 hours, of any minor (Sec. 6).

• Requires the Board of State and Community Corrections to conduct a biennial inspection of each jail, juvenile hall, lockup, or special purpose juvenile hall situated in this state that, during the preceding calendar year, was used for confinement, for more than 24 hours, of any minor (Sec. 6).

• Specifies that a juvenile hall, special purpose juvenile hall, law enforcement facility, or jail is unsuitable for the confinement of minors if it is not in compliance with one or more of the minimum standards for juvenile facilities adopted by the Board of State and Community Corrections, and if, within 60 days of having received notice of noncompliance from the board or the judge of the juvenile court, the juvenile hall, special purpose juvenile hall, law enforcement facility, or jail has failed to file an approved corrective action plan with the Board of State and Community Corrections to correct the condition or conditions of noncompliance of which it has been notified (Sec. 6).

• Specifies that if a juvenile hall is not in compliance with one or more of the minimum standards for juvenile facilities adopted by the Board of State and Community Corrections, and where the noncompliance arises from sustained occupancy levels that are above the population capacity permitted by applicable minimum standards, the juvenile hall will be considered unsuitable for the confinement of minors if the board or the judge of the juvenile court determines that conditions in the facility pose a serious risk to the health, safety, or welfare of minors confined in the facility (Sec. 6).

• Requires all reports and notices of findings prepared by the Board of State and Community Corrections pursuant to this section, to be posted on the Board of State and Community Corrections’ internet website in a manner in which they are accessible to the public (Sec. 6).

• Requires the Board of Corrections to adopt regulations establishing standards for law enforcement facilities that contain lockups for adults and which are used for the temporary, secure detention of minors upon arrest (Sec. 7).

• Requires every person in charge of a law enforcement facility containing a lockup for adults and which is used in any calendar year for the secure detention of any minor, to certify annually that the facility is in conformity with the regulations adopted by the board (Sec. 7).

• Authorizes the district attorney or other appropriate prosecuting officer, if, pursuant to a transfer hearing, a minor’s case is transferred from juvenile court to a court of criminal jurisdiction, to file an accusatory pleading against the minor in a court of criminal jurisdiction (Sec. 8).

Full Bill Text