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SB 383

Title: Juveniles: informal supervision: deferred entry of judgment.
Author: David D. Cortese

Summary
SB 383, Cortese. Juveniles: informal supervision: deferred entry of judgment. Existing law subjects a person between 12 and 17 years of age, inclusive, who commits a crime, and a person under 12 years of age who commits specified crimes, to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court. Existing law authorizes a probation officer, in certain circumstances, to delineate a specific program of supervision for a minor who is alleged to have committed a crime. Existing law makes a minor ineligible for that program of supervision for specified reasons, including if the minor is alleged to have sold or possessed for sale a controlled substance or is alleged to have committed an offense in which the restitution owed to the victim exceeds $1,000, except in those unusual cases in where the interest of justice would best be served. The Gang Violence and Juvenile Crime Prevention Act of 1998, approved as Proposition 21 at the March 7, 2000, statewide primary election, also makes a minor ineligible for this program of supervision if the minor is alleged to have committed a felony offense when the minor was at least 14 years of age, except in unusual cases in which the court determines that the interest of justice would best be served by placement of the minor in the program of supervision. The Legislature may directly amend Proposition 21 by a statute passed in each house by a 2/3 vote, or by a statute that becomes effective only when approved by the voters.This bill would delete the prohibitions on including in that program of supervision minors alleged to have sold or possessed for sale a controlled substance, minors alleged to have committed certain offenses related to controlled substances while on school grounds, and minors alleged to have committed a felony offense when the minor was at least 14 years of age. By deleting the prohibition on including minors alleged to have committed a felony offense when the minor was at least 14 years of age, this bill would amend Proposition 21. The bill would also prohibit a minor’s inability to pay restitution due to the minor’s indigence from being grounds for finding a minor ineligible for that program of supervision or a finding that the minor has failed to comply with the terms of the program of supervision.Under existing law, as added by Proposition 21, a minor may be eligible for deferred entry of judgment if certain conditions apply. If a minor is eligible for deferred entry of judgment, existing law requires the prosecutor to file a declaration with the court explaining the minor’s eligibility. Existing law requires the prosecutor to make the information contained in the declaration available to the minor and their attorney and requires the written notification to the minor to include, among other things, a statement relating to the effect if the minor fails to comply with the terms of the program and judgment is entered. Existing law authorizes the court to order the probation department to investigate the minor, determine which programs would accept the minor, and report its findings and recommendations to the court. Existing law authorizes the court to grant deferred entry of judgment if the court finds that the minor is suitable for deferred entry of judgment and would benefit from education, treatment, and rehabilitation efforts.This bill would amend Proposition 21 by deleting the requirement that the prosecutor’s written notification to the minor include that statement. The bill would also authorize a court, if a minor is eligible for deferred entry of judgment, but the minor resides in a different county and the case will be transferred to the minor’s county of residence, to adjudicate the case without determining the minor’s suitability for deferred entry of judgment. The bill would authorize the receiving court to order the probation department to make the investigation and file the report

Status
Introduced. Read first time. To Com. on RLS. for assignment. To print. 02/10/2021
From printer. May be acted upon on or after March 13. 02/11/2021
Referred to Com. on PUB. S. 02/17/2021
Art. IV. Sec. 8(a) of the Constitution dispensed with. 02/22/2021
(Ayes 32. Noes 4.) 02/22/2021
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.) 02/22/2021
Set for hearing March 16. 02/25/2021
March 16 set for first hearing canceled at the request of author. 03/05/2021
Set for hearing March 23. 03/09/2021
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. 03/11/2021
March 23 hearing postponed by committee. 03/23/2021
Set for hearing April 13. 03/26/2021
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 778.) (April 13). Re-referred to Com. on APPR. 04/14/2021
Set for hearing May 3. 04/21/2021
From committee: Be ordered to second reading pursuant to Senate Rule 28.8. 05/04/2021
Read second time. Ordered to third reading. 05/05/2021
Read third time. Passed. (Ayes 32. Noes 6. Page 1253.) Ordered to the Assembly. 05/26/2021
In Assembly. Read first time. Held at Desk. 05/26/2021
Referred to Com. on PUB. S. 06/03/2021
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 15). Re-referred to Com. on APPR. 06/15/2021
From committee: Do pass. (Ayes 10. Noes 3.) (June 30). 06/30/2021
Read second time. Ordered to third reading. 07/01/2021
Read third time and amended. 08/26/2021
Ordered to third reading. 08/26/2021
Read third time. Passed. Ordered to the Senate. 09/10/2021
In Senate. Concurrence in Assembly amendments pending. 09/10/2021
Assembly amendments concurred in. (Ayes 29. Noes 7.) Ordered to engrossing and enrolling. 09/10/2021
Enrolled and presented to the Governor at 1:30 p.m. 09/17/2021

Bill Documents
SB 383 - Enrolled
09/14/21 - SB 383 (Enrolled)


SB 383 - Senate Floor Analyses
09/10/21 - SB 383 (Senate Floor Analyses)

SB 383 - Assembly Floor Analysis
08/27/21 - SB 383 (Assembly Floor Analysis)

SB 383 - Amended Assembly
08/26/21 - SB 383 (Amended Assembly)

SB 383 - Assembly Floor Analysis
07/09/21 - SB 383 (Assembly Floor Analysis)

SB 383 - Assembly Floor Analysis
07/01/21 - SB 383 (Assembly Floor Analysis)

SB 383 - Assembly Appropriations
06/28/21 - SB 383 (Assembly Appropriations)

SB 383 - Assembly Public Safety
06/14/21 - SB 383 (Assembly Public Safety)

SB 383 - Senate Floor Analyses
05/05/21 - SB 383 (Senate Floor Analyses)

SB 383 - Senate Public Safety
04/08/21 - SB 383 (Senate Public Safety)

SB 383 - Senate Public Safety
03/23/21 - SB 383 (Senate Public Safety)

SB 383 - Amended Senate
03/11/21 - SB 383 (Amended Senate)

SB 383 - Introduced
02/10/21 - SB 383 (Introduced)