BILL NUMBER: SB 1136 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Kopp
FEBRUARY 28, 1997
An act to amend Sections 654.3 and 707 of, and to add Article 20.5
(commencing with Section 790) to Chapter 1 of Part 1 of Division 2
of, the Welfare and Institutions Code, relating to youths.
LEGISLATIVE COUNSEL'S DIGEST
SB 1136, as introduced, Kopp. Juvenile court proceedings.
Existing law makes a minor who is under 18 years of age when he or
she violates any law defining a crime subject to the jurisdiction of
the juvenile court. The juvenile court is required to conduct a
hearing to determine the proper disposition of the minor committing a
criminal offense and may adjudge the minor a ward of the court.
Existing law provides for a hearing to determine if a minor is a fit
and proper subject to be dealt with under the juvenile court law.
This bill would require a fitness hearing to be held when a minor
is alleged to have committed a felony offense and the minor has twice
been found to have committed a felony offense. The bill would
provide that such a minor would be presumed to be unfit to be dealt
with under the juvenile court law.
The bill would establish a deferred entry of judgement procedure
in juvenile court for a minor who has committed a felony offense if
specified circumstances apply.
Because the bill would impose additional duties on the criminal
justice system equivalent to the additional duties imposed by the
creation of a new crime, the bill would impose a state-mandated local
program.
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 no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act may be cited as the Juvenile Accountability
Act of 1997.
SEC. 2. Since juvenile offenders who escape accountability for
their criminal conduct are likely to be recidivists, the juvenile
court system needs to ensure that first-time juvenile offenders
committing a felony offense receive more focused scrutiny and
guidance sufficient to delineate clearly the path leading towards
rehabilitation and the path leading away from incarceration.
The Legislature therefore intends to create a deferred entry of
judgment procedure in juvenile court for a juvenile charged with a
first-time nonviolent, nonserious offense with the hope that the path
traveled by these juveniles will lead to rehabilitation.
SEC. 3. Section 654.3 of the Welfare and Institutions Code is
amended to read:
654.3. No minor shall be eligible for the program of supervision
set forth in Section 654 or 654.2 in the following cases, except in
an unusual case where the interests of justice would best be served
and the court specifies on the record the reasons for its decision:
(a) A petition alleges that the minor has violated an offense
listed in subdivision (b) or (e) or paragraph (2) of subdivision (d)
of Section 707.
(b) A petition alleges that the minor has sold or possessed for
sale a controlled substance as defined in Chapter 2 (commencing with
Section 11053) of Division 10 of the Health and Safety Code.
(c) A petition alleges that the minor has violated Section 11350
or 11377 of the Health and Safety Code where the violation takes
place at a public or private elementary, vocational, junior high
school, or high school, or a violation of Section 245.5, 626.9, or
626.10 of the Penal Code.
(d) A petition alleges that the minor has violated Section 186.22
of the Penal Code.
(e) The minor has previously participated in a program of
supervision pursuant to Section 654.
(f) The minor has previously been adjudged a ward of the court
pursuant to Section 602.
(g) A petition alleges that the minor has violated an offense in
which the restitution owed to the victim exceeds one thousand dollars
($1,000). For purposes of this subdivision, the definition of
"victim" in paragraph (1) of subdivision (a) of Section 730.6 and
"restitution" in subdivision (h) of Section 730.6 shall apply.
(h) The minor is alleged to have committed a felony offense when
the minor was at least 14 years of age. Except in unusual cases
where court determines the interest of justice would best be served
by a proceeding pursuant to Section 654 or 654.2, a petition alleging
that a minor who is 14 year of age or over, has committed a felony
offense shall proceed under Article 20.5 (commencing with Section
790) or Article 17 (commencing with Section 675).
SEC. 4. Section 707 of the Welfare and Institutions Code is
amended to read:
707. (a) In any case in which a minor is alleged to be a person
described in Section 602 by reason of the violation, when he or she
was 16 years of age or older, of any criminal statute or ordinance
except those listed in subdivision (b), upon motion of the petitioner
made prior to the attachment of jeopardy the court shall cause the
probation officer to investigate and submit a report on the
behavioral patterns and social history of the minor being considered
for a determination of unfitness. Following submission and
consideration of the report, and of any other relevant evidence which
the petitioner or the minor may wish to submit, the juvenile court
may find that the minor is not a fit and proper subject to be dealt
with under the juvenile court law if it concludes that the minor
would not be amenable to the care, treatment, and training program
available through the facilities of the juvenile court, based upon an
evaluation of the following criteria:
(1) The degree of criminal sophistication exhibited by the minor.
(2) Whether the minor can be rehabilitated prior to the expiration
of the juvenile court's jurisdiction.
(3) The minor's previous delinquent history.
(4) Success of previous attempts by the juvenile court to
rehabilitate the minor.
(5) The circumstances and gravity of the offense alleged in the
petition to have been committed by the minor.
A determination that the minor is not a fit and proper subject to
be dealt with under the juvenile court law may be based on any one or
a combination of the factors set forth above, which shall be recited
in the order of unfitness. In any case in which a hearing has been
noticed pursuant to this section, the court shall postpone the taking
of a plea to the petition until the conclusion of the fitness
hearing, and no plea which may already have been entered shall
constitute evidence at the hearing.
(b) Subdivision (c) shall be applicable in any case in which a
minor is alleged to be a person described in Section 602 by reason of
the violation, when he or she was 16 years of age or older, of one
of the following offenses:
(1) Murder.
(2) Arson, as provided in subdivision (a) or (b) of Section 451 of
the Penal Code.
(3) Robbery while armed with a dangerous or deadly weapon.
(4) Rape with force or violence or threat of great bodily harm.
(5) Sodomy by force, violence, duress, menace, or threat of great
bodily harm.
(6) Lewd or lascivious act as provided in subdivision (b) of
Section 288 of the Penal Code.
(7) Oral copulation by force, violence, duress, menace, or threat
of great bodily harm.
(8) Any offense specified in subdivision (a) of Section 289 of the
Penal Code.
(9) Kidnapping for ransom.
(10) Kidnapping for purpose of robbery.
(11) Kidnapping with bodily harm.
(12) Attempted murder.
(13) Assault with a firearm or destructive device.
(14) Assault by any means of force likely to produce great bodily
injury.
(15) Discharge of a firearm into an inhabited or occupied
building.
(16) Any offense described in Section 1203.09 of the Penal Code.
(17) Any offense described in Section 12022.5 of the Penal Code.
(18) Any felony offense in which the minor personally used a
weapon listed in subdivision (a) of Section 12020 of the Penal Code.
(19) Any felony offense described in Section 136.1 or 137 of the
Penal Code.
(20) Manufacturing, compounding, or selling one-half ounce or more
of any salt or solution of a controlled substance specified in
subdivision (e) of Section 11055 of the Health and Safety Code.
(21) Any violent felony, as defined in subdivision (c) of Section
667.5 of the Penal Code, which would also constitute a felony
violation of subdivision (b) of Section 186.22 of the Penal Code.
(22) Escape, by the use of force or violence, from any county
juvenile hall, home, ranch, camp, or forestry camp in violation of
subdivision (b) of Section 871 where great bodily injury is
intentionally inflicted upon an employee of the juvenile facility
during the commission of the escape.
(23) Torture as described in Sections 206 and 206.1 of the Penal
Code.
(24) Aggravated mayhem, as described in Section 205 of the Penal
Code.
(25) Carjacking, as described in Section 215 of the Penal Code,
while armed with a dangerous or deadly weapon.
(26) Kidnapping, as punishable in subdivision (d) of Section 208
of the Penal Code.
(27) Kidnapping, as punishable in Section 209.5 of the Penal Code.
(28) The offense described in subdivision (c) of Section 12034 of
the Penal Code.
(29) The offense described in Section 12308 of the Penal Code.
(c) With regard to a minor alleged to be a person described in
Section 602 by reason of the violation, when he or she was 16 years
of age or older, of any of the offenses listed in subdivision (b),
upon motion of the petitioner made prior to the attachment of
jeopardy the court shall cause the probation officer to investigate
and submit a report on the behavioral patterns and social history of
the minor being considered for a determination of unfitness.
Following submission and consideration of the report, and of any
other relevant evidence which the petitioner or the minor may wish to
submit the minor shall be presumed to be not a fit and proper
subject to be dealt with under the juvenile court law unless the
juvenile court concludes, based upon evidence, which evidence may be
of extenuating or mitigating circumstances, that the minor would be
amenable to the care, treatment, and training program available
through the facilities of the juvenile court based upon an evaluation
of each of the following criteria:
(1) The degree of criminal sophistication exhibited by the minor.
(2) Whether the minor can be rehabilitated prior to the expiration
of the juvenile court's jurisdiction.
(3) The minor's previous delinquent history.
(4) Success of previous attempts by the juvenile court to
rehabilitate the minor.
(5) The circumstances and gravity of the offenses alleged in the
petition to have been committed by the minor.
A determination that the minor is a fit and proper subject to be
dealt with under the juvenile court law shall be based on a finding
of amenability after consideration of the criteria set forth above,
and findings therefor recited in the order as to each of the above
criteria that the minor is fit and proper under each and every one of
the above criteria. In making a finding of fitness, the court may
consider extenuating or mitigating circumstances in evaluating each
of the above criteria. In any case in which a hearing has been
noticed pursuant to this section, the court shall postpone the taking
of a plea to the petition until the conclusion of the fitness
hearing and no plea which may already have been entered shall
constitute evidence at the hearing.
(d) (1) In any case in which a minor is alleged to be a person
described in Section 602 by reason of the violation, when he or she
had attained the age of 14 years but had not attained the age of 16
years, of any of the offenses set forth in paragraph (2), upon motion
of the petitioner made prior to the attachment of jeopardy the court
shall cause the probation officer to investigate and submit a report
on the behavioral patterns and social history of the minor being
considered for a determination of unfitness. Following submission
and consideration of the report, and of any other relevant evidence
that the petitioner or the minor may wish to submit, the juvenile
court may find that the minor is not a fit and proper subject to be
dealt with under the juvenile court law if it concludes that the
minor would not be amenable to the care, treatment, and training
program available through the facilities of the juvenile court, based
upon an evaluation of the following criteria:
(A) The degree of criminal sophistication exhibited by the minor.
(B) Whether the minor can be rehabilitated prior to the expiration
of the juvenile court's jurisdiction.
(C) The minor's previous delinquent history.
(D) Success of previous attempts by the juvenile court to
rehabilitate the minor.
(E) The circumstances and gravity of the offense alleged in the
petition to have been committed by the minor.
A determination that the minor is not a fit and proper subject to
be dealt with under the juvenile court law may be based on any one or
a combination of the factors set forth above, which shall be recited
in the order of unfitness. In any case in which a hearing has been
noticed pursuant to this subdivision, the court shall postpone the
taking of a plea to the petition until the conclusion of the fitness
hearing, and no plea that may already have been entered shall
constitute evidence at the hearing.
(2) Paragraph (1) shall be applicable in any case in which a minor
is alleged to be a person described in Section 602 by reason of the
violation, when he or she had attained the age of 14 years but had
not attained the age of 16 years, of one of the following offenses:
(A) Murder.
(B) Robbery in which the minor personally used a firearm.
(C) Rape with force or violence or threat of great bodily harm.
(D) Sodomy by force, violence, duress, menace, or threat of great
bodily harm.
(E) Oral copulation by force, violence, duress, menace, or threat
of great bodily harm.
(F) The offense specified in subdivision (a) of Section 289 of the
Penal Code.
(G) Kidnapping for ransom.
(H) Kidnapping for purpose of robbery.
(I) Kidnapping with bodily harm.
(J) Kidnapping, as punishable in subdivision (d) of Section 208 of
the Penal Code.
(K) The offense described in subdivision (c) of Section 12034 of
the Penal Code, in which the minor personally used a firearm.
(L) Personally discharging a firearm into an inhabited or occupied
building.
(M) Manufacturing, compounding, or selling one-half ounce or more
of any salt or solution of a controlled substance specified in
subdivision (e) of Section 11055 of the Health and Safety Code.
(N) Escape, by the use of force or violence, from any county
juvenile hall, home, ranch, camp, or forestry camp in violation of
subdivision (b) of Section 871 where great bodily injury is
intentionally inflicted upon an employee of the juvenile facility
during the commission of the escape.
(O) Torture, as described in Section 206 of the Penal Code.
(P) Aggravated mayhem, as described in Section 205 of the Penal
Code.
(Q) Assault with a firearm in which the minor personally used the
firearm.
(R) Attempted murder.
(S) Rape in which the minor personally used a firearm.
(T) Burglary in which the minor personally used a firearm.
(U) Kidnapping in which the minor personally used a firearm.
(V) The offense described in Section 12308 of the Penal Code.
(W) Kidnapping, in violation of Section 209.5 of the Penal Code.
(X) Carjacking, in which the minor personally used a firearm.
(e) This subdivision shall apply to a minor alleged to be a person
described in Section 602 by reason of the violation, when he or she
had attained the age of 14 years but had not attained the age of 16
years, of the offense of murder in which it is alleged in the
petition that one of the following exists:
(1) In the case of murder in the first or second degree, the minor
personally killed the victim.
(2) In the case of murder in the first or second degree, the
minor, acting with the intent to kill the victim, aided, abetted,
counseled, commanded, induced, solicited, requested, or assisted any
person to kill the victim.
(3) In the case of murder in the first degree, while not the
actual killer, the minor, acting with reckless indifference to human
life and as a major participant in a felony enumerated in paragraph
(17) of subdivision (a) of Section 190.2, or an attempt to commit
that felony, aided, abetted, counseled, commanded, induced,
solicited, requested, or assisted in the commission or attempted
commission of that felony and the commission or attempted commission
of that felony or the immediate flight therefrom resulted in the
death of the victim.
Upon motion of the petitioner made prior to the attachment of
jeopardy, the court shall cause the probation officer to investigate
and submit a report on the behavioral patterns and social history of
the minor being considered for a determination of unfitness.
Following submission and consideration of the report, and of any
other relevant evidence which the petitioner or the minor may wish to
submit, the minor shall be presumed to be not a fit and proper
subject to be dealt with under the juvenile court law unless the
juvenile court concludes, based upon evidence, which evidence may be
of extenuating or mitigating circumstances, that the minor would be
amenable to the care, treatment, and training program available
through the facilities of the juvenile court based upon an evaluation
of each of the following criteria:
(A) The degree of criminal sophistication exhibited by the minor.
(B) Whether the minor can be rehabilitated prior to the expiration
of the juvenile court's jurisdiction.
(C) The minor's previous delinquent history.
(D) Success of previous attempts by the juvenile court to
rehabilitate the minor.
(E) The circumstances and gravity of the offenses alleged in the
petition to have been committed by the minor.
A determination that the minor is a fit and proper subject to be
dealt with under the juvenile court law shall be based on a finding
of amenability after consideration of the criteria set forth above,
and findings therefor recited in the order as to each of the above
criteria that the minor is fit and proper under each and every one of
the above criteria. In making a finding of fitness, the court may
consider extenuating or mitigating circumstances in evaluating each
of the above criteria. In any case in which a hearing has been
noticed pursuant to this section, the court shall postpone the taking
of a plea to the petition until the conclusion of the fitness
hearing and no plea which may already have been entered shall
constitute evidence at the hearing.
(f) (1) This subdivision shall apply to a minor alleged to be a
person described in Section 602 by reason of the violation, when he
or she has attained the age of 14 years, of any felony offense when
the minor has been declared to be a ward of the court pursuant to
Section 602 on two or more prior occasions if both of the following
apply:
(A) At least two of the prior wardship petitions were sustained
because the minor was found to have committed a felony offense.
(B) The offenses upon which the prior petitions were based were
committed when the minor had attained the age of 14 years.
(2) Upon motion of the petitioner made prior to the attachment of
jeopardy, the court shall cause the probation officer to investigate
and submit a report on the behavioral patterns and social history of
the minor being considered for a determination of unfitness.
Following submission and consideration of the report, and of any
other relevant evidence which the petitioner or the minor may wish to
submit, the minor shall be presumed to be not a fit and proper
subject to be dealt with under the juvenile court law unless the
juvenile court concludes, based upon evidence, which evidence may be
of extenuating or mitigating circumstances, that the minor would be
amendable to the care, treatment, and training program available
through the facilities of the juvenile court based upon an evaluation
of each of the following criteria:
(A) The degree of criminal sophistication exhibited by the minor.
(B) Whether the minor can be rehabilitated prior to the expiration
of the juvenile court's jurisdiction.
(C) The minor's previous delinquent history.
(D) Success of previous attempts by the juvenile court to
rehabilitate the minor.
(E) The circumstances and gravity of the offenses alleged in the
petition to have been committed by the minor.
(3) A determination that the minor is a fit and proper subject to
be dealt with under the juvenile court law shall be based on a
finding of amenability after consideration of the criteria set forth
in paragraph (2), and findings therefor recited in the order as to
each of the above criteria that the minor is fit and proper under
each and every one of the above criteria. In making a finding of
fitness, the court may consider extenuating or mitigating
circumstances in evaluating each of the above criteria. In any case
in which a hearing has been noticed pursuant to this section, the
court shall postpone the taking of a plea to the petition until the
conclusion of the fitness hearing and no plea that may already have
been entered shall constitute evidence at the hearing.
SEC. 5. Article 20.5 (commencing with Section 790) is added to
Chapter 1 of Part 1 of Division 2 of the Welfare and Institutions
Code, to read:
Article 20.5. Deferred Entry of Judgment
790. (a) Notwithstanding Sections 654, 654.2, or any other
provision of law, this article shall apply whenever a case is before
the juvenile court for a determination of whether a minor is a person
described in Section 602 because of the commission of a felony
offense, if all of the following circumstances apply:
(1) The minor has not previously been declared to be a ward of the
court for the commission of a felony offense.
(2) The offense charged is not one of the offenses enumerated in
subdivision (b), (d), or (e) of Section 707.
(3) The minor has not previously been committed to the custody of
the Department of the Youth Authority.
(4) The minor's record does not indicate that probation has ever
been revoked without being completed.
(5) The minor is at least 14 years of age at the time of the
hearing.
(6) The minor is eligible for probation pursuant to Section
1203.06 of the Penal Code.
(b) The prosecuting attorney shall review his or her file to
determine whether or not paragraphs (1) to (6), inclusive, of
subdivision (a) apply. Upon the agreement of the prosecuting
attorney, the public defender or the minor's private defense
attorney, and the presiding judge of the juvenile court or a judge
designated by the presiding judge to the application of this article,
this procedure shall be completed as soon as possible after the
initial filing of the petition. If the prosecuting attorney, the
defense attorney, and the juvenile court judge do not agree, the case
shall proceed according to the Article 17 (commencing with Section
675). If the minor is found eligible for deferred entry of judgment,
the prosecuting attorney shall file a declaration in writing with
the court or state for the record the grounds upon which the
determination is based, and shall make this information available to
the minor and his or her attorney. Under this procedure, the court
may set the hearing for deferred entry of judgment at the initial
appearance under Section 657.
791. (a) The prosecuting attorney's written notification to the
minor shall also include all of the following:
(1) A full description of the procedures for deferred entry of
judgment.
(2) A general explanation of the roles and authorities of the
probation department, the prosecuting attorney, the program, and the
court in that process.
(3) A clear statement that, in lieu of jurisdictional and
disposition hearings, the court may grant a deferred entry of
judgment with respect to any offense charged in the petition,
provided that the minor admits each allegation contained in the
petition and waives time for the pronouncement of judgment, and that
upon the successful completion of the terms of probation, as defined
in Section 794, the positive recommendation of the probation
department, and the motion of the prosecuting attorney, but no sooner
than 12 months and no later than 36 months from the date of the
minor's referral to the program, the court shall dismiss the charge
or charges against the minor.
(4) A clear statement that upon any failure of the minor to comply
with the terms of probation, including the rules of any program the
minor is directed to attend, or any circumstance specified in Section
793, the prosecuting attorney or the probation department, or the
court on its own, may make a motion to the court for entry of
judgment and the court shall render a finding that the minor is a
ward of the court pursuant to Section 602 for the commission of the
offenses specified in the original petition and shall schedule a
dispositional hearing.
(5) An explanation of record retention and disposition resulting
from participation in the deferred entry of judgment program and the
minor's rights relative to answering questions about his or her
arrest and deferred entry of judgment following successful completion
of the program.
(6) A statement that if the minor fails to comply with the terms
of the program and judgment is entered, the offense may serve as a
basis for a finding of unfitness for juvenile court treatment
pursuant to subdivision (f) of Section 707, if the minor commits two
subsequent felony offenses.
(b) If the minor consents and waives his or her right to a speedy
jurisdictional hearing, the court may refer the case to the probation
department or the court may summarily grant deferred entry of
judgment if the minor admits the charge or charges in the petition
and waives time for the pronouncement of judgment. When directed by
the court, the probation department shall make an investigation and
take into consideration the defendant's age, maturity, educational
background, family relationships, demonstrable motivation, treatment
history, if any, and other mitigating factors in determining whether
the minor is a person who would be benefited by education, treatment,
or rehabilitation. The probation department shall also determine
which programs would accept the minor. The probation department
shall report its findings and recommendations to the court. The
court shall make the final determination regarding education,
treatment, and rehabilitation for the minor.
(c) A minor's admission of the charges contained in the petition
pursuant to this chapter shall not constitute a finding that a
petition has been sustained for any purpose, unless a judgment is
entered pursuant to subdivision (b) of Section 793.
792. The judge shall issue a citation directing any custodial
parent, guardian, or foster parent of the minor to appear at the time
and place set for the hearing, and directing any person having
custody or control of the minor concerning whom the petition has been
filed to bring the minor with him or her. The notice shall in
addition state that a parent, guardian, or foster parent, may be
required to participate in a counseling or education program with the
minor concerning whom the petition has been filed. The notice shall
explain the provisions of Section 170.6 of the Code of Civil
Procedure. Personal service of the citation shall be made at least 24
hours before the time stated for the appearance.
793. (a) If it appears to the prosecuting attorney, the court, or
the probation department that the minor is not performing
satisfactorily in the assigned program or is not complying
with the terms of the minor's
probation, or that the minor is not benefiting from education,
treatment, or rehabilitation, the court shall lift the deferred entry
of judgment and schedule a dispositional hearing. If, after
accepting deferred entry of judgment and during the period in which
deferred entry of judgment was granted, the minor is convicted of, or
declared to be a person described in Section 602 for the commission
of, any felony offense or of any two misdemeanor offenses committed
on separate occasions, the judge shall enter judgment and schedule a
dispositional hearing. If the minor is convicted of, or found to be
a person described in Section 602, because of the commission of one
misdemeanor offense or multiple misdemeanor offenses committed on a
single occasion, the court may enter judgment and schedule a
dispositional hearing.
(b) If the judgment previously deferred is imposed and a
dispositional hearing scheduled pursuant to subdivision (a), the
juvenile court shall report the complete criminal history of the
minor to the Department of Justice. The Department of Justice shall
retain this information and make it available in the same manner as
information gathered pursuant to Chapter 2 (commencing with Section
13100) of Title 3 of the Penal Code.
(c) If the minor has performed satisfactorily during the period in
which deferred entry of judgment was granted, at the end of that
period the charge or charges in the wardship petition shall be
dismissed and the arrest upon which the judgment was deferred shall
be deemed never to have occurred and any records in the possession of
the juvenile court shall be sealed, except that the prosecuting
attorney and the probation department shall have access to these
records after they are sealed for the purpose of determining whether
a minor is eligible for deferred entry of judgment pursuant to
Section 790.
794. When a minor is permitted to participate in a deferred entry
of judgment procedure, the judge shall impose, as a condition of
probation, the requirement that the minor be subject to warrantless
searches of his or her person, residence, or property under his or
her control, upon the request of a probation officer or peace
officer. The court shall also consider whether imposing random drug
or alcohol testing, or both, including urinalysis, would be an
appropriate condition of probation. The judge shall also, when
appropriate, require the minor to periodically establish compliance
with curfew and school attendance requirements. The court may, in
consultation with the probation department, impose any other term of
probation authorized by this code that the judge believes would
assist in the education, treatment, and rehabilitation of the minor
and the prevention of criminal activity. The minor may also be
required to pay restitution to the victim or victims pursuant to the
provisions of this code.
795. The county probation officer or a person designated by the
county probation officer shall serve in each county as the program
administrator for juveniles granted deferred entry of judgment and
shall be responsible for developing, supervising, and monitoring
treatment programs and otherwise overseeing the placement and
supervision of minors granted probation pursuant to the provisions of
this chapter.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.