AB1376 - Wards: probation.

Assembly Bill No. 1376 CHAPTER 575 An act to amend Sections 729, 729.1, 729.2, 729.6, 729.8, 729.9, 730, and 742.16 of, and to add Section 602.05 to, the Welfare and Institutions Code, relating to juveniles. [ Approved by Governor October 10, 2025. Filed with Secretary of State October 10, 2025. ] LEGISLATIVE COUNSEL'S DIGEST AB 1376, Bonta. Wards: probation. Existing law subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance, who persistently or habitually refuses to obey the reasonable and proper orders or directions of the minor’s parents, guardian, or custodian, or who is beyond the control of that person, who violates an ordinance establishing a curfew or is truant, and a minor under 12 years of age who is alleged to have committed specified serious offenses, to the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. When a minor is adjudged to be a ward of the court, as previously described, and is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, existing law authorizes the court to make any and all reasonable orders for the conduct of the ward, and to impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced. This bill would limit to 12 months from the most recent disposition hearing the period of time a ward may remain on probation, except that a court may extend the probation period after a noticed hearing and upon proof by a preponderance of the evidence that it is in the ward’s and the public’s best interest. The bill would require the probation agency to submit a report to the court detailing the basis for any request to extend probation at the noticed hearing. The bill would require the court to provide the ward and the prosecuting attorney with the opportunity to present relevant evidence, as specified. The bill would require the court to hold noticed hearings for the ward not less frequently than every 6 months for the remainder of the wardship period if the court extends probation. The bill would specify that all of these provisions do not apply to specified wards, including a ward who is serving a custodial commitment to a juvenile hall, juvenile home, ranch, camp, or forestry camp. The bill would additionally require, among other things, that conditions of probation for a ward be individually tailored, developmentally appropriate, and reasonable. Existing law authorizes the court, as part of the order adjudging the minor to be a ward of the court, to order the ward to pay restitution, to pay a fine up to $250 for deposit in the county treasury if the court finds the minor has the financial ability to pay, or to participate in an uncompensated work program. This bill would remove the authority of the court to order the minor to pay the $250 fine or participate in an uncompensated work program in lieu of restitution. Existing law requires the court, for specified offenses, to order certain actions as a condition of a minor’s probation, including attending counseling, repairing property, repaying the cost of apprehension to the city or county, and performing community service. This bill would, in specified instances, no longer require the court to order certain actions as a condition of a minor’s probation. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. (a) Evidence demonstrates that community safety is best achieved through provision of individualized, comprehensive youth development and health-based approaches to address youth challenges and behaviors, keeping youth in families and communities whenever possible, and prioritizing family connection and reunification. (b) Research shows that imposing lengthy periods of probation on youth compounds trauma, exacerbates mental health problems, interferes with healthy development, increases recidivism, and is counterproductive as a means of achieving public health and safety. Furthermore, longer probation terms are no more effective than shorter ones in achieving positive outcomes and increase the risk of revocation and deeper system involvement. (c) Data shows that youth of color, tribal youth, and youth in the child welfare system are overrepresented at every decisionmaking point in the justice system and bear the brunt of the harms of system contact. (d) It is the intent of the Legislature that all of the following apply: (1) Counties use evidence-based and promising practices and programs that prioritize non-law enforcement, community-based, and individualized interventions that promote youth development, build on youths’ strengths, are culturally rooted, and address trauma. (2) Interventions be governed by a public health focus and not a correctional model. (3) The utilization of state intervention and court-ordered supervision occurs in rare circumstances and only when all forms of community-based, developmentally appropriate interventions have been exhausted. (4) Youth that come into contact with the delinquency system should not be denied any available protections and benefits under the foster care system and other youth-serving systems. (5) The justice system must promote equity and eliminate systemic biases and structural barriers that disparately impact youth and families of color, those impacted by poverty, and other marginalized groups. (6) In the limited instances in which probation is used, engagement should be as short and minimally disruptive as possible, aiming to connect youth and their families with resources in their community that can provide consistency and support for the youth without the harms of the justice system. (7) Counties should apply best practices to minimize the amount of time youth spend on probation by creating procedures to limit probation to the shortest time necessary to achieve individualized rehabilitative goals, including setting progress reviews and probation termination hearings less than a year after disposition. (8) Counties that are currently employing best practices by holding probation reviews and considering termination of probation at six months should continue such practices and assist other counties by setting a standard of excellence guided by youth development models. (9) Counties should minimize delays in case processing that could extend the amount of time youth spend on probation. (10) Counties should give youth pathways to shorten their time on probation and provide as many opportunities as possible for them to exercise that agency. SEC. 2. Section 602.05 is added to the Welfare and Institutions Code, to read: 602.05. (a) A minor adjudged to be a ward of the court pursuant to Section 601 or 602 who is subject to an order of probation pursuant to Section 727, with or without supervision of the probation officer, shall not remain on probation for a period that exceeds 12 months from the most recent disposition hearing, except as specified in subdivision (b). Nothing in this section shall preclude the court from holding progress review hearings at any point prior to 12 months from the most recent disposition hearing. (b) A court may extend the probation period after a noticed hearing and upon proof by a preponderance of the evidence that it is in the ward’s and the public’s best interest, consistent with Section 202. (1) At the noticed hearing, the probation agency shall submit a report to the court detailing the basis for any request to extend probation. (2) The court shall provide the ward and the prosecuting attorney with the opportunity to present relevant evidence. The court has discretion to receive evidence by testimony, declaration, and other documentary evidence. (3) In cases in which the court finds by a preponderance of the evidence a basis for extending probation, the court shall state the reasons for the findings orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or when the proceedings are not being recorded electronically or reported by a court reporter. (4) If the court finds good cause to continue the noticed hearing, probation shall continue until completion of the noticed hearing, provided that continuance shall be for only as long as necessary. (c) If the court extends probation at the noticed hearing, the court shall schedule and hold subsequent noticed hearings for the ward pursuant to subdivision (b) not less frequently than every six months for the remainder of the wardship period. (d) This section does not preclude termination of a ward’s probation before the end of a twelve-month period. (e) Prior to terminating jurisdiction over a youth who is described by subdivision (a) of Section 607.2, the court shall comply with the provisions of Section 607.2. (f) This section does not apply to any ward whom the court ordered the care, custody, and control of the minor or nonminor to be under the supervision of the probation officer pursuant to paragraph (3) of subdivision (a) of Section 727 for placement except that the requirement to comply with the provisions of Section 607.2 shall not be the sole basis for continuing an order imposing terms and conditions of probation, as referenced in subdivision (b) of Section 730. If the court retains jurisdiction pursuant to this subdivision, the ward shall not be subject to a petition pursuant to Section 777 or a violation of probation. (g) This section does not apply to a ward while serving a custodial commitment to a juvenile hall, juvenile home, ranch, camp, or forestry camp pursuant to Section 730. (h) This section does not apply to any ward who is transferred from a secure youth treatment facility to a less restrictive program pursuant to paragraph (2) of subdivision (f) of Section 875 or to any ward who is discharged from a secure youth treatment facility pursuant to a probation discharge hearing described in subdivision (e) of Section 875. SEC. 3. Section 729 of the Welfare and Institutions Code is amended to read: 729. If a minor is found to be a person described in Section 602 by reason of the commission of a battery on school property as described in Penal Code Section 243.5, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to make restitution to the victim of the battery. If restitution is found to be inappropriate, the court, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to perform specified community service. Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation. SEC. 4. Section 729.1 of the Welfare and Institutions Code is amended to read: 729.1. (a) (1) If a minor is found to be a person described in Section 602 by reason of the commission of a crime which takes place on a public transit vehicle, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to wash, paint, repair, or replace the damaged or destroyed property, or otherwise make restitution to the property owner. If restitution is found to be inappropriate, the court, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to perform specified community service. Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation. (2) In lieu of the community service authorized pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594 of the Penal Code, order the defendant, and the defendant’s parents or guardians, as a condition of probation, to keep a specified property in the community free of graffiti for 90 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children. (b) As used in subdivision (a), “public transit vehicle” means any motor vehicle, street car, trackless trolley, bus, shuttle, light rail system, rapid transit system, subway, train, taxi cab, or jitney, which transports members of the public for hire. (c) The court may order any person ordered to perform community service or graffiti removal pursuant to subdivision (a) to undergo counseling. SEC. 5. Section 729.2 of the Welfare and Institutions Code is amended to read: 729.2. If a minor is found to be a person described in Section 601 or 602 and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may: (a) Require the minor to attend a school program approved by the probation officer without absence. (b) Require the parents or guardian of the minor to participate with the minor in a counseling or education program, including, but not limited to, parent education and parenting programs operated by community colleges, school districts, or other appropriate agencies designated by the court or the probation department, unless the minor has been declared a dependent child of the court pursuant to Section 300 or a petition to declare the minor a dependent child of the court pursuant to Section 300 is pending. (c) Require the minor to be at the minor’s legal residence between the hours of 10:00 p.m. and 6:00 a.m. unless the minor is accompanied by the minor’s parent or parents, legal guardian or other adult person having the legal care or custody of the minor. SEC. 6. Section 729.6 of the Welfare and Institutions Code is amended to read: 729.6. If a minor is found to be a person described in Section 602 by reason of the commission of an offense described in Section 241.2 or 243.2 of the Penal Code, the court may, in addition to any other fine, sentence, or as a condition of probation, order the minor to attend counseling. SEC. 7. Section 729.8 of the Welfare and Institutions Code is amended to read: 729.8. (a) If a minor is found to be a person described [Text truncated for display. Full text available on Congress.gov.]