SB824 - Secure youth treatment facilities.

Amended IN Senate April 24, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 824 Introduced by Senator Menjivar February 21, 2025 An act to amend Section 875 of the Welfare and Institutions Code, relating to juveniles. LEGISLATIVE COUNSEL'S DIGEST SB 824, as amended, Menjivar. Secure youth treatment facilities. Existing law authorizes a court to order a ward who is 14 years of age or older to be committed to a secure youth treatment facility, operated by the county of commitment, for a period of confinement if the ward is adjudicated and found to be a ward based on the commitment of a specified serious offense committed when the juvenile was 14 years of age or older, that adjudication is the most recent offense for which the ward has been adjudicated, and the court has made a finding on the record that a less restrictive, alternative disposition for the ward is unsuitable. Existing law requires, within 30 judicial days of making an order of commitment to a secure youth treatment facility, the court to receive, review, and approve an individual rehabilitation plan that includes specific components, including, among others, a description of the programming, treatment, and education to be provided to the ward in relation to their identified needs during the commitment period. Existing law requires the court to schedule and hold a review hearing every 6 months during the term of commitment. Existing law also authorizes the court, upon a motion from the probation department or the ward, to order that the ward be transferred from a secure youth treatment facility to a less restrictive program, such as a halfway house, a camp or ranch, or a community residential or nonresidential service program, if the court determines that the ward has made substantial progress toward the goals of the individual rehabilitation plan. This bill would require the individual rehabilitation plan to also describe how the programming, treatment, and education to be provided to the ward is designed to enable the ward to facilitate the ward’s potential transition to a less restrictive program, and would require the description to include, among other things, how the individual rehabilitation plan will be implemented to prioritize facilitate the ward’s progress toward transfer to a less restrictive program. program when the ward has met the criteria for transfer. The bill would require the court, prior to approving the individual rehabilitation plan, to hold a hearing on the matter, and would require the prosecutor and the counsel for the ward to be provided a copy of the individual rehabilitation plan at least 2 days prior to that hearing. The bill would also require the court, at each review hearing, to assess the ward’s progress toward transferring to a less restrictive program and would authorize the court to make or modify orders for the purpose of improving and prioritizing that progress. The bill would require the court to order that the ward be transferred to a less restrictive program if it makes the determination described above and finds that it is reasonably likely that transferring the ward to a less restrictive program will better facilitate fulfillment of the goals in the individual rehabilitation plan than would the ward’s continued confinement in a secure youth treatment facility. By imposing new duties on county probation departments relating to the development of an individual rehabilitation plan, this 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 875 of the Welfare and Institutions Code is amended to read: 875. (a) In addition to the types of treatment specified in Sections 727 and 730, commencing July 1, 2021, the court may order that a ward who is 14 years of age or older be committed to a secure youth treatment facility for a period of confinement described in subdivision (b) if the ward meets all of the following criteria: (1) The juvenile is adjudicated and found to be a ward of the court based on an offense listed in subdivision (b) of Section 707 that was committed when the juvenile was 14 years of age or older. (2) The adjudication described in paragraph (1) is the most recent offense for which the juvenile has been adjudicated. (3) The court has made a finding on the record that a less restrictive, alternative disposition for the ward is unsuitable. In determining this, the court shall consider all relevant and material evidence, including the recommendations of counsel, the probation department, and any other agency or individual designated by the court to advise on the appropriate disposition of the case. The court shall additionally make its determination based on all of the following criteria: (A) The severity of the offense or offenses for which the ward has been most recently adjudicated, including the ward’s role in the offense, the ward’s behavior, and harm done to victims. (B) The ward’s previous delinquent history, including the adequacy and success of previous attempts by the juvenile court to rehabilitate the ward. (C) Whether the programming, treatment, and education offered and provided in a secure youth treatment facility is appropriate to meet the treatment and security needs of the ward. (D) Whether the goals of rehabilitation and community safety can be met by assigning the ward to an alternative, less restrictive disposition that is available to the court. (E) The ward’s age, developmental maturity, mental and emotional health, sexual orientation, gender identity and expression, and any disabilities or special needs affecting the safety or suitability of committing the ward to a term of confinement in a secure youth treatment facility. (b) (1) In making its order of commitment for a ward, the court shall set a baseline term of confinement for the ward that is based on the most serious recent offense for which the ward has been adjudicated. The baseline term of confinement shall represent the time in custody necessary to meet the developmental and treatment needs of the ward and to prepare the ward for discharge to a period of probation supervision in the community. The baseline term of confinement for the ward shall be determined according to offense-based classifications that are approved by the Judicial Council, as described in subdivision (h). Pending the development and adoption of offense-based classifications by the Judicial Council, the court shall set a baseline term of confinement for the ward utilizing the discharge consideration date guidelines applied by the Department of Corrections and Rehabilitation, Division of Juvenile Justice prior to its closure and as set forth in Sections 30807 to 30813, inclusive, of Title 9 of the California Code of Regulations. These guidelines shall be used only to determine a baseline confinement time for the ward and shall not be used or relied on to modify the ward’s confinement time in any manner other than as provided in this section. The court may, pending the adoption of Judicial Council guidelines, modify the initial baseline term with a deviation of plus or minus six months. The baseline term shall also be subject to modification in progress review hearings as described in subdivision (e). (2) For youth transferred from the Division of Juvenile Justice and committed to a secure youth treatment facility, the baseline term of confinement shall not exceed a youth’s projected juvenile parole board date as defined in paragraph (12) of Section 30800 of Title 9 of the California Code of Regulations, at the time of their transfer from the Division of Juvenile Justice. Youth shall receive credit against their secure youth treatment facility baseline term for all programs completed or substantially completed at the Division of Juvenile Justice, as reflected in the transition report completed by the Division of Juvenile Justice. (c) (1) In making its order of commitment, the court shall additionally set a maximum term of confinement for the ward based upon the facts and circumstances of the matter or matters that brought or continued the ward under the jurisdiction of the court and as deemed appropriate to achieve rehabilitation. The maximum term of confinement shall represent the longest term of confinement in a facility that the ward may serve subject to the following: (A) A ward committed to a secure youth treatment facility under this section shall not be held in secure confinement beyond 23 years of age, or two years from the date of the commitment, whichever occurs later. However, if the ward has been committed to a secure youth treatment facility based on adjudication for an offense or offenses for which the ward, if convicted in adult criminal court, would face an aggregate sentence of seven or more years, the ward shall not be held in secure confinement beyond 25 years of age, or two years from the date of commitment, whichever occurs later. (B) The maximum term of confinement shall not exceed the middle term of imprisonment that can be imposed upon an adult convicted of the same offense or offenses. If the court elects to aggregate the period of physical confinement on multiple counts or multiple petitions, including previously sustained petitions adjudging the minor a ward within Section 602, the maximum term of confinement shall be the aggregate term of imprisonment specified in subdivision (a) of Section 1170.1 of the Penal Code, which includes any additional term imposed pursuant to Section 667, 667.5, 667.6, or 12022.1 of the Penal Code, and Section 11370.2 of the Health and Safety Code. (C) Precommitment credits for time served must be applied against the maximum term of confinement as set pursuant to this subdivision. (2) For purposes of this section, “maximum term of confinement” has the same meaning as “maximum term of imprisonment,” as defined in paragraph (2) of subdivision (d) of Section 726. (d) (1) Within 30 judicial days of making an order of commitment to a secure youth treatment facility, the court shall receive, review, and approve an individual rehabilitation plan that meets the requirements of paragraph (2) for the ward that has been submitted to the court by the probation department and any other agencies or individuals the court deems necessary for the development of the plan. Prior to approving the plan, the court shall hold a hearing on the matter. The plan may be developed in consultation with a multidisciplinary team of youth service, mental and behavioral health, education, and other treatment providers who are convened to advise the court for this purpose. The prosecutor and the counsel for the ward may provide input in the development of the rehabilitation plan prior to the court’s approval of the plan. A copy of the plan shall be provided to the prosecutor and the counsel for the ward at least two court days in advance of the hearing. The plan may be modified by the court based on all of the information provided. The court shall order the provision of any programs, services, and supports to the ward that facilitate implementation and fulfillment of the individual rehabilitation plan. (2) An individual rehabilitation plan shall do all of the following: (A) Identify the ward’s needs in relation to treatment, education, and development, including any special needs the ward may have in relation to health, mental or emotional health, disabilities, or gender-related or other special needs. (B) Describe the programming, treatment, and education to be provided to the ward in relation to the identified needs during the baseline term or modified baseline term, including a description of how to meet any identified needs that cannot be met by currently available programming, treatment, and education. (C) Reflect, and be consistent with, the principles of trauma-informed, evidence-based, and culturally responsive care. (D) (i) Describe how the programming, treatment, and education to be provided to the ward is designed to enable the ward to facilitate the ward’s potential transition to a less restrictive program during the baseline term or modified baseline term, with a persistent focus on the goal of successfully returning the ward to the community. This description shall include all of the following: (I) Available less Less restrictive programs pursuant to subdivision (f) that may be considered in the future to address the ward’s individual needs and goals. (II) Specific measures of progress that it is anticipated will qualify the ward for transfer to a less restrictive program. (III) Furloughs from secure confinement that would provide opportunities for the ward’s reintegration into their family and community, which may include, but is not limited to, temporary releases for work, education, vocational training, family visitation, obtaining identification or licenses, treatment, or attendance at family, community, or religious events. (IV) How the individual rehabilitation plan will be implemented to prioritize facilitate the ward’s progress toward transferring to a less restrictive program. program when the criteria in subdivision (f) have been met. (V) A projected timeline for the ward’s transition to a less restrictive program. (VI) (V) The specific supports, services, and programs that it is anticipated will facilitate the ward’s success upon transitioning to a less restrictive program under subdivision (f) and or upon discharge to probation supervision under paragraph (3) of subdivision (e). (ii) The description required pursuant to this subparagraph shall include consideration of the ward’s individualized needs and goals related to housing, education, vocation, employment and career, family relationships, daily living skills, income and finances, mentorship, transportation, health care, and any other areas relevant to achieving and maintaining the ward’s successful rehabilitation in a nonsecure, community-based setting. (E) The ward and their family shall be given the opportunity to provide input regarding the needs of the ward during the identification process stated in subparagraph (A), and the opinions of the ward and the ward’s family shall be included in the rehabilitation plan report to the court. (e) (1) (A) The court shall, during the term of commitment, including any term spent in a less restrictive program pursuant to subdivision (f), schedule and hold a progress review hearing for the ward n [Text truncated for display. Full text available on Congress.gov.]