California 2009-2010 Regular Session Status: To Executive

SB 352 — Juvenile offenders: health facilities.

Last action — Chaptered by Secretary of State. Chapter 46, Statutes of 2009.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Under existing law, before the placement of certain minors who are wards of the court due to a violation of law may be made in an out-of-county facility, the parole or probation officer in the county of residence is required to send written notice of the placement, including specified information, to the probation officer of the receiving county. A violation of these provisions is a misdemeanor. This bill would allow the notice to be made in writing, by fax, or electronic transmission. Additionally, the bill would require gang affiliation, as defined, to be included in the information sent to the receiving county. The bill would also require that a copy of the notice be sent, at the same time it is sent to the receiving county, to the community care facility where the ward is being placed, and would require the community care facility to maintain a copy of the notice on file. (2) Under existing law, if a ward of the court, as described above, who is placed in an out-of-county community care facility, has his or her board and care funded though the Aid to Families with Dependent Children-Foster Care program, a plan for supervision and visitation is required to be developed by the county of residence. This bill would require, in addition to the plan for supervision and visitation, that the sending county document information regarding any known gang affiliation or dangerous behavior that indicates the ward may pose a safety concern to the receiving county. It would also require information related to gang affiliation to be included in a case plan required to be developed for the ward pursuant to existing law. (3) Under existing law, a group home is required to annually report all incident reports involving a response by local law enforcement or emergency services personnel that were sent to a placement agency other than the county in which the group home is located. This bill would expressly require a group home, at the request of the probation department of the county in which the group home facility is located, to notify a probation official, as specified, of unusual incidents, including those that concern runaway incidents. This bill would also require the requesting probation department to maintain the confidentiality of any identifying information about the ward contained in the notification and prohibit the probation department from sharing, transferring, or otherwise releasing the identifying information to a third party unless otherwise authorized by state or federal law. (4) Existing law requires a placement agency, as defined, to notify the appropriate licensing agency of any known or suspected incidents, as specified, that would jeopardize the health and safety of residents at a community care facility. A violation of these provisions is a misdemeanor. This bill would add sexual abuse and a situation in which the residents are inadequately supervised to the list of reportable incidents. (5) Because the bill would impose additional duties on the counties and create a new crime, it would create 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 46, Statutes of 2009.

  2. Approved by Governor.

  3. Enrolled. To Governor at 11:30 a.m.

  4. In Senate. To enrollment.

  5. Read third time. Passed. (Ayes 72. Noes 0. Page 2544.) To Senate.

  6. Read second time. To Consent Calendar.

  7. (Heard in committee on July 8.)

  8. From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.)

  9. (Heard in committee on June 30.)

  10. From committee: Do pass, but first be re-referred to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) Re-referred to Com. on APPR.

  11. (Heard in committee on June 23.)

  12. From committee: Do pass, but first be re-referred to Com. on HUM. S. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) Re-referred to Com. on HUM. S.

  13. To Coms. on PUB. S. and HUM. S.

  14. In Assembly. Read first time. Held at Desk.

  15. Read third time. Passed. (Ayes 39. Noes 0. Page 1149.) To Assembly.

  16. To Special Consent Calendar.

  17. Read second time. Amended. To third reading.

  18. From committee: Do pass as amended. (Ayes 13. Noes 0. Page 1026.)

  19. (For vote only.)

  20. Set for hearing May 26.

  21. Set, first hearing. Testimony taken. Further hearing to be set.

  22. Set for hearing May 18.

  23. Read second time. Amended. Re-referred to Com. on APPR.

  24. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 705.)

  25. Set for hearing April 28.

  26. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on PUB. S.

  27. From committee: Do pass, but first be re-referred to Com. on PUB. S. (Ayes 5. Noes 0. Page 497.) Re-referred to Com. on PUB. S.

  28. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on HUMAN S.

  29. Set for hearing April 14.

  30. To Coms. on HUMAN S. and PUB. S.

  31. From print. May be acted upon on or after March 28.

  32. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Dutton · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Dutton

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 352 Dutton Consent Calendar Second Day Regular Session

Passed 84 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 78007
Democratic 3000
Republican 3000
Total 84007
% of votes cast 92%0%0%8%
How each member voted (91)
Member Party Vote
Hagman — Yea
Carter — Yea
Evans — Yea
Feuer — Yea
Chesbro — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Bill — Yea
Tom — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Ammiano — Yea
Beall — Yea
Duvall — Yea
Fletcher — Yea
Fong — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Conway — Not Voting
Saldana — Not Voting
Fuller — Yea
Furutani — Yea
Garrick — Yea
Bass — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Knight — Yea
Lieu — Not Voting
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Villines — Not Voting
Adams — Yea
Anderson — Not Voting
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Jeffries — Yea
Krekorian — Not Voting
Ma — Yea
Monning — Yea
Nielsen — Yea
Swanson — Yea
Torrico — Yea
Tran — Yea
Emmerson — Yea
Eng — Not Voting
DeVore — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 18001
Democratic 1000
Republican 1000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Charles — Yea
Fuentes — Yea
Hall — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Harkey — Yea
Coto — Yea
Duvall — Yea
Miller — Yea
Nielsen — Yea
Ammiano — Yea
Solorio — Not Voting
Skinner — Yea
Torlakson — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Special Consent #7 SB352 Dutton

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Democratic 2000
Republican 1000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Florez — Yea
Harman — Yea
Hollingsworth — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ducheny — Yea
Kehoe — Yea
McLeod — Yea
Oropeza — Yea
Ashburn — Yea
Benoit — Yea
Dutton — Yea
Romero — Yea
Simitian — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Huff — Yea
Leno — Yea
Liu — Yea
Maldonado — Yea
Pavley — Yea
Steinberg — Yea
Cedillo — Yea
Cogdill — Yea
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Runner — Yea
Corbett — Yea
Hancock — Yea
Leno — Yea
Oropeza — Yea
Wolk — Yea
Kehoe — Yea
Walters — Yea
Wyland — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea

Official roll call →

Subjects

public-safety healthcare labor
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Frequently asked questions

What does SB 352 do?
(1) Under existing law, before the placement of certain minors who are wards of the court due to a violation of law may be made in an out-of-county facility, the parole or probation officer in the county of residence is required to send written notice of the placement, including specified information, to the probation officer of the receiving county. A violation of these provisions is a misdemeanor. This bill would allow the notice to be made in writing, by fax, or electronic transmission. Additionally, the bill would require gang affiliation, as defined, to be included in the information sent to the receiving county. The bill would also require that a copy of the notice be sent, at the same time it is sent to the receiving county, to the community care facility where the ward is being placed, and would require the community care facility to maintain a copy of the notice on file. (2) Under existing law, if a ward of the court, as described above, who is placed in an out-of-county community care facility, has his or her board and care funded though the Aid to Families with Dependent Children-Foster Care program, a plan for supervision and visitation is required to be developed by the county of residence. This bill would require, in addition to the plan for supervision and visitation, that the sending county document information regarding any known gang affiliation or dangerous behavior that indicates the ward may pose a safety concern to the receiving county. It would also require information related to gang affiliation to be included in a case plan required to be developed for the ward pursuant to existing law. (3) Under existing law, a group home is required to annually report all incident reports involving a response by local law enforcement or emergency services personnel that were sent to a placement agency other than the county in which the group home is located. This bill would expressly require a group home, at the request of the probation department of the county in which the group home facility is located, to notify a probation official, as specified, of unusual incidents, including those that concern runaway incidents. This bill would also require the requesting probation department to maintain the confidentiality of any identifying information about the ward contained in the notification and prohibit the probation department from sharing, transferring, or otherwise releasing the identifying information to a third party unless otherwise authorized by state or federal law. (4) Existing law requires a placement agency, as defined, to notify the appropriate licensing agency of any known or suspected incidents, as specified, that would jeopardize the health and safety of residents at a community care facility. A violation of these provisions is a misdemeanor. This bill would add sexual abuse and a situation in which the residents are inadequately supervised to the list of reportable incidents. (5) Because the bill would impose additional duties on the counties and create a new crime, it would create 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors SB 352?
SB 352 is sponsored by Dutton.
What is the current status of SB 352?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 352?
Track SB 352 free on One Click Politics — get push/email alerts when it moves.

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