California 2017-2018 Regular Session Status: Enacted 2 D cosponsors

SB 190 — Juveniles.

Last action — Chaptered by Secretary of State. Chapter 678, Statutes of 2017.

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

This bill has been enacted into law. Introduced January 26, 2017. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 13 sponsors

    1 primary, 12 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law provides that the board of supervisors of any county may authorize the correctional administrator to offer a program under which inmates committed to a county jail or other county correctional facility or granted probation, or inmates participating in a work furlough program, may voluntarily participate or involuntarily be placed in a home detention program during their sentence in lieu of confinement in a county jail or other county correctional facility or program. Existing law authorizes the board of supervisors to prescribe a program administrative fee and an application fee for this program. This bill would make those fees payable only by adult participants of that home detention program who are over 21 years of age and under the jurisdiction of the criminal court. (2) Existing law provides that upon conviction of certain offenses involving controlled substances, or upon a finding that a minor is subject to the jurisdiction of the juvenile court by reason of committing one of those certain offenses, the court, when recommended by the probation officer, shall require, as a condition of probation, that the defendant or the minor not use or be under the influence of any controlled substance and submit to drug and substance abuse testing as directed by the probation officer, unless the court makes a finding that this condition would not serve the interests of justice. Existing law requires the court to order the defendant or the minor to pay a reasonable fee, not to exceed the actual cost of the testing, if the defendant or the minor is required to submit to testing and has the financial ability to pay all or part of those costs. This bill would instead require the court to order a defendant to pay that reasonable fee only if the defendant is an adult who is over 21 years of age and under the jurisdiction of the criminal court. The bill would also delete the provision requiring the court to charge the minor that reasonable fee. (3) Existing law requires specified orders providing for the care and custody of a ward, dependent child, or other minor person, as specified, to direct that the whole expense of support and maintenance of the minor, up to the amount of $20 per month, be paid from the county treasury. Existing law authorizes the board of supervisors of each county to establish a maximum amount that the court may order the county to pay for that support and maintenance and authorizes the court to direct that an amount up to that maximum amount be paid. This bill, for purposes of a ward, a minor person concerning whom a petition has been filed to declare the person a ward of the juvenile court, or a minor who is the subject of a certain program of supervision undertaken by the probation department and who is temporarily placed out of his or her home, as specified, would delete the $20 maximum on support and maintenance payments and delete the authorization of the county board of supervisors to establish a maximum amount that the court may order the county to pay. (4) Existing law generally imposes liability on a parent, spouse, or other person liable for the support of a ward, dependent child, or other minor person, as applicable, for certain costs, including the reasonable costs of transporting the minor to a juvenile facility and for the costs of the minor's food, shelter, and care at the juvenile facility when the minor has been held in temporary custody, as specified, and certain other circumstances are applicable; the reasonable costs of supporting the minor when he or she is placed, detained in, or committed to, any institution or other place pursuant to specified provisions of law or pursuant to an order of the juvenile court; the cost of an alcohol or drug education program as designated by the court; the cost, to the county or the court, of the legal services rendered to the minor by an attorney pursuant to an order of the juvenile court; the cost of probation supervision, home supervision, or electronic surveillance of the minor, pursuant to the order of the juvenile court; the cost of a service program administered by an agency upon delivery or referral of the minor by an officer; the cost of specified services rendered to the minor in lieu of a petition being filed to adjudge the minor a ward of the juvenile court; and other related costs. Existing law authorizes the probation department and the child welfare services department in a county to create a jointly written protocol, as specified, to allow the 2 departments to jointly assess and produce a recommendation that the child be designated as a dual status child, allowing the child to be simultaneously a dependent child and a ward of the court. This bill, for purposes of a minor who is adjudged a ward of the juvenile court, who is placed on probation without being adjudged a ward, who is the subject of a petition that has been filed to adjudge the minor a ward, or who is the subject of a certain program of supervision undertaken by the probation department, as applicable, would repeal the above-described provisions imposing liability for the specified costs and would make other conforming changes. The bill would specify that those provisions apply to a minor who is designated as a dual status child, for purposes of the dependency jurisdiction only and not for purposes of the delinquency jurisdiction. (5) Existing law makes it a misdemeanor for a minor who, while under the supervision of a probation officer, removes his or her electronic monitor without authority and who, for more than 48 hours, violates the terms and conditions of his or her probation relating to the proper use of the electronic monitor. Existing law provides, if an electronic monitor is damaged or discarded while in the possession of the minor, that restitution for the cost of replacing the unit may be ordered as part of the punishment. Existing law requires that this liability be limited by the financial ability of the person or persons ordered to pay the restitution and requires that the person or persons, upon request, be entitled to an evaluation and determination of ability to pay under specified provisions. This bill would remove the requirement that a request be made in order for the person or persons to be entitled to the evaluation and determination described above. (6) This bill would incorporate additional changes to Section 903.45 of the Welfare and Institutions Code proposed by AB 976 to be operative only if this bill and AB 976 are enacted and this bill is enacted last.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 678, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Assembly amendments concurred in. (Ayes 37. Noes 3. Page 2524.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 57. Noes 9. Page 2970.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 9. Noes 1.) (August 23).

  11. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 27). Re-referred to Com. on APPR.

  14. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  15. Referred to Coms. on PUB. S. and HUM. S.

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

  17. Read third time. Passed. (Ayes 36. Noes 4. Page 1250.) Ordered to the Assembly.

  18. Published May 26 at 10 a.m.

  19. Read second time and amended. Ordered to third reading.

  20. From committee: Do pass as amended. (Ayes 6. Noes 1. Page 1179.) (May 25).

  21. Set for hearing May 25.

  22. April 24 hearing: Placed on APPR. suspense file.

  23. Set for hearing April 24.

  24. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 624.) (April 4). Re-referred to Com. on APPR.

  25. Set for hearing April 4.

  26. April 25 hearing postponed by committee.

  27. Set for hearing April 25.

  28. From committee: Do pass and re-refer to Com. on HUMAN S. (Ayes 6. Noes 1. Page 429.) (March 21). Re-referred to Com. on HUMAN S.

  29. Set for hearing March 21.

  30. Referred to Coms. on PUB. S. and HUMAN S.

  31. From printer. May be acted upon on or after February 26.

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

Sponsors

  • Mitchell · Primary
  • Lara · Cosponsor
  • Atkins · Cosponsor
  • Beall · Cosponsor
  • Bradford · Cosponsor
  • Chiu · Cosponsor
  • Hertzberg · Cosponsor
  • Mike McGuire · Cosponsor
  • Monning · Cosponsor
  • Newman · Cosponsor
  • Skinner · Cosponsor
  • Wieckowski · Cosponsor
  • Scott D. Wiener · Cosponsor

Sponsorship breakdown

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1 sponsors · 12 co-sponsors · 109 not signed on

Sponsors (1)

  • Mitchell

Co-sponsors (12)

Not signed on (109)

109 members have not signed on to this bill.

Show all 109 →

"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

Do pass as amended

Passed 6 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5100
Democratic 1000
Total 6100
% of votes cast 86%14%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Nielsen — Nay
Beall — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

public-safety civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 190 do?
(1) Existing law provides that the board of supervisors of any county may authorize the correctional administrator to offer a program under which inmates committed to a county jail or other county correctional facility or granted probation, or inmates participating in a work furlough program, may voluntarily participate or involuntarily be placed in a home detention program during their sentence in lieu of confinement in a county jail or other county correctional facility or program. Existing law authorizes the board of supervisors to prescribe a program administrative fee and an application fee for this program. This bill would make those fees payable only by adult participants of that home detention program who are over 21 years of age and under the jurisdiction of the criminal court. (2) Existing law provides that upon conviction of certain offenses involving controlled substances, or upon a finding that a minor is subject to the jurisdiction of the juvenile court by reason of committing one of those certain offenses, the court, when recommended by the probation officer, shall require, as a condition of probation, that the defendant or the minor not use or be under the influence of any controlled substance and submit to drug and substance abuse testing as directed by the probation officer, unless the court makes a finding that this condition would not serve the interests of justice. Existing law requires the court to order the defendant or the minor to pay a reasonable fee, not to exceed the actual cost of the testing, if the defendant or the minor is required to submit to testing and has the financial ability to pay all or part of those costs. This bill would instead require the court to order a defendant to pay that reasonable fee only if the defendant is an adult who is over 21 years of age and under the jurisdiction of the criminal court. The bill would also delete the provision requiring the court to charge the minor that reasonable fee. (3) Existing law requires specified orders providing for the care and custody of a ward, dependent child, or other minor person, as specified, to direct that the whole expense of support and maintenance of the minor, up to the amount of $20 per month, be paid from the county treasury. Existing law authorizes the board of supervisors of each county to establish a maximum amount that the court may order the county to pay for that support and maintenance and authorizes the court to direct that an amount up to that maximum amount be paid. This bill, for purposes of a ward, a minor person concerning whom a petition has been filed to declare the person a ward of the juvenile court, or a minor who is the subject of a certain program of supervision undertaken by the probation department and who is temporarily placed out of his or her home, as specified, would delete the $20 maximum on support and maintenance payments and delete the authorization of the county board of supervisors to establish a maximum amount that the court may order the county to pay. (4) Existing law generally imposes liability on a parent, spouse, or other person liable for the support of a ward, dependent child, or other minor person, as applicable, for certain costs, including the reasonable costs of transporting the minor to a juvenile facility and for the costs of the minor's food, shelter, and care at the juvenile facility when the minor has been held in temporary custody, as specified, and certain other circumstances are applicable; the reasonable costs of supporting the minor when he or she is placed, detained in, or committed to, any institution or other place pursuant to specified provisions of law or pursuant to an order of the juvenile court; the cost of an alcohol or drug education program as designated by the court; the cost, to the county or the court, of the legal services rendered to the minor by an attorney pursuant to an order of the juvenile court; the cost of probation supervision, home supervision, or electronic surveillance of the minor, pursuant to the order of the juvenile court; the cost of a service program administered by an agency upon delivery or referral of the minor by an officer; the cost of specified services rendered to the minor in lieu of a petition being filed to adjudge the minor a ward of the juvenile court; and other related costs. Existing law authorizes the probation department and the child welfare services department in a county to create a jointly written protocol, as specified, to allow the 2 departments to jointly assess and produce a recommendation that the child be designated as a dual status child, allowing the child to be simultaneously a dependent child and a ward of the court. This bill, for purposes of a minor who is adjudged a ward of the juvenile court, who is placed on probation without being adjudged a ward, who is the subject of a petition that has been filed to adjudge the minor a ward, or who is the subject of a certain program of supervision undertaken by the probation department, as applicable, would repeal the above-described provisions imposing liability for the specified costs and would make other conforming changes. The bill would specify that those provisions apply to a minor who is designated as a dual status child, for purposes of the dependency jurisdiction only and not for purposes of the delinquency jurisdiction. (5) Existing law makes it a misdemeanor for a minor who, while under the supervision of a probation officer, removes his or her electronic monitor without authority and who, for more than 48 hours, violates the terms and conditions of his or her probation relating to the proper use of the electronic monitor. Existing law provides, if an electronic monitor is damaged or discarded while in the possession of the minor, that restitution for the cost of replacing the unit may be ordered as part of the punishment. Existing law requires that this liability be limited by the financial ability of the person or persons ordered to pay the restitution and requires that the person or persons, upon request, be entitled to an evaluation and determination of ability to pay under specified provisions. This bill would remove the requirement that a request be made in order for the person or persons to be entitled to the evaluation and determination described above. (6) This bill would incorporate additional changes to Section 903.45 of the Welfare and Institutions Code proposed by AB 976 to be operative only if this bill and AB 976 are enacted and this bill is enacted last.
Who sponsors SB 190?
SB 190 is sponsored by Mitchell, Lara, Atkins, Beall, Bradford, Chiu, Hertzberg, McGuire, Mike (Democratic), Monning, Newman, Skinner, Wieckowski, and Wiener, Scott D. (Democratic).
What is the current status of SB 190?
This bill has been enacted into law. Introduced January 26, 2017. Enacted.
Where can I track SB 190?
Track SB 190 free on One Click Politics — get push/email alerts when it moves.

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