Amended  IN  Assembly  March 24, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill
No. 22

Introduced by Assembly Member DeMaio

December 02, 2024

An act to amend Section 290 of the Penal Code, and to amend Sections 653.5, 707.2, 727, 828.1, 1753.3, 1767.1, and 6608.5 of, to add Section 6609.4 to, and to repeal and add Sections 602 and 707 of, the Welfare and Institutions Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 22, as amended, DeMaio. Crimes: early release. Crime.
(1) Existing law, the Sex Offender Registration Act, requires a person convicted of one of certain crimes, as specified, to register with law enforcement as a sex offender while residing in California or while attending school or working in California, as specified. A willful failure to register, as required by the act, is a misdemeanor or felony, depending on the underlying offense. Existing law exempts a person convicted of certain offenses involving a minor from mandatory registration under the act if, at the time of the offense, the person is not more than 10 years older than the minor and if that offense is the only one requiring the person to register.
This bill would repeal that exemption.
(2) Existing law, as amended by Proposition 57, an initiative measure approved by the voters at the November 8, 2016, statewide general election, removed the requirement that a person 14 years of age or older who commits certain severe crimes be automatically tried in adult court and requires that specified youth have a transfer hearing in juvenile court before they can be transferred to adult court. Proposition 57 also limited the criteria for which a juvenile transfer hearing may occur, including a youth committing specified crimes when they were 14 or 15 years of age or a felony when they were 16 or 17 years of age.
This bill would repeal the changes enacted by Proposition 57. The bill would also make technical and conforming changes.
(3) Existing law defines a sexually violent predator as a person who has been convicted of a sexually violent offense and has a diagnosed mental disorder that makes the person a danger to others in that they are likely to engage in sexually violent criminal behavior. Existing law provides for the civil commitment of a person who is determined to be a sexually violent predator. Existing law establishes a procedure by which a person committed as a sexually violent predator may petition for conditional release and requires the court, if it makes a specified determination, to place the person on conditional release. Existing law generally requires that a person released on conditional release pursuant to these provisions be placed in the person’s county of domicile prior to their incarceration unless extraordinary circumstances exist requiring placement outside the county, as specified. Existing law also prohibits the placement of a person released on conditional release within 1/4 mile of any public or private school, as specified.
The bill would require the State Department of State Hospitals to ensure department vendors consider public safety as the overriding consideration in the placement of a conditionally released sexually violent predator and approve a potential placement before a department employee or vendor signs a lease or rental agreement for the placement of a sexually violent predator, as specified. The bill would prohibit the placement of a person released on conditional release within an area zoned for residential use in the general plan of a city or county.
(4) This bill would require the Secretary of State to submit the provisions of the bill that amend the initiative statute to the electors for their approval at the next statewide primary election.

The California Constitution, as amended by Proposition 57 at the November 8, 2016, statewide general election, makes a person sentenced to state prison for a conviction of a nonviolent felony offense eligible for parole consideration after completing the full term for their primary offense, as defined.

Existing law provides for the civil commitment of a person who a court determines to be a sexually violent predator. Existing law establishes a procedure by which a person committed as a sexually violent predator may petition for conditional release and requires the court, if it makes a specified determination, to place the person on conditional release. Existing law generally requires that a person released on conditional release pursuant to these provisions be placed in the person’s county of domicile prior to their incarceration unless extraordinary circumstances exist requiring placement outside the county, as specified.

Existing law requires the State Department of State Hospitals, or its designee, to consider specified factors when recommending a specific placement for community outpatient treatment, including the concerns and proximity of the victim or the victim’s next of kin and the age and profile of the victim or victims in the sexually violent offenses committed by the person subject to placement.

This bill would state the intent of the Legislature to enact legislation to prohibit the early release of inmates by repealing provisions of Proposition 57 and the placement of sexually violent predators in residential communities.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 290 of the Penal Code is amended to read:

290.
 (a) Sections 290 to 290.024, inclusive, shall be known, and may be cited, as the Sex Offender Registration Act. All references to “the Act” in those sections are to the Sex Offender Registration Act.
(b) Every person described in subdivision (c), for the period specified in subdivision (d) while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall register with the chief of police of the city in which the person is residing, or the sheriff of the county if the person is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if the person is residing upon the campus or in any of its facilities, within five working days of coming into, or changing the person’s residence within, any city, county, or city and county, or campus in which the person temporarily resides, and shall register thereafter in accordance with the Act, unless the duty to register is terminated pursuant to Section 290.5 or as otherwise provided by law.
(c) The following persons shall register:
(1) A person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape, or any act punishable under Section 286, 287, 288, or 289 or former Section 288a, Section 207 or 209 committed with intent to violate Section 261, 286, 287, 288, or 289 or former Section 288a, Section 220, except assault to commit mayhem, subdivision (b) or (c) of Section 236.1, Section 243.4, Section 261, paragraph (1) of subdivision (a) of former Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 287, 288, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, or former Section 288a, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the offenses described in this subdivision; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the offenses described in this subdivision.
(2) (A) A person who is 18 years of age or older, is convicted on or after January 1, 2025, of a violation of paragraph (2) of subdivision (l) of Section 647, and has a prior conviction for a violation of subparagraph (A) of paragraph (2) of subdivision (l) of Section 647 shall register if, at the time of the offense, the person was more than 10 years older than the solicited minor, as measured from the minor’s date of birth to the person’s date of birth, and the conviction is the only one requiring the person to register.
(B) This paragraph does not preclude the court from requiring a person to register pursuant to Section 290.006.

(3)Notwithstanding paragraph (1), a person convicted of a violation of subdivision (b) of Section 286, subdivision (b) of Section 287, or subdivision (h) or (i) of Section 289 shall not be required to register if, at the time of the offense, the person is not more than 10 years older than the minor, as measured from the minor’s date of birth to the person’s date of birth, and the conviction is the only one requiring the person to register. This paragraph does not preclude the court from requiring a person to register pursuant to Section 290.006.

(d) A person described in subdivision (c), or who is otherwise required to register pursuant to the Act shall register for 10 years, 20 years, or life, following a conviction and release from incarceration, placement, commitment, or release on probation or other supervision, as follows:
(1) (A) A tier one offender is subject to registration for a minimum of 10 years. A person is a tier one offender if the person is required to register for conviction of a misdemeanor described in subdivision (c), or for conviction of a felony described in subdivision (c) that was not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.
(B) This paragraph does not apply to a person who is subject to registration pursuant to paragraph (2) or (3).
(2) (A) A tier two offender is subject to registration for a minimum of 20 years. A person is a tier two offender if the person was convicted of an offense described in subdivision (c) that is also described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7, Section 285, subdivision (g) or (h) of Section 286, subdivision (g) or (h) of Section 287 or former Section 288a, subdivision (b) of Section 289, or Section 647.6 if it is a second or subsequent conviction for that offense that was brought and tried separately.
(B) This paragraph does not apply if the person is subject to lifetime registration as required in paragraph (3).
(3) A tier three offender is subject to registration for life. A person is a tier three offender if any one of the following applies:
(A) Following conviction of a registerable offense, the person was subsequently convicted in a separate proceeding of committing an offense described in subdivision (c) and the conviction is for commission of a violent felony described in subdivision (c) of Section 667.5, or the person was subsequently convicted of committing an offense for which the person was ordered to register pursuant to Section 290.006, and the conviction is for the commission of a violent felony described in subdivision (c) of Section 667.5.
(B) The person was committed to a state mental hospital as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(C) The person was convicted of violating any of the following:
(i) Section 187 while attempting to commit or committing an act punishable under Section 261, 286, 287, 288, or 289 or former Section 288a.
(ii) Section 207 or 209 with intent to violate Section 261, 286, 287, 288, or 289 or former Section 288a.
(iii) Section 220.
(iv) Subdivision (b) of Section 266h.
(v) Subdivision (b) of Section 266i.
(vi) Section 266j.
(vii) Section 267.
(viii) Section 269.
(ix) Subdivision (b) or (c) of Section 288.
(x) Section 288.2.
(xi) Section 288.3, unless committed with the intent to commit a violation of subdivision (b) of Section 286, subdivision (b) of Section 287 or former Section 288a, or subdivision (h) or (i) of Section 289.
(xii) Section 288.4.
(xiii) Section 288.5.
(xiv) Section 288.7.
(xv) Subdivision (c) of Section 653f.
(xvi) Any offense for which the person is sentenced to a life term pursuant to Section 667.61.
(D) The person’s risk level on the static risk assessment instrument for sex offenders (SARATSO), pursuant to Section 290.04, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.
(E) The person is a habitual sex offender pursuant to Section 667.71.
(F) The person was convicted of violating subdivision (a) of Section 288 in two proceedings brought and tried separately.
(G) The person was sentenced to 15 to 25 years to life for an offense listed in Section 667.61.
(H) The person is required to register pursuant to Section 290.004.
(I) The person was convicted of a felony offense described in subdivision (b) or (c) of Section 236.1.
(J) The person was convicted of a felony offense described in subdivision (a), (c), or (d) of Section 243.4.
(K) The person was convicted of violating paragraph (2), (3), or (4) of subdivision (a) of Section 261 or was convicted of violating Section 261 and punished pursuant to paragraph (1) or (2) of subdivision (c) of Section 264.
(L) The person was convicted of violating paragraph (1) of subdivision (a) of former Section 262.
(M) The person was convicted of violating Section 264.1.
(N) The person was convicted of any offense involving lewd or lascivious conduct under Section 272.
(O) The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 286.
(P) The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 287 or former Section 288a.
(Q) The person was convicted of violating paragraph (1) of subdivision (a) or subdivision (d), (e), or (j) of Section 289.
(R) The person was convicted of a felony violation of Section 311.1 or 311.11 or of violating subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, or 311.10.
(4) (A) A person who is required to register pursuant to Section 290.005 shall be placed in the appropriate tier if the offense is assessed as equivalent to a California registerable offense described in subdivision (c).
(B) If the person’s duty to register pursuant to Section 290.005 is based solely on the requirement of registration in another jurisdiction, and there is no equivalent California registerable offense, the person shall be subject to registration as a tier two offender, except that the person is subject to registration as a tier three offender if one of the following applies:
(i) The person’s risk level on the static risk assessment instrument (SARATSO), pursuant to Section 290.06, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.
(ii) The person was subsequently convicted in a separate proceeding of an offense substantially similar to an offense listed in subdivision (c) which is also substantially similar to an offense described in subdivision (c) of Section 667.5, or is substantially similar to Section 269 or 288.7.
(iii) The person has ever been committed to a state mental hospital or mental health facility in a proceeding substantially similar to civil commitment as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(5) (A) The Department of Justice may place a person described in subdivision (c), or who is otherwise required to register pursuant to the Act, in a tier-to-be-determined category if the appropriate tier designation described in this subdivision cannot be immediately ascertained. An individual placed in this tier-to-be-determined category shall continue to register in accordance with the Act. The individual shall be given credit toward the mandated minimum registration period for any period for which the individual registers.
(B) The Department of Justice shall ascertain an individual’s appropriate tier designation as described in this subdivision within 24 months of the individual’s placement in the tier-to-be-determined category.
(e) The minimum time period for the completion of the required registration period in tier one or two commences on the date of release from incarceration, placement, or commitment, including any related civil commitment on the registerable offense. The minimum time for the completion of the required registration period for a designated tier is tolled during any period of subsequent incarceration, placement, or commitment, including any subsequent civil commitment, except that arrests not resulting in conviction, adjudication, or revocation of probation or parole shall not toll the required registration period. The minimum time period shall be extended by one year for each misdemeanor conviction of failing to register under this act, and by three years for each felony conviction of failing to register under this act, without regard to the actual time served in custody for the conviction. If a registrant is subsequently convicted of another offense requiring registration pursuant to the Act, a new minimum time period for the completion of the registration requirement for the applicable tier shall commence upon that person’s release from incarceration, placement, or commitment, including any related civil commitment. If the subsequent conviction requiring registration pursuant to the Act occurs prior to an order to terminate the registrant from the registry after completion of a tier associated with the first conviction for a registerable offense, the applicable tier shall be the highest tier associated with the convictions.
(f) This section does not require a ward of the juvenile court to register under the Act, except as provided in Section 290.008.

SEC. 2.

 Section 602 of the Welfare and Institutions Code is repealed.
602.

(a)Except as provided in Section 707, any minor who is between 12 years of age and 17 years of age, inclusive, when he or she violates any law of this state or of the United States or any ordinance of any city or county of this state defining crime other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court.

(b)Any minor who is under 12 years of age when he or she is alleged to have committed any of the following offenses is within the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court:

(1)Murder.

(2)Rape by force, violence, duress, menace, or fear of immediate and unlawful bodily injury.

(3)Sodomy by force, violence, duress, menace, or fear of immediate and unlawful bodily injury.

(4)Oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury.

(5)Sexual penetration by force, violence, duress, menace, or fear of immediate and unlawful bodily injury.

SEC. 3.

 Section 602 is added to the Welfare and Institutions Code, to read:

602.
 (a) Except as provided in subdivision (b), a person who is under 18 years of age when they violate a law of this state or the United States, or an ordinance of a city or county of this state defining crime other than an ordinance establish a curfew based solely on age, is within the jurisdiction of the juvenile court, which may adjudge the person to be a ward of the court.
(b) A person who is alleged, when they were 14 years of age or older, to have committed one of the following offenses shall be prosecuted under the general law in a court of criminal jurisdiction:
(1) Murder, as defined in Section 187 of the Penal Code, if the prosecutor alleges one of the circumstances enumerated in subdivision (a) of Section 190.2 of the Penal Code and that the minor personally killed the victim.
(2) The following sex offenses, if the prosecutor alleges that the minor personally committed the offense and either one of the circumstances enumerated in the One Strike law or subdivision (d) or (e) of Section 667.61 of the Penal Code:
(A) Rape, as described in paragraph (2) of subdivision (a) of Section 261 of the Penal Code.
(B) A forcible sex offense in concert with another, as described in Section 264.1 of the Penal Code.
(C) A forcible lewd and lascivious act on a child under 14 years of age, as described in subdivision (b) of Section 288 of the Penal Code.
(D) Forcible sexual penetration, as described in subdivision (a) of Section 289 of the Penal Code.
(E) Sodomy or oral copulation, in violation of Section 286 or 287 of the Penal Code, by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.
(F) A lewd and lascivious act on a child under 14 years of age, as defined in subdivision (a) of Section 288, unless the defendant qualifies for probation under subdivision (d) of Section 1203.066 of the Penal Code.

SEC. 4.

 Section 653.5 of the Welfare and Institutions Code is amended to read:

653.5.
 (a) Whenever any If a person applies to the probation officer to commence proceedings in the juvenile court, the application shall be in the form of an affidavit alleging that there was or is within the county, or residing therein, a minor within the provisions of Section 602, or that a minor committed an offense described in Section 602 within the county, and setting forth facts in support thereof. The probation officer shall immediately make any investigation the probation officer deems necessary to determine whether proceedings in the juvenile court shall be commenced. If the probation officer determines that it is appropriate to recommend services to the family to prevent or eliminate the need for removal of the minor from the minor’s home, the probation officer shall make a referral to those services. The probation officer shall refer the youth to services provided by a health agency, community-based organization, local educational agency, an appropriate non-law-enforcement agency, or the probation department.
(b) Except as provided in subdivision (c), if the probation officer determines that proceedings pursuant to Section 650 should be commenced to declare a person to be a ward of the juvenile court on the basis that the minor is a person described in Section 602, the probation officer shall cause the affidavit to be taken to the prosecuting attorney.
(c) Notwithstanding subdivision (b), the probation officer shall cause the affidavit to be taken within 48 hours to the prosecuting attorney in all of the following cases:
(1) If it appears to the probation officer that the minor has been referred to the probation officer for any a violation of an offense listed in subdivision (b), paragraph (2) of subdivision (d), or subdivision (e) (b) of Section 707.
(2) If it appears to the probation officer that the minor is under 14 years of age at the date of the offense and that offense, and the offense constitutes a second felony referral to the probation officer.
(3) If it appears to the probation officer that the minor was 14 years of age or older at the date of the offense and that offense, and the offense constitutes a felony referral to the probation officer.
(4) If it appears to the probation officer that the minor has been referred to the probation officer for the sale or possession for sale of a controlled substance as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code.
(5) If it appears to the probation officer that the minor has been referred to the probation officer for a violation of 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.
(6) If it appears to the probation officer that the minor has been referred to the probation officer for a violation of Section 186.22 of the Penal Code.
(7) If it appears to the probation officer that the minor has committed an offense in which the restitution owed to the victim exceeds five thousand dollars ($5,000). For purposes of this paragraph, 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.
(d) Except for offenses listed in paragraph (5), (5) of subdivision (c), subdivision (c) shall does not apply to a narcotics and drug offense set forth in Section 1000 of the Penal Code.
(e) The prosecuting attorney shall shall, within their discretionary power power, institute proceedings in accordance with their role as public prosecutor pursuant to subdivision (b) of Section 650 of this code and Section 26500 of the Government Code. However, if it appears to the prosecuting attorney that the affidavit was not properly referred, that the offense for which the minor was referred should be charged as a misdemeanor, or that the minor may benefit from a program of informal supervision, they shall refer the matter to the probation officer for whatever action the probation officer may deem appropriate.
(f) In all matters a matter where the minor is not in custody and is already a ward of the court or a probationer under Section 602, the prosecuting attorney, within five judicial days of receipt of the affidavit from the probation officer, shall institute proceedings in accordance with their role as public prosecutor pursuant to subdivision (b) of Section 650 of this code and Section 26500 of the Government Code, unless it appears to the prosecuting attorney that the affidavit was not properly referred or that the offense for which the minor was referred requires additional substantiating information, in which case they shall immediately notify the probation officer of what further action they are taking.

(g)This section shall become operative on January 1, 1997.

SEC. 5.

 Section 707 of the Welfare and Institutions Code is repealed.
707.

(a)(1)In any case in which a minor is alleged to be a person described in Section 602 by reason of the violation, when the minor was 16 years of age or older, of any offense listed in subdivision (b) or any other felony criminal statute, the district attorney or other appropriate prosecuting officer may make a motion to transfer the minor from juvenile court to a court of criminal jurisdiction. The motion shall be made prior to the attachment of jeopardy. Upon the motion, the juvenile court shall order the probation officer to submit a report on the behavioral patterns and social history of the minor. The report shall include any written or oral statement offered by the victim pursuant to Section 656.2.

(2)In any case in which an individual is alleged to be a person described in Section 602 by reason of the violation, when the individual was 14 or 15 years of age, of any offense listed in subdivision (b), but was not apprehended prior to the end of juvenile court jurisdiction, the district attorney or other appropriate prosecuting officer may make a motion to transfer the individual from juvenile court to a court of criminal jurisdiction. The motion shall be made prior to the attachment of jeopardy. Upon the motion, the juvenile court shall order the probation officer to submit a report on the behavioral patterns and social history of the individual. The report shall include any written or oral statement offered by the victim pursuant to Section 656.2.

(3)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 shall decide whether the minor should be transferred to a court of criminal jurisdiction. In order to find that the minor should be transferred to a court of criminal jurisdiction, the court shall find by clear and convincing evidence that the minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court. In making its decision, the court shall consider the criteria specified in subparagraphs (A) to (E), inclusive. If the court orders a transfer of jurisdiction, the court shall recite the basis for its decision in an order entered upon the minutes, which shall include the reasons supporting the court’s finding that the minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court. 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 transfer hearing, and a plea that has been entered already shall not constitute evidence at the hearing.

(A)(i)The degree of criminal sophistication exhibited by the minor.

(ii)When evaluating the criterion specified in clause (i), the juvenile court shall give weight to any relevant factor, including, but not limited to, the minor’s age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense; the minor’s impetuosity or failure to appreciate risks and consequences of criminal behavior; the effect of familial, adult, or peer pressure on the minor’s actions; the effect of the minor’s family and community environment; the existence of childhood trauma; the minor’s involvement in the child welfare or foster care system; and the status of the minor as a victim of human trafficking, sexual abuse, or sexual battery on the minor’s criminal sophistication.

(B)(i)Whether the minor can be rehabilitated prior to the expiration of the juvenile court’s jurisdiction.

(ii)When evaluating the criterion specified in clause (i), the juvenile court shall give weight to any relevant factor, including, but not limited to, the minor’s potential to grow and mature.

(C)(i)The minor’s previous delinquent history.

(ii)When evaluating the criterion specified in clause (i), the juvenile court shall give weight to any relevant factor, including, but not limited to, the seriousness of the minor’s previous delinquent history and the effect of the minor’s family and community environment and childhood trauma on the minor’s previous delinquent behavior.

(D)(i)Success of previous attempts by the juvenile court to rehabilitate the minor.

(ii)When evaluating the criterion specified in clause (i), the juvenile court shall give weight to any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minor’s needs.

(E)(i)The circumstances and gravity of the offense alleged in the petition to have been committed by the minor.

(ii)When evaluating the criterion specified in clause (i), the juvenile court shall give weight to any relevant factor, including, but not limited to, the actual behavior of the person, the mental state of the person, the person’s degree of involvement in the crime, the level of harm actually caused by the person, and the person’s mental and emotional development.

(iii)When evaluating the criterion specified in clause (i), the court shall consider evidence offered that indicates that the person against whom the minor is accused of committing an offense trafficked, sexually abused, or sexually battered the minor.

(b)This subdivision is applicable to any case in which a minor is alleged to be a person described in Section 602 by reason of the violation 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.

(4)Rape with force, violence, or threat of great bodily harm.

(5)Sodomy by force, violence, duress, menace, or threat of great bodily harm.

(6)A 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)An offense specified in subdivision (a) of Section 289 of the Penal Code.

(9)Kidnapping for ransom.

(10)Kidnapping for purposes 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)An offense described in Section 1203.09 of the Penal Code.

(17)An offense described in Section 12022.5 or 12022.53 of the Penal Code.

(18)A felony offense in which the minor personally used a weapon described in any provision listed in Section 16590 of the Penal Code.

(19)A felony offense described in Section 136.1 or 137 of the Penal Code.

(20)Manufacturing, compounding, or selling one-half ounce or more of a salt or solution of a controlled substance specified in subdivision (e) of Section 11055 of the Health and Safety Code.

(21)A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, which also would 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 a county juvenile hall, home, ranch, camp, or forestry camp in violation of subdivision (b) of Section 871 if 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 for purposes of sexual assault, as punishable in subdivision (b) of Section 209 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 26100 of the Penal Code.

(29)The offense described in Section 18745 of the Penal Code.

(30)Voluntary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code.

SEC. 6.

 Section 707 is added to the Welfare and Institutions Code, to read:

707.
 (a) (1) If a minor is alleged to be a person described in subdivision (a) of Section 602 by reason of the violation, when they were 16 years of age or older, of a 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.
(2) 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 criteria specified in clause (i) of subparagraphs (A) to (E), inclusive:
(A) (i) The degree of criminal sophistication exhibited by the minor.
(ii) When evaluating the criterion specified in clause (i), the juvenile court shall give weight to any relevant factor, including, but not limited to, all of the following, on the minor’s criminal sophistication:
(I) The minor’s age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense.
(II) The minor’s impetuosity or failure to appreciate risks and consequences of criminal behavior.
(III) The effect of familial, adult, or peer pressure on the minor’s actions.
(IV) The effect of the minor’s family and community environment.
(V) The existence of childhood trauma.
(VI) The minor’s involvement in the child welfare or foster care system.
(VII) The status of the minor as a victim of human trafficking, sexual abuse, or sexual battery.
(B) (i) Whether the minor can be rehabilitated prior to the expiration of the juvenile court’s jurisdiction.
(ii) When evaluating the criterion specified in clause (i), the juvenile court shall give weight to any relevant factor, including, but not limited to, the minor’s potential to grow and mature.
(C) (i) The minor’s previous delinquent history.
(ii) When evaluating the criterion specified in clause (i), the juvenile court shall give weight to any relevant factor, including, but not limited to, all of the following, on the minor’s previous delinquent behavior:
(I) The seriousness of the minor’s previous delinquent history.
(II) The effect of the minor’s family and community environment.
(III) The existence of childhood trauma.
(D) (i) Success of previous attempts by the juvenile court to rehabilitate the minor.
(ii) When evaluating the criterion specified in clause (i), the juvenile court shall give weight to any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minor’s needs.
(E) (i) The circumstances and gravity of the offense alleged in the petition to have been committed by the minor.
(ii) When evaluating the criterion specified in clause (i), the juvenile court shall give weight to any relevant factor, including, but not limited to, all of the following:
(I) The actual behavior of the minor.
(II) The mental state of the minor.
(III) The minor’s degree of involvement in the crime.
(IV) The level of harm actually caused by the minor.
(V) The minor’s mental and emotional development.
(iii) When evaluating the criterion specified in clause (i), the court shall consider evidence offered that indicates that the person against whom the minor is accused of committing an offense trafficked, sexually abused, or sexually battered the minor.
(iv) 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 in clause (i) of subparagraphs (A) to (E), inclusive, which shall be recited in the order of unfitness. In a 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 have been entered already shall constitute evidence at the hearing.
(3) (A) This paragraph shall apply to a minor alleged to be a person described in Section 602 by reason of the violation if they have attained 16 years of age, of a felony offense when the minor has been declared to be a ward of the court pursuant to Section 602 on one or more prior occasions if both of the following apply:
(i) The minor has previously been found to have committed two or more felony offenses.
(ii) The offenses upon which the prior petition or petitions were based were committed when the minor had attained 14 years of age.
(B) (i) 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.
(ii) Following submission and consideration of the report, and of any other relevant evidence that 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 the criteria specified in sub-subclause (ia) of subclauses (I) to (V), inclusive:
(I) (ia) The degree of criminal sophistication exhibited by the minor.
(ib) When evaluating the criterion specified in sub-subclause (ia), the juvenile court shall give weight to any relevant factor, including, but not limited to, all of the following, on the minor’s criminal sophistication:
(Ia) The minor’s age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense.
(Ib) The minor’s impetuosity or failure to appreciate risks and consequences of criminal behavior.
(Ic) The effect of familial, adult, or peer pressure on the minor’s actions.
(Id) The effect of the minor’s family and community environment.
(Ie) The existence of childhood trauma.
(II) (ia) Whether the minor can be rehabilitated prior to the expiration of the juvenile court’s jurisdiction.
(ib) When evaluating the criterion specified in sub-subclause (ia), the juvenile court shall give weight to any relevant factor, including, but not limited to, the minor’s potential to grow and mature.
(III) (ia) The minor’s previous delinquent history.
(ib) When evaluating the criterion specified in sub-subclause (ia), the juvenile court shall give weight to any relevant factor, including, but not limited to, all of the following, on the minor’s previous delinquent behavior:
(Ia) The seriousness of the minor’s previous delinquent history.
(Ib) The effect of the minor’s family and community environment.
(Ic) The existence of childhood trauma.
(IV) (ia) Success of previous attempts by the juvenile court to rehabilitate the minor.
(ib) When evaluating the criterion specified in sub-subclause (ia), the juvenile court shall give weight to any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minor’s needs.
(V) (ia) The circumstances and gravity of the offense alleged in the petition to have been committed by the minor.
(ib) When evaluating the criterion specified in sub-subclause (ia), the juvenile court shall give weight to any relevant factor, including, but not limited to, all of the following:
(Ia) The actual behavior of the minor.
(Ib) The mental state of the minor.
(Ic) The minor’s degree of involvement in the crime.
(Id) The level of harm actually caused by the minor.
(Ie) The minor’s mental and emotional development.
(ic) 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 sub-subclause (ia) of subclauses (I) to (V), inclusive, and findings recited in the order as to each of those criteria that the minor is fit and proper under each and every one of those criteria. In making a finding of fitness, the court may consider extenuating and mitigating circumstances in evaluating each of those criteria. In any case in which the 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 have been entered already shall constitute evidence at the hearing. If the minor is found to be a fit and proper subject to be dealt with under the juvenile court law pursuant to this subdivision, the minor shall be committed to placement in a juvenile hall, ranch camp, forestry camp, boot camp, or secure juvenile home pursuant to Section 730, or in an institution operated by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(4) If, pursuant to this subdivision, the minor is found to be not a fit and proper subject for juvenile court treatment and is tried in a court of criminal jurisdiction and found guilty by the trier of fact, the judge may commit the minor to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to the state prison, unless the limitations specified in Section 1732.6 apply.
(b) Subdivision (c) shall be applicable in a case in which a minor is alleged to be a person described in Section 602 by reason of the violation 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.
(4) Rape with force, violence, or threat of great bodily harm.
(5) Sodomy by force, violence, duress, menace, or threat of great bodily harm.
(6) A 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) An offense specified in subdivision (a) of Section 289 of the Penal Code.
(9) Kidnapping for ransom.
(10) Kidnapping for purposes of robbery.
(11) Kidnapping with bodily harm.
(12) Attempted murder.
(13) Assault with a firearm or destructive device.
(14) Assault by means of force likely to produce great bodily injury.
(15) Discharge of a firearm into an inhabited or occupied building.
(16) An offense described in Section 1203.09 of the Penal Code.
(17) An offense described in Section 12022.5 or 12022.53 of the Penal Code.
(18) A felony offense in which the minor personally used a weapon described in any provision listed in Section 16590 of the Penal Code.
(19) A felony offense described in Section 136.1 or 137 of the Penal Code.
(20) Manufacturing, compounding, or selling one-half ounce or more of a salt or solution of a controlled substance specified in subdivision (e) of Section 11055 of the Health and Safety Code.
(21) A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, which also would 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 a county juvenile hall, home, ranch, camp, or forestry camp in violation of subdivision (b) of Section 871 if 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 for purposes of sexual assault, as punishable in subdivision (b) of Section 209 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 26100 of the Penal Code.
(29) The offense described in Section 18745 of the Penal Code.
(30) Voluntary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code.
(c) (1) With regard to a minor alleged to be a person described in Section 602 by reason of the violation, when they were 14 years of age or older, of an offense 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.
(2) Following submission and consideration of the report, and of any other relevant evidence that 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 criteria specified in clause (i) of subparagraphs (A) to (E), inclusive:
(A) (i) The degree of criminal sophistication exhibited by the minor.
(ii) When evaluating the criterion specified in clause (i), the juvenile court shall give weight to any relevant factor, including, but not limited to, all of the following, on the minor’s criminal sophistication:
(I) The minor’s age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense.
(II) The minor’s impetuosity or failure to appreciate risks and consequences of criminal behavior.
(III) The effect of familial, adult, or peer pressure on the minor’s actions.
(IV) The effect of the minor’s family and community environment.
(V) The existence of childhood trauma.
(B) (i) Whether the minor can be rehabilitated prior to the expiration of the juvenile court’s jurisdiction.
(ii) When evaluating the criterion specified in clause (i), the juvenile court shall give weight to any relevant factor, including, but not limited to, the minor’s potential to grow and mature.
(C) (i) The minor’s previous delinquent history.
(ii) When evaluating the criterion specified in clause (i), the juvenile court shall give weight to any relevant factor, including, but not limited to, all of the following, on the minor’s previous delinquent behavior:
(I) The seriousness of the minor’s previous delinquent history.
(II) The effect of the minor’s family and community environment.
(III) The existence of childhood trauma.
(D) (i) Success of previous attempts by the juvenile court to rehabilitate the minor.
(ii) When evaluating the criterion specified in clause (i), the juvenile court shall give weight to any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minor’s needs.
(E) (i) The circumstances and gravity of the offenses alleged in the petition to have been committed by the minor.
(ii) When evaluating the criterion specified in clause (i), the juvenile court shall give weight to any relevant factor, including, but not limited to, all of the following:
(I) The actual behavior of the minor.
(II) The mental state of the minor.
(III) The minor’s degree of involvement in the crime.
(IV) The level of harm actually caused by the minor.
(V) The minor’s mental and emotional development.
(iii) 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 clause (i) of subparagraphs (A) to (E), inclusive, and findings recited in the order as to each of those criteria that the minor is fit and proper under each and every one of those criteria. In making a finding of fitness, the court may consider extenuating or mitigating circumstances in evaluating each of those 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 have been entered already shall constitute evidence at the hearing. If, pursuant to this subdivision, the minor is found to be not a fit and proper subject for juvenile court treatment and is tried in a court of criminal jurisdiction and found guilty by the trier of fact, the judge may commit the minor to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to the state prison, unless the limitations specified in Section 1732.6 apply.
(d) (1) Except as provided in subdivision (b) of Section 602, the district attorney or other appropriate prosecuting officer may file an accusatory pleading in a court of criminal jurisdiction against a minor 16 years of age or older who is accused of committing an offense enumerated in subdivision (b).
(2) Except as provided in subdivision (b) of Section 602, the district attorney or other appropriate prosecuting officer may file an accusatory pleading against a minor 14 years of age or older in a court of criminal jurisdiction in a case in which any one or more of the following circumstances apply:
(A) The minor is alleged to have committed an offense that if committed by an adult would be punishable by death or imprisonment in the state prison for life.
(B) The minor is alleged to have personally used a firearm during the commission or attempted commission of a felony, as described in Section 12022.5 or 12022.53 of the Penal Code.
(C) The minor is alleged to have committed an offense listed in subdivision (b) in which any one or more of the following circumstances apply:
(i) The minor has previously been found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (b).
(ii) The offense was committed for the benefit of, at the direction of, or in association with a criminal street gang, as defined in subdivision (f) of Section 186.22 of the Penal Code, with the specific intent to promote, further, or assist in criminal conduct by gang members.
(iii) The offense was committed for the purpose of intimidating or interfering with any other person’s free exercise or enjoyment of a right secured to them by the Constitution or laws of this state or by the Constitution or laws of the United States and because of the other person’s race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, or because the minor perceives that the other person has one or more of those characteristics, as described in Title 11.6 (commencing with Section 422.55) of Part 1 of the Penal Code.
(iv) The victim of the offense was 65 years of age or older, or blind, deaf, quadriplegic, paraplegic, developmentally disabled, or confined to a wheelchair, and that disability was known or reasonably should have been known to the minor at the time of the commission of the offense.
(3) Except as provided in subdivision (b) of Section 602, the district attorney or other appropriate prosecuting officer may file an accusatory pleading in a court of criminal jurisdiction against a minor 16 years of age or older who is accused of committing one or more of the following offenses, if the minor has previously been found to be a person described in Section 602 by reason of the violation of a felony offense, when they were 14 years of age or older:
(A) A felony offense in which it is alleged that the victim of the offense was 65 years of age or older, or blind, deaf, quadriplegic, paraplegic, developmentally disabled, or confined to a wheelchair, and that disability was known or reasonably should have been known to the minor at the time of the commission of the offense.
(B) A felony offense committed for the purposes of intimidating or interfering with any other person’s free exercise or enjoyment of a right secured to them by the Constitution or laws of this state or by the Constitution or laws of the United States and because of the other person’s race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, or because the minor perceived that the other person had one or more of those characteristics, as described in Title 11.6 (commencing with Section 422.55) of Part 1 of the Penal Code.
(C) The offense was committed for the benefit of, at the direction of, or in association with a criminal street gang as prohibited by Section 186.22 of the Penal Code.
(4) In any case in which the district attorney or other appropriate prosecuting officer has filed an accusatory pleading against a minor in a court of criminal jurisdiction pursuant to this subdivision, the case shall then proceed according to the laws applicable to a criminal case. In conjunction with the preliminary hearing as provided in Section 738 of the Penal Code, the magistrate shall make a finding that reasonable cause exists to believe that the minor comes within this subdivision. If reasonable cause is not established, the criminal court shall transfer the case to the juvenile court having jurisdiction over the matter.
(5) For an offense for which the prosecutor may file the accusatory pleading in a court of criminal jurisdiction pursuant to this subdivision, but elects instead to file a petition in the juvenile court, if the minor is subsequently found to be a person described in subdivision (a) of Section 602, the minor shall be committed to placement in a juvenile hall, ranch camp, forestry camp, boot camp, or secure juvenile home pursuant to Section 730, or in an institution operated by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(6) If, pursuant to this subdivision, the minor is found to be not a fit and proper subject for juvenile court treatment and is tried in a court of criminal jurisdiction and found guilty by the trier of fact, the judge may commit the minor to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to the state prison, unless the limitations specified in Section 1732.6 apply.
(e) A report submitted by a probation officer pursuant to this section regarding the behavioral patterns and social history of the minor being considered for a determination of unfitness shall include any written or oral statement offered by the victim, the victim’s parent or guardian if the victim is a minor, or if the victim has died, the victim’s next of kin, as authorized by subdivision (b) of Section 656.2. Victims’ statements shall be considered by the court to the extent they are relevant to the court’s determination of unfitness.

SEC. 7.

 Section 707.2 of the Welfare and Institutions Code is amended to read:

707.2.
 Notwithstanding a finding made pursuant to paragraph (3) (2) of subdivision (a) of Section 707 that a minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court, if the court, during a transfer hearing pursuant to Section 707, receives evidence that the minor was trafficked, sexually abused, or sexually battered by the alleged victim prior to or during the commission of the alleged offense, the minor shall be retained under the jurisdiction of the juvenile court unless the court finds by clear and convincing evidence that the person against whom the minor is accused of committing an offense did not traffic, sexually abuse, or sexually batter the minor.

SEC. 8.

 Section 727 of the Welfare and Institutions Code is amended to read:

727.
 (a) (1) If a minor or nonminor is adjudged a ward of the court on the ground that the minor or nonminor is a person described by in Section 601 or 602, the court may make any a reasonable orders order for the care, supervision, custody, conduct, maintenance, and support of the minor or nonminor, including medical treatment, subject to further order of the court.
(2) In the discretion of the court, a ward may be ordered to be on probation without supervision of the probation officer. The court, in so ordering, may impose on the ward any and all reasonable conditions condition of behavior as may be appropriate under this disposition. A minor or nonminor who has been adjudged a ward of the court on the basis of the commission of any of the offenses an offense described in subdivision (b) or paragraph (2) of subdivision (d) of Section 707, Section 459 of the Penal Code, or subdivision (a) of Section 11350 of the Health and Safety Code, shall not be Code is not eligible for probation without supervision of the probation officer. A minor or nonminor who has been adjudged a ward of the court on the basis of the commission of an offense involving the sale or possession for sale of a controlled substance, except misdemeanor offenses involving marijuana, as specified in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, or of an offense in violation of Section 32625 of the Penal Code, shall be Code is eligible for probation without supervision of the probation officer only if the court determines that the interests of justice would best be served and states reasons on the record for that determination.
(3) In all other cases, the court shall order the care, custody, and control of the minor or nonminor to be under the supervision of the probation officer.
(4) It is the responsibility, pursuant to Section 672(a)(2)(B) of Title 42 of the United States Code, of the probation agency to determine the appropriate placement for the ward once the court issues a placement order. In determination of the appropriate placement for the ward, the probation officer shall consider any recommendations of the child and family. In an Indian child custody proceeding proceeding, as defined in subdivision (d) of Section 224.1, the provisions of Section 361.31 shall apply. The probation agency may place the minor or nonminor in any of the following:
(A) The approved home of a relative or the approved home of a nonrelative, nonrelative extended family member member, as defined in Section 362.7, or, in an Indian child custody proceeding, an extended family member as defined in paragraph (1) of subdivision (c) of Section 224.1. If a decision has been made to place the minor in the home of a relative, the court may authorize the relative to give legal consent for the minor’s medical, surgical, and dental care and education as if the relative caregiver were the custodial parent of the minor.
(B) A foster home, the approved home of a resource family family, as defined in Section 16519.5, a tribally approved home home, as described by subdivision (r) of Section 224.1 and Section 10553.12, or a home or facility as described in Section 361.31 and Section 105 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1915).
(C) A suitable licensed community care facility, as identified by the probation officer, except a youth homelessness prevention center licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code.
(D) A foster family agency, as defined in subdivision (g) of Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, in a suitable certified family home or with a resource family.
(E) A minor or nonminor dependent may be placed in a group home vendored by a regional center pursuant to Section 56004 of Title 17 of the California Code of Regulations or a short-term residential therapeutic program, as defined in subdivision (ad) of Section 11400 and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code. The placing agency shall also comply with requirements set forth in paragraph (9) of subdivision (e) of Section 361.2, that which includes, but is not limited to, authorization, limitation on length of stay, extensions, and additional requirements related to minors. For youth 13 years of age or older, the chief probation officer of the county probation department, or their designee, shall approve the placement if it is longer than 12 months, months and no less frequently than every 12 months thereafter.
(F) (i) A minor adjudged a ward of the juvenile court shall be entitled to participate in age-appropriate extracurricular, enrichment, and social activities. A state or local regulation or policy shall not prevent, or create barriers to, participation in those activities. Each state and local entity shall ensure that private agencies that provide foster care services to wards have policies consistent with this section and that those agencies promote and protect the ability of wards to participate in age-appropriate extracurricular, enrichment, and social activities. A short-term residential therapeutic program or a group home administrator, a facility manager, or their responsible designee, and a caregiver, as defined in paragraph (1) of subdivision (a) of Section 362.04, shall use a reasonable and prudent parent standard, as defined in paragraph (2) of subdivision (a) of Section 362.04, in determining whether to give permission for a minor residing in foster care to participate in extracurricular, enrichment, and social activities. A short-term residential therapeutic program or a group home administrator, a facility manager, or their responsible designee, and a caregiver shall take reasonable steps to determine the appropriateness of the activity taking into consideration the minor’s age, maturity, and developmental level. For every minor placed in a setting described in subparagraphs (A) through (E), inclusive, age-appropriate extracurricular, enrichment, and social activities shall include access to computer technology and the internet.
(ii) A short-term residential therapeutic program or a group home administrator, facility manager, or their responsible designee, is encouraged to consult with social work or treatment staff members who are most familiar with the minor at the group home or short-term residential therapeutic program in applying and using the reasonable and prudent parent standard.
(G) For nonminors, an approved supervised independent living setting, as defined in Section 11400, including a residential housing unit certified by a licensed transitional housing placement provider.
(5) The minor or nonminor shall be released from juvenile detention upon an order being entered under paragraph (3), (3) unless the court determines that a delay in the release from detention is reasonable pursuant to Section 737.
(b) (1) To facilitate coordination and cooperation among agencies, the court may, at any time after a petition has been filed, after giving notice and an opportunity to be heard, join in the juvenile court proceedings any an agency that the court determines has failed to meet a legal obligation to provide services to a minor, for whom a petition has been filed under Section 601 or 602, to a nonminor, as described in Section 303, or to a nonminor dependent, as defined in subdivision (v) of Section 11400. In any a proceeding in which an agency is joined, the court shall not impose duties upon the agency beyond those mandated by law. The purpose of joinder under this section is to ensure the delivery and coordination of legally mandated services to the minor. The joinder shall not be maintained for any other purpose. Nothing in this section shall prohibit agencies that have This section does not prohibit an agency that has received notice of the hearing on joinder from meeting prior to the hearing to coordinate services.
(2) The court has no authority to order services unless it has been determined through the administrative process of an agency that has been joined as a party, that the minor, nonminor, or nonminor dependent is eligible for those services. With respect to mental health assessment, treatment, and case management services pursuant to an individualized education program developed pursuant to Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code, the court’s determination shall be limited to whether the agency has complied with that chapter.
(3) For the purposes of this subdivision, “agency” means any governmental agency or any private service provider or individual that receives federal, state, or local governmental funding or reimbursement for providing services directly to a child, nonminor, or nonminor dependent.
(c) If a minor has been adjudged a ward of the court on the ground that the minor is a person described in Section 601 or 602, and the court finds that notice has been given in accordance with Section 661, and if the court orders that a parent or guardian shall to retain custody of that minor either subject to or without the supervision of the probation officer, the parent or guardian may be required to participate with that 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.
(d) (1) The juvenile court may direct any reasonable orders to the parents and guardians of the minor who is the subject of any proceedings a proceeding under this chapter as the court deems necessary and proper to carry out subdivisions (a), (b), and (c), including orders to appear before a county financial evaluation officer, to ensure the minor’s regular school attendance, and to make reasonable efforts to obtain appropriate educational services necessary to meet the needs of the minor.
(2) If counseling or other treatment services are ordered for the minor, the parent, guardian, or foster parent shall be ordered to participate in those services, unless participation by the parent, guardian, or foster parent is deemed by the court to be inappropriate or potentially detrimental to the minor.
(e) The court may, after receipt of relevant testimony and other evidence from the parties, affirm or reject the placement determination. If the court rejects the placement determination, the court may instruct the probation department to determine an alternative placement for the ward, or the court may modify the placement order to an alternative placement recommended by a party to the case after the court has received the probation department’s assessment of that recommendation and other relevant evidence from the parties.

SEC. 9.

 Section 828.1 of the Welfare and Institutions Code is amended to read:

828.1.
 (a) While the Legislature reaffirms its belief that juvenile criminal records, in general, should be confidential, it is the intent of the Legislature in enacting this section to provide for a limited exception to that confidentiality in cases involving serious acts of violence. Further, it is the intent of the Legislature that even in these selected cases the dissemination of juvenile criminal records be as limited as possible, consistent with the need to work with a student in an appropriate fashion, and the need to protect potentially vulnerable school staff and other students over whom the school staff exercises direct supervision and responsibility.
(b) Notwithstanding subdivision (a) of Section 828, a school district police or security department may provide written notice to the superintendent of the school district that a minor enrolled in a public school maintained by that school district, in kindergarten or any of grades 1 to 12, inclusive, has been found by a court of competent jurisdiction to have illegally used, sold, or possessed a controlled substance substance, as defined in Section 11007 of the Health and Safety Code Code, or to have committed any a crime listed in paragraphs (1) to (15), inclusive, or paragraphs (17) to (19), inclusive, or paragraphs (25) to (28), inclusive, of subdivision (b) of, or in paragraph (2) of subdivision (d) of, or subdivision (e) of, of Section 707. The information may be expeditiously transmitted to any a teacher, counselor, or administrator with direct supervisorial or disciplinary responsibility over the minor, who the superintendent or his or her their designee, after consultation with the principal at the school of attendance, believes needs this information to work with the student in an appropriate fashion, to avoid being needlessly vulnerable or to protect other persons from needless vulnerability.
(c) Any information Information received by a teacher, counselor, or administrator pursuant to this section shall be received in confidence for the limited purpose for which it was provided and shall not be further disseminated by the teacher, counselor, or administrator. An intentional violation of the confidentiality provisions of this section is a misdemeanor, punishable by a fine not to exceed five hundred dollars ($500).

SEC. 10.

 Section 1753.3 of the Welfare and Institutions Code is amended to read:

1753.3.
 (a) The Director of the Youth Authority may enter into an agreement with a city, county, or city and county, county to permit transfer of wards a ward in the custody of the Director of the Youth Authority to an appropriate facility of the city, county, or city and county, county if the official having jurisdiction over the facility has consented. The agreement shall provide for contributions to the city, county, or city and county toward payment of costs incurred with reference to the transferred wards. ward.
(b) When If an agreement entered into pursuant to subdivision (a) is in effect with respect to a particular local facility, the Director of the Youth Authority may transfer wards and parole violators to the facility.
(c) Notwithstanding subdivision (b), the Director of the Youth Authority may deny placement in a local facility to a parole violator who was committed to the Youth Authority for the commission of any an offense set forth in subdivision (b), paragraph (2) of subdivision (d), or subdivision (e) (b) of Section 707.
(d) Wards A ward transferred to those facilities are is subject to the rules and regulations of the facility in which they are confined, but remain confined but remains under the legal custody of the Department of the Youth Authority.

SEC. 11.

 Section 1767.1 of the Welfare and Institutions Code is amended to read:

1767.1.
 (a) At least 30 days before the Youth Authority Board meets to review or consider the parole of any a person who has been committed to the control of the Department of the Youth Authority for the commission of any an offense described in subdivision (b), paragraph (2) of subdivision (d), or subdivision (e) (b) of Section 707, or for the commission of an offense in violation of paragraph (2) of subdivision (a) of Section 262 or paragraph (3) of subdivision (a) of Section 261 of the Penal Code, the board shall send written notice of the hearing to each of the following persons: the
(1) The judge of the court that committed the person to the authority, the authority.
(2) The attorney for the person, the person.
(3) The district attorney of the county from which the person was committed, the committed.
(4) The law enforcement agency that investigated the case, and the case.
(5) The victim pursuant to Section 1767. The
(b) The board shall also send a progress report regarding the ward to the judge of the court that committed the person at the same time it sends the written notice to the judge. Each of the persons so notified shall have
(c) A person notified pursuant to this section has the right to submit a written statement to the board at least 10 days prior to the decision for the board’s consideration. Nothing in this subdivision shall be construed to permit any person so notified This subdivision does not permit a person who received notice pursuant to this section to attend the hearing. With respect to the parole of any a person over the age of 18 years, the presiding officer of the board shall state findings and supporting reasons for the decision of the board. The findings and reasons shall be reduced to writing, writing and shall be made available for inspection by members of the public no later than 30 days from the date of the decision.

SEC. 12.

 Section 6608.5 of the Welfare and Institutions Code is amended to read:

6608.5.
 (a) After a judicial determination that a person would not be a danger to the health and safety of others in that it is not likely that the person will engage in sexually violent criminal behavior due to the person’s diagnosed mental disorder while under supervision and treatment in the community, a person who is conditionally released pursuant to this article shall be placed in the their county of domicile of the person prior to the person’s incarceration, prior to their incarceration unless both of the following conditions are satisfied:
(1) The court finds that extraordinary circumstances require placement outside the county of domicile as set forth in Section 6608.6.
(2) The designated county of placement was given prior notice and an opportunity to comment on the proposed placement of the committed person in the county, county according to procedures set forth in Section 6609.1.
(b) (1) For the purposes of this section, “county of domicile” means the county where the person has their true, fixed, and permanent home and principal residence and to which the person has manifested the intention of returning whenever the person is absent. For the purposes of determining the county of domicile, the court shall consider information found on a California driver’s license, California identification card, recent rent or utility receipt, printed personalized checks or other recent banking documents showing that person’s name and address, or information contained in an arrest record, probation officer’s report, trial transcript, or other court document. If no information can be identified or verified, the county of domicile of the individual shall be considered to be the county in which the person was arrested for the crime for which the person was last incarcerated in the state prison or from which the person was last returned from parole.
(2) In a case where If the person committed a crime while being held for treatment in a state hospital, or while being confined in a state prison or local jail facility, the county wherein in which that facility was located shall not be considered the county of domicile unless the person resided in that county prior to being housed in the hospital, prison, or jail.
(c) For the purposes of this section, “extraordinary circumstances” means circumstances that would inordinately limit the department’s ability to effect conditional release of the person in the county of domicile in accordance with Section 6608 or any other provision of this article, article and the procedures described in Sections 1605 to 1610, inclusive, of the Penal Code.
(d) (1) The counsel for the committed individual; the sheriff or the chief of police of the locality for placement, the county counsel, and the district attorney from the county of domicile; and the sheriff or the chief of police of, and the county counsel and the district attorney of, an alternative placement locality where a potential placement location has been identified and is being considered by the department for potential recommendation to the court for placement of the individual; or their designees, shall provide assistance and consultation in the department’s process of locating and securing housing within the county for persons committed as sexually violent predators who are about to be conditionally released under Section 6608. Upon notification by the department of a person’s potential or expected conditional release under Section 6608, the counsel for the committed individual; the sheriff or the chief of police of the locality for placement, the county counsel, and the district attorney of the county of domicile; and the sheriff or chief of police of, and the county counsel and district attorney of, an alternative placement locality; or their designees, shall provide appropriate contact information for their respective office to the department, department at least 60 days before the date of the potential or expected release.
(2) The department shall convene a committee with the participants listed in paragraph (1) for the purpose of obtaining relevant assistance and consultation information in order to secure suitable housing for the person to be conditionally released. Notwithstanding the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), these committee meetings may be held by teleconference as long as the public is afforded teleconference access to the public portion of the committee meetings.
(3) The court may order a status conference to evaluate the department’s progress in locating and securing housing and in obtaining relevant assistance and consultation information from the participants listed in paragraph (1). The court may sanction any of the participants listed in paragraph (1) for failure to appear at the status conference unless the participant shows good cause for their failure to appear.
(4) This subdivision does not require the participants listed in paragraph (1) to perform a housing site assessment.
(e) In recommending a specific placement for community outpatient treatment, the department or its designee shall consider all of the following:
(1) The concerns and proximity of the victim or the victim’s next of kin.
(2) The age and profile of the victim or victims in the sexually violent offenses committed by the person subject to placement. For purposes of this subdivision, the “profile” profile of a victim includes, but is not limited to, gender, physical appearance, economic background, profession, and other social or personal characteristics.
(f) Notwithstanding any other law, a person released under this section shall not be placed within one-quarter mile of any a public or private school providing instruction in kindergarten or any of grades 1 to 12, inclusive, if either of the following conditions exist:
(1) The person has previously been convicted of a violation of Section 288.5 of, of the Penal Code or subdivision (a) or (b), (b) of, or paragraph (1) of subdivision (c) of of, Section 288 of, of the Penal Code.
(2) The court finds that the person has a history of improper sexual conduct with children.
(g) (1) Except as provided in paragraph (2), if the committed person is ordered to be conditionally released in a county other than the county of commitment due to extraordinary circumstances pursuant to Section 6608.6, the court shall order that jurisdiction of the person and all records related to the case be transferred to the court of the county of placement. Upon transfer of jurisdiction to the county of placement, the designated attorney of the county of placement shall represent the state in all further proceedings.
(2) The designated attorney of the county of commitment shall serve written notice upon the designated attorney for the county of placement within 15 court days of an order to place a committed person in the county of placement. The designated attorney of the county of placement may file an affidavit with the court in the county of commitment objecting to the transfer of jurisdiction within 15 court days after receiving the notice. If the affidavit objecting to the transfer of jurisdiction is timely filed, the court shall not transfer jurisdiction. If an affidavit objecting to the transfer of jurisdiction is not timely filed, paragraph (1) shall apply.
(3) For the purpose of this section, “county of placement” means the county where the court orders the committed person to be placed for conditional release.
(4) For the purpose of this section, “designated attorney of the county of placement” means the attorney designated in subdivision (l) (i) of Section 6601 in the county of placement.
(5) This section shall not be construed to does not negate or in any way affect the decision of the court of the county of commitment to conditionally release the committed person in the county of placement.
(h) Notwithstanding any other law, a person released under this section shall not be placed within an area zoned for residential use in the general plan of a city or county.

SEC. 13.

 Section 6609.4 is added to the Welfare and Institutions Code, to read:

6609.4.
 (a) The State Department of State Hospitals shall ensure that department vendors consider public safety in the placement of a sexually violent predator conditionally released pursuant to this article.
(b) (1) The State Department of State Hospitals shall approve a potential placement before a department employee or vendor proposes a potential placement to a court, including signing a lease or rental agreement regarding the placement of a sexually violent predator who is scheduled to be conditionally released into the community.
(2) This subdivision does not prohibit the placement of a financial hold on a residence for purposes of assessing suitability and public safety considerations for the prospective placement of a person committed as a sexually violent predator.

SEC. 14.

 (a) Sections 2, 3, 5, and 6 of this act repeal provisions enacted under Proposition 21, an initiative statute approved by the voters at the March 7, 2000, primary election, and Proposition 57, an initiative statute approved by the voters at the November 8, 2016, general election, and shall become effective only if submitted to, and approved by, the voters at a statewide election.
(b) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code, or any other law, the Secretary of State shall submit Sections 2, 3, 5, and 6 of this act to the voters for their approval at the June 2, 2026, statewide primary election.
SECTION 1.

It is the intent of the Legislature to enact legislation to prohibit the early release of inmates by repealing provisions of Proposition 57 and the placement of sexually violent predators in residential communities.