Section § 1990

Explanation

This section establishes the Juvenile Justice Realignment Block Grant program, which is designed to help counties manage the custody and care of young people who used to be assigned to the state's Division of Juvenile Justice before it closed.

The program targets youth who could have been committed to the Division of Juvenile Justice and covers those who are considered wards of the juvenile court due to serious offenses as specified in certain sections of the law.

(a)CA Welfare and Institutions Code § 1990(a) The Juvenile Justice Realignment Block Grant program is hereby established for the purpose of providing county based custody, care, and supervision of youth who are realigned from the state Division of Juvenile Justice or who were otherwise eligible for commitment to the Division of Juvenile Justice prior to its closure.
(b)CA Welfare and Institutions Code § 1990(b) The realignment target population for the grant program shall be defined as youth who were eligible for commitment to the Division of Juvenile Justice prior to its closure, and shall further be defined as persons who are adjudicated to be a ward of the juvenile court based on an offense described in subdivision (b) of Section 707 or on offense described in Section 290.008 of the Penal Code.

Section § 1991

Explanation

This California law section focuses on county allocations for rehabilitation and supervision services for juvenile offenders. Counties receive state funding to support services for youth in the juvenile justice system, with specific conditions on how these funds are distributed and used. The funding is allocated based on historical data about juvenile offenses and population statistics. Counties can't fund juvenile facilities if they were unsuitable or unlawfully used in the past year unless issues have been corrected. The law sets out the amount of funding and distribution formulas for each fiscal year from 2021 to 2029, including increases for small allocations. Adjustments are made annually based on growth in juvenile justice finances. The Department of Finance coordinates these allocations, ensuring counties receive their funds timely according to a specified schedule.

(a)CA Welfare and Institutions Code § 1991(a) There shall be an allocation to the county for use by the county to provide appropriate rehabilitative housing and supervision services for the population specified in subdivision (b) of Section 1990. In making allocations, the county board of supervisors shall consider the plan required in Section 1995. Any entity receiving a direct allocation of funding from the county board of supervisors under this section for any secure residential placement for court-ordered detention will be subject to and shall comply with existing law and regulations, including, but not limited to, Section 209. A county board of supervisors shall not allocate funding to any juvenile hall, camp, ranch, or secure youth treatment facility that is, or at any time during the prior fiscal year was, unsuitable and used for the confinement of youth on any day when the facility was prohibited by law from being used for the confinement of youth pursuant to Section 209. A county board of supervisors may withhold funding from any entity that is, or at any time during the prior fiscal year was, operating an unsuitable juvenile hall, camp, ranch, or secure youth treatment facility and is confining or did confine one or more youth in the unsuitable facility on any day when the facility was prohibited by law from being used for confinement of youth pursuant to Section 209. This section does not preclude a county board of supervisors from allocating funding to an entity if either the entity ceases confining youth in an unsuitable facility, or the unsuitable facility, after reinspection, is found to have remedied the conditions that rendered the facility unsuitable and is found to be a suitable place for confinement of youth. With the exception of county probation departments, a local public agency that has primary responsibility for prosecuting or making arrests or detentions shall not provide rehabilitative and supervision services for the population specified in subdivision (b) of Section 1990 or receive funding pursuant to this section:
(1)CA Welfare and Institutions Code § 1991(a)(1) For the 2021–22 fiscal year, thirty-nine million nine hundred forty-nine thousand dollars ($39,949,000) shall be appropriated from the General Fund to provide appropriate rehabilitative and supervision services for the population specified in subdivision (b) of Section 1990 based on a projected average daily population of 177.6 wards. The by-county distribution shall be based on 30 percent of the per-county percentage of the average number of wards committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, as of December 31, 2018, June 30, 2019, and December 31, 2019, 50 percent of the by-county distribution of juveniles adjudicated for certain violent and serious felony crime categories per 2018 Juvenile Court and Probation Statistical System data, updated annually based on the most recently available data, and 20 percent of the by-county distribution of all individuals between 10 and 17 years of age, inclusive, from the preceding calendar year.
(2)CA Welfare and Institutions Code § 1991(a)(2) For the 2022–23 fiscal year, one hundred eighteen million three hundred thirty-nine thousand dollars ($118,339,000) shall be appropriated from the General Fund to provide appropriate rehabilitative and supervision services for the population specified in subdivision (b) of Section 1990. The by-county distribution is based on the per-county percentage referenced in paragraph (1) of subdivision (a) and a projected average daily population of 526 wards.
(3)CA Welfare and Institutions Code § 1991(a)(3) For the 2023–24 fiscal year, one hundred ninety-two million thirty-seven thousand dollars ($192,037,000) shall be appropriated from the General Fund to provide appropriate rehabilitative and supervision services for the population specified in subdivision (b) of Section 1990. The by-county distribution is based on the per-county percentage referenced in paragraph (1) of subdivision (a) and a projected average daily population of 853.5 wards.
(4)CA Welfare and Institutions Code § 1991(a)(4) For the 2024–25 fiscal year, two hundred eight million eight hundred thousand dollars ($208,800,000) shall be appropriated from the General Fund to provide appropriate rehabilitative and supervision services for the population specified in subdivision (b) of Section 1990. The by-county distribution is based on the per-county percentage referenced in paragraph (1) of subdivision (a) and a projected average daily population of 928 wards.
(5)CA Welfare and Institutions Code § 1991(a)(5) For the 2025–26 fiscal year, two hundred eight million eight hundred thousand dollars ($208,800,000) shall be appropriated from the General Fund to provide appropriate rehabilitative and supervision services for the population specified in subdivision (b) of Section 1990. The by-county distribution is based on the per-county percentage referenced in paragraph (1) and a projected average daily population of 928 wards.
(6)CA Welfare and Institutions Code § 1991(a)(6) For the 2026–27 fiscal year, two hundred eight million eight hundred thousand dollars ($208,800,000) shall be appropriated from the General Fund to provide appropriate rehabilitative and supervision services for the population specified in subdivision (b) of Section 1990 and the by-county distribution shall be based on the following:
(A)CA Welfare and Institutions Code § 1991(a)(6)(A) Twenty-five percent of the per-county percentage of the total number of wards adjudicated for an offense listed in subdivision (b) of Section 707, per county data submissions to the Office of Youth and Community Restoration pursuant to paragraph (2) of subdivision (g) of Section 2200, from the preceding calendar year.
(B)CA Welfare and Institutions Code § 1991(a)(6)(B) Twenty percent of the per-county percentage of the total number of wards adjudicated for an offense listed in subdivision (b) of Section 707 who were not committed to a secure youth treatment facility, per county data submissions to the Office of Youth and Community Restoration pursuant to paragraph (2) of subdivision (g) of Section 2200, from the preceding calendar year.
(C)CA Welfare and Institutions Code § 1991(a)(6)(C) Thirty-five percent of the per-county percentage of all individuals between 10 and 17 years of age, inclusive, from the preceding calendar year.
(D)CA Welfare and Institutions Code § 1991(a)(6)(D) Twenty percent of the per-county percentage of the total number of wards adjudicated for an offense listed in subdivision (b) of Section 707 who were committed to a secure youth treatment facility and then transferred to a less restrictive program, per county data submissions to the Office of Youth and Community Restoration pursuant to paragraph (2) of subdivision (g) of Section 2200.
(7)CA Welfare and Institutions Code § 1991(a)(7) For the 2027–28 fiscal year, two hundred eight million eight hundred thousand dollars ($208,800,000) shall be appropriated from the General Fund to provide appropriate rehabilitative and supervision services for the population specified in subdivision (b) of Section 1990 and the by-county distribution shall be based on the following:
(A)CA Welfare and Institutions Code § 1991(a)(7)(A) Twenty percent of the per-county percentage of the total number of wards adjudicated for an offense listed in subdivision (b) of Section 707, per county data submissions to the Office of Youth and Community Restoration pursuant to paragraph (2) of subdivision (g) of Section 2200, from the preceding calendar year.
(B)CA Welfare and Institutions Code § 1991(a)(7)(B) Twenty percent of the per-county percentage of the total number of wards adjudicated for an offense listed in subdivision (b) of Section 707 who were not committed to a secure youth treatment facility, per county data submissions to the Office of Youth and Community Restoration pursuant to paragraph (2) of subdivision (g) of Section 2200, from the preceding calendar year.
(C)CA Welfare and Institutions Code § 1991(a)(7)(C) Thirty-five percent of the per-county percentage of all individuals between 10 and 17 years of age, inclusive, from the preceding calendar year.
(D)CA Welfare and Institutions Code § 1991(a)(7)(D) Ten percent of the per-county percentage of the total number of wards adjudicated for an offense listed in subdivision (b) of Section 707 who were committed to a secure youth treatment facility and then transferred to a less restrictive program, per county data submissions to the Office of Youth and Community Restoration pursuant to paragraph (2) of subdivision (g) of Section 2200.
(E)CA Welfare and Institutions Code § 1991(a)(7)(E) Fifteen percent of the per-county percentage of the total number of wards adjudicated for an offense listed in subdivision (b) of Section 707 who were committed to a secure youth treatment facility and then transferred to a less restrictive program that is not in a facility regulated by Subchapter 5 (commencing with Section 1300) of Chapter 1 of Division 1 of Title 15 of the California Code of Regulations, per county data submissions to the Office of Youth and Community Restoration pursuant to paragraph (2) of subdivision (g) of Section 2200.
(8)CA Welfare and Institutions Code § 1991(a)(8) For the 2028–29 fiscal year and ongoing, two hundred eight million eight hundred thousand dollars ($208,800,000) shall be appropriated from the General Fund to provide appropriate rehabilitative and supervision services for the population specified in subdivision (b) of Section 1990 and the by-county distribution shall be based on the following:
(A)CA Welfare and Institutions Code § 1991(a)(8)(A) Twenty percent of the per-county percentage of the total number of wards adjudicated for an offense listed in subdivision (b) of Section 707, per county data submissions to the Office of Youth and Community Restoration pursuant to paragraph (2) of subdivision (g) of Section 2200, from the preceding calendar year.
(B)CA Welfare and Institutions Code § 1991(a)(8)(B) Twenty percent of the per-county percentage of the total number of wards adjudicated for an offense listed in subdivision (b) of Section 707 who were not committed to a secure youth treatment facility, per county data submissions to the Office of Youth and Community Restoration pursuant to paragraph (2) of subdivision (g) of Section 2200, from the preceding calendar year.
(C)CA Welfare and Institutions Code § 1991(a)(8)(C) Thirty-five percent of the per-county percentage of all individuals between 10 and 17 years of age, inclusive, from the preceding calendar year.
(D)CA Welfare and Institutions Code § 1991(a)(8)(D) Five percent of the per-county percentage of the total number of wards adjudicated for an offense listed in subdivision (b) of Section 707 who were committed to a secure youth treatment facility and then transferred to a less restrictive program, per county data submissions to the Office of Youth and Community Restoration pursuant to paragraph (2) of subdivision (g) of Section 2200.
(E)CA Welfare and Institutions Code § 1991(a)(8)(E) Twenty percent of the per-county percentage of the total number of wards adjudicated for an offense listed in subdivision (b) of Section 707 who were committed to a secure youth treatment facility and then transferred to a less restrictive program that is not in a facility regulated by Subchapter 5 (commencing with Section 1300) of Chapter 1 of Division 1 of Title 15 of the California Code of Regulations, per county data submissions to the Office of Youth and Community Restoration pursuant to paragraph (2) of subdivision (g) of Section 2200.
(9)CA Welfare and Institutions Code § 1991(a)(9) By January 10, 2030, the Office of Youth and Community Restoration shall review the formula described in this section and report to the Legislature with an assessment of the formula’s efficacy in meeting the Legislature’s intent to implement public health approaches to support positive youth development and outcomes, build the capacity of a continuum of community-based approaches, and reduce recidivism. This assessment may be included in the annual report required pursuant to paragraph (5) of subdivision (c) of Section 2200.
(10)CA Welfare and Institutions Code § 1991(a)(10) The Department of Finance shall increase to no more than two hundred fifty thousand dollars ($250,000) the award amount for any county whose allocation as calculated pursuant to paragraphs (1), (2), (3), (4), (5), (6), (7), and (8) totals less than two hundred fifty thousand dollars ($250,000). The appropriation in paragraphs (1), (2), (3), (4), (5), (6), (7), and (8) shall be increased by the amounts needed to bring each county’s allocation to two hundred fifty thousand dollars ($250,000).
(b)CA Welfare and Institutions Code § 1991(b) Commencing with the 2024–25 fiscal year, the allocations determined by paragraphs (4), (5), (6), (7), (8), and (10) of subdivision (a) shall be adjusted annually by a rate commensurate with any applicable growth in the Juvenile Justice Growth Special Account in the prior fiscal year. Each year, this growth shall become additive to the next year’s base allocation. Any applicable growth amounts pursuant to this subdivision shall be allocated based on a schedule provided by the Department of Finance, as described in subdivision (c), to the Controller consistent with the timelines for other 2011 Public Safety Realignment growth allocations.
(c)CA Welfare and Institutions Code § 1991(c) By July 1, 2021, and by July 31 annually thereafter, the Department of Finance shall allocate the amount calculated in paragraphs (1), (2), (3), (4), (5), (6), (7), (8), and (10) of subdivision (a) from the General Fund and provide a schedule for the allocation of funds among counties to the Controller. The controller shall allocate these funds no later than August 31 each year, consistent with the schedule provided by the Department of Finance.

Section § 1995

Explanation

This California law requires counties, to receive specific funding, to create a subcommittee within the juvenile justice coordinating council. This subcommittee, led by the chief probation officer and diverse representatives from key community and legal agencies, is tasked with developing a comprehensive plan for the rehabilitation and supervision of certain juvenile populations.

The plan must detail the target population, facilities, programs, and services offered, and demonstrate how funds are used to address needs like mental health and family engagement. It must also ensure safe housing for juveniles, encourage keeping them in the juvenile system, and outline regional cooperation agreements. Counties must gather data on outcomes and expenditures related to these efforts.

To maintain funding, the plan should be reviewed regularly, updated annually, and submitted to the Office of Youth and Community Restoration, which oversees the process without delaying fund allocation.

(a)CA Welfare and Institutions Code § 1995(a) To be eligible for funding described in Section 1991, a county shall create a subcommittee of the multiagency juvenile justice coordinating council, as described in Section 749.22, to develop a plan describing the facilities, programs, placements, services, supervision and reentry strategies that are needed to provide appropriate rehabilitation and supervision services for the population described in subdivision (b) of Section 1990.
(b)CA Welfare and Institutions Code § 1995(b) The subcommittee shall be composed of the chief probation officer, as chair or cochair, and one representative each from the district attorney’s office, the public defender’s office, the department of social services, the department of mental health, the county office of education or a school district, and a representative from the court. The subcommittee shall also include no fewer than three community members who shall be defined as individuals who have experience providing community-based youth services, youth justice advocates with expertise and knowledge of the juvenile justice system, or have been directly involved in the juvenile justice system. Any member may be selected as cochair of the subcommittee using a process determined by the subcommittee.
(c)CA Welfare and Institutions Code § 1995(c) The plan described in subdivision (a) shall be developed with review and participation of the subcommittee community members as defined in subdivision (b) and shall be approved by a majority of the subcommittee.
(d)CA Welfare and Institutions Code § 1995(d) The plan described in subdivision (a) shall include all of the following elements:
(1)CA Welfare and Institutions Code § 1995(d)(1) A description of the realignment target population in the county that is to be supported or served by allocations from the block grant program, including the numbers of youth served, disaggregated by factors including their ages, offense and offense histories, gender, race or ethnicity, and other characteristics, and by the programs, placements, or facilities to which they are referred.
(2)CA Welfare and Institutions Code § 1995(d)(2) A description of the facilities, programs, placements, services and service providers, supervision, and other responses that will be provided to the target population.
(3)CA Welfare and Institutions Code § 1995(d)(3) A description of how grant funds will be applied to address each of the following areas of need or development for realigned youth:
(A)CA Welfare and Institutions Code § 1995(d)(3)(A) Mental health, sex offender treatment, or related behavioral or trauma-based needs.
(B)CA Welfare and Institutions Code § 1995(d)(3)(B) Support programs or services that promote healthy adolescent development.
(C)CA Welfare and Institutions Code § 1995(d)(3)(C) Family engagement in programs.
(D)CA Welfare and Institutions Code § 1995(d)(3)(D) Reentry, including planning and linkages to support employment, housing, and continuing education.
(E)CA Welfare and Institutions Code § 1995(d)(3)(E) Evidence-based, promising, trauma-informed, and culturally responsive practices.
(F)CA Welfare and Institutions Code § 1995(d)(3)(F) Whether and how the plan will include services or programs for realigned youth that are provided by nongovernmental or community-based providers.
(4)CA Welfare and Institutions Code § 1995(d)(4) A detailed facility plan indicating which facilities will be used to house or confine realigned youth at varying levels of offense severity and treatment need, and improvements to accommodate long-term commitments. This shall include a description of less restrictive programs used by the county, including whether the programs are in a facility regulated by Subchapter 5 (commencing with Section 1300) of Chapter 1 of Division 1 of Title 15 of the California Code of Regulations. This element of the plan shall also include information on how the facilities will ensure the safety and protection of youth having different ages, genders, special needs, and other relevant characteristics.
(5)CA Welfare and Institutions Code § 1995(d)(5) A description of how the plan will incentivize or facilitate the retention of realigned youth within the jurisdiction and rehabilitative foundation of the juvenile justice system in lieu of transfers of realigned youth into the adult criminal justice system.
(6)CA Welfare and Institutions Code § 1995(d)(6) A description of any regional agreements or arrangements to be supported by the block grant allocation pursuant to this chapter.
(7)CA Welfare and Institutions Code § 1995(d)(7) A description of how data will be collected on the youth served and outcomes for youth served by the block grant program, including a description the outcome measures that will be utilized to measure or determine the results of programs and interventions supported by block grant funds.
(8)CA Welfare and Institutions Code § 1995(d)(8) A description of progress made regarding any elements described in this subdivision and any objectives and outcomes set forth in the plan submitted to the Office of Youth and Community Restoration the previous calendar year.
(9)CA Welfare and Institutions Code § 1995(d)(9) A summary of expenditures from the prior fiscal year, including, but not limited to, total expenditures, a description of whether the expenditures were or were not consistent with the plan described in subdivision (a), and a description of how these expenditures improve outcomes for the realignment target population described in Section 1990. The summary shall be in a format designated by the Office of Youth and Community Restoration.
(e)CA Welfare and Institutions Code § 1995(e) In order to receive 2022–23 funding pursuant to Section 1991, a plan shall be filed with the Office of Youth and Community Restoration by January 1, 2022. In order to continue receiving funding, the subcommittee shall convene no less frequently than twice per year to consider the plan and shall update the plan annually. The plan shall be submitted to the Office of Youth and Community Restoration by May 1 of each year.
(f)CA Welfare and Institutions Code § 1995(f) The Office of Youth and Community Restoration shall review the plan to ensure that the plan contains all the elements and follows the planning process described in this section and may return the plan to the county for revision as necessary or to complete the required planning process prior to final acceptance of the plan. Any actions of the Office of Youth and Community Restoration pursuant to this section shall have no delay or withholding effect on the allocation of funds to counties pursuant to Section 1991.
(g)CA Welfare and Institutions Code § 1995(g) The Office of Youth and Community Restoration shall prepare and make available to the public on its internet website a summary and a copy of the annual county plans submitted pursuant to this section and date of the Office of Youth and Community Restoration’s final acceptance of each plan.