AB 2698: Juveniles: diversion.

Existing law creates the Office of Youth and Community Restoration within the California Health and Human Services Agency to promote trauma-responsive, culturally informed services for youth involved in the juvenile justice system, as specified. Existing law grants the office the responsibility and authority to report on youth outcomes, identify policy recommendations, identify and disseminate best practices, and provide technical assistance to develop and expand local youth diversion opportunities.

Existing law subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance, and a minor under 12 years of age who is alleged to have committed specified serious offenses, to the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition, as specified. Existing law authorizes a probation officer who concludes that a minor is within the jurisdiction of the juvenile court or would come within the jurisdiction of the court if a petition was filed, in lieu of filing a petition to declare a minor a ward of the court or requesting that a petition be filed by the prosecuting attorney, to declare a minor a ward of the court, as specified, to refer the minor to services provided by a health agency, community-based organization, local educational agency, an appropriate nonlaw enforcement agency, or the probation department.

This bill would authorize, until January 1, 2030, the Office of Youth and Community Restoration to establish a grant program to create a youth court diversion pilot program. The bill would authorize the office, upon appropriation by the Legislature, to award 6 one-time grants to 6 counties to establish a youth diversion program for first-time misdemeanor juvenile offenders. The bill would specify the criteria for a juvenile to participate in the pilot program, including, among other things, the types of offenses for which a juvenile may participate in the pilot program. The bill would require that juveniles participating in the program appear before a jury composed of high school student volunteers who have been trained and mentored by attorneys from the district attorney and public defender’s offices. The bill would require the student volunteers to determine a disposition, as specified, and would prohibit the student jury from making a determination of guilt or innocence. The bill would specify the minimum requirements for youth court diversion proceedings pursuant to these provisions. The bill would also require participating counties to annually provide a report to the office regarding the juveniles who have completed the program.