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Home My WebLink AboutMINUTES - 03181997 - C36 TO: BOARD OF SUPERVISORS �r ,f Contra FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR o `'s Costa ,:;.:_. ". .� County DATE: March 11, 1997 SUBJECT. LEGISLATION: CO-SPONSORSHIP OF SB 149 (KNIGHT & RAINEY) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ACKNOWLEDGE that the Board of Supervisors is the CO-SPONSOR of SB 149 by Senator William Knight and Senator Richard Rainey. BACKGROUND: It has long been assumed by probation officials that Penal Code Section 243.1 provided that, if a battery is committed on a probation counselor in a juvenile hall by a ward, a felony has been committed, in that Section 243.1 refers to the definition of custodial officer in Penal Code Section 831. The Juvenile Court in Contra Costa County ruled that a felony had been committed in the instant case, The People v. Rochelle Rearing B.. This decision was appealed to the Court of Appeals, which overturned the decision of the Juvenile Court. The Appellate Court reached this decision by concluding that the Legislature never specifically indicated its intent to include juvenile correctional counselors in the definition of"custodial officer," as defined in Penal Code Section 831. The appellate decision concludes as follows: "It is the province of the Legislature and not the courts to enact statutory categories and definitions such as the ones at issue. Clearly, any change in current law must be addressed by the Legislature." CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(Sh C&/ ACTION OF BOARD ONMarch 16, 997 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE _UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: ATTESTED_ March 18, 1997 See Page 2 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY�• 741 �/J��_/� DEPUTY M382 (10/88) ' 1 Since this case arose from Contra Costa County, even though it has statewide implications, we believe that it is appropriate for Contra Costa County to take the lead in enacting legislation which asks the Legislature to clarify its intent in this regard. The Board's 1997 Legislative Program proposes to sponsor legislation which would clarify the intent of the Legislature in this regard. We had asked Senator Rainey to author legislation along these lines, which he had agreed to do. Coincidentally, Senator Knight introduced SB 149 which, as introduced, does the following: 4 Makes it a misdemeanor for a ward of the juvenile court who is confined in a juvenile hall and who commits an assault or battery on a person who is not confined in the juvenile hall. 4 Makes it a felony for a ward of the juvenile court who is confined in a juvenile hall and who commits an assault with a deadly weapon or instrument, or by any means of force likely to produce great bodily injury against a person who is not confined in the juvenile hall. Senator Rainey decided to co-author SB 149 rather than introduce his own legislation. Assemblywoman Leach has co-authored the bill as well. The County Probation Officer, Terry Starr, is satisfied with SB 149 and recommends that the Board of Supervisors agree to the use of SB 149 as the vehicle to accomplish the objective outlined in the Board's 1997 Legislative Program. We are, therefore, joining with Mr. Starr in recommending that the Board of Supervisors acknowledge that it is the co-sponsor of SB 149, in that it substantially accomplishes what was intended by clarifying the Legislature's intent regarding attacks by juvenile hall wards on staff or others. cc: County Administrator Juvenile Court Judge County Probation Officer District Attorney Sheriff-Coroner Les Spahnn Heim, Noack, Kelly & Spahnn 1121 L Street, Suite 100 Sacramento, CA 95814 Casey Sparks Kaneko, Executive Director Urban Counties Caucus 1100 K Street, Suite 101 Sacramento, CA 95814 Steve Szalay, Executive Director California State Association of Counties 1100 K Street, Suite 101 Sacramento, CA 95814 George Roemer, Senior Deputy County Administrator -2- (. .36 i SENATE BILL No. 149 yh yl E Y Introduced by Senators Knight and Rainey - (Coauthor: Assembly Member Leach) January 13, 1997 An act to add Section 243.9 to the Penal Code, relating to juveniles. 3 LEGISLATIVE COUNSEL'S DIGEST SB 149, as introduced, Knight. Juveniles: offenses. ~� Existing law provides that it is a felony to commit a battery against a custodial officer;for this purpose a"custodial officer" } is defined as a person, not a peace officer, employed by a law 1 enforcement agency of a city or county,who has the authority responsibility for maintaining custody of prisoners under 3 certain circumstances. Existing law also provides that it is a misdemeanor for any person confined in an institution under the Department of the Youth Authority to commit an assault or battery upon any person who is not confined therein and that it is a felony for such a person to commit such-an assault with a deadly Weapon or instrument, or by any means of force likely to produce great bodily injury. This bill.would provide that it is a misdemeanor for a person ' adjudged a ward of the juvenile court on the bases of criminal - ` conduct who is confined in a local institution, as specified, to commit an assault or battery against a person not confined therein and that it is a felony for such a ward to commit an assault with a deadly weapon or instrument, or by any means i of force likely to produce great bodily injury against.such a person. 99 SB 149 — 2 — The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. -- Vote: majority. Appropriation: no. Fiscal committee: yes. _ State-mandated local program: yes. The people of the State of California do enact as follows. 1 SECTION 1. Section 243.9 is added to the Penal Code, 2 to read: 3 243.9. (a) An assault or battery by any person 4 declared to be a ward of the juvenile court pursuant.to 5 Section 602 of the Welfare and Institutions Code who is 6 confined in a juvenile hall, ranch, camp, or other local 7 institution used in the confinement of juveniles upon the 8 person of any individual who is not confined therein shall .9 be punishable by a fine not to exceed two thousand dollars 10 ($2,000), or by imprisonment in the county jail not 1.1 exceeding one year, or by both a fine and imprisonment. j 12 (b) An assault by any person declared to be a ward of 13 the juvenile court pursuant to Section 602 of the Welfare 14 and Institutions Code who is confined in a juvenile hall, 15 ranch, camp, or other local institution used in the i 16., confinement of juveniles upon ,the person of any 17 individual who is not confined therein with a deadly 18 weapon or instrument,.or by any means of force likely to 19 produce great bodily, injury is a felony punishable by 20 imprisonment in the state prison for two,four,or six years. 21. SEC. 2. No reimbursement is required by this act 22 pursuant to Section 6 of Article XIII B of the California 3 23 Constitution because the only costs that may be incurred 24 by a. local agency or school district will be incurred 25: because this act creates a new crime or infraction, 26 eliminates'a crime or infraction, or changes the penalty 27 for a crime or infraction, within the meaning of Section 28 17556 of the Government Code, or changes the definition 99 �. .� ,. — 3 — SB 149 cse 1 of a crime within the meaning of Section 6 of Article ed 2 XIII B of the California Constitution. for 3 Notwithstanding Section 17580 of the Government 4 Code, unless otherwise specified, the provisions of this act ed 5 shall become operative on the same date that the act 6 takes effect pursuant to the California Constitution. es. le, on to cal he all ars got nt. of ire he ny By to by .rs. : tet iia , ed ed )n, lty on on p 99 99