REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
January 23, 2024
FROM
TRACY REECE, Chief Probation Officer, Probation Department
SUBJECT
Title
Ordinance Amendment Related to Appointment of Members of the Juvenile Justice Commission, in its Capacity as the Delinquency Prevention Commission
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RECOMMENDATION(S)
Recommendation
1. Consider proposed ordinance to amend Section 12.1303 of the San Bernardino County Code related to the procedure for appointment of members to the Juvenile Justice Commission, in its capacity as the Delinquency Prevention Commission.
2. Make alterations, if necessary, to proposed ordinance.
3. Approve introduction of proposed ordinance:
• An ordinance of San Bernardino County, State of California, amending Section 12.1303 of Title 1, Division 2, Chapter 13 of the San Bernardino County Code relating to appointment of members to the Juvenile Justice Commission, in its capacity as the Delinquency Prevention Commission.
4. SCHEDULE ORDINANCE FOR FINAL ADOPTION ON FEBRUARY 6, 2024, on the Consent Calendar.
(Presenter: Tracy Reece, Chief Probation Officer, 387-5692)
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COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost).
BACKGROUND INFORMATION
In an apparent error, County Ordinance No. 2425 incorrectly cites Welfare and Institutions Code (WIC) section 233 as section 233 only authorizes the Board of Supervisors (Board) to appoint members to the Delinquency Prevention Commission (DPC); it does not authorize the Board to appoint members to the Juvenile Justice Commission (JJC). WIC section 233 does, however, allow the Board to designate the JJC to serve in the capacity of the DPC. Appointments of members to the JJC, in its capacity as the DPC, have been made by the Presiding Judge of the Superior Court (with the concurrence of the Presiding Judge of the Juvenile Court) pursuant to WIC section 225 since its inception on March 7, 1966 - a 58-year precedent.
The proposed ordinance modifies Section 12.1303 of the San Bernardino County code to bring Section 12.1303 into alignment with WIC section 225, affirming that the Presiding Judge of the Superior Court with the concurrence of the Presiding Judge of the Juvenile Court has appointing authority of JJC members, in its capacity as the DPC. As such, the proposed ordinance modification does not alter the San Bernardino County practice of appointing members to the JJC, in its capacity as the DPC.
WIC section 225 requires that each county have a JJC. The duty of the JJC is to inquire into the administration of juvenile court law in the county or region in which the commission serves. (WIC § 229).
WIC section 233 provides for the Board, by ordinance, to establish a DPC “to coordinate on a countywide basis the work of those governmental and nongovernmental organizations engaged in activities to prevent juvenile delinquency. If the board so elects, it may designate the [JJC] …to serve in such capacity.”
On March 7, 1966, the Board adopted County Ordinance No. 1283 designating the JJC as the DPC pursuant to WIC section 233 (former section 535.5) with the commission thenceforth to be known as the Juvenile Justice and Delinquency Prevention Commission (JJDPC).
Ordinance No. 1283 also established that new members to the JJC, in its capacity as the DPC, shall be governed by WIC section 225 (former section 525), which allows appointments by the Presiding Judge of the Superior Court with the concurrence of the Presiding Judge of the Juvenile Court.
On March 10, 1980 (Item No. 41), the Board approved the JJDPC Bylaws, which reiterated that appointments to the JJDPC shall be made by the Presiding Judge of the Superior Court, with the concurrence of the Judge of the Juvenile Court.
On March 31, 1980 (Item No. 39), the Board adopted County Ordinance No. 2425, which amended Ordinance No. 1283 and how new members of the JJC, in its capacity as the DPC, are appointed. Pursuant to Ordinance No. 2425, new members to the JJC, in its capacity as the DPC, shall be governed by WIC section 233.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Jamie Ryan, Supervising Deputy County Counsel, and Jolena Grider, Deputy County Counsel, 387-5455) on December 4, 2023; Finance (Iliana Rodriguez, Administrative Analyst, 387-4205) on January 3, 2024; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on January 5, 2024.