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Probation Department
Probation Department

SB 823 (DJJ Realignment)

What is Senate Bill (SB) 823?

Senate Bill 823 closes the California Department of Juvenile Justice (DJJ), the state system that currently houses and treats youth who have committed the most serious crimes. Now, those youth will be housed and treated locally.

As of July 1, 2021, the responsibility for all youth adjudged a ward of the court will be shifted to county governments. The state will be providing annual funding for county governments to fulfill this new responsibility.

In Santa Clara County, youth who would previously have been committed to DJJ, will now remain closer to their families and communities, and participate in a secure rehabilitation program operated by the Probation Department in collaboration with the Behavioral Health Services Department. Locally, that program is known as the Secure Youth Treatment Facility (SYTF).

SB 823 extends the age of local juvenile court jurisdiction to 23 or 25, as specified. It also repealed certain provisions that allowed youth to be detained in adult facilities. Instead, SB 823 requires any person whose case originated in juvenile court to remain, if detained, in a county juvenile facility until they turn 25 years of age, except as specified. 

SB 823 increases protections to prevent youth transfers to the adult criminal system.

  • Local Juv. Court Jurisdiction Extends to Age 23, or 25 (W.I.C. §607)
  • Local Juv. Facility Confinement Age Increased to 25 (W.I.C. §208.5)
  • Extends DJJ Intake for Transfer Cases (W.I.C. §736.5)

SB 823 also creates a new statewide oversight body in the Office of Youth and Community Restoration (OYCR) within the California Health and Human Services Agency.

See the JJCC Realignment subcommittee Agenda on the County's Meeting Portal

Learn more about the Juvenile Justice Realignment Block Grant (JJRBG)

To be eligible for funding, each county must form a subcommittee of its juvenile justice coordinating council (JJCC) that must develop and submit an annual plan to the OYCR on May 1st annually. The JJCC Subcommittee will continue to meet to monitor the progress and implementation of the SYTF. Modifications and adjustments to the plan will be made as needed.

The youth must be adjudicated and found to be a ward of the court based on an offense listed in subdivision (b) of Section 707 (primarily serious or violent offenses) or PC 290.008, and the 707(b) offense is their most recent offense. The youth must be deemed unsuitable by the court for a less restrictive alternative setting.

  • Chief Probation Officer, as chair
  • District Attorney’s Office
  • Public Defenders Office
  • Department of Social Services
  • Department of Mental Health
  • County Office of Education or a School District
  • Representative from the Court
  • Six (6) 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.
    • Specifically, two (2) of the six (6) membership seats are reserved for young people with lived experience in a detention/custodial setting such as juvenile hall, ranch or DJJ who are age 27 or under and, at appointment, have completed probation or parole. The subcommittee will also include justice system, education, and behavioral health stakeholders.

Meetings of the Juvenile Justice Coordinating Council (JJCC) Juvenile Realignment Subcommittee are public, and agendas can be accessed on the County of Santa Clara Meeting Portal.

The County of Santa Clara invites members of the community to apply. We are seeking community members who have experience providing community-based services to youth, are youth justice advocates with expertise and knowledge of the juvenile justice system or are young adults who have been directly involved in the juvenile justice system. Specifically, two (2) of the five (5) membership seats are reserved for young people with lived experience in a detention/custodial setting, such as juvenile hall, ranch or DJJ, who are age 27 or under and, at appointment, have completed probation or parole. All are encouraged to apply!

See the Membership Appointment Application