reglab/statecodes huggingface dataset:
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 5 - Youth Reinvestment Grant Program › ARTICLE 3 - Trauma-Informed Diversion Programs for Minors › Section 1455.

1455. (a) The board shall be responsible for administration oversight and accountability of the grant program under this article, in coordination with the California Health and Human Services Agency and the State Department of Education.
(b) The board, in collaboration with partner agencies, shall perform all of the following duties:
(1) Provide guidance to applicant and recipient local jurisdictions, including guidance regarding available federal, state, and local funds for the purposes of braiding and matching funds.
(2) Support data collection and analysis to identify and target jurisdictions with the highest need and to measure program outcomes and impacts.
(3) Track funding allocations and disbursements in accordance with the applicant’s proposed plans.
(4) (A) Secure or set aside sufficient funds to contract with a research firm or university to conduct a statewide evaluation of the grant program and its outcomes over a three-year grant period.
(B) The board shall make available on its Internet Web site a report of grantees, projects, and outcomes at the state and local levels upon completion of the three-year period.
(C) The board and collaborating agencies shall assist the research firm or university by providing relevant, existing data for the purposes of tracking outcomes. Measures may include, but are not limited to, any of the following:
(i) Reductions in law enforcement responses to minors for low-level offenses, court caseloads and processing, days the minors spend in detention, placement of minors in congregate care, school and placement disruptions, and facility staff turnover.
(ii) Improvement in the health and well-being of the minors, school and community stability, educational attainment, and employment opportunities.
(iii) Projected state and local cost savings as a result of the diversion programming.
(Added by Stats. 2018, Ch. 36, Sec. 33. (AB 1812) Effective June 27, 2018.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 5 - Youth Reinvestment Grant Program › ARTICLE 4 - Trauma-Informed Diversion Programs for Youth › Section 1456.

1456. Notwithstanding any other law, and except for grants provided to Indian tribes under Article 2 (commencing with Section 1452), commencing with the 2019–20 fiscal year and each fiscal year thereafter, this article shall apply to grants provided under the Youth Reinvestment Grant Program.
(Added by Stats. 2019, Ch. 584, Sec. 3. (AB 1454) Effective January 1, 2020.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 5 - Youth Reinvestment Grant Program › ARTICLE 4 - Trauma-Informed Diversion Programs for Youth › Section 1457.

1457. For purposes of this article, the following definitions apply:
(a) “Applicant” means a nonprofit organization or local governmental entity.
(b) “Area of high need” means either of the following:
(1) A city or a ZIP Code with rates of youth arrests that are higher than the county average, based on available arrest data, as described by the applicant.
(2) A city or a ZIP Code with racial or ethnic disparities in youth arrests that are higher than their representation in the county population, as described by the applicant.
(c) “Board” means the Board of State and Community Corrections.
(d) “Diversion program” means a program that promotes positive youth development by relying on responses that prevent a young person’s involvement or further involvement in the justice system. Diversion programs, which may follow a variety of different models, aim to divert youth from justice system engagement at the earliest possible point. Departments or agencies that may refer youth to diversion programs include, but are not limited to, schools, service organizations, police, probation, or prosecutors.
(e) “Local governmental entity” means a local government agency, including, but not limited to, a county child welfare agency, county probation department, county behavioral health department, county public health department, school district, or county office of education.
(f) “Nonprofit organization” means a private, community-based organization that is exempt from taxation pursuant to Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code, and that is nongovernmental and does not carry out any law enforcement duties.
(Added by Stats. 2019, Ch. 584, Sec. 3. (AB 1454) Effective January 1, 2020.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 5 - Youth Reinvestment Grant Program › ARTICLE 4 - Trauma-Informed Diversion Programs for Youth › Section 1458.

1458. (a) The board shall allocate funds appropriated pursuant to Section 1450 through a competitive grant process for the purpose of implementing trauma-informed diversion programs for youth.
(b) The board shall distribute a grant under this article pursuant to all of the following conditions:
(1) A local governmental entity or nonprofit organization shall be awarded no less than fifty thousand dollars ($50,000) and no more than two million dollars ($2,000,000).
(2) (A) An applicant shall provide at least a 25-percent cash or in-kind match to the grant that it receives pursuant to this article. Funds used to provide the 25-percent match amount may include a combination of federal, other state, local, or private funds.
(B) Notwithstanding subparagraph (A), an applicant entity may provide less than a 25-percent match, but at least a 10-percent cash or in-kind match, to the grant if the applicant identifies the service area as high need with low or no local infrastructure for diversion programming.
(3) Ninety percent of the funds awarded to a local government entity shall pass through to community-based organizations to deliver services in underserved communities with high rates of youth arrests, as described by the applicant.
(4) (A) Services shall be community based, located in communities of local jurisdictions with high needs.
(B) Services shall be evidence based or research supported, trauma informed, culturally relevant, and developmentally appropriate.
(C) Direct service providers who receive funding from a grant pursuant to this article shall be nongovernmental and not law enforcement or probation entities.
(D) Direct service providers shall have experience effectively serving at-risk youth populations.
(E) Diversion programs shall include alternatives to arrest, incarceration, and formal involvement with the juvenile justice system. Diversion programs shall also include one or more of the following:
(i) Educational services, including academic and vocational services.
(ii) Mentoring services.
(iii) Behavioral health services.
(iv) Mental health services.
(c) Multiple applicants may apply for funding under this article on a regional basis in a single application and receive the aggregate amount of funds that they would have received if awarded as independent applicants.
(Added by Stats. 2019, Ch. 584, Sec. 3. (AB 1454) Effective January 1, 2020.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 5 - Youth Reinvestment Grant Program › ARTICLE 4 - Trauma-Informed Diversion Programs for Youth › Section 1459.

1459. The board shall be responsible for administration oversight and accountability of the grant program under this article and shall perform both of the following duties:
(a) Support grantee data collection and analysis and require grantees to provide outcomes of the funded programs.
(b) (1) Set aside up to two hundred fifty thousand dollars ($250,000) of funds appropriated for purposes of the grant program, exclusive of the funds set aside for administrative costs to the board pursuant to subdivision (c) of Section 1450, to contract with a research firm or university to conduct a statewide evaluation of the grant program and its outcomes over a three-year grant period.
(2) The board shall make available on its internet website a report of grantees, projects, and outcomes at the state and local levels within 180 days of completion of the grant cycle.
(3) The board shall assist the research firm or university by providing relevant, existing data for the purposes of tracking outcomes. Measures may include, but are not limited to, any of the following:
(A) Reductions in law enforcement responses to youth for low-level offenses, court caseloads and processing, days the youth spend in detention, placement of youth in congregate care, school and placement disruptions, and facility staff turnover.
(B) Improvement in the health and well-being of the youth, school and community stability, educational attainment, and employment opportunities.
(C) Projected state and local cost savings as a result of the diversion programming.
(Added by Stats. 2019, Ch. 584, Sec. 3. (AB 1454) Effective January 1, 2020.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 2 - MINORS CROSSING THE MEXICAN BORDER › Section 1500.

1500. A peace officer of any city or county shall prevent the entry from California into the Republic of Mexico at the border by any resident of this state under the age of 18 years who is unaccompanied by a parent or guardian or who does not have written consent for such entry from a parent or guardian or who does not have a passport. The authority of the peace officer under this part shall be only to prevent entry and not otherwise to detain. Nothing in this part shall be construed to limit the authority of a peace officer under any other law of this state.
(Added by Stats. 1973, Ch. 336.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 1 - General Provisions and Definitions › Section 1700.

1700. The purpose of this chapter is to protect society from the consequences of criminal activity and to that purpose community restoration, victim restoration, and offender training and treatment shall be substituted for retributive punishment and shall be directed toward the rehabilitation of young persons who have committed public offenses.
(Amended by Stats. 2019, Ch. 25, Sec. 54. (SB 94) Effective June 27, 2019.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 1 - General Provisions and Definitions › Section 1703.

1703. As used in this chapter the following terms have the following meanings:
(a) “Public offenses” means public offenses as that term is defined in the Penal Code.
(b) “Court” includes any official authorized to impose sentence for a public offense.
(c) “Youth Authority,” “Authority,” “authority,” or “division” means the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(d) “Board” or “board” means the Board of Parole Hearings, until January 1, 2007, at which time “board” shall refer to the body created to hear juvenile parole matters under the jurisdiction of the Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation.
(e) The masculine pronoun includes the feminine.
(Repealed and added by Stats. 2020, Ch. 337, Sec. 33. (SB 823) Effective September 30, 2020.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 1 - General Provisions and Definitions › Section 1705.

1705. It is the intention of the Legislature that all persons in the custody of an institution under the supervision of the Department of the Youth Authority shall be afforded reasonable opportunities to exercise religious freedom.
(Added by Stats. 1972, Ch. 1349.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 2 - Department of the Youth Authority › Section 1710.

1710. (a) Any reference to the Department of the Youth Authority in this code or any other code refers to the Department of Corrections and Rehabilitation, Division of Juvenile Justice.
(b) The Legislature finds and declares the following:
(1) The purpose of the Division of Juvenile Justice within the Department of Corrections and Rehabilitation is to protect society from the consequences of criminal activity by providing for the secure placement of youth, and to effectively and efficiently operate and manage facilities housing youthful offenders under the jurisdiction of the department, consistent with the purposes set forth in Section 1700.
(2) The purpose of the Division of Juvenile Programs within the Department of Corrections and Rehabilitation is to provide comprehensive education, training, treatment, and rehabilitative services to youthful offenders under the jurisdiction of the department, that are designed to promote community restoration, family ties, and victim restoration, and to produce youth who become law-abiding and productive members of society, consistent with the purposes set forth in Section 202.
(3) The purpose of the Division of Juvenile Parole Operations within the Department of Corrections and Rehabilitation is to monitor and supervise the reentry into society of youthful offenders under the jurisdiction of the department, and to promote the successful reintegration of youthful offenders into society, in order to reduce the rate of recidivism, thereby increasing public safety.
(Repealed and added by Stats. 2020, Ch. 337, Sec. 35. (SB 823) Effective September 30, 2020.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 2 - Department of the Youth Authority › Section 1711.

1711. Any reference to the Director of the Youth Authority shall be to the Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation, unless otherwise expressly provided.
(Repealed and added by Stats. 2020, Ch. 337, Sec. 37. (SB 823) Effective September 30, 2020.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 2 - Department of the Youth Authority › Section 1712.

1712. (a) All powers, duties, and functions pertaining to the care and treatment of wards provided by any provision of law and not specifically and expressly assigned to the Juvenile Justice branch of the Department of Corrections and Rehabilitation, or to the Board of Parole Hearings, shall be exercised and performed by the Secretary of the Department of Corrections and Rehabilitation. The secretary shall be the appointing authority for all civil service positions of employment in the department. The secretary may delegate the powers and duties vested in the secretary by law, in accordance with Section 7.
(b) Commencing July 1, 2005, the secretary is authorized to make and enforce all rules appropriate to the proper accomplishment of the functions of the Division of Juvenile Facilities, Division of Juvenile Programs, and Division of Juvenile Parole Operations. The rules shall be promulgated and filed pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and shall, to the extent practical, be stated in language that is easily understood by the general public.
(c) The secretary shall maintain, publish, and make available to the general public, a compendium of rules and regulations promulgated by the department pursuant to this section.
(d) The following exceptions to the procedures specified in this section shall apply to the department:
(1) The department may specify an effective date that is any time more than 30 days after the rule or regulation is filed with the Secretary of State; provided that no less than 20 days prior to that effective date, copies of the rule or regulation shall be posted in conspicuous places throughout each institution and shall be mailed to all persons or organizations who request them.
(2) The department may rely upon a summary of the information compiled by a hearing officer; provided that the summary and the testimony taken regarding the proposed action shall be retained as part of the public record for at least one year after the adoption, amendment, or repeal.
(Repealed and added by Stats. 2020, Ch. 337, Sec. 39. (SB 823) Effective September 30, 2020.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 2 - Department of the Youth Authority › Section 1712.1.

1712.1. (a) A ward confined in a facility of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, shall be encouraged to communicate with family members, clergy, and others, and to participate in programs that will facilitate his or her education, rehabilitation, and accountability to victims, and that may help the ward become a law-abiding and productive member of society. If the division or a facility requires a ward to provide a list of allowed visitors, calls, or correspondents, that list shall be transferable from facility to facility, so that the transfer of the ward does not unduly interrupt family and community communication.
(b) A ward shall be allowed a minimum of four telephone calls to his or her family per month. A restriction or reduction of the minimum amount of telephone calls allowed to a ward shall not be imposed as a disciplinary measure. If calls conflict with institutional operations, supervision, or security, telephone usage may be temporarily restricted to the extent reasonably necessary for the continued operation and security of the facility. When speaking by telephone with a family member, clergy, or counsel, a ward may use his or her native language or the native language of the person to whom he or she is speaking.
(c) (1) If a ward’s visitation rights are suspended, division or facility staff shall be prepared to inform one or more persons on the list of those persons allowed to visit the ward, if any of those persons should call to ask.
(2) The division or facility shall maintain a toll-free telephone number that families and others may call to confirm visiting times, and to provide timely updates on interruptions and rescheduling of visiting days, times, and conditions.
(3) (A) The division shall encourage correspondence with family or clergy by providing blank paper, envelopes, pencils, and postage. Materials shall be provided in a manner that protects institutional and public safety.
(B) When corresponding with a family member, clergy, or counsel in writing, the ward may use his or her native language or the native language of the person to whom he or she is writing.
(C) Blank paper, envelopes, and pencils shall not be deemed contraband nor seized except in cases where the staff determines that these items would likely be used to cause bodily harm, injury, or death to the ward or other persons, or, based on specific history of property damage by the individual ward, would likely be used to cause destruction of state property. If the staff asserts that it is necessary to seize materials normally used for correspondence, the reasons for the seizure shall be entered in writing in the ward’s file or records.
(Amended by Stats. 2008, Ch. 522, Sec. 3. Effective January 1, 2009.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 2 - Department of the Youth Authority › Section 1712.5.

1712.5. (a) The possession or use of tobacco products by wards and inmates in all institutions and camps under the jurisdiction of the Department of the Youth Authority is prohibited. The Director of the Youth Authority shall adopt regulations to implement this prohibition, which shall include an exemption for departmentally approved religious ceremonies.
(b) The use of tobacco products by any person not included in subdivision (a) on the grounds of any institution or facility under the jurisdiction of the Department of the Youth Authority is prohibited, with the exception of residential staff housing where inmates or wards are not present.
(Added by Stats. 2004, Ch. 798, Sec. 7. Effective January 1, 2005. Operative July 1, 2005, by Sec. 9 of Ch. 798.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 2 - Department of the Youth Authority › Section 1713.

1713. (a) The Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation shall have wide and successful administrative experience in youth or adult correctional programs embodying rehabilitative or delinquency prevention concepts.
(b) The Governor may request the State Personnel Board to use extensive recruitment and merit selection techniques and procedures to provide a list of persons qualified for appointment as that subordinate officer. The Governor may appoint any person from such list of qualified persons or may reject all names and appoint another person who meets the requirements of this section.
(Amended by Stats. 2012, Ch. 41, Sec. 93. (SB 1021) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 2 - Department of the Youth Authority › Section 1714.

1714. The Secretary of the Department of Corrections and Rehabilitation may transfer persons confined in one institution or facility of the Division of Juvenile Justice to another. Proximity to family shall be one consideration in placement.
(Repealed and added by Stats. 2020, Ch. 337, Sec. 41. (SB 823) Effective September 30, 2020.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 2 - Department of the Youth Authority › Section 1715.

1715. From funds available for the support of the Youth Authority, the director may reimburse persons employed by the authority and certified as radiologic technologists pursuant to the Radiologic Technology Act (subdivision (f) of Section 27 of the Health and Safety Code) for the fees incurred both in connection with the obtaining of the certification since July 1, 1971, and with regard to the renewal thereof.
(Amended by Stats. 1996, Ch. 1023, Sec. 458. Effective September 29, 1996.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 2.5 - Board of Juvenile Hearings › Section 1716.

1716. Commencing July 1, 2016, any reference to the Youth Authority Board refers to the Board of Juvenile Hearings.
(Amended by Stats. 2016, Ch. 33, Sec. 40. (SB 843) Effective June 27, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 2.5 - Board of Juvenile Hearings › Section 1718.

1718. (a) The Governor shall appoint three commissioners, subject to Senate confirmation, to the Board of Juvenile Hearings. These commissioners shall be appointed and trained to hear only juvenile matters. The term of appointment for each commissioner shall be five years, and each term shall commence on the expiration of the predecessor. Each commissioner currently serving on the Board of Parole Hearings to hear only juvenile matters shall continue to serve as a commissioner of the Board of Juvenile Hearings until his or her current term expires. The Governor shall stagger the remaining vacancies as follows: one commissioner term to expire on July 1, 2018, and one commissioner term to expire on July 1, 2019. Any appointment to a vacancy that occurs for any reason other than expiration of the term shall be for the remainder of the unexpired term. Commissioners are eligible for reappointment. The selection of persons and their appointment by the Governor and confirmation by the Senate shall reflect as nearly as possible a cross section of the racial, sexual, economic, and geographic features of the population of the state.
(b) The Chair of the Board of Juvenile Hearings shall be designated by the Governor periodically. The Governor may appoint an executive officer of the board, subject to Senate confirmation, who shall hold office at the pleasure of the Governor. The executive officer shall be the administrative head of the board and shall exercise all duties and functions necessary to ensure that the responsibilities of the board are successfully discharged. The Director of the Division of Juvenile Facilities shall be the hiring authority for all civil service positions of employment with the board.
(c) Each commissioner shall participate in hearings, including discharge consideration hearings, initial case reviews, and annual reviews.
(Added by Stats. 2016, Ch. 33, Sec. 41. (SB 843) Effective June 27, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 2.5 - Board of Juvenile Hearings › Section 1719.

1719. (a) The following powers and duties shall be exercised and performed by the Board of Juvenile Hearings: discharges of commitment, orders for discharge from the jurisdiction of the Division of Juvenile Facilities to the jurisdiction of the committing court, honorable discharge determinations, initial case reviews, and annual reviews.
(b) Any ward may appeal a decision by the Board of Juvenile Hearings to deny discharge to a panel comprised of at least two commissioners.
(c) The following powers and duties shall be exercised and performed by the Division of Juvenile Facilities: return of persons to the court of commitment for redisposition by the court or a reentry disposition, determination of offense category, setting of discharge consideration dates, developing and updating individualized treatment plans, institution placements, furlough placements, return of nonresident persons to the jurisdiction of the state of legal residence, disciplinary decisionmaking, and referrals pursuant to Section 1800.
(d) The department shall promulgate policies and regulations implementing a departmentwide system of graduated sanctions for addressing ward disciplinary matters. The disciplinary decisionmaking system shall be employed as the disciplinary system in facilities under the jurisdiction of the Division of Juvenile Facilities, and shall provide a framework for handling disciplinary matters in a manner that is consistent, timely, proportionate, and ensures the due process rights of wards. The department shall develop and implement a system of graduated sanctions that distinguishes between minor, intermediate, and serious misconduct. The department may not extend a ward’s discharge consideration date. The department also may promulgate regulations to establish a process for granting wards who have successfully responded to disciplinary sanctions a reduction of any time acquired for disciplinary matters.
(Amended by Stats. 2017, Ch. 683, Sec. 7. (SB 625) Effective January 1, 2018.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 2.5 - Board of Juvenile Hearings › Section 1720.

1720. (a) The case of each ward shall be reviewed by the Board of Juvenile Hearings within 45 days of arrival at the department, and at other times as is necessary to meet the powers or duties of the board.
(b) The Board of Juvenile Hearings shall periodically review the case of each ward. These reviews shall be made as frequently as the Board of Juvenile Hearings considers desirable and shall be made with respect to each ward at intervals not exceeding one year.
(c) The ward shall be entitled to notice if his or her annual review is delayed beyond one year after the previous annual review hearing. The ward shall be informed of the reason for the delay and of the date the review hearing is to be held.
(d) Failure of the board to review the case of a ward within 15 months of a previous review shall not of itself entitle the ward to discharge from the control of the division but shall entitle him or her to petition the superior court of the county from which he or she was committed for an order of discharge, and the court shall discharge him or her unless the court is satisfied as to the need for further control.
(e) Reviews conducted by the board pursuant to this section shall be written and shall include, but not be limited to, the following: verification of the treatment or program goals and orders for the ward to ensure the ward is receiving treatment and programming that is narrowly tailored to address the correctional treatment needs of the ward and is being provided in a timely manner that is designed to meet the discharge consideration date set for the ward; an assessment of the ward’s adjustment and responsiveness to treatment, programming, and custody; a review of the ward’s disciplinary history and response to disciplinary sanctions; and a review of any additional information relevant to the ward’s progress.
(f) The division shall provide copies of the reviews prepared pursuant to this section to the court and the probation department of the committing county.
(Amended by Stats. 2016, Ch. 33, Sec. 43. (SB 843) Effective June 27, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 2.5 - Board of Juvenile Hearings › Section 1721.

1721. (a) The Board of Juvenile Hearings shall meet at each of the facilities under the jurisdiction of the Division of Juvenile Facilities. Meetings shall be held at whatever times may be necessary for a full and complete study of the cases of all wards whose matters are considered. Other times and places of meeting may also be designated by the board, including, but not limited to, prisons or state facilities housing wards under the jurisdiction of the Division of Juvenile Facilities. Each commissioner of the board shall receive his or her actual necessary traveling expenses incurred in the performance of his or her official duties. If the board performs its functions by meeting en banc in either public or executive sessions to decide matters of general policy, no action shall be valid unless it is concurred in by a majority vote of those present.
(b) The Board of Juvenile Hearings may utilize board representatives to whom it may assign appropriate duties, including hearing cases and making decisions. Those decisions shall be made in accordance with policies approved by a majority of the total membership of the board. When determining whether commissioners or board representatives shall hear matters pursuant to subdivision (a) of Section 1719, or any other matter submitted to the board involving wards under the jurisdiction of the Division of Juvenile Facilities, the chair shall take into account the degree of complexity of the issues presented by the case.
(c) The board shall exercise the powers and duties specified in subdivision (a) of Section 1719 in accordance with rules and regulations adopted by the board. The board may conduct discharge hearings in panels. Each panel shall consist of two or more persons, at least one of whom shall be a commissioner. No panel action shall be valid unless concurred in by a majority vote of the persons present; in the event of a tie vote, the matter shall be referred to and heard by the board en banc.
(Added by Stats. 2016, Ch. 33, Sec. 44. (SB 843) Effective June 27, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 2.5 - Board of Juvenile Hearings › Section 1722.

1722. (a) Any rules and regulations, including any resolutions and policy statements, promulgated by the Board of Juvenile Hearings shall be promulgated and filed pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and shall, to the extent practical, be stated in language that is easily understood by the general public.
(b) The Board of Juvenile Hearings shall maintain, publish, and make available to the general public a compendium of its rules and regulations, including any resolutions and policy statements, promulgated pursuant to this section.
(c) Notwithstanding subdivisions (a) and (b), the chairperson may specify an effective date that is any time more than 30 days after the rule or regulation is filed with the Secretary of State. However, no less than 20 days prior to that effective date, copies of the rule or regulation shall be posted in conspicuous places throughout each institution and shall be mailed to all persons or organizations who request them.
(Added by Stats. 2016, Ch. 33, Sec. 45. (SB 843) Effective June 27, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 2.5 - Board of Juvenile Hearings › Section 1723.

1723. (a) The powers and duties of the board described in subdivision (a) of Section 1719 shall be exercised and performed by the board or its designee, as authorized by this article.
(b) All other powers conferred to the board concerning wards under the jurisdiction of the division may be exercised through subordinates or delegated to the division under rules established by the board. Any person subjected to an order of those subordinates or of the division pursuant to that delegation may petition the board for review. The board may review those orders under appropriate rules and regulations.
(c) All board designees shall be subject to the training required pursuant to Section 1724.
(Amended by Stats. 2016, Ch. 33, Sec. 46. (SB 843) Effective June 27, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 2.5 - Board of Juvenile Hearings › Section 1724.

1724. (a) Commissioners and board representatives hearing matters pursuant to subdivision (a) of Section 1719 or any other matter involving wards under the jurisdiction of the Division of Juvenile Facilities shall have a broad background in, and ability to perform or understand, appraisal of youthful offenders and delinquents, the circumstances of delinquency for which those persons are committed, and the evaluation of an individual’s progress toward reformation. Insofar as practicable, commissioners and board representatives selected to hear these matters also shall have a varied and sympathetic interest in juvenile justice and shall have experience or education in the fields of juvenile justice, sociology, law, law enforcement, mental health, medicine, drug treatment, or education.
(b) Within 60 days of appointment and annually thereafter, commissioners and board representatives described in subdivision (a) shall undergo a minimum of 40 hours of training in the following areas:
(1) Adolescent brain development, the principles of cognitive behavioral therapy, and evidence-based treatment and recidivism-reduction models.
(2) Treatment and training programs provided to wards at the Division of Juvenile Facilities, including, but not limited to, educational, vocational, mental health, medical, substance abuse, psychotherapeutic counseling, and sex offender treatment programs.
(3) Current national research on effective interventions with juvenile offenders and how they compare to division program and treatment services.
(4) Commissioner duties and responsibilities.
(5) Knowledge of laws and regulations applicable to conducting initial case reviews, annual reviews, and discharge hearings, including the rights of victims, witnesses, and wards.
(6) Factors influencing ward lengths of stay and ward recidivism rates and their relationship to one another.
(Added by Stats. 2016, Ch. 33, Sec. 47. (SB 843) Effective June 27, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 2.5 - Board of Juvenile Hearings › Section 1725.

1725. (a) Commencing July 1, 2016, the Board of Juvenile Hearings shall succeed, and shall exercise and perform all powers and duties previously granted to, exercised by, and imposed upon the Youthful Offender Parole Board and Youth Authority Board, as authorized by this article. The Youthful Offender Parole Board and Youth Authority Board are abolished.
(b) Commencing January 1, 2007, all commissioners appointed and trained to hear juvenile parole matters, together with their duties prescribed by law as functions of the Board of Parole Hearings concerning wards under the jurisdiction of the Department of Corrections and Rehabilitation, are transferred to the Director of the Division of Juvenile Justice.
(Amended by Stats. 2016, Ch. 33, Sec. 48. (SB 843) Effective June 27, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 2.5 - Board of Juvenile Hearings › Section 1726.

1726. (a) Employees of the Department of the Youth Authority who are needed to support the functions of the Youth Authority Board shall be selected and appointed pursuant to the State Civil Service Act.
(b) All officers and employees of the Youthful Offender Parole Board who on January 1, 2004, are serving in the state civil service, other than as temporary employees, as part of the direct staff of the Youthful Offender Parole Board shall be transferred to the Department of the Youth Authority and subject to retention pursuant to Section 19050.9 of the Government Code.
(Amended by Stats. 2003, Ch. 4, Sec. 23. Effective April 8, 2003. Operative January 1, 2004, by Sec. 52 of Ch. 4.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 2.5 - Board of Juvenile Hearings › Section 1728.

1728. The Governor may remove any member of the Board of Juvenile Hearings for misconduct, incompetency, or neglect of duty after a full hearing by the Board of State and Community Corrections.
(Added by Stats. 2016, Ch. 33, Sec. 49. (SB 843) Effective June 27, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 3 - Commitments to Youth Authority › Section 1730.

1730. (a) No person may be committed to the Authority until the Authority has certified in writing to the Governor that it has approved or established places of preliminary detention and places for examination and study of persons committed, and has other facilities and personnel sufficient for the proper discharge of its duties and functions.
(b) Before certification to the Governor as provided in subsection (a), a court shall, upon conviction of a person under 21 years of age at the time of his apprehension, deal with him without regard to the provisions of this chapter.
(Amended by Stats. 1944, 3rd [1st] Ex. Sess., Ch. 2.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 3 - Commitments to Youth Authority › Section 1731.

1731. (a) When in any criminal proceeding in a court of this State a person has been convicted of a public offense and the person was a minor when he or she committed the offense, the court shall determine whether the person was less than 21 years of age at the time of the apprehension from which the criminal proceeding resulted. Proceedings in a juvenile court in respect to a juvenile are not criminal proceedings as that phrase is used in this chapter.
(b) Notwithstanding any other provision of law, no court shall have the power to order an adult convicted of a public offense in a court of criminal jurisdiction to be committed to the Youth Authority. This subdivision shall not apply to a transfer pursuant to Section 1731.5.
(Amended by Stats. 1994, Ch. 452, Sec. 2. Effective January 1, 1995.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 3 - Commitments to Youth Authority › Section 1731.6.

1731.6. (a) In any county in which there is in effect a contract made pursuant to Section 1752.1, if a court has determined that a person comes within the provisions of Section 1731.5 and concludes that a proper disposition of the case requires such observation and diagnosis as can be made at a diagnostic and treatment center of the Division of Juvenile Justice, the court may continue the hearing and, until July 1, 2021, order that the person be placed temporarily in such a center for a period not to exceed 90 days, with the further provision in such order that the Director of the Division of Juvenile Justice report to the court its diagnosis and recommendations concerning the person within the 90-day period.
(b) The Director of the Division of Juvenile Justice shall, within the 90 days, cause the person to be observed and examined and shall forward to the court the diagnosis and recommendation concerning the person’s future care, supervision, and treatment.
(c) The Division of Juvenile Justice shall accept that person if it believes that the person can be materially benefited by such diagnostic and treatment services and if the Director of the Division of Juvenile Justice certifies that staff and institutions are available. A person shall not be transported to any facility under the jurisdiction of the Division of Juvenile Justice until the director has notified the referring court of the place to which the person is to be transported and the time at which the person can be received.
(d) Notwithstanding subdivision (c), the Division of Juvenile Justice shall accept without cost to the county any persons remanded pursuant to Section 707.2.
(e) The sheriff of the county in which an order is made placing a person in a diagnostic and treatment center pursuant to this section, or any other peace officer designated by the court, shall execute the order placing the person in the center or returning them therefrom to the court. The expense of the sheriff or other peace officer incurred in executing that order is a charge upon the county in which the court is situated.
(Amended by Stats. 2021, Ch. 18, Sec. 14. (SB 92) Effective May 14, 2021.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 3 - Commitments to Youth Authority › Section 1731.8.

1731.8. Notwithstanding any other provision of law, within 60 days of the commitment of a ward to the Department of the Youth Authority, the department shall set an initial parole consideration date for the ward and shall notify the probation department and the committing juvenile court of that date. The department shall use the category offense guidelines contained in Sections 4951 to 4957, inclusive, of, and the deviation guidelines contained in subdivision (i) of Section 4945 of, Title 15 of the California Code of Regulations, that were in effect on January 1, 2003, in setting an initial parole consideration date.
(Added by Stats. 2003, Ch. 4, Sec. 25. Effective April 8, 2003. Operative January 1, 2004, by Sec. 52 of Ch. 4.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 3 - Commitments to Youth Authority › Section 1732.

1732. No person convicted of violating Section 261, 262, or 264.1 of, subdivision (b) of Section 288 of, Section 289 of, or of sodomy or oral copulation by force, violence, duress, menace or threat of great bodily harm as provided in Section 286 or 287 of, or former Section 288a of, the Penal Code committed when that person was 18 years of age who has previously been convicted of any such felony shall be committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. This section does not prohibit the adjournment of criminal proceedings pursuant to Division 3 (commencing with Section 3000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code.
(Amended by Stats. 2018, Ch. 423, Sec. 126. (SB 1494) Effective January 1, 2019.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 3 - Commitments to Youth Authority › Section 1732.5.

1732.5. Notwithstanding any other provision of law, no person convicted of murder, rape or any other serious felony, as defined in Section 1192.7 of the Penal Code, committed when he or she was 18 years of age or older shall be committed to Youth Authority.
The provisions of this section shall not be amended by the Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors.
(Added June 8, 1982, by initiative Proposition 8, Sec. 8.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 3 - Commitments to Youth Authority › Section 1732.6.

1732.6. (a) No minor shall be committed to the Youth Authority when he or she is convicted in a criminal action for an offense described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7 of the Penal Code and is sentenced to incarceration for life, an indeterminate period to life, or a determinate period of years such that the maximum number of years of potential confinement when added to the minor’s age would exceed 25 years. Except as specified in subdivision (b), in all other cases in which the minor has been convicted in a criminal action, the court shall retain discretion to sentence the minor to the Department of Corrections or to commit the minor to the Youth Authority.
(b) No minor shall be committed to the Youth Authority when he or she is convicted in a criminal action for:
(1) An offense described in subdivision (b) of Section 602, or
(2) An offense described in paragraphs (1), (2), or (3) of subdivision (d) of Section 707, if the circumstances enumerated in those paragraphs are found to be true by the trier of fact.
(3) An offense described in subdivision (b) of Section 707, if the minor had attained the age of 16 years of age or older at the time of commission of the offense.
(c) Notwithstanding any other provision of law, no person under the age of 16 years shall be housed in any facility under the jurisdiction of the Department of Corrections.
(Amended by Stats. 2002, Ch. 787, Sec. 36. Effective January 1, 2003. Note: This section was amended on March 7, 2000, by initiative Prop. 21.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 3 - Commitments to Youth Authority › Section 1732.7.

1732.7. A person who is convicted of a public offense for which the maximum penalty provided by law is imprisonment for not more than 90 days, and who is found to be less than 21 years of age at the time of his apprehension, may be committed to the Authority only if it is brought to the court’s knowledge that the person has been previously convicted of a public offense or has been a ward of the juvenile court by reason of a public offense and the court is satisfied that society will best be protected by commitment to the Authority.
(Amended by Stats. 1944, 3rd [1st] Ex. Sess., Ch. 2.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 3 - Commitments to Youth Authority › Section 1733.

1733. Nothing in this chapter prevents a court from revoking or suspending any license issued to the defendant under any law of this State where such revocation or suspension is otherwise provided for.
(Added by Stats. 1941, Ch. 937.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2.5 - YOUTHS › CHAPTER 1 - The Youth Authority › ARTICLE 3 - Commitments to Youth Authority › Section 1735.

1735. If the court sentences a person under 21 years of age at the time of his apprehension to the payment of a fine and the fine is not paid, the court may either remit the fine in whole or in part, or commit him to confinement for a length of time permitted by the statutes relating to imprisonment for failure to pay fines. But such confinement may be only in a place approved by the Authority.
(Amended by Stats. 1944, 3rd [1st] Ex. Sess., Ch. 2.)