reglab/statecodes huggingface dataset:
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 6 - Behavior Management System › Article 1 - Disciplianary Decision Making System › Section 30706 - Notice of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In Level A
				  hearings, notice shall be given to the ward orally immediately prior to the
				  hearing.
(b) In Level B hearings, the
				  ward shall be given specified information in writing at least 24 hours prior to the
				  DDMS hearing. Such notice shall:
(1) Set forth the
				  nature of the alleged behavior requiring action, and
(2) Give information on how to prepare for and
				  present relevant material at the hearing.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 6 - Behavior Management System › Article 1 - Disciplianary Decision Making System › Section 30707 - Waivers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A ward may
				  waive, with the concurrence of staff:
(1) The time
				  limits imposed by DDMS procedures, or
(2) The presence of witnesses or witness
				  statements at the fact finding hearing, or
(3) The entire fact finding hearing if the ward
				  makes a written admission of the allegations.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 6 - Behavior Management System › Article 1 - Disciplianary Decision Making System › Section 30708 - Ward Representation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a
				  representative is granted, then a staff member shall:
(1) Fully explain to the ward the importance,
				  meaning, and implication of any admission or waiver of procedural
				  guarantees.
(2) Collect relevant
				  information in advance of the hearing that could help the ward's case.
(3) Represent the ward's case at the
				  hearing.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 6 - Behavior Management System › Article 1 - Disciplianary Decision Making System › Section 30709 - Witness

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The accused
				  ward shall have the right to confront any staff member who has given information
				  against him, and have witnesses with relevant information present (or provide a
				  written witness statement) at the hearing, except when:
(1) Such information could pose a danger to
				  another ward or a non-staff member. In such a case, the testimony of the witness may
				  be heard by the fact finder in confidence.
(2) The testimony is redundant or irrelevant in
				  the judgment of the fact finder.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 6 - Behavior Management System › Article 1 - Disciplianary Decision Making System › Section 30710 - Fact Finding Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The fact
				  finding hearing shall establish whether or not the alleged behavior occurred. This
				  hearing shall be conducted:
(1) By a staff member
				  assigned by the superintendent who shall be known as "fact finder."
(A) Level A behavior: Any staff member selected
				  may serve.
(B) Level B behavior: The
				  staff member selected shall not be a member of the treatment team assigned to the
				  ward.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 6 - Behavior Management System › Article 1 - Disciplianary Decision Making System › Section 30711 - Disposition Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  disposition hearing shall be held when:
(1) A ward
				  is returned from the Departments of Corrections, or Mental Health or Developmental
				  Services facilities for disciplinary reasons.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 6 - Behavior Management System › Article 1 - Disciplianary Decision Making System › Section 30712 - Disposition Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Disposition
				  actions shall not be implemented until:
(1) The
				  ward has indicated that he does not wish to appeal the action, or
(2) The period of appeal has expired (see Sections
				  30713-30716), or
(3) The appeal procedure has been
				  completed
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 6 - Behavior Management System › Article 1 - Disciplianary Decision Making System › Section 30713 - Appeal Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A ward shall have a right to appeal disciplinary decision-making
					 action. Level A behaviors shall have one level of appeal. Level B behaviors shall
					 have one level of appeal.
1. Change without
					 regulatory effect renumbering title 15, section
					 4649 to title 9, section
					 30713 filed 2-13-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 7).
Note: Authority cited: Section
						1712,
						Welfare and Institutions Code. Reference: Sections
						1001,
						1002,
						1004
						and
						1752,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 6 - Behavior Management System › Article 1 - Disciplianary Decision Making System › Section 30714 - Level a Behavior: Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A level A behavior appeal shall include the following
					 procedures:
(a) Upon receiving a
				  disposition on Behavior Report, form YA 8.403, a ward may initiate an appeal of the
				  level A action by requesting an interview with the appropriate first-line
				  supervisor.
(b) The appeal shall be
				  initiated by the ward within 24 hours and heard within 72 hours upon notification of
				  appeal.
(c) The first-line supervisor
				  may grant, modify, or deny the appeal after personally interviewing the
				  ward.
(d) The first-line supervisor
				  shall record the appeal decision on the "Behavior Report," form YA 8.403, a copy of
				  which shall be provided to the ward.
1. Change without
					 regulatory effect renumbering title 15, section
					 4650 to title 9, section
					 30714 filed 2-13-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 7).
Note: Authority cited: Section
						1712,
						Welfare and Institutions Code. Reference: Sections
						1001,
						1002,
						1004
						and
						1752,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 6 - Behavior Management System › Article 1 - Disciplianary Decision Making System › Section 30715 - Criteria for Level B Behavior Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A ward has the right to appeal those disciplinary decision
					 making actions which meet at least one of the following criteria:
(a) There was a violation of procedural
				  safeguards, e.g.:
(1) The ward has no access to and
				  thereby no prior knowledge of the rules and related deprivations.
(2) The ward was not given a copy of the notice of
				  disciplinary hearing.
(3) The ward was
				  not advised of or was denied his right to representation.
(4) The ward was not given 24 hours to prepare his
				  case.
(5) The ward was not given the
				  opportunity to confront his accusers, except for confidential witnesses.
(6) The prescribed time limits for a hearing were
				  exceeded.
(7) The ward did not receive
				  an impartial hearing by an independent fact finder.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 6 - Behavior Management System › Article 1 - Disciplianary Decision Making System › Section 30716 - Level B Behavior: Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A level B behavior appeal shall include the following
					 procedures:
(a) A ward shall initiate an
				  appeal by completing an "Appeal of Decision" form (YA 8.410) and submitting one copy
				  to the superintendent's office within 48 hours after receiving the form.
(b) A ward shall have up to five working days in
				  which to prepare his appeal from the date of its submission to the superintendent.
				  This preparation time may be waived by the ward.
(c) The superintendent shall ensure that no report
				  is made to the Board on the disciplinary action under appeal until the appeal
				  process is completed.
(d) The
				  superintendent shall review all appropriate documents to determine if the ward has
				  been treated fairly and whether the ward's reasons for appeal meet the criteria
				  outlined in Section
				  30715.
(e) The superintendent shall make a decision on
				  the appeal action within five working days upon receipt of the appeal.
(f) The superintendent shall decide on the basis
				  of the written records of the case whether the appeal should be granted or denied,
				  or whether modification or other action is necessary to ensure fairness. If it is
				  necessary to interview the ward or have a hearing regarding the issue, both sides to
				  the action shall be heard.
(g) The
				  superintendent shall record the appeal decision on the "Appeal of Decision" form (YA
				  8.410). Each issue raised by the ward shall be addressed.
(h) The superintendent's decision and the reasons
				  for the decision shall be forwarded to the ward within two working days of the
				  decision.
1. Change without
					 regulatory effect renumbering title 15, section
					 4653 to title 9, section
					 30716, including amendment of subsection
					 (d), filed 2-13-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 7).
Note: Authority cited: Section
						1712,
						Welfare and Institutions Code. Reference: Sections
						1001,
						1002,
						1004
						and
						1752,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 2 - Offense Categories and Classification › Section 30805 - Determination by Court or Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The ward behavior described in parentheses in Sections
					 30807-30812 of this article citing Penal
					 Code offenses (e.g., kidnapping "(with substantial injury)" (207 Penal Code)) may be
					 determined by the court or the board. The board shall establish a parole
					 consideration date category in accordance with such determination.
1. Change without
					 regulatory effect adopting new article 2 (sections
					 30805-30813) and renumbering former
					 title 15, section
					 4950 to new title 9, section
					 30805, including amendment of section,
					 filed 3-2-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 10).
Note: Authority cited: Section
						1722,
						Welfare and Institutions Code. Reference: Sections
						1714,
						1719,
						1721
						and
						1723,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 2 - Offense Categories and Classification › Section 30806 - Definitions and Findings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of this article, the following definitions shall
					 apply:
(a) "Armed With Dangerous or Deadly
				  Weapon." This means that the ward or co-offender(s) was armed with or used a
				  dangerous or deadly weapon during the commission or attempted commission of a crime
				  for which he was committed to the Youth Authority.
(b) "Dangerous or Deadly Weapon." Any instrument
				  or weapon commonly known as a blackjack, martial arts weapon, sling shot, billyclub,
				  sandclub, sandbag, metal knuckles, dirk, dagger, pistol, revolver, pellet gun or any
				  other firearm, any knife used in the commission of a crime, any razor with an
				  unguarded blade and any metal pipe, bar, or object used or intended to be used as a
				  weapon.
(c) "Substantial Injury." This
				  means any injury that required or should have required medical attention beyond
				  minor medical treatment. This includes mental and emotional injury as well as
				  physical injury.
1. Change without
					 regulatory effect renumbering former title 15, section
					 4950.5 to new title 9, section
					 30806 filed 3-2-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 10).
Note: Authority cited: Section
						1722,
						Welfare and Institutions Code. Reference: Sections
						1176,
						1719,
						1721,
						1723, and
						1766 Welfare and Institutions
						Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 2 - Offense Categories and Classification › Section 30807 - Category 1 Offenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A parole consideration date interval of seven years shall be
					 established for those cases committed to the Youth Authority for offenses in this
					 category.
(a) Offenses.
(1) Murder-First Degree (187, 189, and 190 Penal
				  Code).
(2) Murder-Second Degree (187,
				  189, and 190 Penal Code).
(3) Kidnapping
				  with Death of Victim (207 and 209 Penal Code).
(4) Kidnapping (with substantial injury) (207 and
				  209 Penal Code).
(5) Torture (206 and
				  206.1 Penal Code).
(6) Conspiracy to
				  commit any Category 1 offense (182 Penal Code).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 2 - Offense Categories and Classification › Section 30808 - Category 2 Offenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A parole consideration date interval of four years shall be
					 established for those cases committed to the Youth Authority for offenses in this
					 category.
(a) Offenses.
(1) Voluntary Manslaughter (192 Penal
				  Code).
(2) Rape (in concert or with
				  substantial injury) (261 and all subsections and 264.1 Penal Code).
(3) Sodomy (in concert or with substantial injury)
				  (286 and all subsections Penal Code).
(4) Sexual Assault with a Foreign Object (in
				  concert or with substantial injury) (289 and 264.1 Penal Code).
(5) Oral Copulation (in concert or with
				  substantial injury) (288a and all subsections Penal Code).
(6) Lewd or Lascivious Act on Child Under 14 (Age
				  of defendant in relationship to victim to be considered as possible mitigation) (288
				  and all subsections Penal Code).
(7)
				  Kidnap for Ransom, Reward or Extortion (209(a) Penal Code).
(8) Kidnap during carjacking (209.5 Penal
				  Code).
(9) Explosion/attempt to explode
				  or ignite a destructive device with the intent to commit murder (12308 Penal
				  Code).
(10) Kidnap for Robbery (209[b]
				  Penal Code).
(11) Conspiracy to commit
				  any Category 2 offense (182 Penal Code).
(12) Attempt of any Offense in Category
				  1.
(13) Continuous sexual abuse of a
				  child (288.5 Penal Code and all subsections).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 2 - Offense Categories and Classification › Section 30809 - Category 3 Offenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A parole consideration date interval of three years shall be
					 established for those cases committed to the Youth Authority for offenses in this
					 category.
(a) Offenses:
(1) Sexual Assault with a Foreign Object (289(a)
				  Penal Code).
(2) Rape (261 and all
				  subsections Penal Code).
(3) Sodomy (286
				  and all subsections Penal Code).
(4)
				  Oral Copulation (288a and all subsections Penal Code).
(5) Kidnap (207 Penal Code).
(6) Robbery (armed with dangerous or deadly weapon
				  and with substantial injury) (211 Penal Code).
(7) Robbery of an inhabited dwelling (212.5 Penal
				  Code).
(8) Robbery-Operator of
				  Transportation Vehicle For Hire (212.5 Penal Code).
(9) Assault with Deadly Weapon or Force Likely to
				  Produce Great Bodily Injury upon a peace officer, fireman, custodial officer,
				  transportation worker or school personnel (245(a), (b), 245.2 and 245.3 Penal
				  Code).
(10) Assault with Firearm (on a
				  peace officer/fireman) (245(a)(2) and 245(c) Penal Code).
(11) Grand Theft Person (armed with dangerous or
				  deadly weapon and with substantial injury) (487(2) Penal Code).
(12) Burglary (armed with dangerous or deadly
				  weapon and with substantial injury) (459 and 460 Penal Code).
(13) Shooting at Inhabited Dwelling House,
				  Occupied Building or Vehicle (with substantial injury) (246 Penal Code).
(14) Arson (that causes great bodily injury) or is
				  Committed During a State of Insurrection or Emergency (451 and 454 Penal
				  Code).
(15) Mayhem (203 Penal
				  Code).
(16) Vehicular Manslaughter (with
				  gross negligence) (192(c) Penal Code).
(17) Gross Vehicular Manslaughter While
				  Intoxicated (191.5 Penal Code).
(18)
				  Carjacking (215 Penal Code).
(19) Kidnap
				  with the Intent to Commit Rape, Oral Copulation, Sodomy or Rape by Instrument
				  (208(d) Penal Code).
(20) Discharging a
				  Firearm from a Motor Vehicle with substantial injury (12034(c), Penal
				  Code).
(21) Conspiracy to commit any
				  Category 3 offense (182 Penal Code).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 2 - Offense Categories and Classification › Section 30810 - Category 4 Offenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A parole consideration date interval of two years shall be
					 established for those cases committed to the Youth Authority for offenses in this
					 category.
(a) Offenses:
(1) Vehicular Manslaughter (192(c) Penal
				  Code).
(2) Involuntary Manslaughter
				  (192(b) Penal Code).
(3) Robbery (Armed
				  With Dangerous or Deadly Weapon or With Substantial Injury) (211 Penal
				  Code).
(4) Assault with Caustic
				  Chemicals (244 Penal Code).
(5) Assault
				  with a Deadly Weapon or Force Likely to Produce Great Bodily Injury (with
				  substantial injury) (245(a)(1) Penal Code).
(6) Assault with Firearm (with substantial injury)
				  (245(a)(2) Penal Code).
(7) Assault with
				  Intent to Commit Rape, etc. (220 Penal Code).
(8) Child Cruelty Likely to Produce Great Bodily
				  Injury or Death (273a(1) Penal Code).
(9) Extortion (518 and 520 Penal Code).
(10) Grand Theft Person (armed with dangerous or
				  deadly weapon or with substantial injury) (487(2) Penal Code).
(11) Burglary (armed with dangerous or deadly
				  weapon or with substantial injury) (459 and 460 Penal Code).
(12) Shooting at Inhabited Dwelling House,
				  Occupied Building or Vehicle (246 Penal Code).
(13) Arson (451 Penal Code).
(14) Recklessly Causing a Fire of any Structure,
				  Forest Land, or Property (with substantial injury) (452 Penal Code).
(15) Sale, Possession for Sale, Transportation, or
				  Furnishing of Controlled Substance, Narcotics, Marijuana.
(16) Maintaining Place for Selling, Using of
				  Certain Controlled Substances or Specified Narcotics (11366 Health and Safety
				  Code).
(17) Any other felony including
				  attempted felony not listed in Categories 1 through 3 (with substantial
				  injury).
(18) Conspiracy to commit any
				  Category 4 offense (182 Penal Code).
(19) Discharging a Firearm from a Motor Vehicle
				  (12034(c), Penal Code)
(20) Attempt of
				  any offenses in Categories 2 and 3.
(21)
				  Recommitment for any offense listed in Category 5 and 6 with a prior commitment for
				  any offense in Categories 1 through 6.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 2 - Offense Categories and Classification › Section 30811 - Category 5 Offenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A parole consideration date interval of eighteen months shall be
					 established for those cases committed to the Youth Authority for offenses in this
					 category.
(a) Offenses:
(1) Assault with A Deadly Weapon or Force Likely
				  to Produce Great Bodily Injury (245(a) Penal Code).
(2) Battery (with substantial bodily injury) (242,
				  243(d), 243.2, 243.3, 243.6 Penal Code).
(3) Battery Upon a Peace Officer, Fireman or Upon
				  a Custodial Officer (243.1, 243(b), 243(c) Penal Code).
(4) Recklessly Causing a Fire of Inhabited
				  Structure or Property (452(b) Penal Code).
(5) Robbery (211 Penal Code).
(6) Grand Theft Person (487(2) Penal
				  Code).
(7) Burglary, 1st Degree (459 or
				  460 Penal Code).
(8) Accessory to Murder
				  (32 Penal Code).
(9) Sexual Battery
				  (243.4 Penal Code).
(10) Intimidation of
				  Witness by Force or Fear; in furtherance of a conspiracy; for pecuniary gain; or by
				  a repeat offender (136.1(c) Penal Code).
(11) Conspiracy to commit any Category 5 offense
				  (182 Penal Code).
(12) Attempt of any
				  Category 4 Offense.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 2 - Offense Categories and Classification › Section 30812 - Category 6 Offenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A parole consideration date interval of one year shall be
					 established for those cases committed to the Youth Authority for offenses in this
					 category.
(a) Offenses:
(1) Concealable Firearms (12021, 12025 Penal
				  Code).
(2) Possession of Explosives,
				  Flammable Matter or Fire Bomb (452(a) Penal Code).
(3) Recklessly Causing Fire to Uninhabited
				  Structure or Forest Land (452(c) Penal Code).
(4) Burglary, 2nd Degree (459, 460 Penal
				  Code).
(5) All Felony Offenses Not
				  Listed.
(6) Conspiracy to commit any
				  Category 6 offense (182 Penal Code).
(7)
				  An Attempt of Any Category 5 offense.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 2 - Offense Categories and Classification › Section 30813 - Category 7 Offenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A parole
				  consideration date of one year or less shall be established for those cases
				  committed to the Youth Authority for offenses not listed in Categories 1 through 6.
				  This provision also applies to a case in which parole has been revoked for technical
				  violation.
(b) Panels, Deviation, and
				  Modification.
(1) All cases in this category may
				  be heard by a referee at the initial hearing and all subsequent hearings. At the
				  initial hearing, the referee may approve a six-month deviation from the prescribed
				  parole consideration date.
(2) A referee
				  may in any annual review year modify an established parole consideration date by six
				  months with the exception of the following:
(A) A
				  referee may in any annual review year modify an established parole consideration
				  date downward by up to 12 months for cases in designated accelerated
				  treatment/counseling programs which have a duration of one year or less.
(B) A referee may modify an established parole
				  considerate date up to 12 months for DDMS behavior.
(3) A recommendation of a referee for deviation or
				  modification in excess of the foregoing shall be submitted to a full Board panel for
				  decision.
(4) A full Board panel may
				  approve an additional twelve-month deviation or modification to the prescribed or
				  established parole consideration date in any annual review year, except that a full
				  Board is not limited in its ability to modify a parole consideration date upward for
				  DDMS behavior.
(5) A recommendation of a
				  full Board panel for deviation or modification in excess of the foregoing shall be
				  submitted to the Full Board En Banc for decision.
(6) The full Board en banc is not limited in its
				  ability to deviate or modify.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 3 - Parole Consideration Date › Section 30816 - Confinement Time Interval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Full Board panel shall be unlimited in their authority to
					 set the confinement time interval for up to a maximum of two years in those cases
					 where continued confinement has been extended per W&I Code Section
					 1800. In these cases, the committing
					 court has granted an order directing that the ward remain subject to the control of
					 the Youth Authority beyond the time originally scheduled and determined that the
					 discharge of a person from the control of the Youth Authority would be physically
					 dangerous to the public because of the person's mental or physical deficiency,
					 disorder or abnormality.
1. Change without
					 regulatory effect renumbering former title 15, section
					 4945.5 to new title 9, section
					 30816 filed 3-2-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 10).
Note: Authority cited: Sections
						1800
						and
						1802,
						Welfare and Institutions Code. Reference: Sections
						1721,
						1723,
						1769,
						1770
						and
						1771,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 3 - Parole Consideration Date › Section 30817 - Discharge Consideration Hearing for Youth Committed for an Offense Under PC 290.008(c)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This
				  regulatory action enables the Division of Juvenile Justice (DJJ) and the Board of
				  Juvenile Hearings to realign the impacted youth as outlined in (b) with the
				  necessary support to meet their specific needs, particularly reentry support, in
				  order to prevent risks of being unhoused upon release, facilitate the closure of the
				  DJJ as intended by the legislature, and protect the public.
(b) A youth who is committed to the California
				  Department of Corrections and Rehabilitation, Division of Juvenile Justice for an
				  offense listed in subdivision (c) of section
				  290.008 of the Penal
				  Code shall appear before the Board of Juvenile Hearings for a discharge
				  consideration hearing in June 2023.
(c)
				  Subsection (b) does not apply to a youth who is committed for an offense listed in
				  Welfare and Institutions Code section
				  707,
				  subdivision (b).
1. New section
					 filed 4-18-2023 as an emergency; operative 5-1-2023 pursuant to Penal Code section
					 5058.3. A
					 Certificate of Compliance must be transmitted to OAL by 10-9-2023 or emergency
					 language will be repealed by operation of law on the following day (Register 2023,
					 No. 16).
Note: Authority cited: Section
						5058, Penal Code;
						Section
						12838.65,
						Government Code; and Section
						1712,
						Welfare and Institutions Code. Reference: Sections
						736.5
						and
						1719,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 4 - Actions in Institutions › Section 30825 - Prohibited Institution Behavior and Sanctions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Institutions and camps shall report to the board at his next
					 board appearance, any ward found by Disciplinary Decision Making System (DDMS)
					 proceedings to have engaged in any prohibited behavior as enumerated in this
					 section.
(a) Staff Reports. Staff reports
				  shall include:
(1) The date, a description of the
				  specific behavior, and the specific finding of fact for each incident. All such
				  behavioral incidents shall be listed in chronological order in progress or annual
				  review reports.
(2) Any disciplinary
				  action imposed by staff at institutions or camps, including program adjustment and
				  detention information, shall also include the reasons therefor.
(3) A recommendation when the board is asked to
				  impose a sanction.
(4) A statement of
				  reasons when recommending the board deviate from the sanctions prescribed by this
				  section for prohibited behavior.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 4 - Actions in Institutions › Section 30826 - Furloughs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A furlough is a temporary release from an institution or camp
					 granted by the Board. Properly authorized escorted activities are not
					 furloughs.
(a) Criteria. Except where
				  specifically indicated otherwise:
(1) Furlough
				  hearings are appearance hearings.
(2) A
				  Full Board panel may approve furloughs for Category 1, 2 and 3 cases, and those
				  cases specifically designated to be heard by a three-person panel.
(3) A Board panel may approve Category 4 and 5
				  cases.
(4) A Referee may approve
				  Category 6 and 7 cases.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 5 - Appeals › Section 30835 - General Policy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An appeal is a written request to the Executive Officer or
					 his/her designee for relief from any Juvenile Parole Board Order or policy which
					 affects an individual youth. Appeals may be filed by the youth, parent or duly
					 appointed guardian if the youth is under 18 years of age, or by an attorney
					 representing the youth. A youth shall be provided an Appeal Form, DJJ 1.316 (Rev
					 10/07), incorporated by reference, to submit appeals, while other eligible
					 appellants may appeal by letter. The time limitations in which an appeal may be
					 filed as set forth in this chapter may be waived by the Executive Officer or his/her
					 designee.
1. Change without
					 regulatory effect adopting new article 5 (sections
					 30835-30840) and renumbering former
					 title 15, section
					 4935 to new title 9, section
					 30835 filed 3-2-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 10).
Note: Authority cited: Section
						1719,
						Welfare and Institutions Code. Reference: Section
						1723,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 5 - Appeals › Section 30836 - Appeal Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The basis for appeal shall be one or more of the
					 following:
(a) The decision of the Juvenile
				  Parole Board was based on a mistake of law.
(b) The decision of the Juvenile Parole Board was
				  based on a mistake of fact.
(c) The
				  Juvenile Parole Board failed to provide an impartial hearing officer.
(d) The decision of the Juvenile Parole Board was
				  contrary to any of the provisions contained in this chapter, and the outcome of the
				  hearing would have been substantially different had the provisions been
				  followed.
(e) The audio recording of the
				  hearing is inaudible.
(f) There are
				  extraordinary circumstances involved in the case which require Juvenile Parole Board
				  action in order to further the interest of justice.
1. Change without
					 regulatory effect renumbering former title 15, section
					 4936 to new title 9, section
					 30836, including amendment of subsection
					 (d), filed 3-2-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 10).
Note: Authority cited: Section
						1766,
						Welfare and Institutions Code. Reference: Sections
						1719
						and
						1723,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 5 - Appeals › Section 30837 - Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All appeals
				  will be decided by the Executive Officer or his/her designee.
(b) The first level of appeal is the Executive
				  Officer or his/her designee.
(c) The
				  second level of appeal is the appeal panel which has the same composition as a Full
				  Board Panel. Whenever possible, the appeal panel shall not include those persons
				  whose decision is being appealed.
(d)
				  The final level of appeal is the Full Board En Banc.
1. Change without
					 regulatory effect renumbering former title 15, section
					 4937 to new title 9, section
					 30837 filed 3-2-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 10).
Note: Authority cited: Section
						1725,
						Welfare and Institutions Code. Reference: Sections
						1719
						and
						1723,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 5 - Appeals › Section 30838 - Time Limits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) There is a
				  20 business day time limit from the date of receipt of the written decision to file
				  an appeal.
(b) The Executive Officer or
				  his/her designee shall decide on the appeal within ten (10) business days of receipt
				  of the appeal.
(c) No appeal shall be
				  dismissed or denied because of technical defects.
(d) The appeal decision shall be served on the
				  youth within five (5) business days of the appeal decision.
(e) Appeals from the decision of the Executive
				  Officer or his/her designee shall be filed within ten (10) business days of receipt
				  of the decision, and may be filed only when there is substantial new evidence not
				  previously available to the Juvenile Parole Board.
(f) Rehearings for appeals shall be scheduled
				  within ten (10) business days of the order of any appeal body. Rehearings may be
				  granted when a determination is made that there is insufficient information upon
				  which to make an informed decision. Factual material deemed critical to the case
				  decision shall be made known to those conducting the rehearing. Whenever possible,
				  the rehearing shall be conducted by persons other than those persons whose decision
				  was appealed.
1. Change without
					 regulatory effect renumbering former title 15, section
					 4938 to new title 9, section
					 30838 filed 3-2-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 10).
Note: Authority cited: Section
						1719,
						Welfare and Institutions Code. Reference: Sections
						1723
						and
						1725,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 5 - Appeals › Section 30839 - Authorized Appeal Actions for Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Executive Officer or his/her designee may take any one of the following actions:
(1) Deny the appeal.
(2) Order a rehearing.
(3) Order the matter referred to the appeal
				  panel.
(4) Order the matter referred to
				  the Full Board En Banc, when the Executive Officer or his/her designee:
(A) Determines a unanimous Full Board En Banc
				  panel decision merits further action.
(B) Determines an appeal justifies reconsideration
				  of a Juvenile Parole Board policy.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 5 - Appeals › Section 30840 - Orders and Completion of Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every
				  decision of the Executive Officer or his/her designee shall be recorded on an Appeal
				  Board Order, DJJ 1.311 (Rev 11/08). The Appeal Board Order, DJJ 1.311 (Rev 11/08)
				  shall state the reasons for the action taken and how the authorized criteria were
				  applied to the issues raised in the appeal. The Executive Officer or his/her
				  designee shall forward a copy of the Appeal Board Order, DJJ 1.311 (Rev 11/08 and
				  such communication as he/she deems appropriate to the appellant within five (5)
				  business days from the date of decision.
1. Change without
					 regulatory effect renumbering former title 15, section
					 4940 to new title 9, section
					 30840 filed 3-2-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 10).
Note: Authority cited: Section
						1719,
						Welfare and Institutions Code. Reference: Sections
						1723
						and
						1725,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 6 - General Rules on Hearings › Section 30845 - Initial Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Parole
				  Consideration Date. The Board will hear the case of each ward committed to the Youth
				  Authority, taking into consideration probation's case study, at a non-appearance
				  file review to confirm or modify the ward's category, initial parole consideration
				  date and date of next annual review ascertained by the Youth Authority's Intake and
				  Court Services Unit upon reviewing the ward's file from the courts. The ward's
				  category, initial parole consideration date and annual review date will be set in a
				  Board Order at the ward's first appearance hearing.
(b) (Reserved)
(c) A copy of the police arrest report for the
				  offense for which the ward was committed to the Youth Authority and a copy of the
				  ward's criminal history information from the California Department of Justice shall
				  be included as part of the ward's case file.
1. Change without
					 regulatory effect adopting new article 6 (sections
					 30845-30851) and renumbering former
					 title 15, section
					 4941 to new title 9, section
					 30845 filed 3-2-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 10).
Note: Authority cited: Section
						1721,
						Welfare and Institutions Code. Reference: Sections
						1714(b),
						1719,
						1720(a) and
						(b),
						1730,
						1731.5,
						1741
						and
						1766(b),
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 6 - General Rules on Hearings › Section 30846 - Rules for Hearings in Institutions and Camps

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Attendance
				  at Hearings. Attendance at hearings in institutions and camps is limited to:
(1) Appropriate administrative and treatment team
				  staff and a clerk when available.
(2) A
				  ward's parents, guardians, spouse or a relative designated by a parent or guardian,
				  shall be permitted to attend a Board hearing as observers; however, any of these
				  persons may be excluded by the Board for good cause, and shall be excluded if the
				  ward makes a reasonable objection to their presence. Reasons for exclusion shall be
				  set forth in writing by a memorandum to the case file by the Board panel
				  chairperson.
(3) Members of the public
				  having a professional interest in the work of the Board or the Youth Authority or in
				  a specific ward or hearing may be permitted to attend those hearing in which they
				  have a particular interest as observers. Observers may not represent wards.
				  Representation is governed by §
											4979 of these regulations. If the ward
				  objects to their presence, such observers shall be excluded from the hearing room
				  unless otherwise authorized by statute.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 6 - General Rules on Hearings › Section 30847 - Level of Decision Making

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The classification or category of youth cases or the type of
					 hearing determines the level of decision making exercised by the Juvenile Parole
					 Board. This chapter sets forth certain case decisions which shall be made by the
					 Full Board En Banc or by a Board Panel. A referee is authorized to make youth case
					 decisions in all hearings for Categories 6 and 7 (Sections
					 30812 -
					 30813), and annual and progress reviews
					 for youth housed at or committed to any non-Division of Juvenile Justice facility.
					 Hearings may be conducted by the authorized or a higher level of decision
					 making.
1. Change without
					 regulatory effect renumbering former title 15, section
					 4925 to new title 9, section
					 30847, including amendment of section,
					 filed 3-2-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 10).
Note: Authority cited: Sections
						1712
						and
						1719,
						Welfare and Institutions Code. Reference: Sections
						1703(d),
						1719
						and
						1723,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 6 - General Rules on Hearings › Section 30848 - Case Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In order
				  for a case decision made by the Full Board En Banc or a Board Panel to be effective,
				  a majority of the Juvenile Parole Board members present shall agree in the
				  decision.
(b) All case decisions shall
				  be recorded on a written Juvenile Parole Board Order. Youth/parolees/parole
				  violators shall be given a copy of the Juvenile Parole Board Order for their
				  case.
1. Change without
					 regulatory effect renumbering former title 15, section
					 4926 to new title 9, section
					 30848 filed 3-2-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 10).
Note: Authority cited: Sections
						1712
						and
						1719,
						Welfare and Institutions Code. Reference: Sections
						1703(d),
						1719
						and
						1723,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 6 - General Rules on Hearings › Section 30849 - Youth Appearance and Audio Recording of Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  hearings shall be audio recorded when the youth is present. The youth who is the
				  subject of the hearing, his/her attorney, and with the youth's consent, anyone else
				  eligible to appeal a Juvenile Parole Board Order, shall be permitted to listen to
				  the recording. Recordings shall be retained for a period of 15 months from the date
				  of the hearing.
(b) A youth shall attend
				  all Division of Juvenile Justice facility hearings, with the exception of:
(1) Youth unable to attend due to medical reasons
				  as determined by Division of Juvenile Justice medical staff.
(2) Youth housed at or committed to any
				  non-Division of Juvenile Justice facility.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 6 - General Rules on Hearings › Section 30850 - Board Panel Unable to Agree and Dissents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a
				  Juvenile Parole Board panel is unable to agree on a case decision, the matter shall
				  be referred to the Executive Officer or his/her designee. Each hearing officer shall
				  prepare a proposed Juvenile Parole Board Order setting forth his/her motion and the
				  reasons for his/her order. The Executive Officer or his/her designee shall consider
				  the case and concur with one of the proposed orders.
(b) In cases in which a hearing officer dissents
				  from a Full Board Panel or Full Board En Banc decision, he/she shall so indicate on
				  the Juvenile Parole Board Order and shall state his/her reason(s) on the
				  order.
1. Change without
					 regulatory effect renumbering former title 15, section
					 4928 to new title 9, section
					 30850 filed 3-2-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 10).
Note: Authority cited: Section
						1712,
						Welfare and Institutions Code. Reference: Sections
						1719
						and
						1723,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 6 - General Rules on Hearings › Section 30852 - General Discharge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A youth may be discharged from the youth's commitment to the
					 Division:
(a) Upon the death of the
				  youth.
(b) When the youth will no longer
				  benefit from further treatment within the Division and is not likely to be a danger
				  to oneself and the public.
1. New section
					 filed 5-20-2021; operative 7-1-2021 (Register 2021, No. 21).
Note: Authority cited: Section
						1722,
						Welfare and Institutions Code. Reference: Sections
						736,
						1714,
						1719
						and
						1766,
						Welfare and Institutions Code.