reglab/statecodes huggingface dataset:
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 9 - Referral, Rescission, and Release on Parole › Section 30865 - Referral to Parole

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board orders a ward referred to parole. Referrals to parole
					 shall be made when the Board determines that a ward, under supervision and with
					 appropriate conditions of parole, is likely to present no significant danger to the
					 public. A denial of parole pursuant to this standard shall be supported by a
					 statement of reasons on the Board Order. The statement will include specific
					 findings concerning the ward's background, performance, and propensities as set
					 forth in Section
					 30815(h), (i) and
					 (j).
(b)
				  (Reserved)
1. Change without
					 regulatory effect adopting new article 9 (sections
					 30865-30868) and renumbering former
					 title 15, section
					 4966 to new title 9, section
					 30865 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,
						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 9 - Referral, Rescission, and Release on Parole › Section 30866 - Out of State Referrals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board may refer to parole any ward for investigation of
					 placement out of state in accordance with interstate compacts for juveniles and
					 adults.
(a) Wards whose legal residence is
				  outside of California shall meet the same criteria for referral to parole as
				  resident wards.
(b) A court order
				  committing a ward to the Youth Authority for return to his state of residence will
				  be considered, however, the Board is not bound by such court order.
(c) Wards whose residence is in California may be
				  referred to parole for placement in another state.
(d) (Reserved)
1. Change without
					 regulatory effect renumbering former title 15, section
					 4967 to new title 9, section
					 30866 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
						1009,
						1714,
						1719
						and
						1300-
						1308,
						Welfare and Institutions Code; and Section
						1203, 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 9 - Referral, Rescission, and Release on Parole › Section 30867 - Rescission of Referral to Parole

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board may for good cause, after a hearing, rescind a
					 referral to parole.
(a) Criteria for
				  rescission. After referral to parole, institution staff shall initiate rescission
				  proceedings when:
(1) A ward is involved in a
				  serious disciplinary incident.
(2) A
				  serious deterioration has taken place in a ward's mental or emotional status which
				  makes him a danger to himself or other persons.
(3) A ward has been referred to parole in the
				  mistaken belief his confinement time has been exhausted, and who does not meet the
				  standards for referral to parole as set forth in Section
				  30865.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 9 - Referral, Rescission, and Release on Parole › Section 30868 - Release on Parole

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Foster Home
				  Placement. The Board shall approve foster home placement of any ward. This approval
				  may be given in the referral order. A full board panel shall approve all orders for
				  foster home placement in the home of a Youth Authority employee or a Youthful
				  Offender Parole Board Member or employee.
(b) (Reserved)
(c) Time Limits.
(1) When staff is authorized to approve a
				  placement plan, release of the ward shall be within 60 days of the referral order.
				  When this is not accomplished the case shall be calendared for Board review and
				  decision.
(2) A ward who is under Youth
				  Authority commitment to a county facility shall be released within seven calendar
				  days from the date of release ordered by the Board. Any exception to this
				  requirement shall be approved by the Board.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 10 - Honorable Discharge of Youth › Section 30885 - Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board is authorized by law to grant an honorable discharge
					 to youth committed to the Division.
(a) A
				  youth previously committed to the Division may file a petition for an honorable
				  discharge upon completion of local probation supervision, but no sooner than 18
				  months following the date of discharge by the Board, as outlined in section
				  4994.
(b) A youth previously housed in the Division, as
				  authorized by Welfare and Institutions Code sections
				  1731.5
				  or
				  1731.7,
				  may file a petition for an honorable discharge upon completion of parole or local
				  probation supervision, but no sooner than 18 months following the date of release,
				  as outlined in section
				  4994.
1. Change without
					 regulatory effect adopting new article 10 (sections
					 30885-30888) and renumbering former
					 title 15, section
					 4986 to new title 9, section
					 30885 filed 3-2-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 10).
2. Amendment of article heading,
					 section and NOTE filed 5-20-2021; operative 7-1-2021 (Register 2021, No. 21).
Note: Authority cited: Sections
						1177,
						1178,
						1179,
						1712,
						1719
						and
						1722,
						Welfare and Institutions Code. Reference: Sections
						1177,
						1178,
						1179,
						1731.5,
						1731.7,
						1765,
						1766,
						1769,
						1770,
						1771
						and
						1772,
						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 10 - Honorable Discharge of Youth › Section 30886 - Hearing Panels

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A petition
				  for honorable discharge shall be considered by a two-member hearing panel.
(b) An appeal of an honorable discharge denial
				  shall be considered by a two-member hearing panel. Whenever possible, the appeal
				  panel shall not include those persons whose decision is being appealed.
(c) When a two-member hearing panel is unable to
				  agree on a disposition, the matter shall be referred to the Executive Officer as
				  outlined in section
				  4928 of Chapter 1, Article 6.
1. New section
					 filed 5-20-2021; operative 7-1-2021 (Register 2021, No. 21).
Note: Authority cited: Sections
						1712,
						1721
						and
						1722,
						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 10 - Honorable Discharge of Youth › Section 30887 - Modification of Discharge. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
					 regulatory effect renumbering former title 15, section
					 4989 to new title 9, section
					 30887 filed 3-2-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 10).
2. Repealer filed 5-20-2021;
					 operative 7-1-2021 (Register 2021, No. 21).
Note: Authority cited: Section
						1722,
						Welfare and Institutions Code. Reference: Section
						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 10 - Honorable Discharge of Youth › Section 30888 - Discharge of Out-of-State Cases. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
					 regulatory effect renumbering former title 15, section
					 4990 to new title 9, section
					 30888, including amendment of
					 subsections (a) and (b), filed 3-2-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 10).
2. Repealer filed 5-20-2021;
					 operative 7-1-2021 (Register 2021, No. 21).
Note: Authority cited: Section
						1722,
						Welfare and Institutions Code. Reference: Section
						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 11 - Honorable Discharge Process › Section 30890 - Honorable Discharge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A youth may
				  be granted an honorable discharge when the youth has desisted from criminal behavior
				  and shown sustained effort in one or more of the following areas:
(1) Obtaining employment;
(2) Pursuing education;
(3) Developing a vocation;
(4) Strengthening familial
				  relationships;
(5) Engaging in the
				  community;
(6) Building a network of
				  supportive adults, positive peers, or both; or
(7) Other endeavors that helped the youth re-enter
				  the community safely or transition into adulthood successfully.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 11 - Honorable Discharge Process › Section 30891 - Petitioning for an Honorable Discharge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  applicant shall submit a written petition for consideration of an honorable
				  discharge to the Executive Officer.
(b)
				  The petition shall include a personal statement to the Board that shows sustained
				  effort in the areas outlined in section
				  4994. The personal statement shall
				  include a summary of the applicant's accomplishments, and an account of any criminal
				  behavior, if applicable, including information that addresses the factors outlined
				  in section 4994(c)(4). The
				  personal statement may be accompanied by any of the following:
(1) Letters from employers or documentation of
				  employment history;
(2) Documentation of
				  enrollment in or completion of educational courses;
(3) Letters or certificates as proof of enrollment
				  in or completion of community treatment programs;
(4) Letters from program directors as proof of
				  volunteerism or mentoring;
(5) Letters
				  from personal references;
(6)
				  Documentation of efforts toward paying restitution; and
(7) Any additional relevant information the
				  applicant would like the Board to consider.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 11 - Honorable Discharge Process › Section 30892 - Honorable Discharge Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  honorable discharge hearing shall be scheduled to occur as soon as practical but no
				  later than 60 calendar days from the date a complete application has been received.
(1) The applicant shall be notified of the date,
				  time, and place of the scheduled hearing at least 10 calendar days prior to the
				  hearing.
(2) The applicant shall be
				  notified of the right to appear before the Board at the hearing and to submit any
				  additional information.
(3) The
				  timeframe in subsection (a) may be extended up to 30 calendar days upon request of
				  the applicant.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 11 - Honorable Discharge Process › Section 30893 - Stay of Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board
				  may order a stay of proceedings, not to exceed 180 calendar days, if it is
				  determined additional information or evidence is necessary to meet the criteria for
				  an honorable discharge, which may include:
(1) The
				  applicant's participation in the hearing, either in-person or by video-conference;
				  or
(2) Submission of additional
				  documentation in support of the petition.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 11 - Honorable Discharge Process › Section 30894 - Honorable Discharge Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Following
				  the denial of an honorable discharge, an applicant may submit a written appeal to
				  the Executive Officer, based upon any of the following:
(1) The decision of the Board was based on a
				  mistake of law;
(2) The decision of the
				  Board was based on a mistake of fact;
(3) The Board failed to provide an impartial
				  hearing officer; or
(4) The decision of
				  the Board was contrary to any of the provisions contained in Division 4.5 of Title
				  15, California Code of Regulations, and the outcome of the hearing would have been
				  substantially different had the provisions been followed.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 11 - Honorable Discharge Process › Section 30895 - Honorable Discharge Appeal Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An appeal
				  hearing shall be set to occur no later than 45 calendar days from the date of
				  receipt of the appeal.
(1) The applicant shall be
				  notified of the date, time, and place of the scheduled hearing, at least 10 calendar
				  days prior to such hearing.
(2) The
				  applicant shall be notified of the right to appear before the Board at the hearing,
				  and to submit a written statement.
(3)
				  The timeframe in subsection (a) may be extended up to 30 calendar days upon request
				  of the applicant.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 11 - Honorable Discharge Process › Section 30896 - Honorable Discharge Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  applicant may submit a petition for reconsideration any time new information becomes
				  available following denial of an honorable discharge, but no sooner than 180
				  calendar days from the most recent denial of honorable discharge.
(b) Petitions for reconsideration shall be
				  submitted in writing to the Executive Officer and should include any new information
				  to be considered by the Board.
(c) Upon
				  receipt of a petition for reconsideration, an honorable discharge hearing shall be
				  scheduled as outlined in section
				  4994.5.
(d) If the petition for reconsideration is
				  submitted more than two years from the date of the original petition, the applicant
				  must re-submit a complete petition as outlined in section
				  4994.3.
1. New section
					 filed 5-20-2021; operative 7-1-2021 (Register 2021, No. 21).
Note: Authority cited: Sections
						1712,
						1721
						and
						1722,
						Welfare and Institutions Code. Reference: Sections
						1177,
						1178,
						1179,
						1723,
						1766
						and
						1772,
						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 11 - Honorable Discharge Process › Section 30897 - Dishonorable Discharge. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
					 regulatory effect renumbering former title 15, section
					 4997 to new title 9, section
					 30897 filed 3-2-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 10).
2. Repealer filed 5-20-2021;
					 operative 7-1-2021 (Register 2021, No. 21).
Note: Authority cited: Section
						1722,
						Welfare and Institutions Code. Reference: Sections
						1714,
						1719
						and
						1766,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 8 - Safety and Security › Article 1 - General Provisions › Section 30913 - Warrants of Arrest/Detention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A superintendent shall have the authority to issue warrants of
					 arrest for wards assigned to that institution or camp. Warrants of arrest authorize
					 and direct any peace officer of the State of California to arrest and/or detain a
					 specified ward. The superintendent may issue a warrant when the ward has
					 jurisdiction and confinement time remaining and at least one of the following
					 situations exists:
(a) A ward is to be
				  removed from the institution for a court-ordered appearance and a warrant is deemed
				  necessary to ensure the ward's return to the institution.
(b) A ward meets temporary restriction criteria,
				  as defined in Section
				  30915, and requires detention in a local
				  juvenile or adult facility.
(c) A ward
				  is referred to court for prosecution and requires detention in a local juvenile or
				  adult facility.
(d) A ward leaves the
				  boundaries of the institution without permission or is otherwise identified as an
				  escapee.
1. Change without
					 regulatory effect adopting chapter 8 (articles 1-7, sections
					 30913-30978), article 1 (sections
					 30913-30916) and renumbering title 15,
					 section 4704 to title 9, section
					 30913, including amendment of subsection
					 (b), 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: Section
						1767.3,
						Welfare and Institutions Code; and Sections
						830.5 and
						836, Penal
						Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 8 - Safety and Security › Article 1 - General Provisions › Section 30914 - Collection of DNA Specimens

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department shall provide written notice to all wards that the DNA and Forensic
				  Identification Database and Data Bank Act of 1998 (Part 1, Title 9, Chapter 6,
				  Articles 1 through 7, §§
										295 et seq., of the Penal Code),
				  requires that all wards and parolees under the jurisdiction of the Department after
				  having been convicted of, found guilty of, having pled guilty or no contest to, or
				  having been found not guilty by reason of insanity for, any felony offense, or whose
				  records indicate a prior conviction for such an offense, or any juvenile who is
				  adjudicated under Section
				  602
				  of the Welfare and Institutions Code for committing any felony offense, shall
				  provide all of the following required specimens, to be submitted to the Department
				  of Justice (DOJ) as soon as administratively practicable:
(1) One Buccal Swab.
(2) Two Right Thumb Print Impressions.
(3) Full Right and Left Full Palm Print
				  Impressions.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 8 - Safety and Security › Article 1 - General Provisions › Section 30915 - Temporary Restriction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A ward may
				  be temporarily restricted to secure quarters or have off-grounds privileges withheld
				  when he/she is:
(1) A danger to others.
(2) A danger to himself/herself.
(3) In danger from others.
(4) An escape risk.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 8 - Safety and Security › Article 1 - General Provisions › Section 30916 - Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An accused
				  ward, including a ward referred to parole by the Board:
(1) May be given a polygraph test as prescribed in
				  Section 30965, or
(2) May, upon his request, be given a polygraph
				  test if:
(A) The ward is accused of being in
				  possession of contraband and such contraband is found in a place to which other than
				  staff have access, and
(B) There is no
				  evidence other than the location of where the contraband was found to link the ward
				  to the possession of the contraband.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 8 - Safety and Security › Article 3 - Emergencies › Section 30935 - Emergency Situations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Director may suspend the provisions of these regulations pertaining to time limits
				  and/or non-critical care, services, and procedures in the event of a significant
				  disruption of and/or interference with normal operations, such as natural disasters,
				  riots, escapes, strikes or other work actions, or other emergency situations, as
				  determined by the Director.
(b) Such
				  suspension of regulations shall be only to the extent reasonably necessary to
				  properly cope with the disruption or interference and only for the period of such
				  disruption or interference.
1. Change without
					 regulatory effect adopting article 3 (sections
					 30935-30936) and renumbering title 15,
					 section 4002 to title 9, section
					 30935 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
						1000
						and
						1004,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 8 - Safety and Security › Article 3 - Emergencies › Section 30936 - Plans for Emergencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  (Reserved)
(b) Employees or visitors to
				  institutions or camps who are taken as hostage by wards for the purpose of an escape
				  or a disruption of institutional operations, shall not be recognized as hostages for
				  bargaining purposes.
1. Change without
					 regulatory effect renumbering title 15, section
					 4603 to title 9, section
					 30936 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
						1002
						and
						1752,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 8 - Safety and Security › Article 4 - Contraband › Section 30945 - Definition and Possession of Contraband

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each superintendent shall define contraband for his facility
					 following the general guidelines that contraband is an item which, if possessed,
					 could by its very nature be injurious to persons or property, would adversely affect
					 program objectives or institutional security, or would require an inordinate amount
					 of staff resources to keep secure or supervise. The definition shall include the
					 legal definition as set forth by Division 10 (commencing with Section
					 11000) of the Health and Safety Code,
					 Section
					 1001.5
					 of the Welfare and Institutions Code, and Section
					 4502 of the Penal
					 Code. To enforce conformity with the rules governing contraband the superintendent
					 shall:
(a) Post a notice which states that
				  all visitors, staff, volunteers, and guests, including their property and vehicles
				  entering the facility, are subject to being searched on either a regular or random
				  basis.
(b) Post a notice which states
				  that any person who knowingly brings in, or assists in bringing into the facility,
				  any restricted dangerous drug, alcoholic beverage, firearm, weapon or explosive,
				  shall be guilty of a felony.
(c) Ensure
				  that notices are printed in both English and Spanish and be located in a conspicuous
				  place at entrance and/or departure points of the institution or camp.
(d) Prohibit the entrance of contraband including
				  weapons, firearms or explosives into the security area unless there is an extreme
				  emergency.
(e) State and publish for
				  youths, visitors, and staff the institution's definition and standards regarding
				  contraband.
(f) Prohibit youths from
				  receiving or possessing materials which fall into the following categories:
(1) Pictures depicting explicit sexual
				  activity.
(2) Pictures and written
				  material whose sale is prohibited to minors or which can be purchased only at an
				  "adult only" bookstore in the community in which the institution is
				  located.
(3) Material which cannot be
				  legally sold and sent through the U.S. mail.
(4) Pictures which show the subject or his
				  genitals in a state of sexual excitement.
(5) Sex oriented objects, devices or
				  appliances.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 8 - Safety and Security › Article 4 - Contraband › Section 30946 - Search for Contraband or Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Staff may search the person, premises, property, or room of a
					 youth for contraband or for evidence in the investigation of an incident.
(a) Searches shall be conducted:
(1) In a positive and non-demeaning
				  manner.
(2) With the youth present, when
				  possible.
(3) By two staff members, if
				  the search is non-routine or sensitive.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 8 - Safety and Security › Article 4 - Contraband › Section 30947 - Contraband Seizure and Disposal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When contraband is withheld or confiscated from a youth:
(a) The youth shall be given a written notice
				  within 48 hours covering the following:
(1) A
				  description of the property withheld/confiscated, including the approximate value,
				  if known.
(2) The reasons for
				  withholding/confiscating the property and its intended disposal.
(3) The right to appeal either the decision to
				  withhold/confiscate the property and/or the intended means of
				  disposal.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 8 - Safety and Security › Article 4 - Contraband › Section 30948 - Breath, Blood and Urine Samples

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Breath,
				  blood and urine samples may be collected from a person under the supervision and
				  control of the Department of the Youth Authority for chemical analysis to determine
				  the presence of alcohol, illegal narcotics, drugs or other prohibited substances,
				  when there is reason to believe that the person has used or is under the influence
				  of alcohol, illegal narcotics, drugs, or other prohibited substances, or when
				  scheduled or unscheduled tests are known to the person to be a condition of
				  participation in a specific program, assignment, or activity.
(b) Blood samples shall be collected and tested
				  only when the condition or behavior of the person is such that breath or urine
				  samples will not provide the information necessary to determine the presence of
				  prohibited substances. The withdrawal of blood shall be performed only by a
				  physician, registered nurse, licensed vocational nurse (so certified), licensed
				  medical technician, or licensed phlebotomist. The individual performing the
				  procedure shall label all specimens accurately.
(c) Breath samples shall be obtained by custody or
				  parole staff following the manufacturer's instructions for the equipment being
				  utilized. The individual performing the procedure shall label all specimens
				  accurately.
(d) Urine samples shall be
				  obtained by custody or parole or medical staff wearing gloves and following the
				  manufacturer's instructions for the equipment being utilized. The individual
				  performing the procedure shall label all specimens accurately.
(e) Persons under the supervision and control of
				  the Department of the Youth Authority shall be advised that in the case of refusal
				  to submit to a breath, blood or urine sample such tests will not be administered,
				  but the refusal may be considered a minor or major rule infraction or a violation of
				  parole unless the refusal is for valid medical reasons. When a refusal is for
				  medical reasons, a medical doctor shall determine the validity of the person's
				  claim.
1. Change without
					 regulatory effect renumbering title 15, section
					 4140 to title 9, section
					 30948 filed 2-13-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 7).
Note: Authority cited: Sections
						1712
						and
						1723,
						Welfare and Institutions Code. Reference: Sections
						1001.5
						and
						1767.2,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 8 - Safety and Security › Article 5 - Searches › Section 30955 - Skin Searches

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When there is reason to believe that a youth has contraband
					 concealed upon his or her person, he or she may be required to remove his or her
					 clothing and submit to a skin search. Such searches shall be conducted with:
(a) Maximum concern for the youth's privacy and
				  personal dignity.
(b) Only those staff
				  required to conduct the search and to assure health and safety of the youth shall be
				  present.
(c) Only staff who are employed
				  in peace officer classifications and who are of the same sex as the youth or who are
				  licensed medical personnel, shall be present or participate in a skin
				  search.
1. Change without
					 regulatory effect adopting article 5 (sections
					 30955-30958) and renumbering title 15,
					 section 4713 to title 9, section
					 30955 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,
						1001.5,
						1002,
						1004
						and
						1752,
						Welfare and Institutions Code; and Section
						4502, Penal
						Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 8 - Safety and Security › Article 5 - Searches › Section 30956 - Rectal/Vaginal Searches

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When there is probable cause that a youth has concealed
					 contraband in the rectal/vaginal cavity, a rectal/vaginal search may be conducted.
					 Such searches shall be conducted under the following conditions:
(a) When administered in a medically approved
				  manner.
(b) With maximum concern for the
				  youth's dignity and privacy.
(c)
				  Performed only by licensed medical personnel.
(d) With only persons of the same sex who are
				  employed in peace officer classifications and/or licensed medical personnel present
				  during the search.
1. Change without
					 regulatory effect renumbering title 15, section
					 4714 to title 9, section
					 30956 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,
						1001.5,
						1002,
						1004
						and
						1752,
						Welfare and Institutions Code; and Section
						4502, Penal
						Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 8 - Safety and Security › Article 5 - Searches › Section 30958 - Visit Searches

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Employees, guests and volunteers who come on to the grounds of
					 an institution or camp or enter the facility for the purposes of visiting a ward may
					 be searched for contraband as a condition of entrance or visitation to the
					 facility.
(a) A search may be conducted
				  when there is reasonable cause to believe the behavior or action of a visitor may
				  post a threat or danger to the security of the facility.
(b) A notice, printed in both English and Spanish,
				  which informs all visitors they are subject to search shall be posted in a
				  conspicuous place at both entrance and departure points to the facility. (See
				  Section 30945.)
1. Change without
					 regulatory effect renumbering title 15, section
					 4697 to title 9, section
					 30958 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 8 - Safety and Security › Article 6 - Polygraph › Section 30965 - Use of Polygraph

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Polygraph examinations may be used as an aid for gathering
					 pertinent information in investigations.
(a) A polygraph examination shall not be
				  administered without the voluntary written consent of the ward.
(b) A ward suspected of a rule or law violation
				  may request a polygraph examination and, when conducted, only the examiner and the
				  ward shall be present.
(c) A polygraph
				  examination may be approved or disapproved by the superintendent or regional
				  administrator before it is given, except under the conditions cited in Section
				  30916
				  (a) (2) (A) and (B).
(d) The result of a polygraph examination shall
				  only be admitted into evidence in any disciplinary or parole rescission/violation
				  proceedings where it supports the ward's claim of innocence or grievance. The ward
				  shall be so advised prior to taking the examination.
(e) A polygraph examination that raises questions
				  about the ward's honesty or credibility shall not be introduced as evidence in
				  institutional disciplinary or parole rescission/violation proceedings.
(f) Examinations shall be given by accredited
				  polygraph examiners. Examiners shall meet one of the following qualifications:
(1) Current member of the California Association
				  of Polygraph Examiners or American Polygraph Association.
(2) Successful completion of a instructional
				  polygraph operation course from an accredited polygraph school.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 8 - Safety and Security › Article 7 - Escapes › Section 30975 - Definition of Escape

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An incarcerated ward is deemed to be an escapee when such ward,
					 without authorization,
(a) Leaves the
				  facility, or
(b) Leaves the control of
				  staff while off grounds, or
(c) Fails to
				  return to a designated place at a designated time, e.g., while on off-grounds
				  activities.
1. Change without
					 regulatory effect adopting article 7 (sections
					 30975-30978) and renumbering title 15,
					 section 4680 to title 9, section
					 30975 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 8 - Safety and Security › Article 7 - Escapes › Section 30976 - Attempted Escapes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A ward is deemed to have made an escape attempt if he:
(a) Escapes from the confines of an institutional
				  security area or from custody of the staff on off-grounds institution activity, but
				  is apprehended in the immediate vicinity by the staff, or
(b) Is involved in any activity which, if
				  completed, could result in an escape, or
(c) Is involved in any action which indicates he
				  intends to escape.
1. Change without
					 regulatory effect renumbering title 15, section
					 4681 to title 9, section
					 30976 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 8 - Safety and Security › Article 7 - Escapes › Section 30977 - Apprehension of Escaped Ward

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When apprehending escaped wards, only necessary force shall be
					 used to restrain escapees.
(a) Physical
				  force or handcuffs may be used if the ward is positively identified as an
				  escapee.
(b) Chemical restraint
				  equipment may be used, if necessary, in accordance with Section
				  4041.
(c) If the suspected escapee cannot be positively
				  identified, staff shall:
(1) Show their Youth
				  Authority identification card before conducting questioning in a courteous
				  manner.
(2) Refrain from accusing the
				  suspect of being an escapee.
(3) Refrain
				  from using physical force except for self protection or the protection of other
				  persons.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 8 - Safety and Security › Article 7 - Escapes › Section 30978 - Escape Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Escape status shall be terminated when the ward is:
(a) Returned to the institution or camp.
(b) Placed on parole status.
(c) Placed in the custody of a law enforcement
				  agency.
(d) Discharged from the Youth
				  Authority.
(e) Deceased.
1. Change without
					 regulatory effect renumbering title 15, section
					 4685 to title 9, section
					 30978 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 8.1 - Crisis Prevention Management › Article 1 - Use of Force › Section 30985 - Use of Force Policy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  California Department of Corrections and Rehabilitation, Division of Juvenile
				  Justice shall operate under this Use of Force Policy that defines staff
				  responsibilities and limitations concerning the use of force (while still allowing
				  discretion in the appropriate application of force).
(b) The policy identifies for staff when and how
				  much force departmental peace officers are trained in regarding the proper use of
				  force. It ensures supervision, monitoring, and evaluation of force deployment. It
				  further ensures discipline is imposed for violations of the Use of Force Policy,
				  procedures, or training.
(c) At no time
				  are staff permitted to use force against a ward for punishment, retaliation, or
				  discipline.
1. Change without
					 regulatory effect adopting chapter 8.1, article 1 (sections
					 30985-30989) and renumbering title 15,
					 section 4034.0 to title 9, section
					 30985 filed 2-13-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 7).
Note: Authority cited: Sections
						1712
						and
						1752,
						Welfare and Institutions Code. Reference: Section
						1752,
						Welfare and Institutions Code; and Sections
						147,
						149,
						830.5,
						835 and
						843, Penal
						Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 8.1 - Crisis Prevention Management › Article 1 - Use of Force › Section 30986 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Use of
				  Force
Force used by an objective, trained, and competent Correctional
					 Peace Officer, faced with similar facts and circumstances, to subdue an attacker,
					 overcome resistance, effect custody, or gain compliance with a lawful
					 order.
(b) Reasonable Force
The amount of force that an objective, trained, and competent
					 Correctional Peace Officer, faced with similar facts and circumstances, would
					 consider necessary and reasonable to subdue an attacker, overcome resistance, effect
					 custody, or gain compliance with a lawful order.
(c) Unnecessary Force
The use of force that an objective, trained, and competent
					 Correctional Peace Officer, faced with similar facts and circumstances, would
					 consider unnecessary to subdue an attacker, overcome resistance, effect custody, or
					 gain compliance with a lawful order.
(d) Excessive Force
The use of more force than an objective, trained, and competent
					 Correctional Peace Officer, faced with similar facts and circumstances, would use to
					 subdue an attacker, overcome resistance, effect custody, or gain compliance with a
					 lawful order.
(e) Deadly Force
Any use of force that is likely to result in
					 death.
(f) Great Bodily Injury
An injury that creates a substantial risk of
					 death.
(g) Non-Deadly Force
A use of force option, as defined in Section
					 30987, subsection (b), which is greater
					 than verbal persuasion but less than force that is likely to result in
					 death.
1. Change without
					 regulatory effect renumbering title 15, section
					 4034.1 to title 9, section
					 30986, including amendment of subsection
					 (g), filed 2-13-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 7).
Note: Authority cited: Sections
						1712
						and
						1752,
						Welfare and Institutions Code. Reference: Section
						1752,
						Welfare and Institutions Code; and Sections
						147,
						149,
						830.5,
						835 and
						843, Penal
						Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 8.1 - Crisis Prevention Management › Article 1 - Use of Force › Section 30987 - Use of Force Options

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
				  purposes of this section, "Use of Force Options" refers to the choices available to
				  an employee when selecting a reasonable force option.
(b) The choices include but are not limited to:
				  dialogue or verbal persuasion, chemical restraint, physical strengths and holds,
				  mechanical restraint, less-lethal weapons and firearms.
(1) For the purposes of this section, "less-lethal
				  weapon" refers to a peace officer's use of departmentally-approved security
				  equipment, which includes weapons used to fire less-lethal projectiles.
(2) For the purposes of this section, a "firearm"
				  refers to a peace officer's use of departmentally-approved firearms, which include
				  weapons used to fire lethal projectiles.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 8.1 - Crisis Prevention Management › Article 1 - Use of Force › Section 30988 - Reporting and Monitoring of Force

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Reporting
				  Non-Deadly Force.
(1) An employee who observes
				  non-deadly force shall document that fact by preparing and submitting a Behavior
				  Report form DJJ (YA) 8.403 (Rev. 08/06), incorporated by reference. An employee who
				  uses non-deadly force shall document that fact by preparing and submitting a
				  Behavior Report form DJJ (YA) 8.403 (Rev. 08/06) and a Use of Force form DJJ (YA)
				  8.412 (Rev. 08/06), incorporated by reference. The forms shall identify any
				  witnesses to the incident and describe the circumstances giving rise to the use of
				  force, and the nature and extent of the force used. The employee shall provide the
				  form or forms to his or her on-duty supervisor prior to leaving the facility. If an
				  employee is unable to provide his or her forms prior to leaving the facility due to
				  an injury, the employee shall dictate the information in person or via telephone to
				  a peace officer supervisor who shall complete the form(s).
(2) The employee's on-duty supervisor shall review
				  the forms to ensure that they are adequately prepared and to reach a judgment
				  concerning the appropriateness of the force used. The supervisor shall document his
				  or her conclusions and forward them with the employee's documents through the
				  designated chain-of-command, to the institutional head for approval or follow-up
				  action.