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 30815 - General Policies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In Article 2 of this chapter, the Board establishes categories
					 of offenses which reflect its view of the seriousness of specific offenses and the
					 degree of danger those committed to the Youth Authority pose to the public. The
					 Board prescribes an interval of time for each category as a guide in establishing a
					 parole consideration date.
(a) A parole
				  consideration date represents, from its date of establishment, an interval of time
				  in which a ward may reasonably and realistically be expected to achieve readiness
				  for parole. It is not a fixed term or sentence, nor is it a fixed parole release
				  date.
(b) A parole consideration date
				  and Board hearing category shall be established for each ward at an initial hearing.
				  A parole consideration date shall be established at a disposition hearing in which
				  parole is revoked.
(c) An initial parole
				  consideration date shall be established from the date of acceptance by the Youth
				  Authority of a ward committed by a court of competent jurisdiction or from the date
				  of the disposition hearing in which parole is revoked. When a ward escapes prior to
				  delivery to the Youth Authority, the parole consideration date shall start from the
				  date received in a Youth Authority institution.
(d) Day-for-day credit for time spent in local
				  custody for the commitment offense shall not be credited toward the establishment of
				  the parole consideration date; however, a judgment shall be made as to the effect,
				  if any, that the ward's experiences and behavior while in local custody have on the
				  ward's training and treatment needs. Such judgment shall be taken into consideration
				  in establishing the parole consideration date.
(e) Pursuant to applicable law, credit for time
				  served in local custody shall be applied to the maximum confinement time authorized
				  for each individual ward.
(f)
(1) A decision on the parole consideration date
				  shall be made on each case by Board hearing category (category) of offense at the
				  initial hearing by the appropriate panel as set forth in Article 2, (Section
				  30807 et seq.) or by a referee at a
				  disposition hearing. Those cases committed from the juvenile court on the total
				  record which includes one or more offenses which have been the subject of a prior
				  petition and disposition shall have the category of decision making procedures set
				  by the most serious offense in the total record, and the most recent offense shall
				  establish the parole consideration date interval category. All other cases involving
				  a commitment for multiple offenses shall have the parole consideration date and
				  category set by the most serious offense in the total record.
(2) Wards already committed to the Youth Authority
				  who receive a subsequent (additional) commitment to the Youth Authority shall be
				  scheduled for a new initial Board hearing at which time the Board shall set the
				  category by the most serious offense in the overall record.
If the additional commitment is for an offense more serious than
					 that for which the ward was originally committed, the PCD shall be set from the date
					 of action for the additional commitment. If the additional commitment is for an
					 offense less serious than or equal to the original commitment, the PCD shall be
					 adjusted to meet additional program needs based on the additional offense.
					 Adjustment of the PCD is limited by deviation authority. Further deviation must be
					 referred to the appropriate panel.
The parole consideration date established for the additional
					 commitment shall not exceed the baseline, plus authorized deviation, of the higher
					 category. Any further deviation must be referred to the appropriate panel.
Notwithstanding any other provisions of Article 2 of this
					 chapter, no parole consideration date shall be established which exceeds a ward's
					 available confinement time.