California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 11.1 - Extended Confinement Time and Jurisdiction › Article 1 - General Provisions › Section 31376 - Authority to Apply for Extension

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Division of Juvenile Justice determines that at the time
					 of the current Welfare and Institutions (W&I) Code Section
					 1800 evaluation, the youth has a
					 currently diagnosed mental or physical deficiency, disorder or abnormality that
					 causes the youth to have serious difficulty controlling his or her behavior such
					 that the youth would he physically dangerous to the public if discharged, then the
					 Chief Deputy Secretary or designee shall make a request to the District Attorney of
					 the county of commitment to file a petition to the committing court for an order
					 directing that the youth remain subject to the control of the DJJ.
If the decision is made at any level not to proceed with a
					 W&I Code Section
					 1800 petition, and the Juvenile Parole
					 Board (JPB) under W&I Code Section
					 1800.5 believes, based on some evidence,
					 that the youth meets each of the criteria for a WIC 1800 extension, the JPB may
					 request the CDS to review the case for further action upon a majority vote of a Full
					 Board En Banc (FBEB). The JPB shall communicate specific and articulable facts that
					 lead it to that belief, in writing, to the CDS and shall request a WIC 1800.5
					 review. A request for review by the CDS shall be made not less than 120 days before
					 the date of final discharge, and review shall be completed and transmitted to the
					 FBEB not more than 15 days after the request has been received.
If, after review, the psychiatrist or psychologist affirms the
					 initial finding, concludes that a subsequent assessment does not demonstrate that a
					 youth is subject to extended confinement pursuant to W&I Code Section
					 1800, or fails to respond to a request
					 from the JPB within 15 calendar days, and the Board continues to find, based on a
					 preponderance of evidence, that at the time of the current W&I Code Section
					 1800 evaluation the youth has a
					 currently diagnosed mental or physical deficiency, disorder or abnormality that
					 causes the youth to have serious difficulty controlling his or her behavior such
					 that the youth would be physically dangerous to the public if discharged, then the
					 Board may request the prosecuting attorney to petition the committing court for an
					 order for a W&I Code Section
					 1800 time extension.
Then the JPB, upon a majority vote of the FBEB, shall send a
					 request to the prosecuting attorney to petition the committing court for an order
					 directing that the youth remain subject to the control of DJJ pursuant to Section
					 1800, which includes the specific and
					 articulable facts as evidence that the youth meets each criteria for a W&I Code
					 Section 1800 extension upon which it bases its
					 conclusion.
The W&I Code, Section
					 1800 evaluations shall be completed
					 within two (2) months of receipt of an order, but not more than seven (7) months
					 before the Available Confinement Time (ACT) or jurisdiction expires.
All W&I Code, Section
					 1800 evaluations shall be completed and
					 forwarded to the Juvenile Parole Board (JPB) or District Attorney (DA) three (3)
					 months after the order has been received or four (4) months before the ACT,
					 whichever is later.
All W&I Code, Section
					 1800.5 evaluations shall be completed
					 and returned to the JPB within 15 calendar days of receipt of the order.
1. Change without
					 regulatory effect renumbering title 15, section
					 4191 to title 9, section
					 31376 filed 2-13-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 7).
Note: Authority cited: Section
						5075.1(j),
						Penal Code; and Section
						1712,
						Welfare and Institutions Code. Reference: Sections
						1800
						and
						1800.5,
						Welfare and Institutions Code.