reglab/statecodes huggingface dataset:
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 30989 - Use of Mechanical Restraints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Mechanical
				  means of physical restraint may be used only under the following circumstances:
(1) When transporting a person between locations.
				  However, a person who is being transported shall not be locked in any manner to any
				  part of the transporting vehicle.
(2)
				  When a person's present behavior, apparent emotional state, or other conditions
				  present a reasonable likelihood that he or she may become violent or attempt to
				  escape.
(3) When directed by medical
				  staff, to prevent a person from attempting suicide or inflicting injury to himself
				  or herself.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 9 - Public Access and Information › Article 1 - Public Access › Section 31100 - News Media Access to Institutions and Wards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) News media
				  shall have access to institutions, be permitted to tour and photograph the
				  facilities, and conduct brief interviews with wards encountered during such tours
				  unless institution security may be threatened or normal program operations
				  disrupted. Access shall be permitted under the following conditions:
(1) Upon approval by the superintendent or his
				  designee, individual or group interviews and photographs of wards shall be permitted
				  with written consent of each ward if he is:
(A) 18
				  years of age or older, or
(B) 17 years
				  of age or younger, and with the written consent of a parent, legal guardian, or the
				  committing court.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 9 - Public Access and Information › Article 4 - Youth Service Bureau › Section 31150 - Citizens Advisory Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each Bureau shall have a Citizens Advisory Board which shall be
					 responsible to advise the Bureau in regard to overall policy and program
					 direction.
(a) The Citizens Advisory Board
				  shall consist of at least seven appointed by the Bureau.
(b) The Citizens Advisory Board members shall
				  include, but not be limited to, representatives from juvenile justice, social
				  service agencies, law enforcement, education, youth, youth serving groups, and
				  community residents. At least one-half of the members shall be community residents.
				  Members shall serve without compensation, but may be reimbursed for necessary
				  expenses incurred in carrying out their duties.
(c) The Citizens Advisory Board shall be involved
				  in developing the Bureau's programs and policies, including, but not limited to,
				  specific youth development programs, guidelines for referrals to the Bureau, limits
				  on the authority of the Bureau in relation to agreements between the Bureau, the
				  child and his or her parents, and the referring agency, and safeguards in regard to
				  the child's rights to due process.
1. Change without
					 regulatory effect adopting article 4 (section
					 31150) and renumbering title 15, section
					 4253 to title 9, section
					 31150 filed 2-13-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 7).
Note: Authority cited: Sections
						1712
						and
						1902,
						Welfare and Institutions Code. Reference: Sections
						1900
						and
						1902,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 10 - Assistance to Courts when Making Disposition › Article 1 - General Provisions › Section 31200 - General Standards and Premises

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following standards, requirements and premises will be
					 applied by the Department in making decisions on acceptance of persons referred for
					 diagnostic study from criminal or juvenile courts:
(a) There must be sufficient information submitted
				  about the person to enable an informed decision to be made.
(b) (Reserved.)
(c) Persons must be available for delivery to a
				  departmental reception center-clinic.
(d) Persons referred to the Youth Authority will
				  be accepted, unless it is concluded they are clearly inappropriate.
1. Change without
					 regulatory effect adopting chapter 10 (articles 1-5, sections
					 31200-31236) article 1 (sections
					 31200-31201) and renumbering title 15,
					 section 4146 to title 9, section
					 31200 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
						1730
						and
						1731.5,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 10 - Assistance to Courts when Making Disposition › Article 1 - General Provisions › Section 31201 - Conditions for Granting Requests for Testimony

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Requests for expert witness testimony will be granted under the
					 following conditions:
(a) There is
				  reasonable assurance that Youth Authority testimony will be significant in the
				  case.
(b) Youth Authority staff time is
				  available to provide this service to the court.
(c) The Youth Authority must have five working
				  days' notification for preparation before the hearing.
(d) The requesting party is aware that:
(1) The purpose of Youth Authority participation
				  is to assist the court by providing information and expert opinion concerning
				  disposition and amenability to the care, treatment, and training programs available
				  through commitment to the Youth Authority.
(2) Information received by Youth Authority staff
				  will not be privileged, and will be available to the opposing attorney (district
				  attorney or defense attorney), probation officer and judge.
(3) The Department shall be given access to all
				  non-privileged information in the requesting party's possession which may have a
				  bearing on Youth Authority testimony in the matter. This includes access to the
				  accused person when a defense attorney requests assistance.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 10 - Assistance to Courts when Making Disposition › Article 2 - Criminal Court Request for Recommendation Concerning Recall › Section 31205 - Response to Request for Recommendation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department will provide the committing court with a copy of
					 the most recently prepared diagnostic report and a recommendation concerning whether
					 the commitment should be recalled.
1. Change without
					 regulatory effect adopting article 2 (section
					 31205) and renumbering title 15, section
					 4149.8 to title 9, section
					 31205 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
						1737,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 10 - Assistance to Courts when Making Disposition › Article 3 - Criminal Court Referral for Contract Diagnostic Study › Section 31210 - Decision to Accept or Reject and Material Benefit Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  (Reserved)
(b) Determinations of
				  material benefit will based on the following:
(1)
				  A person will be materially benefited by diagnostic services when the reasons why
				  the person displays criminal behavior are unclear and the Department has the
				  necessary resources to provide a diagnostic evaluation and disposition
				  recommendation to the court.
(2) A
				  person will be materially benefited by treatment services when they meet the
				  standards described in Section
				  31305 of these
				  regulations.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 10 - Assistance to Courts when Making Disposition › Article 3 - Criminal Court Referral for Contract Diagnostic Study › Section 31211 - Required and Optional Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Two copies of the information required and requested as
					 described in Section
					 31306
					 (b)(2), (3) and (4) and Section
					 31308 of these regulations are to be
					 submitted on persons referred by a criminal court. In addition, the referring court
					 shall provide two copies of the order showing that the person was referred to the
					 Youth Authority in accordance with law.
1. Change without
					 regulatory effect renumbering title 15, section
					 4151.5 to title 9, section
					 31211, including amendments, 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
						1740
						and
						1741,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 10 - Assistance to Courts when Making Disposition › Article 3 - Criminal Court Referral for Contract Diagnostic Study › Section 31212 - Acceptance or Rejection Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall make a decision to accept or reject a
					 referred person within 16 work-hours, or as soon thereafter as possible, after
					 receipt of the information and documents described in Section
					 31211 of these regulations.
1. Change without
					 regulatory effect renumbering title 15, section
					 4152 to title 9, section
					 31212, including amendments, filed
					 2-13-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 7).
Note: Authority cited: Sections
						1712
						and
						1736,
						Welfare and Institutions Code. Reference: Sections
						732,
						734
						and
						1752.1,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 10 - Assistance to Courts when Making Disposition › Article 3 - Criminal Court Referral for Contract Diagnostic Study › Section 31213 - Notice of Action and Delivery Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  (Reserved)
(b) The Department shall
				  notify the referring court and probation department of the acceptance or rejection
				  decision.
(c) (Reserved)
(d) When a case is accepted, the sheriff shall be
				  notified of the time and place for delivery to a Youth Authority facility.
1. Change without
					 regulatory effect renumbering title 15, section
					 4152.5 to title 9, section
					 31213 filed 2-13-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 7).
Note: Authority cited: Sections
						1712
						and
						1731.6,
						Welfare and Institutions Code. Reference: Sections
						1731.6
						and
						1752.1,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 10 - Assistance to Courts when Making Disposition › Article 3 - Criminal Court Referral for Contract Diagnostic Study › Section 31214 - Time Limit on Acceptance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notice that a case has been accepted shall become void 90 days
					 from the date it was issued unless the person has been delivered to a Department
					 reception center-clinic. If not delivered within 90 days, the case may be
					 resubmitted for acceptance action as provided by Section
					 4150. Required and optional information
					 as provided by Section
					 31213 shall be current to the date of
					 resubmission.
1. Change without
					 regulatory effect renumbering title 15, section
					 4152.6 to title 9, section
					 31214, including amendments, 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
						1731.6,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 10 - Assistance to Courts when Making Disposition › Article 3 - Criminal Court Referral for Contract Diagnostic Study › Section 31215 - Return to the County

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall notify the sheriff that the person is ready
					 for return to the county as soon as the diagnostic report is completed as provided
					 by Section 4153 of these regulations.
1. Change without
					 regulatory effect renumbering title 15, section
					 4153.5 to title 9, section
					 31215 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
						1731.6,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 10 - Assistance to Courts when Making Disposition › Article 4 - Criminal Court Referral for Amenability Determination › Section 31220 - Required and Optional Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Two copies of the information required and requested as
					 described in Section
					 31306(b)(2), (3) and
					 (4) and Section
					 31308 of these regulations are to be
					 submitted on persons referred by a criminal court. In addition, the referring court
					 shall provide two copies of the order showing that the person was referred to the
					 Youth Authority in accordance with law.
1. Change without
					 regulatory effect adopting article 4 (sections
					 31220-31224) and renumbering title 15,
					 section 4155.5 to title 9, section
					 31220, including amendments, 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
						1740
						and
						1741,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 10 - Assistance to Courts when Making Disposition › Article 4 - Criminal Court Referral for Amenability Determination › Section 31221 - Acceptance or Rejection Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall make a decision to accept or reject a
					 referred person within 16 work-hours, or as soon thereafter as possible, after
					 receipt of the information and documents described in Sections
					 31220 and
					 31308 of these regulations.
1. Change without
					 regulatory effect renumbering title 15, section
					 4156 to title 9, section
					 31221, including amendments, 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
						707.2,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 10 - Assistance to Courts when Making Disposition › Article 4 - Criminal Court Referral for Amenability Determination › Section 31222 - Notice of Action and Delivery Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall notify the referring court and probation
					 department of the acceptance or rejection decision. When a case is accepted, the
					 sheriff shall be notified of the time and place for delivery to a Youth Authority
					 facility.
1. Change without
					 regulatory effect renumbering title 15, section
					 4156.5 to title 9, section
					 31222 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
						707.2,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 10 - Assistance to Courts when Making Disposition › Article 4 - Criminal Court Referral for Amenability Determination › Section 31223 - Time Limit on Acceptance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notice that a case has been accepted shall become void 90 days
					 from the date it was issued unless the person has been delivered to a Department
					 reception center-clinic. If not delivered within 90 days, the case may be
					 resubmitted for acceptance action as provided by Section
					 31220. Required and optional information
					 as provided by Section
					 31220 shall be current to the date of
					 resubmission.
1. Change without
					 regulatory effect renumbering title 15, section
					 4156.6 to title 9, section
					 31223, including amendments, 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
						707.2,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 10 - Assistance to Courts when Making Disposition › Article 4 - Criminal Court Referral for Amenability Determination › Section 31224 - Amenability Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  (Reserved)
(b) A person is amenable if
				  it is found that he can be materially benefited as provided by Section
				  31305 of these regulations.
(c) (Reserved)
(d) The Department shall notify the sheriff that
				  the person is ready for return to the count as soon as the amenability determination
				  is completed.
1. Change without
					 regulatory effect renumbering title 15, section
					 4157 to title 9, section
					 31224, 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
						707.2,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 10 - Assistance to Courts when Making Disposition › Article 5 - Juvenile Court Referral for Contract Diagnostic Studies and Treatment › Section 31230 - Decision to Accept or Reject and Material Benefit Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  (Reserved).
(b) Determinations of
				  material benefit will be based on the following:
(1) A person will be materially benefited by
				  diagnostic services when the reasons why the person displays delinquent behavior are
				  unclear and the Department has the necessary resources to provide a diagnostic
				  evaluation and disposition recommendation to the court, or;
(2) A person will be materially benefited by
				  treatment services when they meet the standards described in Section
				  31321 of these
				  regulations.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 10 - Assistance to Courts when Making Disposition › Article 5 - Juvenile Court Referral for Contract Diagnostic Studies and Treatment › Section 31231 - Required and Optional Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The information requirements and requested information described
					 in Sections 31306 (b) (2), (3) and
					 (4) and Section
					 31308 of these regulations apply to
					 persons referred by a juvenile court. In addition, the referring court shall provide
					 two copies of the order showing that the person was referred to the Youth Authority
					 in accordance with law.
1. Change without
					 regulatory effect renumbering title 15, section
					 4160 to title 9, section
					 31231, including amendments, 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
						735,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 10 - Assistance to Courts when Making Disposition › Article 5 - Juvenile Court Referral for Contract Diagnostic Studies and Treatment › Section 31232 - Acceptance or Rejection Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall make a decision to accept or reject a
					 referred person within 16 work-hours, or as soon thereafter as possible, after
					 receipt of the information and document described in Section
					 31231 of these regulations.
1. Change without
					 regulatory effect renumbering title 15, section
					 4160.5 to title 9, section
					 31232, including amendments, 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
						704,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 10 - Assistance to Courts when Making Disposition › Article 5 - Juvenile Court Referral for Contract Diagnostic Studies and Treatment › Section 31233 - Notice of Action and Delivery Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  (Reserved)
(b) The Department shall
				  notify the referring court and probation department of its acceptance or rejection
				  decision.
(c) (Reserved)
(d) When a case is accepted, the notice from the
				  Department shall designate the time and place for delivery to a Youth Authority
				  facility.
1. Change without
					 regulatory effect renumbering title 15, section
					 4161 to title 9, section
					 31233 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
						704,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 10 - Assistance to Courts when Making Disposition › Article 5 - Juvenile Court Referral for Contract Diagnostic Studies and Treatment › Section 31234 - Time Limit on Acceptance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notice that a case has been accepted shall become void 90 days
					 from the date it was issued unless the person has been delivered to a Department
					 reception center-clinic. If not delivered within 90 days, the case may be
					 resubmitted for acceptance action as provided by Section
					 4158. Required and optional information
					 as provided by Section
					 31231 shall be current to the date of
					 resubmission.
1. Change without
					 regulatory effect renumbering title 15, section
					 4161.3 to title 9, section
					 31234, including amendments, 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
						704,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 10 - Assistance to Courts when Making Disposition › Article 5 - Juvenile Court Referral for Contract Diagnostic Studies and Treatment › Section 31235 - Retention for Treatment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department may retain the person for treatment after completion of the diagnostic
				  study provided the person can be materially benefited by such retention, as defined
				  in Section 31321 of these regulations.
1. Change without
					 regulatory effect renumbering title 15, section
					 4162 to title 9, section
					 31235, including amendments, 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
						704,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 10 - Assistance to Courts when Making Disposition › Article 5 - Juvenile Court Referral for Contract Diagnostic Studies and Treatment › Section 31236 - Return to the County

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall notify the probation officer that the
					 person is ready for return to the county as soon as the diagnostic report is
					 completed as provided by Section
					 4161.5 of these regulations or it is
					 determined that the person cannot be materially benefited by retention as provided
					 by Section 31321 of these regulations.
1. Change without
					 regulatory effect renumbering title 15, section
					 4162.5 to title 9, section
					 31236, including amendments, 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
						704
						and
						1752.1,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 11 - Commitment to the Division of Juvenile Justice › Article 1 - General Provisions › Section 31300 - General Standards and Premises

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following standards, requirements, and premises will be
					 applied by the Division in making decisions on acceptance of youth committed from
					 criminal and juvenile courts:
(a) There
				  must be sufficient information submitted about the youth to enable an informed
				  decision to be made.
(b) Youth committed
				  from a juvenile court will be accepted if they can be materially benefited, provided
				  that necessary facilities, staff and rehabilitative services are
				  available.
(c) Youth must be available
				  for delivery to a Division of Juvenile Justice reception center-clinic.
(d) Youth committed to the Division of Juvenile
				  Justice will be accepted, unless it is concluded they are clearly
				  inappropriate.
(e) Youth are committed
				  to the Division of Juvenile Justice for disposition. Intake and Court Services (ICS)
				  staff will not base their decision on acceptance on anticipated actions the staff or
				  Juvenile Parole Board may take in the future regarding the case. It is presumed such
				  actions to be taken will be appropriate for each case.
(f) The Chief Deputy Secretary of Division of
				  Juvenile Justice and the Director of State Department of Mental Health shall, at
				  least annually, confer and establish policy with respect to the types of cases,
				  which should be the responsibility of each department.
1. Change without
					 regulatory effect adopting chapter 11 (articles 1-4, sections
					 31300-31345) article 1 (section
					 31300) and renumbering title 15, section
					 4166 to title 9, section
					 31300 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
						736,
						1730 and
						1731.5 Welfare and Institutions
						Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 11 - Commitment to the Division of Juvenile Justice › Article 2 - Criminal Court Commitment › Section 31305 - Decision to Accept or Reject on Material Benefit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A youth will be materially benefited when there is a reasonable
					 possibility that the youth's likelihood to commit criminal behavior can be
					 significantly reduced or eliminated within the confinement time and jurisdiction
					 time available. Factors to be considered include:
(a) Capacity. Does the youth have the capacity to
				  change? Considerations in making this determination include:
(1) The youth's psychiatric condition.
(2) The youth's ability to communicate.
(3) Mental Retardation.
(4) The need for long-term in-patient level of
				  care.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 11 - Commitment to the Division of Juvenile Justice › Article 2 - Criminal Court Commitment › Section 31306 - Requirement to Provide Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At the time
				  of commitment to the Division of Juvenile Justice, the committing court and/or
				  probation department shall provide the following for each youth:
(1) Three copies of court order(s) (one of which
				  must be certified) showing that the youth was committed to the Division of Juvenile
				  Justice in accordance with the law, which orders shall include the following
				  determinations:
(A) Public offense(s) sustained by
				  the court, including enhancements.
(B)
				  Aggravating or mitigating circumstances, when applicable.
(C) Confinement time from any charge that is to
				  run consecutively or concurrently with the confinement time from any other charge,
				  when applicable.
(D) Confinement time
				  remaining from a previous court action that is to run concurrently or consecutively
				  with the confinement time from the current court action, when applicable.
(E) Amount of time already spent in physical
				  confinement that has been credited to the amount of time the youth may be confined
				  by the Division of Juvenile Justice, when applicable.
(F) Amount of time the youth may be held in
				  physical confinement by the Division of Juvenile Justice, for example, years, months
				  and days.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 11 - Commitment to the Division of Juvenile Justice › Article 2 - Criminal Court Commitment › Section 31308 - Optional Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The committing court, probation department, district attorney,
					 defense attorney and law enforcement agencies are requested to provide the Division
					 of Juvenile Justice with additional information or recommendations they deem
					 necessary or desirable to assist the Division in carrying out its functions.
1. Change without
					 regulatory effect renumbering title 15, section
					 4169 to title 9, section
					 31308 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
						1741,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 11 - Commitment to the Division of Juvenile Justice › Article 2 - Criminal Court Commitment › Section 31309 - Acceptance or Rejection Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Division shall make a decision to accept or reject a
					 committed youth within 16 work-hours, or as soon thereafter as possible, after
					 receipt of the information and documents described in Sections
					 31306 and
					 31308 of these regulations.
1. Change without
					 regulatory effect renumbering title 15, section
					 4169.5 to title 9, section
					 31309, including amendments, 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
						1731.5,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 11 - Commitment to the Division of Juvenile Justice › Article 2 - Criminal Court Commitment › Section 31310 - Time Limit on Acceptance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notice that a case has been accepted shall become void 90 days
					 from the date it was issued unless the youth has been delivered to a Division
					 reception center-clinic. If not delivered within 90 days, the case may be
					 resubmitted for acceptance action as provided by Section
					 31305. Required and optional information
					 as provided by Sections
					 31306 and
					 31308 shall be current to the date of
					 resubmission.
1. Change without
					 regulatory effect renumbering title 15, section
					 4169.9 to title 9, section
					 31310, including amendments, 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
						1731.5,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 11 - Commitment to the Division of Juvenile Justice › Article 3 - Juvenile Court Commitment › Section 31320 - Discretion to Accept or Reject

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Division of Juvenile Justice (DJJ) may accept or reject a
					 commitment from a juvenile court based on Sections
					 733,
					 734,
					 736
					 and
					 1736
					 of the Welfare and Institutions Code.
The Division may in its discretion accept youths committed to
					 it, if it believes that the youth can be materially benefited by its
					 rehabilitative/treatment programs, and if it has adequate facilities, staff and
					 programs to provide such care.
1. Change without
					 regulatory effect adopting article 3 (sections
					 31320-31326) and renumbering title 15,
					 section 4170.5 to title 9, section
					 31320 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
						733,
						734,
						735,
						736
						and
						1736,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 11 - Commitment to the Division of Juvenile Justice › Article 3 - Juvenile Court Commitment › Section 31321 - Decision to Accept or Reject on Material Benefit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Youth
				  committed from a juvenile court will be accepted if they can be materially
				  benefited, provided that necessary facilities, programs, staff and rehabilitative
				  services are available.
(b)
				  Determinations of material benefit will be based on one or both the following
				  standards:
(1) A youth will be materially
				  benefited when there is reasonable possibility that the likelihood to commit
				  delinquent behavior can be significantly reduced or eliminated within the
				  confinement time and jurisdiction time available. Factors to be considered under
				  this subsection include:
(A) Capacity. Does the
				  youth have the capacity to change? Considerations in making this determination
				  include:
1. The youth's psychiatric
				  condition.
2. The youth's ability to
				  communicate.
3. Mental
				  Retardation.
4. The need for long-term
				  in-inpatient level of care.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 11 - Commitment to the Division of Juvenile Justice › Article 3 - Juvenile Court Commitment › Section 31323 - Requirement to Provide Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the
				  juvenile court commits a youth to the Division of Juvenile Justice who is identified
				  as an individual with exceptional needs, as defined by Section
				  56026 of the
				  Education Code, the juvenile court shall not order the juvenile conveyed to the
				  physical custody of the Division until the youth's previously developed
				  individualized education program has been furnished to the Division.
In order to enforce this requirement, the court shall indicate
					 on the court commitment documents whether:
1. The youth is an individual with exceptional
				  needs,
2. The youth is not an individual
				  with exceptional needs or
3. Education
				  records do not indicate that a determination has been made regarding any exceptional
				  needs that the youth may have.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 11 - Commitment to the Division of Juvenile Justice › Article 3 - Juvenile Court Commitment › Section 31324 - Acceptance or Rejection Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Division shall make a decision to accept or reject a
					 committed youth within 16 work-hours, or as soon thereafter as possible, after the
					 receipt of the information and documents described in Sections
					 31306 and
					 31308 of these regulations.
1. Change without
					 regulatory effect renumbering title 15, section
					 4174 to title 9, section
					 31324, including amendments, 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
						732,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 11 - Commitment to the Division of Juvenile Justice › Article 3 - Juvenile Court Commitment › Section 31325 - Notice of Action and Delivery Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Division shall notify the committing court and probation
					 department of its acceptance or rejection decision. When a case has been accepted,
					 the notice shall designate the time and place for delivery to a Division of Juvenile
					 Justice facility.
1. Change without
					 regulatory effect renumbering title 15, section
					 4174.5 to title 9, section
					 31325 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
						732,
						736,
						1731.6
						and
						1752.1,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 11 - Commitment to the Division of Juvenile Justice › Article 3 - Juvenile Court Commitment › Section 31326 - Time Limit on Acceptance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notice that a case has been accepted shall become void 90 days
					 from the date it was issued unless the youth has been delivered to a Division
					 reception center-clinic. If not delivered within 90 days, the case may be
					 resubmitted for acceptance action as provided by Section
					 31305. Required and optional information
					 as provided by Section
					 31323 shall be current to the date of
					 resubmission.
1. Change without
					 regulatory effect renumbering title 15, section
					 4174.6 to title 9, section
					 31326, including amendments, 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
						735,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 11 - Commitment to the Division of Juvenile Justice › Article 4 - State Prison Commitment with Youth Authority Housing › Section 31340 - Acceptance or Rejection Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall make a decision to accept or reject a
					 referral for housing, within 16 work hours, or as soon thereafter as possible, after
					 receipt of the information and documents described in Section
					 31341 of these regulations.
1. Change without
					 regulatory effect adopting article 4 (sections
					 31340-31345) and renumbering title 15,
					 section 4197 to title 9, section
					 31340 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
						1731.5(c),
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 11 - Commitment to the Division of Juvenile Justice › Article 4 - State Prison Commitment with Youth Authority Housing › Section 31341 - Requirement to Provide Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At the time of sentencing to state prison with housing in the
					 Youth Authority, the sentencing court and/or probation department shall provide the
					 following information/documents for each person:
(a) Three copies of the Abstract of Judgement, one
				  of which must be certified.
(b) Three
				  copies of the sentencing minute order, one of which must be certified.
(c) Three copies of the information/charging
				  document/felony complaint.
(d) A
				  completed Youth Authority Referral Document (YA 1.411 Rev. 12/85).
(e) Three copies of the Probation Report which
				  includes information regarding the offender's current offense, personal history,
				  delinquent and criminal history, description of prior efforts to help the person
				  change his/her behavior, i.e., programs used (e.g., probation, county camp, jail
				  term, etc.), length of participation, degree and willingness to participate and
				  evaluation of results.
(f) Three copies
				  of prior probation report when most recent probation report does not supply adequate
				  social history information.
(g) Three
				  copies of prior probation report for any previously sustained sex
				  offenses.
(h) Two copies of current
				  description of any condition requiring medical care, e.g., disease, pregnancy, etc.
				  (M.D. established delivery date required for pregnant females).
(i) Three copies of current description and
				  diagnostic information concerning evidence that the offender may be developmentally
				  disabled (i.e., I.Q. of 70 or less); is unable to communicate (e.g., speech or
				  hearing defect); is psychotic or has another psychiatric disorder; or has a serious
				  physical disability.
(j) Three copies of
				  the psychiatric or psychological reports (when available).
The Department's intake decision may be delayed pending receipt
					 of required information/documents.
1. Change without
					 regulatory effect renumbering title 15, section
					 4197.1 to title 9, section
					 31341 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
						735,
						174
						and
						1741,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 11 - Commitment to the Division of Juvenile Justice › Article 4 - State Prison Commitment with Youth Authority Housing › Section 31342 - Discretion to Reject

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Youth Authority may accept or reject pursuant to Welfare and
					 Institutions Code Section
					 1731.5(c).
Persons will be rejected for housing for one or more of the
					 following reasons:
(a) The person is 17
				  years and 6 months or older at the time the referral is received by the Youth
				  Authority, and the sentence imposed will result in an earliest possible release date
				  that exceeds the person's 21st birthday.
(b) The person has been determined to be
				  unamenable by Youth Authority staff during diagnostic evaluation pursuant to Welfare
				  and Institutions Code Section
				  707.2.
(c) The person has been determined to be
				  unamenable by Youth Authority staff through review of case materials provided by the
				  sentencing court/probation department in accordance with Section
				  31341.
(d) The person is a current or former Youth
				  Authority ward or inmate who has been released on parole.
(e) Adequate facilities and treatment services are
				  not available to provide required care (i.e., acute or chronic medical/psychiatric
				  needs).
(f) The person represents a
				  physical danger to the health and safety of staff or wards as demonstrated by a
				  history of unacceptable behavior (i.e., escape, possession of weapons, aggression
				  toward staff or peers) in correctional or juvenile rehabilitation
				  programs.
(g) The person's custody and
				  security requirements exceed those available in Youth Authority
				  facilities.
1. Change without
					 regulatory effect renumbering title 15, section
					 4197.2 to title 9, section
					 31342, including amendment of subsection
					 (c), 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
						707.2,
						1731.5(c)
						and
						1741,
						Welfare and Institutions Code.