California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 7 - Board of Juvenile Hearings › Article 1 - General Provisions › Section 30800 - Rules of Construction and Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Definitions. For the purpose of the regulations contained in
					 this chapter the following words shall have the following meanings:
(1) Board Panel. A Juvenile Parole Board panel
				  comprised of two qualified hearing officers. A quorum for a Board panel shall be two
				  qualified hearing officers.
(2) Day(s).
				  Calendar days, unless otherwise specified.
(3) Disability. A physical or mental impairment
				  that substantially limits one or more of the major life activities of an individual;
				  a record of such impairment or condition; or being regarded as having such an
				  impairment or condition.
(4)
				  Disciplinary Decision Making System. The Division of Juvenile Justice facility
				  disciplinary system which has the ability to impose a sanction, deprive a youth of
				  something possessed, or deny something which a youth reasonably expects as part of
				  his/her prescribed program because the youth commits an institutional rule or law
				  violation.
(5) Dual Commitment. A person
				  who is under the jurisdiction of both the Division of Juvenile Justice and Division
				  of Adult Operations of the California Department of Corrections and
				  Rehabilitation.
(6) Effective
				  Communication. Communication with persons with disabilities or those with limited
				  English skills and reading ability that is as effective as communication with
				  others. Effective communication may require the use of an appropriate auxiliary aid
				  or service, or may be achieved by methods such as speaking clearly or using simple
				  language and soliciting feedback to ensure understanding.
(7) Full Board En Banc: A Juvenile Parole Board
				  hearing conducted by a quorum of the five-member Juvenile Parole Board. Three
				  members are necessary to form a quorum when making case decisions and no action
				  shall be valid unless agreed to by a majority of those present.
(8) Full Board Panel: A Juvenile Parole Board
				  panel comprised of three qualified hearing officers. A Commissioner shall be
				  included in the panel when available.
(9) Good Cause. Justifiable, legitimate, and
				  unforeseeable reason for the delay, asserted in good faith and caused by factors
				  that are beyond the control of the Juvenile Parole Board or the Division of Juvenile
				  Justice.
(10) Hearing Officer. A member
				  or case hearing representative, who conducts youth case hearings.
(11) Preponderance of Evidence. Standard of proof
				  that requires a finding that it is more likely than not that a fact or charge is
				  true.
(12) Projected Juvenile Parole
				  Board Date. Formerly known as parole consideration date, it is an interval of time
				  in which a youth 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. It applies to youth who are serving their initial commitments to Division of
				  Juvenile Justice and have not been paroled yet.
(13) Reasonable Accommodation. A modification or
				  adjustment that will help provide equal access to programs, activities and services
				  for parolees with disabilities or effective communication needs.
(14) Referee. Any qualified hearing officer
				  sitting alone for the purpose of hearing cases.
(15) Rescission Hearing. A Juvenile Parole Board
				  hearing which may result in rescinding a youth's referral to parole.
1. Change without
					 regulatory effect adopting new chapter 7 (articles 1-11), article 1 (section
					 30800) and renumbering former title 15,
					 section 4900 to new title 9, section
					 30800, including amendment of section,
					 filed 3-2-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 10).
Note: Authority cited: Section
						1725,
						Welfare and Institutions Code. Reference: Sections
						1711,
						1716,
						1719
						and
						1723,
						Welfare and Institutions Code.