1750-1778
WELFARE AND INSTITUTIONS CODE
SECTION 1750-1778
1750. The Authority is limited in its expenditures to funds
specifically made available for its use.
1752. To the extent that necessary funds are available for the
purposes, the director may
(a) Establish and operate a treatment and training service and
such other services as are proper for the discharge of his duties;
(b) Create administrative districts suitable to the performance of
his duties;
(c) Employ and discharge all such persons as may be needed for the
proper execution of the duties of the authority. Such employment and
discharge shall be in accord with the civil service laws of this
state.
Notwithstanding Section 18932 of the Government Code, the maximum
age shall be 35 years for any open examination for the position of
parole agent I, group supervisor, youth counselor, and other
custodial and parole positions which normally afford entry into the
Youth Authority service, unless the applicant is already a "state
safety" member for the purposes of retirement and disability
benefits.
1752. To the extent that necessary funds are available for the
purposes the director may:
(a) Establish and operate a treatment and training service and
such other services as are proper for the discharge of his duties;
(b) Create administrative districts suitable to the performance of
his duties;
(c) Employ and discharge all such persons as may be needed for the
proper execution of the duties of the authority. Such employment and
discharge shall be in accord with the civil service laws of this
state.
Any open examination for the position of parole agent I, group
supervisor, youth counselor, and other custodial and parole positions
which normally afford entry into the Youth Authority service shall
require the demonstration of the physical ability to effectively
carry out the duties and responsibilities of the position in a manner
which would not inordinately endanger the health or safety of a
custodial person or a parolee or the health and safety of others.
1752.05. (a) The director shall provide for the development and
implementation of a disciplinary matrix with offenses and associated
punishments applicable to all department employees, in order to
ensure notice and consistency statewide. The disciplinary matrix
shall take into account aggravating and mitigating factors for
establishing a just and proper penalty for the charged misconduct, as
required by the California Supreme Court in Skelly v. State
Personnel Board (1975) 15 Cal.3d 194. The presence of aggravating or
mitigating factors may result in the imposition of a greater or a
lesser penalty than might otherwise be mandated by the disciplinary
matrix.
(b) The director shall adopt a code of conduct for all employees
of the department.
(c) The director shall ensure that employees who have reported
improper governmental activities and who request services from the
department are informed of the services available to them.
(d) The department shall post the code of conduct in locations
where employee notices are maintained. On July 1, 2005, and annually
thereafter, the department shall send by electronic mail to its
employees who have authorized access to electronic mail, the
following:
(1) Information regarding the code of conduct.
(2) The duty to report misconduct.
(3) How to report misconduct.
(4) The duty to fully cooperate during investigations.
(5) Assurances against retaliation.
1752.1. The director may enter into contracts with the approval of
the Director of Finance with any county of this state, upon request
of the board of supervisors thereof, wherein the Youth Authority
agrees to furnish diagnosis and treatment services and temporary
detention during a period of study to the county for selected cases
of persons eligible for commitment to the Youth Authority. The county
shall reimburse the state for the cost of such services, such cost
to be determined by the Director of the Youth Authority.
The Youth Authority shall present to the county, not more
frequently than monthly, a claim for the amount due the state under
this section which the county shall process and pay pursuant to the
provisions of Chapter 4 (commencing with Section 29700) of Division 3
of Title 3 of the Government Code.
1752.15. The director may enter into contracts, with the approval
of the Director of Finance, with any county of this state upon
request of the board of supervisors thereof, wherein the Department
of the Youth Authority agrees to furnish temporary emergency
detention facilities and necessary services incident thereto, for
persons under the age of 18 years who are in the custody of the
county probation officer pursuant to provisions of Chapter 2
(commencing with Section 200) of Part 1 of Division 2. Facilities of
the department may be used only on a temporary basis when existing
county juvenile facilities are rendered unsafe or inadequate because
of a natural or manmade disaster, or when the continued presence of
the minor or minors in the county juvenile facilities would, in the
opinion of the judge of the juvenile court having jurisdiction over
the minor, of the chief probation officer of the county, and of the
director, present a significant risk of violence or escape. They may
not be used for the detention of a person who is alleged to be or has
been adjudged to be a person described by Section 300 or Section
601.
Whenever any person is detained in a California Youth Authority
facility located in a county other than the county which has
contracted for services pursuant to this section, the county shall
provide for adequate consultation between the minor and his or her
attorney; and, if the minor's parent or guardian lacks adequate
private means of transportation, and if the minor has been detained
in the facility for more than 10 days, the county shall make
reasonable efforts to provide for visitation between the minor and
his or her parents or guardian.
The county shall reimburse the state for the cost of these
services, the cost to be determined by the director. The department
shall present to the county, not more than once a month, a claim for
the amount due the state under this section which the county shall
process and pay pursuant to the provisions of Chapter 4 (commencing
with Section 29700) of Division 3 of Title 3 of the Government Code.
1752.3. The director may, from any moneys made available for such
purposes, allocate funds to local governmental and nongovernmental
agencies to share in the cost of local correctional programs which
are partially financed by federal grants.
1752.5. The director may establish and maintain at any institution
or camp under his jurisdiction a canteen for the sale to persons
confined therein of candy, nutritional snacks, toilet articles,
sundries, and other articles. The canteen shall operate on a
nonprofit basis. However, if sales should exceed costs, the surplus
shall be deposited in a special fund, to be designated "Benefit Fund."
Any moneys contained in such fund shall be used for the benefit of
the wards resident at the institution or camp.
1752.6. The director may, with the approval of the Director of
General Services, enter into contracts with colleges, universities,
and other organizations for the purposes of research in the field of
delinquency and crime prevention and of training special workers,
including teachers, institution employees, probation and parole
officers, social workers and others engaged, whether as volunteers or
for compensation, and whether part time or full time, in the fields
of education, recreation, mental hygiene, and treatment and
prevention of delinquency.
1752.7. The director may collect statistics and information
regarding juvenile delinquency, crimes reported and discovered,
arrests made, complaints, informations, and indictments filed and the
disposition made thereof, pleas, convictions, acquittals, probations
granted or denied, commitments to and transfers and discharges from
places of incarceration, and other data and information useful in
determining the cause and amount of crime in this State, or in
carrying out the powers and duties of the authority.
All officers and employees of the State and of every county and
city shall furnish to the director upon request such statistics and
other information within their knowledge and control as the director
deems necessary or proper to be collected pursuant to the provisions
of this section.
1752.8. The Director of the Youth Authority may deposit any funds
of wards committed to the authority in the director's possession in
trust with the Treasurer pursuant to Section 16305.3 of the
Government Code or in trust in insured bank, savings and loan, or
state or federal credit union accounts bearing interest at rates up
to the maximum permitted by law, and for the purpose of deposit only,
may mingle the funds of any ward with the funds of other wards.
Such funds together with the interest paid thereon may be paid
over to the ward upon his or her request, and shall be paid over to
the ward upon his or her discharge from the Youth Authority.
Notwithstanding the provisions of this section and Section
1752.81, the Youth Authority may assess a ward's trust fund for
actual costs for the ward's support, maintenance, training and
treatment.
1752.81. (a) Whenever the Chief Deputy Secretary for Juvenile
Justice has in his or her possession in trust funds of a ward
committed to the division, the funds may be released for any purpose
when authorized by the ward. When the sum held in trust for any ward
by the Chief Deputy Secretary for Juvenile Justice exceeds five
hundred dollars ($500), the amount in excess of five hundred dollars
($500) may be expended by the chief deputy secretary pursuant to a
lawful order of a court directing payment of the funds, without the
authorization of the ward thereto.
(b) Whenever an adult or minor is committed to or housed in a
Division of Juvenile Facilities facility and he or she owes a
restitution fine imposed pursuant to Section 13967 of the Government
Code, as operative on or before September 28, 1994, or Section 1202.4
or 1203.04 of the Penal Code, as operative on or before August 2,
1995, or pursuant to Section 729.6, 730.6 or 731.1, as operative on
or before August 2, 1995, the Chief Deputy Secretary for Juvenile
Justice shall deduct the balance owing on the fine amount from the
trust account deposits of a ward, up to a maximum of 50 percent of
the total amount held in trust, unless prohibited by federal law. The
chief deputy secretary shall transfer that amount to the California
Victim Compensation and Government Claims Board for deposit in the
Restitution Fund in the State Treasury. Any amount so deducted shall
be credited against the amount owing on the fine. The sentencing
court shall be provided a record of the payments.
(c) Whenever an adult or minor is committed to, or housed in, a
Division of Juvenile Facilities facility and he or she owes
restitution to a victim imposed pursuant to Section 13967 of the
Government Code, as operative on or before September 28, 1994, or
Section 1202.4 or 1203.04 of the Penal Code, as operative on or
before August 2, 1995, or pursuant to Section 729.6, 730.6, or 731.1,
as operative on or before August 2, 1995, the Chief Deputy Secretary
for Juvenile Justice shall deduct the balance owing on the order
amount from the trust account deposits of a ward, up to a maximum of
50 percent of the total amount held in trust, unless prohibited by
federal law. The chief deputy secretary shall transfer that amount
directly to the victim. If the restitution is owed to a person who
has filed an application with the Victims of Crime Program, the chief
deputy secretary shall transfer that amount to the California Victim
Compensation and Government Claims Board for direct payment to the
victim or payment shall be made to the Restitution Fund to the extent
that the victim has received assistance pursuant to that program.
The sentencing court shall be provided a record of the payments made
to victims and of the payments deposited to the Restitution Fund
pursuant to this subdivision.
(d) Any compensatory or punitive damages awarded by trial or
settlement to a minor or adult committed to the Division of Juvenile
Facilities in connection with a civil action brought against any
federal, state, or local jail or correctional facility, or any
official or agent thereof, shall be paid directly, after payment of
reasonable attorney's fees and litigation costs approved by the
court, to satisfy any outstanding restitution orders or restitution
fines against the minor or adult. The balance of any award shall be
forwarded to the minor or adult committed to the Division of Juvenile
Facilities after full payment of all outstanding restitution orders
and restitution fines subject to subdivision (e). The Division of
Juvenile Facilities shall make all reasonable efforts to notify the
victims of the crime for which the minor or adult was committed
concerning the pending payment of any compensatory or punitive
damages. This subdivision shall apply to cases settled or awarded on
or after April 26, 1996, pursuant to Sections 807 and 808 of Title
VIII of the federal Prison Litigation Reform Act of 1995 (P.L.
104-134; 18 U.S.C. Sec. 3626 (Historical and Statutory Notes)).
(e) The chief deputy secretary shall deduct and retain from the
trust account deposits of a ward, unless prohibited by federal law,
an administrative fee that totals 10 percent of any amount
transferred pursuant to subdivision (b) and (c), or 5 percent of any
amount transferred pursuant to subdivision (d). The chief deputy
secretary shall deposit the administrative fee moneys in a special
deposit account for reimbursing administrative and support costs of
the restitution and victims program of the Division of Juvenile
Facilities. The chief deputy secretary, at his or her discretion, may
retain any excess funds in the special deposit account for future
reimbursement of the division's administrative and support costs for
the restitution and victims program or may transfer all or part of
the excess funds for deposit in the Restitution Fund.
(f) When a ward has both a restitution fine and a restitution
order from the sentencing court, the Division of Juvenile Facilities
shall collect the restitution order first pursuant to subdivision
(c).
(g) Notwithstanding subdivisions (a), (b), and (c), whenever the
Chief Deputy Secretary for Juvenile Justice holds in trust a ward's
funds in excess of five dollars ($5) and the ward cannot be located,
after one year from the date of discharge, absconding from the
Division of Juvenile Facilities supervision, or escape, the Division
of Juvenile Facilities shall apply the trust account balance to any
unsatisfied victim restitution order or fine owed by that ward. If
the victim restitution order or fine has been satisfied, the
remainder of the ward's trust account balance, if any, shall be
transferred to the Benefit Fund to be expended pursuant to Section
1752.5. If the victim to whom a particular ward owes restitution
cannot be located, the moneys shall be transferred to the Benefit
Fund to be expended pursuant to Section 1752.5.
1752.82. (a) Whenever an adult or minor is committed to or housed
in a Youth Authority facility and he or she owes restitution to a
victim or a restitution fine imposed pursuant to Section 13967, as
operative on or before September 28, 1994, of the Government Code, or
Section 1202.4 of the Penal Code, or Section 1203.04, as operative
on or before August 2, 1994, of the Penal Code, or pursuant to
Section 729.6, as operative on or before August 2, 1995, Section
730.6 or 731.1, as operative on or before August 2, 1995, the
director may deduct a reasonable amount not to exceed 50 percent from
the wages of that adult or minor and the amount so deducted,
exclusive of the costs of administering this section, which shall be
retained by the director, shall be transferred to the California
Victim Compensation and Government Claims Board for deposit in the
Restitution Fund in the State Treasury in the case of a restitution
fine, or, in the case of a restitution order, and upon the request of
the victim, shall be paid directly to the victim. Any amount so
deducted shall be credited against the amount owing on the fine or to
the victim. The committing court shall be provided a record of any
payments.
(b) A victim who has requested that restitution payments be paid
directly to him or her pursuant to subdivision (a) shall provide a
current address to the Youth Authority to enable the Youth Authority
to send restitution payments collected on the victim's behalf to the
victim.
(c) In the case of a restitution order, whenever the victim has
died, cannot be located, or has not requested the restitution
payment, the director may deduct a reasonable amount not to exceed 50
percent of the wages of that adult or minor and the amount so
deducted, exclusive of the costs of administering this section, which
shall be retained by the director, shall be transferred to the
California Victim Compensation and Government Claims Board, pursuant
to subdivision (d), after one year has elapsed from the time the ward
is discharged by the Youth Authority Board. Any amount so deducted
shall be credited against the amount owing to the victim. The funds
so transferred shall be deposited in the Restitution Fund.
(d) If the Youth Authority has collected restitution payments on
behalf of a victim, the victim shall request those payments no later
than one year after the ward has been discharged by the Youth
Authority Board. Any victim who fails to request those payments
within that time period shall have relinquished all rights to the
payments, unless he or she can show reasonable cause for failure to
request those payments within that time period.
(e) The director shall transfer to the California Victim
Compensation and Government Claims Board all restitution payments
collected prior to the effective date of this section on behalf of
victims who have died, cannot be located, or have not requested
restitution payments. The California Victim Compensation and
Government Claims Board shall deposit these amounts in the
Restitution Fund.
(f) For purposes of this section, "victim" includes a victim's
immediate surviving family member, on whose behalf restitution has
been ordered.
1752.83. (a) It is the intent of the Legislature that wards of the
Youth Authority be held accountable for intentional damage and
destruction of public property committed while they are confined in
Youth Authority facilities. To that end, and notwithstanding the
provisions of Sections 1752.8 and 1752.81, the Youth Authority may
deduct from a ward's trust fund any amounts that are necessary to pay
for intentional damage to public property caused by the ward while
confined within an institution or other facility of the Youth
Authority.
(b) The Youth Authority shall utilize the procedures in its
regulations for disciplinary actions to determine whether the damage
or destruction was intentionally caused by the ward and, if so, to
determine the amount to be deducted to pay for the damage or
destruction.
(c) Funds that are deducted shall remain with the Youth Authority
and shall be used to repair or replace the public property damaged or
destroyed as provided for in the Budget Act for that fiscal year.
1752.85. The Director of the Youth Authority may authorize the sale
of articles of handiwork made by wards under the jurisdiction of the
authority to the public at Youth Authority institutions, in public
buildings, at fairs, or on property operated by nonprofit
associations. The cost of any state property used for the manufacture
of articles shall be paid for out of funds received from the sale of
the articles. The remainder of any funds received from the sale of
the articles shall be placed in the ward's trust account pursuant to
Section 1752.8 of the Welfare and Institutions Code.
1752.9. The Department of the Youth Authority, with the approval of
the Director of General Services, may lease land at any institution
under its jurisdiction, at a nominal rental, to any nonprofit or
eleemosynary corporation. The terms of the lease shall require the
corporation to construct a house of worship on such land, and to
maintain and operate the same primarily for the use of Youth
Authority wards and staff. All work as an employee on such house of
worship performed under contract or by day labor shall be subject to
the provisions of Division 2, Part 7, of the Labor Code.
1752.95. The director may, from time to time, and as often as
occasion may require, but not to exceed two meetings in any one
calendar year call into conference the probation officers of the
several counties, or such of them as he may deem advisable, for the
purpose of discussing the duties of their offices.
The actual and necessary expenses of the probation officer
incurred while traveling to and from and while attending the
conferences shall be a county charge; provided, prior approval of the
board of supervisors has been obtained.
1753. For the purpose of carrying out its duties, the department is
authorized to make use of law enforcement, detention, probation,
parole, medical, educational, correctional, segregative and other
facilities, institutions and agencies, whether public or private,
within the state. The director may enter into agreements with the
appropriate public officials for separate care and special treatment
in existing institutions of persons subject to the control of the
department.
1753.1. (a) The Director of the Youth Authority may enter into
agreements with any federal agency authorizing the use of the Youth
Authority's facilities and services for the confinement, care and
treatment of persons otherwise not under its jurisdiction when
suitable facilities and services are available. The costs of the
services provided by the Youth Authority shall be borne by the agency
referring the person to the Director of the Youth Authority. The
Director of the Youth Authority may order the person returned to the
agency referring him when suitable facilities or services are not
available. Any such person referred to the Youth Authority pursuant
to this section shall be subject to its rules and regulations.
(b) As used in this section, "person" means any person under the
age of 26 years who is under the jurisdiction of a Federal
Correctional Agency pursuant to federal law.
1753.3. (a) The Director of the Youth Authority may enter into an
agreement with a city, county, or city and county, to permit transfer
of wards in the custody of the Director of the Youth Authority to an
appropriate facility of the city, county, or city and county, if the
official having jurisdiction over the facility has consented. The
agreement shall provide for contributions to the city, county, or
city and county toward payment of costs incurred with reference to
the transferred wards.
(b) When an agreement entered into pursuant to subdivision (a) is
in effect with respect to a particular local facility, the Director
of the Youth Authority may transfer wards and parole violators to the
facility.
(c) Notwithstanding subdivision (b), the Director of the Youth
Authority may deny placement in a local facility to a parole violator
who was committed to the Youth Authority for the commission of any
offense set forth in subdivision (b), paragraph (2) of subdivision
(d), or subdivision (e) of Section 707.
(d) Wards transferred to those facilities are subject to the rules
and regulations of the facility in which they are confined, but
remain under the legal custody of the Department of the Youth
Authority.
1753.4. (a) Pursuant to Section 1753.3 the Director of the Youth
Authority may enter into a long-term agreement not to exceed 20 years
with a city, county, or city and county to place parole violators in
a facility which is specially designed and built for the
incarceration of parole violators and state youth authority wards.
(b) The agreement shall provide that persons providing security at
the facilities shall be peace officers who have completed the
minimum standards for the training of local correctional peace
officers established under Section 6035 of the Penal Code.
(c) In determining the reimbursement rate pursuant to an agreement
entered into pursuant to subdivision (a), the director shall take
into consideration the costs incurred by the city, county, or city
and county for services and facilities provided, and any other
factors which are necessary and appropriate to fix the obligations,
responsibilities, and rights of the respective parties.
(d) The Director of the Youth Authority, to the extent possible,
shall select city, county, or city and county facilities in areas
where medical, food, and other support services are available from
nearby existing prison facilities.
(e) The Director of the Youth Authority, with the approval of the
Department of General Services, may enter into an agreement to lease
state property for a period not in excess of 20 years to be used as
the site for a facility operated by a city, county, or city and
county authorized by this section.
(f) No agreement may be entered into under this section unless the
cost per ward in the facility is no greater than the average costs
of keeping a ward in a comparable Youth Authority facility, as
determined by the Director of the Youth Authority.
1753.6. In any case in which a ward of the Youth Authority is
temporarily released from actual confinement in an institution of the
authority and placed in a county hospital for purposes of delivery
of her child, the authority may reimburse the county for the actual
cost of services rendered by the county hospital to the newborn
infant of the ward.
1753.7. (a) Any female confined in a Department of the Youth
Authority facility shall, upon her request, be allowed to continue to
use materials necessary for (1) personal hygiene with regard to her
menstrual cycle and reproductive system and (2) birth control
measures as prescribed by her physician.
(b) Any female confined in a Department of the Youth Authority
facility shall upon her request be furnished by the department with
information and education regarding prescription birth control
measures.
(c) Family planning services shall be offered to each and every
female confined in a Department of Youth Authority facility at least
60 days prior to a scheduled release date. Upon request any such
female shall be furnished by the department with the services of a
licensed physician or she shall be furnished by the department or by
any other agency which contracts with the department with services
necessary to meet her family planning needs at the time of her
release.
1754. Nothing in this chapter shall be taken to give the Youth
Authority Board or the director control over existing facilities,
institutions or agencies; or to require them to serve the board or
the director inconsistently with their functions, or with the
authority of their officers, or with the laws and regulations
governing their activities; or to give the board or the director
power to make use of any private institution or agency without its
consent; or to pay a private institution or agency for services which
a public institution or agency is willing and able to perform.
1755. Public institutions and agencies are hereby required to
accept and care for persons sent to them by the authority in the same
manner as they would be required to do had such persons been
committed by a court of criminal jurisdiction.
1755.3. Whenever any person under the jurisdiction of the Youth
Authority, or any minor under the jurisdiction of the Department of
Corrections, is in need of medical, surgical, or dental care, the
Youth Authority or the Department of Corrections, as applicable, may
authorize, upon the recommendation of the attending physician or
dentist, as applicable, the performance of that necessary medical,
surgical, or dental service.
1755.4. The Department of the Youth Authority, in consultation with
the State Department of Mental Health shall establish, by
regulations adopted at the earliest possible date, but no later than
December 31, 2001, standards and guidelines for the administration of
psychotropic medications to any person under the jurisdiction of the
Department of the Youth Authority, in a manner that protects the
health and short- and long-term well-being of those persons. The
standards and guidelines adopted pursuant to this section shall be
consistent with the due process requirements set forth in Section
2600 of the Penal Code.
1755.5. The Department of the Youth Authority may transfer to and
cause to be confined in the medical facility, the Correctional
Training Facility at Soledad, the California Institution for Women at
Corona, the Medical Correctional Institution, the California
Institution for Men, the Richard J. Donovan Correctional Facility at
Rock Mountain, or the California Men's Colony under the jurisdiction
of the Department of Corrections for general study, diagnosis, and
treatment, or any of them, any person over the age of 18 years who is
subject to the custody, control, and discipline of the Department of
the Youth Authority who was committed to the Department of the Youth
Authority under Section 1731.5. The Director of Corrections may
receive and keep in any institution specified in this section any
person so transferred to that institution by the Department of the
Youth Authority, with the same powers as if the person had been
placed therein or transferred thereto pursuant to the Penal Code.
The Department of the Youth Authority may transfer to and cause to
be confined in the California Rehabilitation Center for general
study, diagnosis, and treatment, or any of them, any person over the
age of 18 years who is subject to the custody, control and discipline
of the Department of the Youth Authority. The Director of
Corrections may receive and keep in the California Rehabilitation
Center any person so transferred thereto by the Department of the
Youth Authority, with the same powers as if the person had been
placed therein or transferred thereto pursuant to Division 3
(commencing with Section 3000) of this code.
Part 3 (commencing with Section 2000) of the Penal Code, so far as
those provisions may be applicable, applies to persons so
transferred to and confined in any institution specified in this
section, except that, whenever by reason of any law governing the
commitment of a person to the Department of the Youth Authority the
person is deemed not to be a person convicted of a crime, the
transfer or placement of the person in the California Rehabilitation
Center shall not affect the status or rights of the person and shall
not be deemed to constitute a conviction of a crime.
1756. Notwithstanding any other provision of law, if, in the
opinion of the Director of the Youth Authority, the rehabilitation of
any mentally disordered, or developmentally disabled person confined
in a state correctional school may be expedited by treatment at one
of the state hospitals under the jurisdiction of the State Department
of Mental Health or the State Department of Developmental Services,
the Director of the Youth Authority shall certify that fact to the
director of the appropriate department who may authorize receipt of
the person at one of the hospitals for care and treatment. Upon
notification from the director that the person will no longer benefit
from further care and treatment in the state hospital, the Director
of the Youth Authority shall immediately send for, take, and receive
the person back into a state correctional school. Any person placed
in a state hospital under this section who is committed to the
authority shall be released from the hospital upon termination of his
or her commitment unless a petition for detention of that person is
filed under the provisions of Part 1 (commencing with Section 5000)
of Division 5.
1757. The director may inspect all public institutions and agencies
whose facilities he or she is authorized to utilize and all private
institutions and agencies whose facilities he or she is using. Every
institution or agency, whether public or private, is required to
afford the director reasonable opportunity to examine or consult with
persons committed to the Youth Authority who are for the time being
in the custody of the institution or agency.
1758. Placement of a person by the authority in any institution or
agency not operated by the authority, or the discharge of such person
by such an institution or agency, shall not terminate the control of
the authority over such person.
1759. No person placed in such an institution or under such an
agency may be released by the institution or agency until after
approval of the release by the authority, unless the institution or
agency would have power under the law to release at its own
discretion persons committed to it by order of a court. In the latter
case, it may not release a person placed by the authority until a
reasonable time after it has notified the authority of its intention
to release him.
1760. The director is hereby authorized when necessary and when
funds are available for these purposes to establish and operate any
of the following:
(a) Places for the detention, prior to examination and study, of
all persons committed to the Youth Authority.
(b) Places for examination and study of persons committed to the
Youth Authority.
(c) Places of confinement, educational institutions, hospitals and
other correctional or segregative facilities, institutions and
agencies, for the proper execution of the duties of the Youth
Authority.
(d) Agencies and facilities for the supervision, training, and
control of persons who have not been placed in confinement or who
have been released from confinement by the Youth Authority Board upon
conditions, and for aiding those persons to find employment and
assistance.
(e) Agencies and facilities designed to aid persons who have been
discharged by the Youth Authority Board in finding employment and in
leading a law-abiding existence.
1760.4. (a) The wards housed in forestry camps established by the
Department of the Youth Authority may be required to labor on the
buildings and grounds of the camp, on the making of forest roads for
fire prevention or firefighting, on forestation or reforestation of
public lands, or on the making of firetrails and firebreaks, or to
perform any other work or engage in any studies or activities
prescribed or permitted by the department or any officer designated
by it.
(b) The wards may be required to labor in fire suppression if all
of the following conditions are met:
(1) The ward is under the age of 18 years and the parent or
guardian of the ward has given permission for that labor by the ward,
or the ward is 18 years of age or over.
(2) The ward has received not less than 16 hours of training in
forest firefighting and fire safety.
The department may, during declared fire emergencies, allow the
Director of the Department of Forestry and Fire Protection to use the
wards for fire suppression efforts outside of the boundaries of
California, not to exceed a distance in excess of 25 miles from the
California border, along the borders of Oregon, Nevada, or Arizona.
(c) The department may provide, in cooperation with the Department
of Parks and Recreation and the Department of Conservation or
otherwise, for the payment of wages to the wards for work they do
while housed on the camps, the sums earned to be paid in reparation,
or to the parents or dependents of the ward, or to the ward in any
manner and in any proportions as the Department of the Youth
Authority directs.
1760.5. The director may require persons committed to the authority
to perform work necessary and proper to be done by the Department of
Forestry and Fire Protection, the Department of Water Resources, the
Department of Parks and Recreation, and the Department of Fish and
Game, by the Division of State Lands, by the United States Department
of Agriculture, and by the federal officials and departments in
charge of national forests and parks within this state. For the
purposes of this section, the director, with the approval of the
Department of General Services, may enter into contracts with federal
and state officials and departments. All moneys received by the
director pursuant to any of those contracts shall be paid into the
State Treasury to the credit and in augmentation of the current
appropriation for the support of the authority. The director may
provide, from those moneys, for the payment of wages to the wards for
work they do pursuant to any of those contracts, the wages to be
paid into the Indemnity Fund created pursuant to Section 13967 of the
Government Code, or to the parents or dependents of the ward, or to
the ward in the manner and in those proportions as the Department of
the Youth Authority directs.
1760.6. The department may provide for the payment of wages to
wards for work performed pursuant to Section 2816 of the Penal Code,
the sums earned to be paid in reparation, or to the parents or
dependents of the ward, or to the ward, in any manner and in any
proportions that the department directs.
1760.7. The director shall investigate, examine, and make reports
upon adult and juvenile probation.
The director may establish standards for the performance of
probation duties, and upon request consult with and make
investigations and recommendations to probation officers, probation
committees, juvenile justice commissions, and to judges of the
superior courts, including such judges as are designated juvenile
court judges of any county.
The director may also, upon request, consult with, make
investigations for, and recommendations to probation officers,
probation committees, juvenile justice commissions, and to judges of
the superior courts, including such judges as are designated juvenile
court judges of any county, to aid them in the operation and
maintenance of their juvenile halls.
1760.8. (a) The Department of the Youth Authority shall annually
develop a population management and facilities master plan presenting
projected population and strategies for treatment and housing of
wards for the succeeding five-year period. This plan shall set forth
the department's strategy for bridging the gap between available
bedspace and the projected ward population. This master plan shall be
updated and submitted to the Legislature by January 10 of each year.
(b) The Department of the Youth Authority may contract with the
Department of Corrections or the Office of Project Development and
Management within the Department of General Services for professional
and construction services related to the construction of facilities
or renovation projects included in the Department of the Youth
Authority's 1994-99 master plan for which funds are appropriated by
the Legislature. The Department of the Youth Authority shall be
responsible for program planning and all design decisions. The
Department of Corrections or the Department of General Services
shall, in consultation with the Department of the Youth Authority,
ensure that all facilities are designed and constructed specifically
for the needs of the youthful offender population. The Department of
the Youth Authority also shall ensure that the design and
construction of any facilities are consistent with the mission of the
Department of the Youth Authority, which emphasizes the protection
of the public from criminal activity and the rehabilitation of
youthful offenders by providing education, training, and treatment
services for those offenders committed by the courts. Any power,
function, or jurisdiction for planning, design, and construction of
facilities or renovation projects pursuant to the 1994-99 master plan
that is conferred upon the Department of General Services shall be
deemed to be conferred upon the Department of Corrections for
purposes of this section. The Director of the Department of General
Services may, upon the request of the Director of the Department of
Corrections, delegate to the Department of Corrections any power,
function, or jurisdiction for planning, design, and construction of
any additional projects included within subsequent Department of the
Youth Authority master plans.
1761. The Youth Authority shall establish policies for a background
assessment of all persons committed to the Youth Authority in order
to supplement the case history provided by the county which committed
the person to it.
1763. The authority shall keep written records of all examinations
and of the conclusions predicated thereon and of all orders
concerning the disposition or treatment of every person subject to
its control. After five years from the date on which the jurisdiction
of the authority over a ward is terminated the authority may destroy
such records. For the purposes of this section "destroy" means
destroy or dispose of for the purpose of destruction.
1764. Notwithstanding any other provision of law, any of the
following information in the possession of the Youth Authority
regarding persons 16 years of age or older who were committed to the
Youth Authority by a court of criminal jurisdiction, or who were
committed to the Department of Corrections and were subsequently
transferred to the Youth Authority, shall be disclosed to any member
of the public, upon request, by the director or his or her designee:
(a) The name and age of the person.
(b) The court of commitment and the offense that was the basis of
commitment.
(c) The date of commitment.
(d) Any institution where the person is or was confined.
(e) The actions taken by any paroling authority regarding the
person, which relate to parole dates.
(f) The date the person is scheduled to be released to the
community, including release to a reentry work furlough program.
(g) The date the person was placed on parole.
(h) The date the person was discharged from the jurisdiction of
the Youth Authority and the basis for the discharge.
(i) In any case where the person has escaped from any institution
under the jurisdiction of the Youth Authority, a physical description
of the person and the circumstances of the escape.
The provisions of this section shall not be construed to authorize
the release of any information which could place any individual in
personal peril; which could threaten Youth Authority security; or
which is exempt from disclosure pursuant to the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code).
1764.1. Notwithstanding any other provision of law, the director or
his or her designee may release the information described in Section
1764 regarding a person committed to the Youth Authority by a
juvenile court for an offense described in subdivision (a) of Section
676, to any member of the public who requests the information,
unless the court has ordered confidentiality under subdivision (c) of
Section 676.
1764.2. (a) Notwithstanding any other provision of law, the chief
deputy secretary or the chief deputy secretary's designee shall
release the information described in Section 1764 regarding a person
committed to the Division of Juvenile Facilities, to the victim of
the offense, the next of kin of the victim, or his or her
representative as designated by the victim or next of kin pursuant to
Section 1767, upon request, unless the court has ordered
confidentiality under subdivision (c) of Section 676. The victim or
the next of kin shall be identified by the court or the probation
department in the offender's commitment documents before the chief
deputy secretary is required to disclose this information.
(b) The chief deputy secretary or the chief deputy secretary's
designee shall, with respect to persons committed to the Division of
Juvenile Facilities, including persons committed to the Department of
Corrections and Rehabilitation who have been transferred to the
Division of Juvenile Facilities, inform each victim of that offense,
the victim's next of kin, or his or her representative as designated
by the victim or next of kin pursuant to Section 1767, of his or her
right to request and receive information pursuant to subdivision (a)
and Section 1767.
1764.3. (a) Whenever a person is committed to the Youth Authority
by a court of criminal jurisdiction, or is committed to the
Department of Corrections and subsequently transferred to the Youth
Authority, for a conviction of a violent felony listed in subdivision
(c) of Section 667.5 of the Penal Code, the director or his or her
designee shall, with respect to that person, provide all notices that
would be required to be provided by the Board of Prison Terms or the
Department of Corrections pursuant to Sections 3058.6 and 3058.8 of
the Penal Code, if that person were confined in their respective
institutions.
(b) In order to be entitled to receive from the department,
pursuant to subdivision (a), the notice set forth in Section 3058.8
of the Penal Code, the requesting party shall keep the department
informed of his or her current mailing address.
(c) The notice required under this section shall be provided
within 10 days of release with respect to persons committed to the
Youth Authority by a court of criminal jurisdiction.
1764.5. Whenever a minor is incarcerated in a Youth Authority
facility for a period of at least 30 consecutive days, the Youth
Authority shall inform the State Department of Social Services of the
name, date of birth, social security number, and county of residence
of the incarcerated person.
1765. (a) Except as otherwise provided in this chapter, the
Department of the Youth Authority and the Youth Authority Board shall
keep under continued study a person in their control and shall
retain him or her, subject to the limitations of this chapter, under
supervision and control so long as in their judgment that control is
necessary for the protection of the public.
(b) The board shall discharge that person as soon as in its
opinion there is reasonable probability that he or she can be given
full liberty without danger to the public.
1766. (a) This section applies only to a ward who is released to
parole supervision prior to the operative date of the act adding this
subdivision.
(b) Subject to Sections 733 and 1767.35, and subdivision (c) of
this section, if a person has been committed to the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities, the
Juvenile Parole Board, according to standardized review and appeal
procedures established by the board in policy and regulation and
subject to the powers and duties enumerated in subdivision (b) of
Section 1719, may do any of the following:
(1) Permit the ward his or her liberty under supervision and upon
conditions it believes are best designed for the protection of the
public.
(2) Order his or her confinement under conditions it believes best
designed for the protection of the public pursuant to the purposes
set forth in Section 1700, except that a person committed to the
division pursuant to Sections 731 or 1731.5 may not be held in
physical confinement for a total period of time in excess of the
maximum periods of time set forth in Section 731. Nothing in this
subdivision limits the power of the board to retain the minor or the
young adult on parole status for the period permitted by Sections
1769, 1770, and 1771.
(3) Order reconfinement or renewed release under supervision as
often as conditions indicate to be desirable.
(4) Revoke or modify any parole or disciplinary appeal order.
(5) Modify an order of discharge if conditions indicate that the
modification is desirable and when that modification is to the
benefit of the person committed to the division.
(6) Discharge him or her from its control when it is satisfied
that discharge is consistent with the protection of the public.
(c) The following provisions shall apply to any ward eligible for
release on parole on or after September 1, 2007, who was committed to
the custody of the Division of Juvenile Facilities for an offense
other than one described in subdivision (b) of Section 707 or
subdivision (c) of Section 290.008 of the Penal Code:
(1) The county of commitment shall supervise the reentry of any
ward released on parole on or after September 1, 2007, who was
committed to the custody of the division for committing an offense
other than those described in subdivision (b) of Section 707 or
subdivision (c) of Section 290.008 of the Penal Code.
(2) Not less than 60 days prior to the scheduled parole
consideration hearing of a ward described in this subdivision, the
division shall provide to the probation department and the court of
the committing county, and the ward's counsel, if known, the most
recent written review prepared pursuant to Section 1720, along with
notice of the parole consideration hearing date.
(3) (A) Not less than 30 days prior to the scheduled parole
consideration hearing, the division shall notify the ward of the date
and location of the parole consideration hearing. A ward shall have
the right to contact his or her parent or guardian, if he or she can
reasonably be located, to inform the parent or guardian of the date
and location of the parole consideration hearing. The division shall
also allow the ward to inform other persons identified by the ward,
if they can reasonably be located, and who are considered by the
division as likely to contribute to a ward's preparation for the
parole consideration hearing or the ward's postrelease success.
(B) This paragraph shall not apply if either of the following
conditions is met:
(i) A minor chooses not to contact his or her parents, guardians,
or other persons and the director of the division facility determines
it would be in the best interest of the minor not to contact the
parents, guardians, or other persons.
(ii) A person 18 years of age or older does not consent to the
contact.
(C) Upon intake of a ward into a division facility, and again upon
attaining 18 years of age while in the custody of the division, an
appropriate staff person shall explain the provisions of
subparagraphs (A) and (B), using language clearly understandable to
the ward.
(D) Nothing in this paragraph shall be construed to limit the
right of a ward to an attorney under any other law.
(4) Not less than 30 days prior to the scheduled parole
consideration hearing of a ward described in this subdivision, the
probation department of the committing county may provide the
division with its written plan for the reentry supervision of the
ward. At the parole consideration hearing, the Board of Parole
Hearings shall, in determining whether the ward is to be released,
consider a reentry supervision plan submitted by the county.
(5) Any ward described in this subdivision who is granted parole
shall be placed on parole jurisdiction for up to 15 court days
following his or her release. The board shall notify the probation
department and the court of the committing county within 48 hours of
a decision to release a ward.
(6) Within 15 court days of the release by the division of a ward
described in this subdivision, the committing court shall convene a
reentry disposition hearing for the ward. The purpose of the hearing
shall be for the court to identify those conditions of probation that
are appropriate under all the circumstances of the case. The court
shall, to the extent it deems appropriate, incorporate a reentry plan
submitted by the county probation department and reviewed by the
board into its disposition order. At the hearing the ward shall be
fully informed of the terms and conditions of any order entered by
the court, including the consequences for any violation thereof. The
procedure of the reentry disposition hearing shall otherwise be
consistent with the rules, rights, and procedures applicable to
delinquency disposition hearings as described in Article 17
(commencing with Section 675) of Chapter 2 of Part 1 of Division 2.
(7) The division shall have no further jurisdiction over a ward
described in this subdivision who is released on parole by the board
upon the ward's court appearance pursuant to paragraph (5).
(d) Within 60 days of intake, the division shall provide the court
and the probation department with a treatment plan for the ward.
(e) A ward shall be entitled to an appearance hearing before a
panel of board commissioners for any action that would result in the
extension of a parole consideration date pursuant to subdivision (d)
of Section 5076.1 of the Penal Code.
(f) The department shall promulgate policies and regulations to
implement this section.
(g) Commencing on July 1, 2004, and annually thereafter, for the
preceding fiscal year, the department shall collect and make
available to the public the following information:
(1) The total number of ward case reviews conducted by the
division and the board, categorized by guideline category.
(2) The number of parole consideration dates for each category set
at guideline, above guideline, and below guideline.
(3) The number of ward case reviews resulting in a change to a
parole consideration date, including the category assigned to the
ward, the amount of time added to or subtracted from the parole
consideration date, and the specific reason for the change.
(4) The percentage of wards who have had a parole consideration
date changed to a later date, the percentage of wards who have had a
parole consideration date changed to an earlier date, and the average
annual time added or subtracted per case.
(5) The number and percentage of wards who, while confined or on
parole, are charged with a new misdemeanor or felony criminal
offense.
(6) Any additional data or information identified by the
department as relevant.
(h) As used in subdivision (g), the term "ward case review" means
any review of a ward that changes, maintains, or appreciably affects
the programs, treatment, or placement of a ward.
(i) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
1766. (a) Subject to Sections 733 and 1767.35, and subdivision (b)
of this section, if a person has been committed to the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities, the
Juvenile Parole Board, according to standardized review and appeal
procedures established by the board in policy and regulation and
subject to the powers and duties enumerated in subdivision (a) of
Section 1719, may do any of the following:
(1) Set a date on which the ward shall be discharged from the
jurisdiction of the Division of Juvenile Facilities and permitted his
or her liberty under supervision of probation and subject to the
jurisdiction of the juvenile court pursuant to subdivision (b).
(2) Order his or her confinement under conditions the board
believes best designed for the protection of the public pursuant to
the purposes set forth in Section 1700, except that a person
committed to the division pursuant to Section 731 or 1731.5 may not
be held in physical confinement for a total period of time in excess
of the maximum periods of time set forth in Section 731.
(3) Discharge him or her from any formal supervision when the
board is satisfied that discharge is consistent with the protection
of the public.
(b) The following provisions shall apply to any ward eligible for
discharge from his or her commitment to the custody of the Department
of Corrections and Rehabilitation, Division of Juvenile Facilities.
Any order entered by the court pursuant to this subdivision shall be
consistent with evidence-based practices and the interest of public
safety.
(1) The county of commitment shall supervise the reentry of any
ward still subject to the court's jurisdiction and discharged from
the jurisdiction of the Division of Juvenile Facilities. The
conditions of the ward's supervision shall be established by the
court pursuant to the provisions of this section.
(2) Not less than 60 days prior to the scheduled discharge
consideration hearing of a ward described in this subdivision, the
division shall provide to the probation department and the court of
the committing county, and the ward's counsel, if known, the most
recent written review prepared pursuant to Section 1720, along with
notice of the discharge consideration hearing date.
(3) (A) Not less than 30 days prior to the scheduled discharge
consideration hearing, the division shall notify the ward of the date
and location of the discharge consideration hearing. A ward shall
have the right to contact his or her parent or guardian, if he or she
can reasonably be located, to inform the parent or guardian of the
date and location of the discharge consideration hearing. The
division shall also allow the ward to inform other persons identified
by the ward, if they can reasonably be located, and who are
considered by the division as likely to contribute to a ward's
preparation for the discharge consideration hearing or the ward's
postrelease success.
(B) This paragraph shall not apply if either of the following
conditions is met:
(i) A minor chooses not to contact his or her parents, guardians,
or other persons and the director of the division facility determines
it would be in the best interest of the minor not to contact the
parents, guardians, or other persons.
(ii) A person 18 years of age or older does not consent to the
contact.
(C) Upon intake of a ward committed to a division facility, and
again upon attaining 18 years of age while serving his or her
commitment in the custody of the division, an appropriate staff
person shall explain the provisions of subparagraphs (A) and (B),
using language clearly understandable to the ward.
(D) Nothing in this paragraph shall be construed to limit the
right of a ward to an attorney under any other law.
(4) Not less than 30 days prior to the scheduled discharge
consideration hearing of a ward described in this subdivision, the
probation department of the committing county may provide the
division with its written plan for the reentry supervision of the
ward. At the discharge consideration hearing, the Juvenile Parole
Board shall, in determining whether the ward is to be released,
consider a reentry supervision plan submitted by the county.
(5) If the Juvenile Parole Board determines that a ward is ready
for discharge to county supervision pursuant to subdivision (a), the
board shall set a date for discharge from the jurisdiction of the
Division of Juvenile Facilities no less than 14 days after the date
of such determination. The board shall also record any postrelease
recommendations for the ward. These recommendations will be sent to
the committing court responsible for setting the ward's conditions of
supervision no later than seven days from the date of such
determination.
(6) No more than four days but no less than one day prior to the
scheduled date of the reentry disposition hearing before the
committing court, the Division of Juvenile Facilities shall transport
and deliver the ward to the custody of the probation department of
the committing county. On or prior to a ward's date of discharge from
the Division of Juvenile Facilities, the committing court shall
convene a reentry disposition hearing for the ward. The purpose of
the hearing shall be for the court to identify those conditions of
supervision that are appropriate under all the circumstances of the
case and consistent with evidence-based practices. The court shall,
to the extent it deems appropriate, incorporate postrelease
recommendations made by the board as well as any reentry plan
submitted by the county probation department and reviewed by the
board into its disposition order. At the hearing the ward shall be
fully informed of the terms and conditions of any order entered by
the court, including the consequences for any violation thereof. The
procedure of the reentry disposition hearing shall otherwise be
consistent with the rules, rights, and procedures applicable to
delinquency disposition hearings as described in Article 17
(commencing with Section 675) of Chapter 2 of Part 1 of Division 2.
(7) The Department of Corrections and Rehabilitation shall have no
further jurisdiction over a ward who is discharged by the board.
(8) Notwithstanding any other law or any other provision of this
section and consistent with the provisions of Section 1984,
commencing July 1, 2014, all wards who remain on parole under the
jurisdiction of the Division of Juvenile Facilities shall be
discharged and transferred to the supervision of the committing court
for the remainder of their jurisdiction.
(c) Within 60 days of intake, the Division of Juvenile Facilities
shall provide the court and the probation department with a treatment
plan for the ward.
(d) Commencing July 1, 2014, and annually thereafter, for the
preceding fiscal year, the department shall collect and make
available to the public the following information:
(1) The total number of ward case reviews conducted by the
division and the board, categorized by guideline category.
(2) The number of discharge consideration dates for each category
set at guideline, above guideline, and below guideline.
(3) The number of ward case reviews resulting in a change to a
discharge consideration date, including the category assigned to the
ward and the specific reason for the change.
(4) The percentage of wards who have had a discharge consideration
date changed to a later date, the percentage of wards who have had a
discharge consideration date changed to an earlier date, and the
average annual time added or subtracted per case.
(5) The number and percentage of wards who, while confined or on
parole, are charged with a new misdemeanor or felony criminal
offense.
(6) Any additional data or information identified by the
department as relevant.
(e) As used in subdivision (d), the term "ward case review" means
any review of a ward that changes, maintains, or appreciably affects
the programs, treatment, or placement of a ward.
(f) This section shall become operative on July 1, 2014.
1766.01. (a) This section shall become operative on the 90th day
after the enactment of the act adding this section.
(b) Subject to Sections 733 and 1767.36, and subdivision (c) of
this section, if a person has been committed to the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities, the
Juvenile Parole Board, according to standardized review and appeal
procedures established by the board in policy and regulation and
subject to the powers and duties enumerated in subdivision (b) of
Section 1719.5, may do any of the following:
(1) Set a date on which the ward shall be discharged from the
jurisdiction of the Division of Juvenile Facilities and permitted his
or her liberty under supervision of probation and subject to the
jurisdiction of the juvenile court pursuant to subdivision (c).
(2) Order his or her confinement under conditions the board
believes best designed for the protection of the public pursuant to
the purposes set forth in Section 1700, except that a person
committed to the division pursuant to Section 731 or 1731.5 may not
be held in physical confinement for a total period of time in excess
of the maximum periods of time set forth in Section 731.
(3) Discharge him or her from any formal supervision when the
board is satisfied that discharge is consistent with the protection
of the public.
(c) The following provisions shall apply to any ward eligible for
discharge from his or her commitment to the custody of the Department
of Corrections and Rehabilitation, Division of Juvenile Facilities.
Any order entered by the court pursuant to this subdivision shall be
consistent with evidence-based practices and the interest of public
safety.
(1) The county of commitment shall supervise the reentry of any
ward still subject to the court's jurisdiction and discharged from
the jurisdiction of the Division of Juvenile Facilities. The
conditions of the ward's supervision shall be established by the
court pursuant to the provisions of this section.
(2) Not less than 60 days prior to the scheduled discharge
consideration hearing of a ward described in this subdivision, the
division shall provide to the probation department and the court of
the committing county, and the ward's counsel, if known, the most
recent written review prepared pursuan