Current through Register 2024 Notice Reg. No. 38, September 20, 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.
(B) Tractability. Is the youth's delinquent
behavior so firmly established that there is little likelihood that it can be
changed by commitment to the Division of Juvenile Justice? Considerations in making
this determination include:
1. The youth's history
of criminal/delinquent behavior.
2. The
youth's degree of criminal sophistication.
3. The success of prior efforts to help the youth
change behavior.
4. Whether the youth
has demonstrated willingness to participate in programs designed to result in
correction of unacceptable behavior.
(2) A youth will be materially benefited and the
public protected when incapacitation is needed to shield the public and such youth
from further delinquent behavior. Factors to be considered under this subsection
include:
(A) The incidence of delinquent
behavior.
(B) History of close
association with nonlaw-abiding youth.
(C) Emotional stability.
(D) Apparent motivation to commit further crimes,
for example, revenge, etc.
(E) Family
associations that do not support law-abiding behavior.
1. Change without
regulatory effect renumbering title 15, section
4171 to title 9, section
31321 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
and
1741,
Welfare and Institutions Code.
