California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 6 - Division of Juvenile Justice
Chapter 7 - Board of Juvenile Hearings
Article 11 - Honorable Discharge Process
Section 30890 - Honorable Discharge

Universal Citation: 9 CA Code of Regs 30890

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) A youth may be granted an honorable discharge when the youth has desisted from criminal behavior and shown sustained effort in one or more of the following areas:

(1) Obtaining employment;

(2) Pursuing education;

(3) Developing a vocation;

(4) Strengthening familial relationships;

(5) Engaging in the community;

(6) Building a network of supportive adults, positive peers, or both; or

(7) Other endeavors that helped the youth re-enter the community safely or transition into adulthood successfully.

(b) An applicant is not eligible for honorable discharge if the applicant has been convicted of a felony in any jurisdiction within two years from the date of the petition for honorable discharge.

(c) The Board shall consider mitigating factors and underlying behaviors since returning to the community related to any felony occurring more than two years prior to the petition for honorable discharge, any misdemeanor occurring prior to the petition, or any form of supervision ordered by a state or federal court, including:

(1) Length of time elapsed since the offense;

(2) Seriousness of the offense;

(3) Frequency of the underlying behavior;

(4) How the applicant responded to the offense and what steps were taken to self-correct the behavior; and

(5) Whether there is a nexus between the subsequent behavior and the offense that resulted in commitment to, or housing in, the Division.

(d) An applicant shall have the right to appeal the denial of an honorable discharge as provided in section 4996.

(e) An applicant may request reconsideration of the denial of an honorable discharge as provided in section 4996.5.

(f) All documents submitted to the Board as part of the application shall be retained while proceedings are stayed.

1. Amendment of article heading and new section filed 5-20-2021; operative 7-1-2021 (Register 2021, No. 21).

Note: Authority cited: Sections 1712 and 1722, Welfare and Institutions Code. Reference: Sections 1177, 1179 and 1772, Welfare and Institutions Code.

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