California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 6 - Division of Juvenile Justice
Chapter 7 - Board of Juvenile Hearings
Article 3 - Parole Consideration Date
Section 30815 - General Policies

Universal Citation: 9 CA Code of Regs 30815

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

In Article 2 of this chapter, the Board establishes categories of offenses which reflect its view of the seriousness of specific offenses and the degree of danger those committed to the Youth Authority pose to the public. The Board prescribes an interval of time for each category as a guide in establishing a parole consideration date.

(a) A parole consideration date represents, from its date of establishment, an interval of time in which a ward 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.

(b) A parole consideration date and Board hearing category shall be established for each ward at an initial hearing. A parole consideration date shall be established at a disposition hearing in which parole is revoked.

(c) An initial parole consideration date shall be established from the date of acceptance by the Youth Authority of a ward committed by a court of competent jurisdiction or from the date of the disposition hearing in which parole is revoked. When a ward escapes prior to delivery to the Youth Authority, the parole consideration date shall start from the date received in a Youth Authority institution.

(d) Day-for-day credit for time spent in local custody for the commitment offense shall not be credited toward the establishment of the parole consideration date; however, a judgment shall be made as to the effect, if any, that the ward's experiences and behavior while in local custody have on the ward's training and treatment needs. Such judgment shall be taken into consideration in establishing the parole consideration date.

(e) Pursuant to applicable law, credit for time served in local custody shall be applied to the maximum confinement time authorized for each individual ward.

(f)

(1) A decision on the parole consideration date shall be made on each case by Board hearing category (category) of offense at the initial hearing by the appropriate panel as set forth in Article 2, (Section 30807 et seq.) or by a referee at a disposition hearing. Those cases committed from the juvenile court on the total record which includes one or more offenses which have been the subject of a prior petition and disposition shall have the category of decision making procedures set by the most serious offense in the total record, and the most recent offense shall establish the parole consideration date interval category. All other cases involving a commitment for multiple offenses shall have the parole consideration date and category set by the most serious offense in the total record.

(2) Wards already committed to the Youth Authority who receive a subsequent (additional) commitment to the Youth Authority shall be scheduled for a new initial Board hearing at which time the Board shall set the category by the most serious offense in the overall record.

If the additional commitment is for an offense more serious than that for which the ward was originally committed, the PCD shall be set from the date of action for the additional commitment. If the additional commitment is for an offense less serious than or equal to the original commitment, the PCD shall be adjusted to meet additional program needs based on the additional offense. Adjustment of the PCD is limited by deviation authority. Further deviation must be referred to the appropriate panel.

The parole consideration date established for the additional commitment shall not exceed the baseline, plus authorized deviation, of the higher category. Any further deviation must be referred to the appropriate panel.

Notwithstanding any other provisions of Article 2 of this chapter, no parole consideration date shall be established which exceeds a ward's available confinement time.

(g) A parole consideration date may be adjusted by the Board in response to the individual training and treatment needs of a ward.

(h) The parole consideration date guidelines as set forth in Article 2 for confinement time intervals which apply to each ward are those that were in effect on the date of that person's most recent commitment offense or parole violation whichever occurred later. The procedure for deviation and modification of parole consideration dates set forth in this article shall apply to all wards regardless of the date of their commitment or parole violation. In deviating from or modifying a parole consideration date the Board shall state its reasons in the Board Order.

(i) Guidelines for deviating from the prescribed parole consideration date include, but are not limited to, the following factors relating to a ward:

(1) Extent of involvement in commitment offense(s). (Minimal or extensive.)

(2) Prior history of delinquency or criminal behavior including sustained petitions and/or convictions. (Minimal or extensive.)

(3) Involvement with dangerous or deadly weapons, their possession or use.

(4) Violence, actual or potential. Injury to victims. (Minimal or extensive.)

(5) Behavior or adjustment while in custody prior to acceptance of commitment.

(6) Attitude toward commitment offense(s) and victims of offense(s).

(7) Alcohol/drug abuse.

(8) Facts in mitigation or aggravation as established by court findings.

(9) Psychiatric/psychological needs.

(10) Staff evaluation.

(11) Available confinement time.

(12) Maturity and level of sophistication.

(13) Motivation of the ward and prognosis for success or failure.

(14) Multiplicity of counts of the same, related, or different offense.

(15) Factors evaluated in the Community Assessment Report (positive and negative).

(16) Availability of community-based programs and the ability to function in same under parole supervision without danger to the public.

(17) Mental or emotional injury to victim.

(18) Vulnerable victim: aged or handicapped.

(19) Presence of victim during commission of burglary, first degree.

(20) Extent the committing offense was youth gang related (minimal or extensive).

(j) Guidelines for modification of an established parole consideration date and to assist in determining readiness for parole include, but are not limited to, the following factors:

(1) Protection of the public.

(2) Prior probation/parole failure.

(3) Attitude and sense of responsibility toward commitment offense.

(4) Attainment of institutional goals.

(5) Institutional behavior.

(6) Participation in program.

(7) Educational potential.

(8) Employment potential.

(9) Emotional adjustment.

(10) Staff evaluation, treatment team report, psychiatric report.

(11) Special psychiatric/psychological needs.

(12) Alcohol/drug dependency.

(13) Family support.

(14) Future plans.

(15) Placement potential.

(16) Community reaction.

(17) Availability of community-based program(s) to further treatment and training needs.

(18) Motivation and prognosis for success.

(19) Probability of recidivism.

(20) Continuing (or abstaining) participation in youth gang activities while incarcerated.

1. Change without regulatory effect adopting new article 3 (sections 30815-30816) and renumbering former title 15, section 4945 to new title 9, section 30815, 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 1722, Welfare and Institutions Code. Reference: Sections 1712, 1719, 1721, 1723 and 1766, Welfare and Institutions Code.

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