California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 6 - Division of Juvenile Justice
Chapter 7 - Board of Juvenile Hearings
Article 4 - Actions in Institutions
Section 30825 - Prohibited Institution Behavior and Sanctions

Universal Citation: 9 CA Code of Regs 30825

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

Institutions and camps shall report to the board at his next board appearance, any ward found by Disciplinary Decision Making System (DDMS) proceedings to have engaged in any prohibited behavior as enumerated in this section.

(a) Staff Reports. Staff reports shall include:

(1) The date, a description of the specific behavior, and the specific finding of fact for each incident. All such behavioral incidents shall be listed in chronological order in progress or annual review reports.

(2) Any disciplinary action imposed by staff at institutions or camps, including program adjustment and detention information, shall also include the reasons therefor.

(3) A recommendation when the board is asked to impose a sanction.

(4) A statement of reasons when recommending the board deviate from the sanctions prescribed by this section for prohibited behavior.

(b) Co-offenders. When full board and regular board cases are involved in the same disciplinary incident all such cases shall, if at all possible, be presented to the same full board panel when staff is recommending an extension of parole consideration dates. If such presentation is not possible, a copy of the clinical report and a full report of the disposition of such co-offender(s) shall be included in the report.

(c) Sanctions. Sanctions in the form of extending parole consideration dates are established for each of the prohibited behaviors described in this section. The board may deviate from the prescribed sanctions. However, the board's ability to deviate from these sanctions is subject to the same provisions on modifying parole consideration dates as set forth in Article 2 of this chapter. The board shall set forth its reasons in a clear and concise manner in the board order when it deviates from the prescribed sanctions.

(d) Behaviors. A ward in an institution or camp found to have engaged in any of the behaviors described in this section shall be presented to board immediately upon completion of the DDMS proceedings only if staff is recommending extension of his/her parole consideration date. The ward is subject to board disposition in the form of extending his parole consideration date. The range of prescribed sanctions for each behavior follows the description of the behavior:

(1) Individual, group, or gang physical attack, with or without weapons on staff, wards, or any persons not in custody. Prescribed range: 1-12 months.

(2) Participating in any sexual act without the consent of the other participant. Prescribed range: 1-9 months.

(3) Possession or manufacturing of a weapon or other object--the primary intent or purpose of which is to inflict injury. Prescribed range: 1-9 months.

(4) Unlawfully using, possessing, manufacturing, selling, or bringing into an institution any controlled substance (dangerous drugs or narcotics). Prescribed range: 1-9 months.

(5) Escaping from the custody of the Youth Authority by use of force upon another person. Prescribed range: 1-9 months.

(6) Holding another person by force or threat of force against such person's will for the purpose of compelling that person, another person, or the Youth Authority to follow a demanded course of action. Prescribed range: 1-9 months.

(7) Any conviction or sustained petition while a ward is under the control of an institution or camp. Prescribed range: 1-6 months.

(8) Any other prohibited behavior when staff believes an extension of a parole consideration date is warranted. Prescribed range: 1-6 months.

1. Change without regulatory effect adopting new article 4 (sections 30825-30826) and renumbering former title 15, section 4961 to new title 9, section 30825, including amendment of subsection (c), 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 1720, 1765 and 1766, Welfare and Institutions Code.

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