Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Attendance
at Hearings. Attendance at hearings in institutions and camps is limited to:
(1) Appropriate administrative and treatment team
staff and a clerk when available.
(2) A
ward's parents, guardians, spouse or a relative designated by a parent or guardian,
shall be permitted to attend a Board hearing as observers; however, any of these
persons may be excluded by the Board for good cause, and shall be excluded if the
ward makes a reasonable objection to their presence. Reasons for exclusion shall be
set forth in writing by a memorandum to the case file by the Board panel
chairperson.
(3) Members of the public
having a professional interest in the work of the Board or the Youth Authority or in
a specific ward or hearing may be permitted to attend those hearing in which they
have a particular interest as observers. Observers may not represent wards.
Representation is governed by §4979 of these regulations. If the ward
objects to their presence, such observers shall be excluded from the hearing room
unless otherwise authorized by statute.
(b) Hearing Presentations. Witnesses, including
victims, having an interest in a particular ward or case may request an opportunity
to make a presentation to the Board panel. Such persons may, upon their request,
provide their testimony out of the presence of the ward prior to the commencement of
the hearing. The Board panel shall make an audio or video record of the
presentation, and shall play the recorded presentation on the record during the
ward's hearing, unless the presentation qualifies under (2) of this subsection. If
the presentation qualifies under (2) of this subsection, the Member or Board
representative shall advise the ward of the substance of the presentation while
maintaining the confidentiality of the source or witness.
(1) Arranging Hearing Presentations. Requests for
hearing presentations shall be referred to the executive officer. The executive
officer and the office of the superintendent shall cooperate in the scheduling of an
interview. The executive officer will be notified of the appointment; however, final
approval for a hearing presentation rests with the chairperson at the designated
location.
(2) Confidential Status of
Hearing Presentations to the Board. The confidential status of these presentations
is conditional. Confidential status is granted only if the information is sensitive
and not directly related to the ward's behavior.
(A) Examples of sensitive information are:
1. Parents who are not natural parents.
2. A ward born out of wedlock or from an uncertain
relationship.
3. A ward born in a mental
hospital or prison while the mother was undergoing treatment or was
incarcerated.
(B) The Board
will share sensitive information relating to a ward's behavior with his/her casework
supervisor.
(c) Case
Reports for the Board.
(1) Staff may request a
modification of an existing order regarding a ward when the ward's behavior or
circumstances indicate a need to do so. In reports to the Board, staff may recommend
referral to parole or any other action deemed appropriate for the ward. At such
hearings the Board shall take cognizance of such changes that may have occurred with
regard to the individual and correctional needs of the ward. The Board in modifying
any established parole consideration date shall act in accordance with Sections
30807-30813.
(2) All case reports to the Board shall address
the specific issues of parole readiness as set forth in Section
30815(h), (i) and (j)
in addition to other matters presented.
(3) During an initial hearing, the Board may refer
a ward to an institution or camp or to parole. When a recommendation for referral to
parole at an initial hearing is to be considered, staff shall prepare a written
progress report which shall be considered by the Board along with the parole
placement report.
(d)
Community Reaction Reports. A request by the Board for a community reaction report
shall be made only by Board Order.
1. Change without
regulatory effect renumbering former title 15, section
4944 to new title 9, section
30846, including amendment of
subsections (c)(1)-(2), filed 3-2-2020 pursuant to section
100, title 1, California Code of
Regulations (Register 2020, No. 10).
Note: Authority cited: Sections
1721
and
1722,
Welfare and Institutions Code. Reference: Sections
1721
and
1723,
Welfare and Institutions Code.
