2009 California Welfare and Institutions Code - Section 1750-1778 :: Article 4. Powers And Duties Of Youth Authority

1750.  The Authority is limited in its expenditures to funds
specifically made available for its use.

1752.  To the extent that necessary funds are available for the
purposes, the director may
   (a) Establish and operate a treatment and training service and
such other services as are proper for the discharge of his duties;
   (b) Create administrative districts suitable to the performance of
his duties;
   (c) Employ and discharge all such persons as may be needed for the
proper execution of the duties of the authority. Such employment and
discharge shall be in accord with the civil service laws of this
state.
   Notwithstanding Section 18932 of the Government Code, the maximum
age shall be 35 years for any open examination for the position of
parole agent I, group supervisor, youth counselor, and other
custodial and parole positions which normally afford entry into the
Youth Authority service, unless the applicant is already a "state
safety" member for the purposes of retirement and disability
benefits.

1752.  To the extent that necessary funds are available for the
purposes the director may:
   (a) Establish and operate a treatment and training service and
such other services as are proper for the discharge of his duties;
   (b) Create administrative districts suitable to the performance of
his duties;
   (c) Employ and discharge all such persons as may be needed for the
proper execution of the duties of the authority. Such employment and
discharge shall be in accord with the civil service laws of this
state.
   Any open examination for the position of parole agent I, group
supervisor, youth counselor, and other custodial and parole positions
which normally afford entry into the Youth Authority service shall
require the demonstration of the physical ability to effectively
carry out the duties and responsibilities of the position in a manner
which would not inordinately endanger the health or safety of a
custodial person or a parolee or the health and safety of others.

1752.05.  (a) The director shall provide for the development and
implementation of a disciplinary matrix with offenses and associated
punishments applicable to all department employees, in order to
ensure notice and consistency statewide. The disciplinary matrix
shall take into account aggravating and mitigating factors for
establishing a just and proper penalty for the charged misconduct, as
required by the California Supreme Court in Skelly v. State
Personnel Board (1975) 15 Cal.3d 194. The presence of aggravating or
mitigating factors may result in the imposition of a greater or a
lesser penalty than might otherwise be mandated by the disciplinary
matrix.
   (b) The director shall adopt a code of conduct for all employees
of the department.
   (c) The director shall ensure that employees who have reported
improper governmental activities and who request services from the
department are informed of the services available to them.
   (d) The department shall post the code of conduct in locations
where employee notices are maintained. On July 1, 2005, and annually
thereafter, the department shall send by electronic mail to its
employees who have authorized access to electronic mail, the
following:
   (1) Information regarding the code of conduct.
   (2) The duty to report misconduct.
   (3) How to report misconduct.
   (4) The duty to fully cooperate during investigations.
   (5) Assurances against retaliation.

1752.1.  The director may enter into contracts with the approval of
the Director of Finance with any county of this state, upon request
of the board of supervisors thereof, wherein the Youth Authority
agrees to furnish diagnosis and treatment services and temporary
detention during a period of study to the county for selected cases
of persons eligible for commitment to the Youth Authority. The county
shall reimburse the state for the cost of such services, such cost
to be determined by the Director of the Youth Authority.
   The Youth Authority shall present to the county, not more
frequently than monthly, a claim for the amount due the state under
this section which the county shall process and pay pursuant to the
provisions of Chapter 4 (commencing with Section 29700) of Division 3
of Title 3 of the Government Code.

1752.15.  The director may enter into contracts, with the approval
of the Director of Finance, with any county of this state upon
request of the board of supervisors thereof, wherein the Department
of the Youth Authority agrees to furnish temporary emergency
detention facilities and necessary services incident thereto, for
persons under the age of 18 years who are in the custody of the
county probation officer pursuant to provisions of Chapter 2
(commencing with Section 200) of Part 1 of Division 2. Facilities of
the department may be used only on a temporary basis when existing
county juvenile facilities are rendered unsafe or inadequate because
of a natural or manmade disaster, or when the continued presence of
the minor or minors in the county juvenile facilities would, in the
opinion of the judge of the juvenile court having jurisdiction over
the minor, of the chief probation officer of the county, and of the
director, present a significant risk of violence or escape. They may
not be used for the detention of a person who is alleged to be or has
been adjudged to be a person described by Section 300 or Section
601.
   Whenever any person is detained in a California Youth Authority
facility located in a county other than the county which has
contracted for services pursuant to this section, the county shall
provide for adequate consultation between the minor and his or her
attorney; and, if the minor's parent or guardian lacks adequate
private means of transportation, and if the minor has been detained
in the facility for more than 10 days, the county shall make
reasonable efforts to provide for visitation between the minor and
his or her parents or guardian.
   The county shall reimburse the state for the cost of these
services, the cost to be determined by the director. The department
shall present to the county, not more than once a month, a claim for
the amount due the state under this section which the county shall
process and pay pursuant to the provisions of Chapter 4 (commencing
with Section 29700) of Division 3 of Title 3 of the Government Code.

1752.3.  The director may, from any moneys made available for such
purposes, allocate funds to local governmental and nongovernmental
agencies to share in the cost of local correctional programs which
are partially financed by federal grants.

1752.5.  The director may establish and maintain at any institution
or camp under his jurisdiction a canteen for the sale to persons
confined therein of candy, nutritional snacks, toilet articles,
sundries, and other articles. The canteen shall operate on a
nonprofit basis. However, if sales should exceed costs, the surplus
shall be deposited in a special fund, to be designated "Benefit Fund."
Any moneys contained in such fund shall be used for the benefit of
the wards resident at the institution or camp.

1752.6.  The director may, with the approval of the Director of
General Services, enter into contracts with colleges, universities,
and other organizations for the purposes of research in the field of
delinquency and crime prevention and of training special workers,
including teachers, institution employees, probation and parole
officers, social workers and others engaged, whether as volunteers or
for compensation, and whether part time or full time, in the fields
of education, recreation, mental hygiene, and treatment and
prevention of delinquency.

1752.7.  The director may collect statistics and information
regarding juvenile delinquency, crimes reported and discovered,
arrests made, complaints, informations, and indictments filed and the
disposition made thereof, pleas, convictions, acquittals, probations
granted or denied, commitments to and transfers and discharges from
places of incarceration, and other data and information useful in
determining the cause and amount of crime in this State, or in
carrying out the powers and duties of the authority.
   All officers and employees of the State and of every county and
city shall furnish to the director upon request such statistics and
other information within their knowledge and control as the director
deems necessary or proper to be collected pursuant to the provisions
of this section.

1752.8.  The Director of the Youth Authority may deposit any funds
of wards committed to the authority in the director's possession in
trust with the Treasurer pursuant to Section 16305.3 of the
Government Code or in trust in insured bank, savings and loan, or
state or federal credit union accounts bearing interest at rates up
to the maximum permitted by law, and for the purpose of deposit only,
may mingle the funds of any ward with the funds of other wards.
   Such funds together with the interest paid thereon may be paid
over to the ward upon his or her request, and shall be paid over to
the ward upon his or her discharge from the Youth Authority.
   Notwithstanding the provisions of this section and Section
1752.81, the Youth Authority may assess a ward's trust fund for
actual costs for the ward's support, maintenance, training and
treatment.

1752.81.  (a) Whenever the Chief Deputy Secretary for Juvenile
Justice has in his or her possession in trust funds of a ward
committed to the division, the funds may be released for any purpose
when authorized by the ward. When the sum held in trust for any ward
by the Chief Deputy Secretary for Juvenile Justice exceeds five
hundred dollars ($500), the amount in excess of five hundred dollars
($500) may be expended by the chief deputy secretary pursuant to a
lawful order of a court directing payment of the funds, without the
authorization of the ward thereto.
   (b) Whenever an adult or minor is committed to or housed in a
Division of Juvenile Facilities facility and he or she owes a
restitution fine imposed pursuant to Section 13967 of the Government
Code, as operative on or before September 28, 1994, or Section 1202.4
or 1203.04 of the Penal Code, as operative on or before August 2,
1995, or pursuant to Section 729.6, 730.6 or 731.1, as operative on
or before August 2, 1995, the Chief Deputy Secretary for Juvenile
Justice shall deduct the balance owing on the fine amount from the
trust account deposits of a ward, up to a maximum of 50 percent of
the total amount held in trust, unless prohibited by federal law. The
chief deputy secretary shall transfer that amount to the California
Victim Compensation and Government Claims Board for deposit in the
Restitution Fund in the State Treasury. Any amount so deducted shall
be credited against the amount owing on the fine. The sentencing
court shall be provided a record of the payments.
   (c) Whenever an adult or minor is committed to, or housed in, a
Division of Juvenile Facilities facility and he or she owes
restitution to a victim imposed pursuant to Section 13967 of the
Government Code, as operative on or before September 28, 1994, or
Section 1202.4 or 1203.04 of the Penal Code, as operative on or
before August 2, 1995, or pursuant to Section 729.6, 730.6, or 731.1,
as operative on or before August 2, 1995, the Chief Deputy Secretary
for Juvenile Justice shall deduct the balance owing on the order
amount from the trust account deposits of a ward, up to a maximum of
50 percent of the total amount held in trust, unless prohibited by
federal law. The chief deputy secretary shall transfer that amount
directly to the victim. If the restitution is owed to a person who
has filed an application with the Victims of Crime Program, the chief
deputy secretary shall transfer that amount to the California Victim
Compensation and Government Claims Board for direct payment to the
victim or payment shall be made to the Restitution Fund to the extent
that the victim has received assistance pursuant to that program.
The sentencing court shall be provided a record of the payments made
to victims and of the payments deposited to the Restitution Fund
pursuant to this subdivision.
   (d) Any compensatory or punitive damages awarded by trial or
settlement to a minor or adult committed to the Division of Juvenile
Facilities in connection with a civil action brought against any
federal, state, or local jail or correctional facility, or any
official or agent thereof, shall be paid directly, after payment of
reasonable attorney's fees and litigation costs approved by the
court, to satisfy any outstanding restitution orders or restitution
fines against the minor or adult. The balance of any award shall be
forwarded to the minor or adult committed to the Division of Juvenile
Facilities after full payment of all outstanding restitution orders
and restitution fines subject to subdivision (e). The Division of
Juvenile Facilities shall make all reasonable efforts to notify the
victims of the crime for which the minor or adult was committed
concerning the pending payment of any compensatory or punitive
damages. This subdivision shall apply to cases settled or awarded on
or after April 26, 1996, pursuant to Sections 807 and 808 of Title
VIII of the federal Prison Litigation Reform Act of 1995 (P.L.
104-134; 18 U.S.C. Sec. 3626 (Historical and Statutory Notes)).
   (e) The chief deputy secretary shall deduct and retain from the
trust account deposits of a ward, unless prohibited by federal law,
an administrative fee that totals 10 percent of any amount
transferred pursuant to subdivision (b) and (c), or 5 percent of any
amount transferred pursuant to subdivision (d). The chief deputy
secretary shall deposit the administrative fee moneys in a special
deposit account for reimbursing administrative and support costs of
the restitution and victims program of the Division of Juvenile
Facilities. The chief deputy secretary, at his or her discretion, may
retain any excess funds in the special deposit account for future
reimbursement of the division's administrative and support costs for
the restitution and victims program or may transfer all or part of
the excess funds for deposit in the Restitution Fund.
   (f) When a ward has both a restitution fine and a restitution
order from the sentencing court, the Division of Juvenile Facilities
shall collect the restitution order first pursuant to subdivision
(c).
   (g) Notwithstanding subdivisions (a), (b), and (c), whenever the
Chief Deputy Secretary for Juvenile Justice holds in trust a ward's
funds in excess of five dollars ($5) and the ward cannot be located,
after one year from the date of discharge, absconding from the
Division of Juvenile Facilities supervision, or escape, the Division
of Juvenile Facilities shall apply the trust account balance to any
unsatisfied victim restitution order or fine owed by that ward. If
the victim restitution order or fine has been satisfied, the
remainder of the ward's trust account balance, if any, shall be
transferred to the Benefit Fund to be expended pursuant to Section
1752.5. If the victim to whom a particular ward owes restitution
cannot be located, the moneys shall be transferred to the Benefit
Fund to be expended pursuant to Section 1752.5.

1752.82.  (a) Whenever an adult or minor is committed to or housed
in a Youth Authority facility and he or she owes restitution to a
victim or a restitution fine imposed pursuant to Section 13967, as
operative on or before September 28, 1994, of the Government Code, or
Section 1202.4 of the Penal Code, or Section 1203.04, as operative
on or before August 2, 1994, of the Penal Code, or pursuant to
Section 729.6, as operative on or before August 2, 1995, Section
730.6 or 731.1, as operative on or before August 2, 1995, the
director may deduct a reasonable amount not to exceed 50 percent from
the wages of that adult or minor and the amount so deducted,
exclusive of the costs of administering this section, which shall be
retained by the director, shall be transferred to the California
Victim Compensation and Government Claims Board for deposit in the
Restitution Fund in the State Treasury in the case of a restitution
fine, or, in the case of a restitution order, and upon the request of
the victim, shall be paid directly to the victim. Any amount so
deducted shall be credited against the amount owing on the fine or to
the victim. The committing court shall be provided a record of any
payments.
   (b) A victim who has requested that restitution payments be paid
directly to him or her pursuant to subdivision (a) shall provide a
current address to the Youth Authority to enable the Youth Authority
to send restitution payments collected on the victim's behalf to the
victim.
   (c) In the case of a restitution order, whenever the victim has
died, cannot be located, or has not requested the restitution
payment, the director may deduct a reasonable amount not to exceed 50
percent of the wages of that adult or minor and the amount so
deducted, exclusive of the costs of administering this section, which
shall be retained by the director, shall be transferred to the
California Victim Compensation and Government Claims Board, pursuant
to subdivision (d), after one year has elapsed from the time the ward
is discharged by the Youth Authority Board. Any amount so deducted
shall be credited against the amount owing to the victim. The funds
so transferred shall be deposited in the Restitution Fund.
   (d) If the Youth Authority has collected restitution payments on
behalf of a victim, the victim shall request those payments no later
than one year after the ward has been discharged by the Youth
Authority Board. Any victim who fails to request those payments
within that time period shall have relinquished all rights to the
payments, unless he or she can show reasonable cause for failure to
request those payments within that time period.
   (e) The director shall transfer to the California Victim
Compensation and Government Claims Board all restitution payments
collected prior to the effective date of this section on behalf of
victims who have died, cannot be located, or have not requested
restitution payments. The California Victim Compensation and
Government Claims Board shall deposit these amounts in the
Restitution Fund.
   (f) For purposes of this section, "victim" includes a victim's
immediate surviving family member, on whose behalf restitution has
been ordered.

1752.83.  (a) It is the intent of the Legislature that wards of the
Youth Authority be held accountable for intentional damage and
destruction of public property committed while they are confined in
Youth Authority facilities. To that end, and notwithstanding the
provisions of Sections 1752.8 and 1752.81, the Youth Authority may
deduct from a ward's trust fund any amounts that are necessary to pay
for intentional damage to public property caused by the ward while
confined within an institution or other facility of the Youth
Authority.
   (b) The Youth Authority shall utilize the procedures in its
regulations for disciplinary actions to determine whether the damage
or destruction was intentionally caused by the ward and, if so, to
determine the amount to be deducted to pay for the damage or
destruction.
   (c) Funds that are deducted shall remain with the Youth Authority
and shall be used to repair or replace the public property damaged or
destroyed as provided for in the Budget Act for that fiscal year.

1752.85.  The Director of the Youth Authority may authorize the sale
of articles of handiwork made by wards under the jurisdiction of the
authority to the public at Youth Authority institutions, in public
buildings, at fairs, or on property operated by nonprofit
associations. The cost of any state property used for the manufacture
of articles shall be paid for out of funds received from the sale of
the articles. The remainder of any funds received from the sale of
the articles shall be placed in the ward's trust account pursuant to
Section 1752.8 of the Welfare and Institutions Code.

1752.9.  The Department of the Youth Authority, with the approval of
the Director of General Services, may lease land at any institution
under its jurisdiction, at a nominal rental, to any nonprofit or
eleemosynary corporation. The terms of the lease shall require the
corporation to construct a house of worship on such land, and to
maintain and operate the same primarily for the use of Youth
Authority wards and staff. All work as an employee on such house of
worship performed under contract or by day labor shall be subject to
the provisions of Division 2, Part 7, of the Labor Code.

1752.95.  The director may, from time to time, and as often as
occasion may require, but not to exceed two meetings in any one
calendar year call into conference the probation officers of the
several counties, or such of them as he may deem advisable, for the
purpose of discussing the duties of their offices.
   The actual and necessary expenses of the probation officer
incurred while traveling to and from and while attending the
conferences shall be a county charge; provided, prior approval of the
board of supervisors has been obtained.

1753.  For the purpose of carrying out its duties, the department is
authorized to make use of law enforcement, detention, probation,
parole, medical, educational, correctional, segregative and other
facilities, institutions and agencies, whether public or private,
within the state. The director may enter into agreements with the
appropriate public officials for separate care and special treatment
in existing institutions of persons subject to the control of the
department.

1753.1.  (a) The Director of the Youth Authority may enter into
agreements with any federal agency authorizing the use of the Youth
Authority's facilities and services for the confinement, care and
treatment of persons otherwise not under its jurisdiction when
suitable facilities and services are available. The costs of the
services provided by the Youth Authority shall be borne by the agency
referring the person to the Director of the Youth Authority. The
Director of the Youth Authority may order the person returned to the
agency referring him when suitable facilities or services are not
available. Any such person referred to the Youth Authority pursuant
to this section shall be subject to its rules and regulations.
   (b) As used in this section, "person" means any person under the
age of 26 years who is under the jurisdiction of a Federal
Correctional Agency pursuant to federal law.

1753.3.  (a) The Director of the Youth Authority may enter into an
agreement with a city, county, or city and county, to permit transfer
of wards in the custody of the Director of the Youth Authority to an
appropriate facility of the city, county, or city and county, if the
official having jurisdiction over the facility has consented. The
agreement shall provide for contributions to the city, county, or
city and county toward payment of costs incurred with reference to
the transferred wards.
   (b) When an agreement entered into pursuant to subdivision (a) is
in effect with respect to a particular local facility, the Director
of the Youth Authority may transfer wards and parole violators to the
facility.
   (c) Notwithstanding subdivision (b), the Director of the Youth
Authority may deny placement in a local facility to a parole violator
who was committed to the Youth Authority for the commission of any
offense set forth in subdivision (b), paragraph (2) of subdivision
(d), or subdivision (e) of Section 707.
   (d) Wards transferred to those facilities are subject to the rules
and regulations of the facility in which they are confined, but
remain under the legal custody of the Department of the Youth
Authority.

1753.4.  (a) Pursuant to Section 1753.3 the Director of the Youth
Authority may enter into a long-term agreement not to exceed 20 years
with a city, county, or city and county to place parole violators in
a facility which is specially designed and built for the
incarceration of parole violators and state youth authority wards.
   (b) The agreement shall provide that persons providing security at
the facilities shall be peace officers who have completed the
minimum standards for the training of local correctional peace
officers established under Section 6035 of the Penal Code.
   (c) In determining the reimbursement rate pursuant to an agreement
entered into pursuant to subdivision (a), the director shall take
into consideration the costs incurred by the city, county, or city
and county for services and facilities provided, and any other
factors which are necessary and appropriate to fix the obligations,
responsibilities, and rights of the respective parties.
   (d) The Director of the Youth Authority, to the extent possible,
shall select city, county, or city and county facilities in areas
where medical, food, and other support services are available from
nearby existing prison facilities.
   (e) The Director of the Youth Authority, with the approval of the
Department of General Services, may enter into an agreement to lease
state property for a period not in excess of 20 years to be used as
the site for a facility operated by a city, county, or city and
county authorized by this section.
   (f) No agreement may be entered into under this section unless the
cost per ward in the facility is no greater than the average costs
of keeping a ward in a comparable Youth Authority facility, as
determined by the Director of the Youth Authority.

1753.6.  In any case in which a ward of the Youth Authority is
temporarily released from actual confinement in an institution of the
authority and placed in a county hospital for purposes of delivery
of her child, the authority may reimburse the county for the actual
cost of services rendered by the county hospital to the newborn
infant of the ward.

1753.7.  (a) Any female confined in a Department of the Youth
Authority facility shall, upon her request, be allowed to continue to
use materials necessary for (1) personal hygiene with regard to her
menstrual cycle and reproductive system and (2) birth control
measures as prescribed by her physician.
   (b) Any female confined in a Department of the Youth Authority
facility shall upon her request be furnished by the department with
information and education regarding prescription birth control
measures.
   (c) Family planning services shall be offered to each and every
female confined in a Department of Youth Authority facility at least
60 days prior to a scheduled release date. Upon request any such
female shall be furnished by the department with the services of a
licensed physician or she shall be furnished by the department or by
any other agency which contracts with the department with services
necessary to meet her family planning needs at the time of her
release.

1754.  Nothing in this chapter shall be taken to give the Youth
Authority Board or the director control over existing facilities,
institutions or agencies; or to require them to serve the board or
the director inconsistently with their functions, or with the
authority of their officers, or with the laws and regulations
governing their activities; or to give the board or the director
power to make use of any private institution or agency without its
consent; or to pay a private institution or agency for services which
a public institution or agency is willing and able to perform.

1755.  Public institutions and agencies are hereby required to
accept and care for persons sent to them by the authority in the same
manner as they would be required to do had such persons been
committed by a court of criminal jurisdiction.

1755.3.  Whenever any person under the jurisdiction of the Youth
Authority, or any minor under the jurisdiction of the Department of
Corrections, is in need of medical, surgical, or dental care, the
Youth Authority or the Department of Corrections, as applicable, may
authorize, upon the recommendation of the attending physician or
dentist, as applicable, the performance of that necessary medical,
surgical, or dental service.

1755.4.  The Department of the Youth Authority, in consultation with
the State Department of Mental Health shall establish, by
regulations adopted at the earliest possible date, but no later than
December 31, 2001, standards and guidelines for the administration of
psychotropic medications to any person under the jurisdiction of the
Department of the Youth Authority, in a manner that protects the
health and short- and long-term well-being of those persons. The
standards and guidelines adopted pursuant to this section shall be
consistent with the due process requirements set forth in Section
2600 of the Penal Code.

1755.5.  The Department of the Youth Authority may transfer to and
cause to be confined in the medical facility, the Correctional
Training Facility at Soledad, the California Institution for Women at
Corona, the Medical Correctional Institution, the California
Institution for Men, the Richard J. Donovan Correctional Facility at
Rock Mountain, or the California Men's Colony under the jurisdiction
of the Department of Corrections for general study, diagnosis, and
treatment, or any of them, any person over the age of 18 years who is
subject to the custody, control, and discipline of the Department of
the Youth Authority who was committed to the Department of the Youth
Authority under Section 1731.5. The Director of Corrections may
receive and keep in any institution specified in this section any
person so transferred to that institution by the Department of the
Youth Authority, with the same powers as if the person had been
placed therein or transferred thereto pursuant to the Penal Code.
   The Department of the Youth Authority may transfer to and cause to
be confined in the California Rehabilitation Center for general
study, diagnosis, and treatment, or any of them, any person over the
age of 18 years who is subject to the custody, control and discipline
of the Department of the Youth Authority. The Director of
Corrections may receive and keep in the California Rehabilitation
Center any person so transferred thereto by the Department of the
Youth Authority, with the same powers as if the person had been
placed therein or transferred thereto pursuant to Division 3
(commencing with Section 3000) of this code.
   Part 3 (commencing with Section 2000) of the Penal Code, so far as
those provisions may be applicable, applies to persons so
transferred to and confined in any institution specified in this
section, except that, whenever by reason of any law governing the
commitment of a person to the Department of the Youth Authority the
person is deemed not to be a person convicted of a crime, the
transfer or placement of the person in the California Rehabilitation
Center shall not affect the status or rights of the person and shall
not be deemed to constitute a conviction of a crime.

1756.  Notwithstanding any other provision of law, if, in the
opinion of the Director of the Youth Authority, the rehabilitation of
any mentally disordered, or developmentally disabled person confined
in a state correctional school may be expedited by treatment at one
of the state hospitals under the jurisdiction of the State Department
of Mental Health or the State Department of Developmental Services,
the Director of the Youth Authority shall certify that fact to the
director of the appropriate department who may authorize receipt of
the person at one of the hospitals for care and treatment. Upon
notification from the director that the person will no longer benefit
from further care and treatment in the state hospital, the Director
of the Youth Authority shall immediately send for, take, and receive
the person back into a state correctional school. Any person placed
in a state hospital under this section who is committed to the
authority shall be released from the hospital upon termination of his
or her commitment unless a petition for detention of that person is
filed under the provisions of Part 1 (commencing with Section 5000)
of Division 5.

1757.  The director may inspect all public institutions and agencies
whose facilities he or she is authorized to utilize and all private
institutions and agencies whose facilities he or she is using. Every
institution or agency, whether public or private, is required to
afford the director reasonable opportunity to examine or consult with
persons committed to the Youth Authority who are for the time being
in the custody of the institution or agency.

1758.  Placement of a person by the authority in any institution or
agency not operated by the authority, or the discharge of such person
by such an institution or agency, shall not terminate the control of
the authority over such person.

1759.  No person placed in such an institution or under such an
agency may be released by the institution or agency until after
approval of the release by the authority, unless the institution or
agency would have power under the law to release at its own
discretion persons committed to it by order of a court. In the latter
case, it may not release a person placed by the authority until a
reasonable time after it has notified the authority of its intention
to release him.

1760.  The director is hereby authorized when necessary and when
funds are available for these purposes to establish and operate any
of the following:
   (a) Places for the detention, prior to examination and study, of
all persons committed to the Youth Authority.
   (b) Places for examination and study of persons committed to the
Youth Authority.
   (c) Places of confinement, educational institutions, hospitals and
other correctional or segregative facilities, institutions and
agencies, for the proper execution of the duties of the Youth
Authority.
   (d) Agencies and facilities for the supervision, training, and
control of persons who have not been placed in confinement or who
have been released from confinement by the Youth Authority Board upon
conditions, and for aiding those persons to find employment and
assistance.
   (e) Agencies and facilities designed to aid persons who have been
discharged by the Youth Authority Board in finding employment and in
leading a law-abiding existence.

1760.4.  (a) The wards housed in forestry camps established by the
Department of the Youth Authority may be required to labor on the
buildings and grounds of the camp, on the making of forest roads for
fire prevention or firefighting, on forestation or reforestation of
public lands, or on the making of firetrails and firebreaks, or to
perform any other work or engage in any studies or activities
prescribed or permitted by the department or any officer designated
by it.
   (b) The wards may be required to labor in fire suppression if all
of the following conditions are met:
   (1) The ward is under the age of 18 years and the parent or
guardian of the ward has given permission for that labor by the ward,
or the ward is 18 years of age or over.
   (2) The ward has received not less than 16 hours of training in
forest firefighting and fire safety.
   The department may, during declared fire emergencies, allow the
Director of the Department of Forestry and Fire Protection to use the
wards for fire suppression efforts outside of the boundaries of
California, not to exceed a distance in excess of 25 miles from the
California border, along the borders of Oregon, Nevada, or Arizona.
   (c) The department may provide, in cooperation with the Department
of Parks and Recreation and the Department of Conservation or
otherwise, for the payment of wages to the wards for work they do
while housed on the camps, the sums earned to be paid in reparation,
or to the parents or dependents of the ward, or to the ward in any
manner and in any proportions as the Department of the Youth
Authority directs.

1760.5.  The director may require persons committed to the authority
to perform work necessary and proper to be done by the Department of
Forestry and Fire Protection, the Department of Water Resources, the
Department of Parks and Recreation, and the Department of Fish and
Game, by the Division of State Lands, by the United States Department
of Agriculture, and by the federal officials and departments in
charge of national forests and parks within this state. For the
purposes of this section, the director, with the approval of the
Department of General Services, may enter into contracts with federal
and state officials and departments. All moneys received by the
director pursuant to any of those contracts shall be paid into the
State Treasury to the credit and in augmentation of the current
appropriation for the support of the authority. The director may
provide, from those moneys, for the payment of wages to the wards for
work they do pursuant to any of those contracts, the wages to be
paid into the Indemnity Fund created pursuant to Section 13967 of the
Government Code, or to the parents or dependents of the ward, or to
the ward in the manner and in those proportions as the Department of
the Youth Authority directs.

1760.6.  The department may provide for the payment of wages to
wards for work performed pursuant to Section 2816 of the Penal Code,
the sums earned to be paid in reparation, or to the parents or
dependents of the ward, or to the ward, in any manner and in any
proportions that the department directs.

1760.7.  The director shall investigate, examine, and make reports
upon adult and juvenile probation.
   The director may establish standards for the performance of
probation duties, and upon request consult with and make
investigations and recommendations to probation officers, probation
committees, juvenile justice commissions, and to judges of the
superior courts, including such judges as are designated juvenile
court judges of any county.
   The director may also, upon request, consult with, make
investigations for, and recommendations to probation officers,
probation committees, juvenile justice commissions, and to judges of
the superior courts, including such judges as are designated juvenile
court judges of any county, to aid them in the operation and
maintenance of their juvenile halls.

1760.8.  (a) The Department of the Youth Authority shall annually
develop a population management and facilities master plan presenting
projected population and strategies for treatment and housing of
wards for the succeeding five-year period. This plan shall set forth
the department's strategy for bridging the gap between available
bedspace and the projected ward population. This master plan shall be
updated and submitted to the Legislature by January 10 of each year.
   (b) The Department of the Youth Authority may contract with the
Department of Corrections or the Office of Project Development and
Management within the Department of General Services for professional
and construction services related to the construction of facilities
or renovation projects included in the Department of the Youth
Authority's 1994-99 master plan for which funds are appropriated by
the Legislature. The Department of the Youth Authority shall be
responsible for program planning and all design decisions. The
Department of Corrections or the Department of General Services
shall, in consultation with the Department of the Youth Authority,
ensure that all facilities are designed and constructed specifically
for the needs of the youthful offender population. The Department of
the Youth Authority also shall ensure that the design and
construction of any facilities are consistent with the mission of the
Department of the Youth Authority, which emphasizes the protection
of the public from criminal activity and the rehabilitation of
youthful offenders by providing education, training, and treatment
services for those offenders committed by the courts. Any power,
function, or jurisdiction for planning, design, and construction of
facilities or renovation projects pursuant to the 1994-99 master plan
that is conferred upon the Department of General Services shall be
deemed to be conferred upon the Department of Corrections for
purposes of this section. The Director of the Department of General
Services may, upon the request of the Director of the Department of
Corrections, delegate to the Department of Corrections any power,
function, or jurisdiction for planning, design, and construction of
any additional projects included within subsequent Department of the
Youth Authority master plans.

1761.  The Youth Authority shall establish policies for a background
assessment of all persons committed to the Youth Authority in order
to supplement the case history provided by the county which committed
the person to it.

1763.  The authority shall keep written records of all examinations
and of the conclusions predicated thereon and of all orders
concerning the disposition or treatment of every person subject to
its control. After five years from the date on which the jurisdiction
of the authority over a ward is terminated the authority may destroy
such records. For the purposes of this section "destroy" means
destroy or dispose of for the purpose of destruction.

1764.  Notwithstanding any other provision of law, any of the
following information in the possession of the Youth Authority
regarding persons 16 years of age or older who were committed to the
Youth Authority by a court of criminal jurisdiction, or who were
committed to the Department of Corrections and were subsequently
transferred to the Youth Authority, shall be disclosed to any member
of the public, upon request, by the director or his or her designee:
   (a) The name and age of the person.
   (b) The court of commitment and the offense that was the basis of
commitment.
   (c) The date of commitment.
   (d) Any institution where the person is or was confined.
   (e) The actions taken by any paroling authority regarding the
person, which relate to parole dates.
   (f) The date the person is scheduled to be released to the
community, including release to a reentry work furlough program.
   (g) The date the person was placed on parole.
   (h) The date the person was discharged from the jurisdiction of
the Youth Authority and the basis for the discharge.
   (i) In any case where the person has escaped from any institution
under the jurisdiction of the Youth Authority, a physical description
of the person and the circumstances of the escape.
   The provisions of this section shall not be construed to authorize
the release of any information which could place any individual in
personal peril; which could threaten Youth Authority security; or
which is exempt from disclosure pursuant to the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code).

1764.1.  Notwithstanding any other provision of law, the director or
his or her designee may release the information described in Section
1764 regarding a person committed to the Youth Authority by a
juvenile court for an offense described in subdivision (a) of Section
676, to any member of the public who requests the information,
unless the court has ordered confidentiality under subdivision (c) of
Section 676.

1764.2.  (a) Notwithstanding any other provision of law, the chief
deputy secretary or the chief deputy secretary's designee shall
release the information described in Section 1764 regarding a person
committed to the Division of Juvenile Facilities, to the victim of
the offense, the next of kin of the victim, or his or her
representative as designated by the victim or next of kin pursuant to
Section 1767, upon request, unless the court has ordered
confidentiality under subdivision (c) of Section 676. The victim or
the next of kin shall be identified by the court or the probation
department in the offender's commitment documents before the chief
deputy secretary is required to disclose this information.
   (b) The chief deputy secretary or the chief deputy secretary's
designee shall, with respect to persons committed to the Division of
Juvenile Facilities, including persons committed to the Department of
Corrections and Rehabilitation who have been transferred to the
Division of Juvenile Facilities, inform each victim of that offense,
the victim's next of kin, or his or her representative as designated
by the victim or next of kin pursuant to Section 1767, of his or her
right to request and receive information pursuant to subdivision (a)
and Section 1767.

1764.3.  (a) Whenever a person is committed to the Youth Authority
by a court of criminal jurisdiction, or is committed to the
Department of Corrections and subsequently transferred to the Youth
Authority, for a conviction of a violent felony listed in subdivision
(c) of Section 667.5 of the Penal Code, the director or his or her
designee shall, with respect to that person, provide all notices that
would be required to be provided by the Board of Prison Terms or the
Department of Corrections pursuant to Sections 3058.6 and 3058.8 of
the Penal Code, if that person were confined in their respective
institutions.
   (b) In order to be entitled to receive from the department,
pursuant to subdivision (a), the notice set forth in Section 3058.8
of the Penal Code, the requesting party shall keep the department
informed of his or her current mailing address.
   (c) The notice required under this section shall be provided
within 10 days of release with respect to persons committed to the
Youth Authority by a court of criminal jurisdiction.

1764.5.  Whenever a minor is incarcerated in a Youth Authority
facility for a period of at least 30 consecutive days, the Youth
Authority shall inform the State Department of Social Services of the
name, date of birth, social security number, and county of residence
of the incarcerated person.

1765.  (a) Except as otherwise provided in this chapter, the
Department of the Youth Authority and the Youth Authority Board shall
keep under continued study a person in their control and shall
retain him or her, subject to the limitations of this chapter, under
supervision and control so long as in their judgment that control is
necessary for the protection of the public.
   (b) The board shall discharge that person as soon as in its
opinion there is reasonable probability that he or she can be given
full liberty without danger to the public.

1766.  (a) Subject to Sections 733 and 1767.35, and subdivision (b)
of this section, if a person has been committed to the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities, the
Board of Parole Hearings, according to standardized review and appeal
procedures established by the board in policy and regulation and
subject to the powers and duties enumerated in subdivision (a) of
Section 1719, may do any of the following:
   (1) Permit the ward his or her liberty under supervision and upon
conditions it believes are best designed for the protection of the
public.
   (2) Order his or her confinement under conditions it believes best
designed for the protection of the public pursuant to the purposes
set forth in Section 1700, except that a person committed to the
division pursuant to Sections 731 or 1731.5 may not be held in
physical confinement for a total period of time in excess of the
maximum periods of time set forth in Section 731. Nothing in this
subdivision limits the power of the board to retain the minor or the
young adult on parole status for the period permitted by Sections
1769, 1770, and 1771.
   (3) Order reconfinement or renewed release under supervision as
often as conditions indicate to be desirable.
   (4) Revoke or modify any parole or disciplinary appeal order.
   (5) Modify an order of discharge if conditions indicate that such
modification is desirable and when that modification is to the
benefit of the person committed to the division.
   (6) Discharge him or her from its control when it is satisfied
that discharge is consistent with the protection of the public.
   (b) The following provisions shall apply to any ward eligible for
release on parole on or after September 1, 2007, who was committed to
the custody of the Division of Juvenile Facilities for an offense
other than one described in subdivision (b) of Section 707 or
subdivision (c) of Section 290.008 of the Penal Code:
   (1) The county of commitment shall supervise the reentry of any
ward released on parole on or after September 1, 2007, who was
committed to the custody of the division for committing an offense
other than those described in subdivision (b) of Section 707 or
subdivision (c) of Section 290.008 of the Penal Code.
   (2) Not less than 60 days prior to the scheduled parole
consideration hearing of a ward described in this subdivision, the
division shall provide to the probation department and the court of
the committing county, and the ward's counsel, if known, the most
recent written review prepared pursuant to Section 1720, along with
notice of the parole consideration hearing date.
   (3) (A) Not less than 30 days prior to the scheduled parole
consideration hearing, the division shall notify the ward of the date
and location of the parole consideration hearing. A ward shall have
the right to contact his or her parent or guardian, if he or she can
reasonably be located, to inform the parent or guardian of the date
and location of the parole consideration hearing. The division shall
also allow the ward to inform other persons identified by the ward,
if they can reasonably be located, and who are considered by the
division as likely to contribute to a ward's preparation for the
parole consideration hearing or the ward's postrelease success.
   (B) This paragraph shall not apply if either of the following
conditions is met:
   (i) A minor chooses not to contact his or her parents, guardians,
or other persons and the director of the division facility determines
it would be in the best interest of the minor not to contact the
parents, guardians, or other persons.
   (ii) A person 18 years of age or older does not consent to the
contact.
   (C) Upon intake of a ward into a division facility, and again upon
attaining 18 years of age while in the custody of the division, an
appropriate staff person shall explain the provisions of
subparagraphs (A) and (B), using language clearly understandable to
the ward.
   (D) Nothing in this paragraph shall be construed to limit the
right of a ward to an attorney under any other law.
   (4) Not less than 30 days prior to the scheduled parole
consideration hearing of a ward described in this subdivision, the
probation department of the committing county may provide the
division with its written plan for the reentry supervision of the
ward. At the parole consideration hearing, the Board of Parole
Hearings shall, in determining whether the ward is to be released,
consider a reentry supervision plan submitted by the county.
   (5) Any ward described in this subdivision who is granted parole
shall be placed on parole jurisdiction for up to 15 court days
following his or her release. The board shall notify the probation
department and the court of the committing county within 48 hours of
a decision to release a ward.
   (6) Within 15 court days of the release by the division of a ward
described in this subdivision, the committing court shall convene a
reentry disposition hearing for the ward. The purpose of the hearing
shall be for the court to identify those conditions of probation that
are appropriate under all the circumstances of the case. The court
shall, to the extent it deems appropriate, incorporate a reentry plan
submitted by the county probation department and reviewed by the
board into its disposition order. At the hearing the ward shall be
fully informed of the terms and conditions of any order entered by
the court, including the consequences for any violation thereof. The
procedure of the reentry disposition hearing shall otherwise be
consistent with the rules, rights, and procedures applicable to
delinquency disposition hearings as described in Article 17
(commencing with Section 675) of Chapter 2 of Part 1 of Division 2.
   (7) The division shall have no further jurisdiction over a ward
described in this subdivision who is released on parole by the board
upon the ward's court appearance pursuant to paragraph (5).
   (c) Within 60 days of intake, the division shall provide the court
and the probation department with a treatment plan for the ward.
   (d) A ward shall be entitled to an appearance hearing before a
panel of board commissioners for any action that would result in the
extension of a parole consideration date pursuant to subdivision (d)
of Section 5076.1 of the Penal Code.
   (e) The department shall promulgate policies and regulations to
implement this section.
   (f) Commencing on July 1, 2004, and annually thereafter, for the
preceding fiscal year, the department shall collect and make
available to the public the following information:
   (1) The total number of ward case reviews conducted by the
division and the board, categorized by guideline category.
   (2) The number of parole consideration dates for each category set
at guideline, above guideline, and below guideline.
   (3) The number of ward case reviews resulting in a change to a
parole consideration date, including the category assigned to the
ward, the amount of time added to or subtracted from the parole
consideration date, and the specific reason for the change.
   (4) The percentage of wards who have had a parole consideration
date changed to a later date, the percentage of wards who have had a
parole consideration date changed to an earlier date, and the average
annual time added or subtracted per case.
   (5) The number and percentage of wards who, while confined or on
parole, are charged with a new misdemeanor or felony criminal
offense.
   (6) Any additional data or information identified by the
department as relevant.
   (g) As used in subdivision (f), the term "ward case review" means
any review of a ward that changes, maintains, or appreciably affects
the programs, treatment, or placement of a ward.

1766.1.  When permitting an adult or minor committed to the
Department of the Youth Authority his or her liberty pursuant to
subdivision (a) of Section 1766, the Youth Authority Board shall
impose as a condition thereof that the adult or minor pay in full any
restitution fine or restitution order imposed pursuant to Section
13967, as operative on or before September 28, 1994, of the
Government Code, or Section 1202.4 of the Penal Code, or Section
1203.4, as operative on or before August 2, 1994, of the Penal Code,
or Section 730.6 or 731.1, as operative on or before August 2, 1995.
Payment shall be in installments set in an amount consistent with the
adult's or minor's ability to pay.

1766.2.  (a) Except as provided in subdivision (b), all applicable
wards shall be placed on supervised parole within the period of 120
to 90 days prior to the date of release from custody from a Division
of Juvenile Facilities institution pursuant to the discharge
provisions of Section 1769, 1770, or 1771, or within the period of
120 to 90 days prior to completion of the maximum period of
confinement pursuant to Section 731, whichever comes first.
   (b) Subdivision (a) shall not apply when a petition or order for
further detention of a juvenile has been requested by the Division of
Juvenile Facilities or the Juvenile Parole Board pursuant to Section
1800.
   (c) A ward who has been released under the provisions of
subdivision (a) shall be subject to revocation of parole for alleged
violations committed during the period of release. Any term of
reconfinement under these circumstances shall remain subject to the
limits of Section 731, 1769, 1770, or 1771, as applicable in each
case. Any such revocation proceedings shall be in accordance with the
procedures and due process protections for parolees under current
law.
   (d) For the purposes of this section, "applicable ward" means a
person who is confined in a facility or institution operated by the
Division of Juvenile Facilities 120 days prior to his or her
discharge date under Section 1769, 1770, or 1771, or 120 days prior
to completion of the maximum period of confinement under Section 731.

1766.5.  The director shall establish and maintain a fair, simple,
and expeditious system for resolution of grievances of all persons
committed to the Youth Authority regarding the substance or
application of any written or unwritten policy, rule, regulation, or
practice of the department or of an agent or contractor of the
department or any decision, behavior, or action by an employee,
agent, contractor, or other person confined within the institutions
or camps of the Youth Authority which is directed toward the
grievant, other than matters involving individual discipline. The
system shall do all of the following:
   (a) Provide for the participation of employees of the department
and of persons committed to the Youth Authority on as equal a basis
and at the most decentralized level reasonably possible and feasible
in the design, implementation, and operation of the system.
   (b) Provide, to the extent reasonably possible, for the selection
by their peers of persons committed to the Youth Authority as
participants in the design, implementation, and operation of the
system.
   (c) Provide, within specific time limits, for written responses
with written reasons in support of them to all grievances at all
decision levels within the system.
   (d) Provide for priority processing of grievances which are of an
emergency nature which would, by passage of time required for normal
processing, subject the grievant to substantial risk of personal
injury or other damage.
   (e) Provide for the right of grievants to be represented by
another person committed to the Youth Authority who is confined
within the institutions or camps of the Youth Authority, by an
employee, or by any other person, including a volunteer, who is a
regular participant in departmental operations.
   (f) Provide for safeguards against reprisals against any grievant
or participant in the resolution of a grievance.
   (g) Provide, at one or more decision levels of the process, for a
full hearing of the grievance at which all parties to the controversy
and their representatives shall have the opportunity to be present
and to present evidence and contentions regarding the grievance,
   (h) Provide a method of appeal of grievance decisions available to
all parties to the grievance, including, but not limited to, final
right of appeal to advisory arbitration of the grievance by a neutral
person not employed by the department, the decision of the
arbitrator to be adopted by the department unless the decision is in
violation of law, would result in physical danger to any persons,
would require expenditure of funds not reasonably available for that
purpose to the department, or, in the personal judgment of the
director, would be detrimental to the public or to the proper and
effective accomplishment of the duties of the department.
   (i) Provide for the monitoring of the system by the department and
also, pursuant to contract or other appropriate means, for a
biennial evaluation of the system by a public or private agency
independent of the department to the extent necessary to ascertain
whether the requirements of this section are being met. The results
of which evaluation shall be filed with the department, the
Legislature, the Attorney General, and the State Public Defender.

1767.  (a) Upon request, written notice of any hearing to consider
the release on parole of any person under the control of the Youth
Authority for the commission of a crime or committed to the authority
as a person described in Section 602 shall be sent by the Department
of the Youth Authority at least 30 days before the hearing to any
victim of a crime committed by the person, or to the next of kin of
the victim if the victim has died or is a minor. The requesting party
shall keep the board apprised of his or her current mailing address.
   (b) Any one of the following persons may appear, personally or by
counsel, at the hearing:
   (1) The victim of the offense and one support person of his or her
choosing.
   (2) In the event that the victim is unable to attend the
proceeding, two support persons designated by the victim may attend
to provide information about the impact of the crime on the victim.
   (3) If the victim is no longer living, two members of the victim's
immediate family may attend.
   (4) If none of those persons appear personally at the hearing, any
one of them may submit a statement recorded on videotape for the
board's consideration at the hearing. Those persons shall also have
the right to submit a written statement to the board at least 10 days
prior to the scheduled hearing for the board's consideration at the
hearing.
   (c) The board, in deciding whether to release the person on
parole, shall consider the statements of victims, next of kin, or
statements made on their behalf pursuant to this section and shall
include in its report a statement of whether the person would pose a
threat to public safety if released on parole. The provisions of this
section shall not be amended by the Legislature except by statute
passed in each house by rollcall vote entered in the journal,
two-thirds of the membership concurring, or by a statute that becomes
effective only when approved by the electors.
   (d) A representative designated by the victim or the victim's next
of kin shall be either that person's legal counsel or a family or
household member of the victim, for the purposes of this section.
   (e) Support persons may only provide information about the impact
of the crime on the victim and provide physical and emotional support
to the victim or the victim's family.
   (f) Nothing in this section shall prevent the board from excluding
a victim or his or her support person or persons from a hearing. The
board may allow the presence of other support persons under
particular circumstances surrounding the proceeding.

1767.1.  At least 30 days before the Youth Authority Board meets to
review or consider the parole of any person who has been committed to
the control of the Department of the Youth Authority for the
commission of any offense described in subdivision (b), paragraph (2)
of subdivision (d), or subdivision (e) of Section 707, or for the
commission of an offense in violation of paragraph (2) of subdivision
(a) of Section 262 or paragraph (3) of subdivision (a) of Section
261 of the Penal Code, the board shall send written notice of the
hearing to each of the following persons: the judge of the court that
committed the person to the authority, the attorney for the person,
the district attorney of the county from which the person was
committed, the law enforcement agency that investigated the case, and
the victim pursuant to Section 1767. The board shall also send a
progress report regarding the ward to the judge of the court that
committed the person at the same time it sends the written notice to
the judge.
   Each of the persons so notified shall have the right to submit a
written statement to the board at least 10 days prior to the decision
for the board's consideration. Nothing in this subdivision shall be
construed to permit any person so notified to attend the hearing.
With respect to the parole of any person over the age of 18 years,
the presiding officer of the board shall state findings and
supporting reasons for the decision of the board. The findings and
reasons shall be reduced to writing, and shall be made available for
inspection by members of the public no later than 30 days from the
date of the decision.

1767.2.  Every order granting probation or parole to any person
under the control of the authority who has been convicted of any of
the offenses enumerated in Section 290 of the Penal Code shall
require as a condition of such probation or parole that such person
totally abstain from the use of alcoholic liquor or beverages.

1767.3.  (a) The Juvenile Parole Board may suspend, cancel, or
revoke any parole and may order returned to custody, as specified in
Section 1767.35, any person under the jurisdiction of the Division of
Juvenile Parole Operations.
   (b) The written order of the Chief Deputy Secretary for the
Division of Juvenile Justice is a sufficient warrant for any peace
officer to return to custody any person under the jurisdiction of the
Division of Juvenile Parole Operations.
   (c) The written order of the Chief Deputy Secretary for the
Division of Juvenile Justice is a sufficient warrant for any peace
officer to return to custody, pending further proceedings before the
Juvenile Parole Board, any person under the jurisdiction of the
Division of Juvenile Parole Operations, or for any peace officer to
return to custody any person who has escaped from the custody of the
Division of Juvenile Facilities or from any institution or facility
in which he or she has been placed by the division.
   (d) All peace officers shall execute the orders in like manner as
a felony warrant.

1767.35.  Commencing on September 1, 2007, any parolee under the
jurisdiction of the Division of Juvenile Parole Operations shall be
returned to custody upon the suspension, cancellation, or revocation
of parole as follows:
   (a) To the custody of the Division of Juvenile Facilities if the
parolee is under the jurisdiction of the division for the commission
of an offense described in subdivision (b) of Section 707 or an
offense described in subdivision (c) of Section 290.008 of the Penal
Code.
   (b) To the county of commitment if the parolee is under the
jurisdiction of the division for the commission of an offense not
described in subdivision (b) of Section 707 or subdivision (c) of
Section 290.008 of the Penal Code. If a ward subject to this
subdivision is detained by the Division of Juvenile Parole Operations
for the purpose of initiating proceedings to suspend, cancel, or
revoke the ward's parole, the division shall notify the court and
probation department of the committing county within 48 hours of the
ward's detention that the ward is subject to parole violation
proceedings. Within 15 days of a parole violation notice from the
division, the committing court shall conduct a reentry disposition
hearing for the ward. Pending the hearing, the ward may be detained
by the division, provided that the division shall deliver the ward to
the custody of the probation department in the county of commitment
not more than three judicial days nor less than two judicial days
prior to the reentry disposition hearing. At the hearing, at which
the ward shall be entitled to representation by counsel, the court
shall consider the alleged violation of parole, the risks and needs
presented by the ward, and the reentry disposition programs and
sanctions that are available for the ward, and enter a disposition
order consistent with these considerations and the protection of the
public. The ward shall be fully informed by the court of the terms,
conditions, responsibilities, and sanctions that are relevant to the
reentry plan that is adopted by the court. Upon delivery to the
custody of the probation department for local proceedings under this
subdivision, the Division of Juvenile Facilities and the Board of
Parole Hearings shall have no further jurisdiction or parole
supervision responsibility for a ward subject to this subdivision.
The procedure of the reentry disposition hearing, including the
detention status of the ward in the event continuances are ordered by
the court, shall be consistent with the rules, rights, and
procedures applicable to delinquency disposition hearings, as
described in Article 17 (commencing with Section 675) of Chapter 2 of
Part 1 of Division 2.

1767.4.  Whenever any person paroled by the Youth Authority Board is
returned to the department upon the order of the director by a peace
officer or probation officer, the officer shall be paid the same
fees and expenses as are allowed those officers by law for the
transportation of persons to institutions or facilities under the
jurisdiction of the department.

1767.5.  The authority may pay any private home for the care of any
person committed to the authority and paroled by the Youth Authority
Board to the custody of the private home (including both persons
committed to the authority under this chapter and persons committed
to it by the juvenile court) at a rate to be approved by the
Department of Finance. Payments for the care of paroled persons may
be made from funds available to the authority for that purpose, or
for the support of the institution or facility under the jurisdiction
of the authority from which the person has been paroled.

1767.6.  In parole revocation proceedings, a parolee or his attorney
shall receive a copy of any police, arrest, and crime reports
pertaining to such proceedings. Portions of such reports containing
confidential information need not be disclosed if the parolee or his
attorney has been notified that confidential information has not been
disclosed.

1767.7.  A sum may be withdrawn by the authority from the funds
available for the support of the authority without at the time
furnishing vouchers and itemized statements. This sum shall be used
as a revolving fund for payments for the care of persons paroled to
private homes as provided in Section 1767.5. At the close of each
fiscal year, or at any other time, upon demand of the Department of
Finance the money so drawn shall be accounted for and substantiated
by vouchers and itemized statements submitted to and audited by the
State Controller.

1767.9.  Any person authorized to appear at a parole hearing
pursuant to Section 1767 shall have the right to speak last before
the board in regard to those persons appearing and speaking before
the board at a parole hearing. Nothing in this section shall prohibit
the person presiding at the hearing from taking any steps he or she
deems appropriate to ensure that only accurate and relevant
statements are considered in determining parole suitability as
provided in law, including, but not limited to, the rebuttal of
inaccurate statements made by any party.

1768.  As a means of correcting the socially harmful tendencies of a
person committed to the authority, the director may
   (a) Require participation by him in vocational, physical,
educational and corrective training and activities;
   (b) Require such conduct and modes of life as seem best adapted to
fit him for return to full liberty without danger to the public
welfare;
   (c) Make use of other methods of treatment conducive to the
correction of the person and to the prevention of future public
offenses by him;
   (d) Provide useful work projects or work assignments for which
such persons may qualify and be paid wages for such work from any
moneys made available to the director for this purpose.

1768.1.  No contract shall be executed with an employer that will
initiate employment by persons committed to the authority in the same
job classification as other employees of the same employer who, at
the time of execution of the contract, are on strike, as defined in
Section 1132.6 of the Labor Code, or who are then subject to lockout,
as defined in Section 1132.8 of the Labor Code. The total daily
hours worked by persons committed to the authority and employed in
the same job classification as other employees of the same employer
who, subsequent to the employer's hiring of persons committed to the
authority, go on strike, as defined in Section 1132.6 of the Labor
Code, or are subjected to a lockout, as defined in Section 1132.8 of
the Labor Code, shall not exceed, for the duration of the strike or
lockout, the average daily hours worked for the preceding six months,
or, if the authority's contract with the employer has been in
operation for less than six months, the average for the period of
operation.

1768.7.  (a) Any person committed to the authority who escapes or
attempts to escape from the institution or facility in which he or
she is confined, who escapes or attempts to escape while being
conveyed to or from such an institution or facility, who escapes or
attempts to escape while outside or away from such an institution or
facility under custody of Youth Authority officials, officers, or
employees, or who, with intent to abscond from the custody of the
Youth Authority, fails to return to such an institution or facility
at the prescribed time while outside or away from the institution or
facility on furlough or temporary release, is guilty of a felony.
   (b) Any offense set forth in subdivision (a) which is accomplished
by force or violence is punishable by imprisonment in the state
prison for a term of two, four, or six years. Any offense set forth
in subdivision (a) which is accomplished without force or violence is
punishable by imprisonment in the state prison for a term of 16
months, two or three years or in the county jail not exceeding one
year.
   (c) For purposes of this section, "committed to the authority"
means a commitment to the Youth Authority pursuant to Section 731 or
1731.5; a remand to the custody of the Youth Authority pursuant to
Section 707.2; a placement at the Youth Authority pursuant to Section
704, 1731.6, or 1753.1; or a transfer to the custody of the Youth
Authority pursuant to subdivision (c) of Section 1731.5.

1768.8.  (a) An assault or battery by any person confined in an
institution under the jurisdiction of the Department of the Youth
Authority upon the person of any individual who is not confined
therein shall be punishable by a fine not exceeding two thousand
dollars ($2,000), or by imprisonment in the county jail not exceeding
one year, or by both a fine and imprisonment.
   (b) An assault by any person confined in an institution under the
jurisdiction of the Department of the Youth Authority upon the person
of any individual who is not confined therein, with a deadly weapon
or instrument, or by any means of force likely to produce great
bodily injury, is a felony punishable by imprisonment in the state
prison for two, four, or six years.

1768.85.  (a) Every person confined under the jurisdiction of the
Department of the Youth Authority who commits a battery by gassing
upon the person of any peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2, or employee of
the institution is guilty of aggravated battery and shall be punished
by imprisonment in a county jail or by imprisonment in the state
prison for two, three, or four years.
   (b) For purposes of this section, "gassing" means intentionally
placing or throwing, or causing to be placed or thrown, upon the
person of another, any human excrement or other bodily fluids or
bodily substances or any mixture containing human excrement or other
bodily fluids or bodily substances that results in actual contact
with the person's skin or membranes.
   (c) The person in charge of the institution under the jurisdiction
of the Department of the Youth Authority shall use every available
means to immediately investigate all reported or suspected violations
of subdivision (a), including, but not limited to, the use of
forensically acceptable means of preserving and testing the suspected
gassing substance to confirm the presence of human excrement or
other bodily fluids or bodily substances. If there is probable cause
to believe that a ward has violated subdivision (a), the chief
medical officer of the institution under the jurisdiction of the
Department of the Youth Authority, or his or her designee, may, when
he or she deems it medically necessary to protect the health of an
officer or employee who may have been subject to a violation of this
section, order the ward to receive an examination or test for
hepatitis or tuberculosis or both hepatitis and tuberculosis on
either a voluntary or involuntary basis immediately after the event,
and periodically thereafter as determined to be necessary by the
medical officer in order to ensure that further hepatitis or
tuberculosis transmission does not occur. These decisions shall be
consistent with an occupational exposure as defined by the Center for
Disease Control and Prevention. The results of any examination or
test shall be provided to the officer or employee who has been
subject to a reported or suspected violation of this section. Nothing
in this subdivision shall be construed to otherwise supersede the
operation of Title 8 (commencing with Section 7500). Any person
performing tests, transmitting test results, or disclosing
information pursuant to this section shall be immune from civil
liability for any action taken in accordance with this section.
   (d) The person in charge of the institution under the jurisdiction
of the Department of the Youth Authority shall refer all reports for
which there is probable cause to believe that the inmate has
violated subdivision (a) to the local district attorney for
prosecution.
   (e) The Department of the Youth Authority shall report to the
Legislature, by January 1, 2003, its findings and recommendations on
gassing incidents at the department's facilities and the medical
testing authorized by this section. The report shall include, but not
be limited to, all of the following:
   (1) The total number of gassing incidents at each youth
correctional facility up to the date of the report.
   (2) The disposition of each gassing incident, including the
administrative penalties imposed, the number of incidents that are
prosecuted, and the results of those prosecutions, including any
penalties imposed.
   (3) A profile of the wards who commit the batteries by gassing,
including the number of wards who have one or more prior serious or
violent felony convictions.
   (4) Efforts that the department has taken to limit these
incidents, including staff training and the use of protective
clothing and goggles.
   (5) The results and costs of the medical testing authorized by
this section.
   (f) Nothing in this section shall preclude prosecution under both
this section and any other provision of law.

1768.9.  (a) Notwithstanding any other provision of law, a person
under the jurisdiction or control of the Department of the Youth
Authority is obligated to submit to a test for the probable causative
agent of AIDS upon a determination of the chief medical officer of
the facility that clinical symptoms of AIDS or AIDS-related complex,
as recognized by the Centers for Disease Control, is present in the
person. In the event that the subject of the test refuses to submit
to such a test, the department may seek a court order to require him
or her to submit to the test.
   (b) Prior to ordering a test pursuant to subdivision (a), the
chief medical officer shall ensure that the subject of the test
receives pretest counseling. The counseling shall include:
   (1) Testing procedures, effectiveness, reliability, and
confidentiality.
   (2) The mode of transmission of HIV.
   (3) Symptoms of AIDS and AIDS-related complex.
   (4) Precautions to avoid exposure and transmission.
   The chief medical officer shall also encourage the subject of the
test to undergo voluntary testing prior to ordering a test. The chief
medical officer shall also ensure that the subject of the test
receives posttest counseling.
   (c) The following procedures shall apply to testing conducted
under this section:
   (1) The withdrawal of blood shall be performed in a medically
approved manner. Only a physician, registered nurse, licensed
vocational nurse, licensed medical technician, or licensed
phlebotomist may withdraw blood specimens for the purposes of this
section.
   (2) The chief medical officer shall order that the blood specimens
be transmitted to a licensed medical laboratory which has been
approved by the State Department of Health Services for the
conducting of AIDS testing, and that tests, including all readily
available confirmatory tests, be conducted thereon for medically
accepted indications of exposure to or infection with HIV.
   (3) The subject of the test shall be notified face-to-face as to
the results of the test.
   (d) All counseling and notification of test results shall be
conducted by one of the following:
   (1) A physician and surgeon who has received training in the
subjects described in subdivision (b).
   (2) A registered nurse who has received training in the subjects
described in subdivision (b).
   (3) A psychologist who has received training in the subjects
described in subdivision (b) and who is under the purview of either a
registered nurse or physician and surgeon who has received training
in the subjects described in subdivision (b).
   (4) A licensed social worker who has received training in the
subjects described in subdivision (b) and who is under the purview of
either a registered nurse or physician and surgeon who has received
training in the subjects described in subdivision (b).
   (5) A trained volunteer counselor who has received training in the
subjects described in subdivision (b) and who is under the
supervision of either a registered nurse or physician and surgeon who
has received training in the subjects described in subdivision (b).
   (e) The Department of the Youth Authority shall provide medical
services appropriate for the diagnosis and treatment of those
infected with HIV.
   (f) The Department of the Youth Authority may operate separate
housing facilities for wards and inmates who have tested positive for
HIV infection and who continue to engage in activities which
transmit HIV. These facilities shall be comparable to those of other
wards and inmates with access to recreational and educational
facilities, commensurate with the facilities available in the
institution.
   (g) Notwithstanding any other provision of law, the chief medical
officer of a facility of the Department of the Youth Authority may do
all of the following:
   (1) Disclose results of a test for the probable causative agent of
AIDS to the superintendent or administrator of the facility where
the test subject is confined.
   (2) When test results are positive, inform the test subject's
known sexual partners or needle contacts in a Department of the Youth
Authority facility of the positive results, provided that the test
subject's identity is kept confidential. All wards and inmates who
are provided with this information shall be provided with the
counseling described in subdivision (b).
   (3) Include the test results in the subject's confidential medical
record which is to be maintained separate from other case files and
records.
   (h) Actions taken pursuant to this section shall not be subject to
subdivisions (a) to (c), inclusive, of Section 120980 of the Health
and Safety Code. In addition, the requirements of subdivision (a) of
Section 120990 of the Health and Safety Code shall not apply to
testing performed pursuant to this section.

1768.10.  Notwithstanding any other law, the Youth Authority Board
may require a person under its jurisdiction or control to submit to
an examination or test for tuberculosis when the board reasonably
suspects that the parolee has, has had, or has been exposed to,
tuberculosis in an infectious stage. For purposes of this section, an
"examination or test for tuberculosis" means testing and followup
examinations or treatment according to the Centers for Disease
Control and the American Thoracic Society recommendations in effect
at the time of the initial examination.

1769.  (a) Every person committed to the Department of the Youth
Authority by a juvenile court shall, except as provided in
subdivision (b), be discharged upon the expiration of a two-year
period of control or when the person reaches his or her 21st
birthday, whichever occurs later, unless an order for further
detention has been made by the committing court pursuant to Article 6
(commencing with Section 1800).
   (b) Every person committed to the Department of the Youth
Authority by a juvenile court who has been found to be a person
described in Section 602 by reason of the violation of any of the
offenses listed in subdivision (b), paragraph (2) of subdivision (d),
or subdivision (e) of Section 707, shall be discharged upon the
expiration of a two-year period of control or when the person reaches
his or her 25th birthday, whichever occurs later, unless an order
for further detention has been made by the committing court pursuant
to Article 6 (commencing with Section 1800).

1770.  Every person convicted of a misdemeanor and committed to the
authority shall be discharged upon the expiration of a two-year
period of control or when the person reaches his 23d birthday,
whichever occurs later, unless an order for further detention has
been made by the committing court pursuant to Article 6 (commencing
with Section 1800).

1771.  Every person convicted of a felony and committed to the
authority shall be discharged when such person reaches his 25th
birthday, unless an order for further detention has been made by the
committing court pursuant to Article 6 (commencing with Section 1800)
or unless a petition is filed under Article 5 of this chapter. In
the event such a petition under Article 5 is filed, the authority
shall retain control until the final disposition of the proceeding
under Article 5.

1772.  (a) Subject to subdivision (b), every person honorably
discharged from control by the Youth Authority Board who has not,
during the period of control by the authority, been placed by the
authority in a state prison shall thereafter be released from all
penalties and disabilities resulting from the offense or crime for
which he or she was committed, and every person discharged may
petition the court which committed him or her, and the court may upon
that petition set aside the verdict of guilty and dismiss the
accusation or information against the petitioner who shall thereafter
be released from all penalties and disabilities resulting from the
offense or crime for which he or she was committed, including, but
not limited to, any disqualification for any employment or
occupational license, or both, created by any other provision of law.
   (b) Notwithstanding subdivision (a):
   (1) A person described by subdivision (a) shall not be eligible
for appointment as a peace officer employed by any public agency if
his or her appointment would otherwise be prohibited by Section 1029
of the Government Code. However, that person may be appointed and
employed as a peace officer by the Department of the Youth Authority
if (A) at least five years have passed since his or her honorable
discharge, and the person has had no misdemeanor or felony
convictions except for traffic misdemeanors since he or she was
honorably discharged by the Youth Authority Board, or (B) the person
was employed as a peace officer by the Department of the Youth
Authority on or before January 1, 1983. No person who is under the
jurisdiction of the Department of the Youth Authority shall be
admitted to an examination for a peace officer position with the
department unless and until the person has been honorably discharged
from the jurisdiction of the Youth Authority Board.
   (2) A person described by subdivision (a) is subject to Sections
12021 and 12021.1 of the Penal Code.
   (3) The conviction of a person described by subdivision (a) for an
offense listed in subdivision (b) of Section 707 is admissible in a
subsequent criminal, juvenile, or civil proceeding if otherwise
admissible, if all the following are true:
   (A) The person was 16 years of age or older at the time he or she
committed the offense.
   (B) The person was found unfit to be dealt with under the juvenile
court law pursuant to Section 707 because he or she was alleged to
have committed an offense listed in subdivision (b) of Section 707.
   (C) The person was tried as an adult and convicted of an offense
listed in subdivision (b) of Section 707.
   (D) The person was committed to the Department of the Youth
Authority for the offense referred to in subparagraph (C).
   (4) The conviction of a person described by subdivision (a) may be
used to enhance the punishment for a subsequent offense.
   (5) The conviction of a person who is 18 years of age or older at
the time he or she committed the offense is admissible in a
subsequent civil, criminal, or juvenile proceeding, if otherwise
admissible pursuant to law.
   (c) Every person discharged from control by the Youth Authority
Board shall be informed of the provisions of this section in writing
at the time of discharge.
   (d) "Honorably discharged" as used in this section means and
includes every person whose discharge is based upon a good record on
parole.

1773.  (a) No condition or restriction upon the obtaining of an
abortion by a female committed to the Division of Juvenile
Facilities, pursuant to the Therapeutic Abortion Act (Article 2
(commencing with Section 123400) of Chapter 2 of Part 2 of Division
106 of the Health and Safety Code), other than those contained in
that act, shall be imposed. Females found to be pregnant and desiring
abortions shall be permitted to determine their eligibility for an
abortion pursuant to law, and if determined to be eligible, shall be
permitted to obtain an abortion.
   (b) The rights provided for females by this section shall be
posted in at least one conspicuous place to which all females have
access.

1774.  (a) Any female who has been committed to the authority shall
have the right to summon and receive the services of any physician
and surgeon of her choice in order to determine whether she is
pregnant. The director may adopt reasonable rules and regulations
with regard to the conduct of examinations to effectuate that
determination.
   (b) If she is found to be pregnant, she is entitled to a
determination of the extent of the medical services needed by her and
to the receipt of those services from the physician and surgeon of
her choice. Any expenses occasioned by the services of a physician
and surgeon whose services are not provided by the facility shall be
borne by the female.
   (c) A ward who gives birth while under the jurisdiction of the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities, or a community treatment program has the right to the
following services:
   (1) Prenatal care.
   (2) Access to prenatal vitamins.
   (3) Childbirth education.
   (d) A ward shall not be shackled by the wrists, ankles, or both
during labor, including during transport to a hospital, during
delivery, and while in recovery after giving birth, subject to the
security needs described in this section. Pregnant wards temporarily
taken to a hospital outside the facility for the purposes of
childbirth shall be transported in the least restrictive way
possible, consistent with the legitimate security needs of each ward.
Upon arrival at the hospital, once the ward has been declared by the
attending physician to be in active labor, the ward shall not be
shackled by the wrists, ankles, or both, unless deemed necessary for
the safety and security of the ward, the staff, and the public.
   (e) Any physician providing services pursuant to this section
shall possess a current, valid, and unrevoked certificate to engage
in the practice of medicine issued pursuant to Chapter 5 (commencing
with Section 2000) of Division 2 of the Business and Professions
Code.
   (f) The rights provided to females by this section shall be posted
in at least one conspicuous place to which all female wards have
access.

1776.  Whenever an alleged parole violator is detained in a county
detention facility pursuant to a valid exercise of the powers of the
Department of Corrections and Rehabilitation as specified in Sections
1753, 1755, and 1767.3 and when such detention is initiated by the
Department of Corrections and Rehabilitation and is related solely to
a violation of the conditions of parole and is not related to a new
criminal charge, the county shall be reimbursed for the costs of such
detention by the Department of the Department of Corrections and
Rehabilitation. Such reimbursement shall be expended for maintenance,
upkeep, and improvement of juvenile hall and jail conditions,
facilities, and services. Before the county is reimbursed by the
department, the total amount of all charges against that county
authorized by law for services rendered by the department shall be
first deducted from the gross amount of the reimbursement authorized
by this section. Such net reimbursement shall be calculated and paid
monthly by the department. The department shall withhold all or part
of such net reimbursement to a county whose juvenile hall or jail
facility or facilities do not conform to minimum standards for local
detention facilities as authorized by Section 6030 of the Penal Code
or Section 210 of this code.
   "Costs of such detention," as used in this section, shall include
the same cost factors as are utilized by the Department of
Corrections and Rehabilitation in determining the cost of prisoner
care in state correctional facilities.
   No city, county, or other jurisdiction may file, and the state may
not reimburse, a claim pursuant to this section that is presented to
the Department of Corrections and Rehabilitation or to any other
agency or department of the state more than six months after the
close of the month in which the costs were incurred.

1777.  Any moneys received pursuant to the Federal Social Security
Act by a ward who is incarcerated by the Youth Authority are liable
for the reasonable costs of the ward's support and maintenance.

1778.  Notwithstanding Section 11425.10 of the Government Code,
Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3
of Title 2 of the Government Code does not apply to a parole hearing
or other adjudication concerning rights of a person committed to the
control of the Youth Authority conducted by the Department of the
Youth Authority or the Youth Authority Board.