2011 California Code
Welfare and Institutions Code
DIVISION 2.5. YOUTHS [1700 - 2106]
ARTICLE 2.5. Youthful Offender Parole Board
Section 1719.5

(a) This section shall become operative on the 90th day after the enactment of the act adding this section.

(b) The following powers and duties shall be exercised and performed by the Juvenile Parole Board: discharges of commitment, orders for discharge from the jurisdiction of the Division of Juvenile Facilities to the jurisdiction of the committing court, revocation or suspension of parole, and disciplinary appeals.

(c) Any ward may appeal a decision by the Juvenile Parole Board to deny discharge to a panel comprised of at least two commissioners.

(d) The following powers and duties shall be exercised and performed by the Division of Juvenile Facilities: return of persons to the court of commitment for redisposition by the court or a reentry disposition, determination of offense category, setting of discharge consideration dates, conducting annual reviews, treatment program orders, institution placements, furlough placements, return of nonresident persons to the jurisdiction of the state of legal residence, disciplinary decisionmaking, and referrals pursuant to Section 1800.

(e) The department shall promulgate policies and regulations implementing a departmentwide system of graduated sanctions for addressing ward disciplinary matters. The disciplinary decisionmaking system shall be employed as the disciplinary system in facilities under the jurisdiction of the Division of Juvenile Facilities, and shall provide a framework for handling disciplinary matters in a manner that is consistent, timely, proportionate, and ensures the due process rights of wards. The department shall develop and implement a system of graduated sanctions that distinguishes between minor, intermediate, and serious misconduct. The department may extend a ward s discharge consideration date, subject to appeal pursuant to subdivision (c), from one to not more than 12 months, inclusive, for a sustained serious misconduct violation if all other sanctioning options have been considered and determined to be unsuitable in light of the ward s previous case history and the circumstances of the misconduct. In any case in which a discharge consideration date has been extended, the disposition report shall clearly state the reasons for the extension. The length of any discharge consideration date extension shall be based on the seriousness of the misconduct, the ward s prior disciplinary history, the ward s progress toward treatment objectives, the ward s earned program credits, and any extenuating or mitigating circumstances. The department shall promulgate regulations to implement a table of sanctions to be used in determining discharge consideration date extensions. The department also may promulgate regulations to establish a process for granting wards who have successfully responded to disciplinary sanctions a reduction of up to 50 percent of any time acquired for disciplinary matters.

(f) This section applies only to a ward who is discharged from state jurisdiction to the jurisdiction of the committing court on or after the operative date of this section.

(g) This section shall become inoperative on July 1, 2014, and, as of January 1, 2015, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2015, deletes or extends the dates on which it becomes inoperative and is repealed.

(Added by Stats. 2010, Ch. 729, Sec. 14. Effective October 19, 2010. Inoperative July 1, 2014. Repealed as of January 1, 2015, by its own provisions.)