Cal. Code Regs. tit. 9 § 31342

Current through Register 2024 Notice Reg. No. 41, October 11, 2024

Section 31342 - Discretion to Reject

The Youth Authority may accept or reject pursuant to Welfare and Institutions Code Section 1731.5(c).

Persons will be rejected for housing for one or more of the following reasons:

(a) The person is 17 years and 6 months or older at the time the referral is received by the Youth Authority, and the sentence imposed will result in an earliest possible release date that exceeds the person's 21st birthday.

(b) The person has been determined to be unamenable by Youth Authority staff during diagnostic evaluation pursuant to Welfare and Institutions Code Section 707.2.

(c) The person has been determined to be unamenable by Youth Authority staff through review of case materials provided by the sentencing court/probation department in accordance with Section 31341.

(d) The person is a current or former Youth Authority ward or inmate who has been released on parole.

(e) Adequate facilities and treatment services are not available to provide required care (i.e., acute or chronic medical/psychiatric needs).

(f) The person represents a physical danger to the health and safety of staff or wards as demonstrated by a history of unacceptable behavior (i.e., escape, possession of weapons, aggression toward staff or peers) in correctional or juvenile rehabilitation programs.

(g) The person's custody and security requirements exceed those available in Youth Authority facilities.

Cal. Code Regs. Tit. 9, § 31342

1. Change without regulatory effect renumbering title 15, section 4197.2 to title 9, section 31342, including amendment of subsection (c), filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7).

Note: Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 707.2, 1731.5(c) and 1741, Welfare and Institutions Code.