Cal. Code Regs. tit. 9 § 30704

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

Section 30704 - Time Limits on Fact Finding Hearings

Disciplinary decision making hearings should be completed within the established period of time.

(a) If the ward is confined in secure quarters for more than 24 hours or his liberty or access to a program is restricted for more than 24 hours, e.g., loss of off-grounds privilege, etc., the fact finding hearing shall be completed in no more than 24 calendar days:

(1) Following observation/discovery of the incident, or

(2) After the time at which the investigation focused on the ward as a responsible party, or

(3) After a restriction was imposed upon the ward, or

(4) Physical analysis of evidence is returned.

(b) Notwithstanding the provisions in subsection (a), if the ward was referred to court for prosecution and the court finds him "not guilty" or dismisses the case, a fact finding hearing shall be completed within 24 calendar days from the date of receipt of documents verifying the court findings. This time limit shall also apply if the ward is detained in a non-Youth Authority facility.

(c) When the ward is not confined in secure quarters, his liberty is not restricted, or he is not denied his regular program for more than 24 hours, the fact finding hearing shall be completed within 24 calendar days of the events described in subsection (a) (1) through (3).

(d) Specific time extensions may be granted if:

(1) Local law enforcement authorities are conducting an investigation and more time is required to complete it.

(2) Physical evidence is referred outside the facility for analysis and more time is required to complete the analysis.

(3) The ward is unavailable due to illness, escape, or other absence from the facility.

(4) A relevant witness requested by the ward is unavailable due to personal illness, family emergency, etc.

(5) A state of emergency exists, e.g., conservation camp wards are fighting fires, etc.

(6) The investigation is complex, e.g., a major incident involving five or more wards occurred.

(e) A time extension not exceeding the reasonable period of time necessary to meet the reason for the extension may be granted by the Superintendent. When the specific cause for the extension no longer exists, no further extensions shall be granted and the hearing shall be held within two working days from the last day that the time extension was in effect.

(f) The staff shall notify the ward of any time extension and reasons for such extension.

(g) Failure to meet the time limitations, including any extensions, described in this section shall result in dismissal of the DDMS action if the delay has resulted in substantial prejudice (as defined in Section 30710) to the ward.

Cal. Code Regs. Tit. 9, § 30704

1. Change without regulatory effect renumbering title 15, section 4636 to title 9, section 30704, including amendment of subsection (g), 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 1001, 1002 and 1004, Welfare and Institutions Code.