Cal. Code Regs. tit. 9 § 30711

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

Section 30711 - Disposition Hearing

(a) A disposition hearing shall be held when:

(1) A ward is returned from the Departments of Corrections, or Mental Health or Developmental Services facilities for disciplinary reasons.

(b) The disposition hearing shall be conducted as follows:

(1) Level A behavior: By any staff member assigned by the superintendent.

(2) Level B behavior: A disposition hearing should be held within 14 calendar days following the Fact-Finding Hearing by staff assigned by the superintendent consisting of:

(A) The independent fact finder, or

(B) Two members of the treatment team, or

(C) One member of the treatment team and the independent fact finder.

(c) At the disposition hearing the following shall be considered:

(1) The finding of the fact finder.

(2) The program objectives to be accomplished.

(3) The ward's personal characteristics and case background.

(d) The ward may be present if he chooses during both the fact finding and disposition hearings, unless:

(1) The information being presented would be dangerous to other persons.

(2) The fact finder or disposition makers wish to discuss the matter privately after all relevant information is presented.

(e) The ward shall be advised of his right to appeal (see Section 30713).

(f) The ward shall receive credit for all temporary restrictions, confinement in secure quarters, or any other restriction imposed while awaiting the disposition hearing.

Cal. Code Regs. Tit. 9, § 30711

1. Change without regulatory effect renumbering title 15, section 4647 to title 9, section 30711, including amendment of subsection (e), 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, 1004 and 1752, Welfare and Institutions Code.