Cal. Code Regs. tit. 9 § 30800

Current through Register 2024 Notice Reg. No. 41, October 11, 2024
Section 30800 - Rules of Construction and Definitions

Definitions. For the purpose of the regulations contained in this chapter the following words shall have the following meanings:

(1) Board Panel. A Juvenile Parole Board panel comprised of two qualified hearing officers. A quorum for a Board panel shall be two qualified hearing officers.
(2) Day(s). Calendar days, unless otherwise specified.
(3) Disability. A physical or mental impairment that substantially limits one or more of the major life activities of an individual; a record of such impairment or condition; or being regarded as having such an impairment or condition.
(4) Disciplinary Decision Making System. The Division of Juvenile Justice facility disciplinary system which has the ability to impose a sanction, deprive a youth of something possessed, or deny something which a youth reasonably expects as part of his/her prescribed program because the youth commits an institutional rule or law violation.
(5) Dual Commitment. A person who is under the jurisdiction of both the Division of Juvenile Justice and Division of Adult Operations of the California Department of Corrections and Rehabilitation.
(6) Effective Communication. Communication with persons with disabilities or those with limited English skills and reading ability that is as effective as communication with others. Effective communication may require the use of an appropriate auxiliary aid or service, or may be achieved by methods such as speaking clearly or using simple language and soliciting feedback to ensure understanding.
(7) Full Board En Banc: A Juvenile Parole Board hearing conducted by a quorum of the five-member Juvenile Parole Board. Three members are necessary to form a quorum when making case decisions and no action shall be valid unless agreed to by a majority of those present.
(8) Full Board Panel: A Juvenile Parole Board panel comprised of three qualified hearing officers. A Commissioner shall be included in the panel when available.
(9) Good Cause. Justifiable, legitimate, and unforeseeable reason for the delay, asserted in good faith and caused by factors that are beyond the control of the Juvenile Parole Board or the Division of Juvenile Justice.
(10) Hearing Officer. A member or case hearing representative, who conducts youth case hearings.
(11) Preponderance of Evidence. Standard of proof that requires a finding that it is more likely than not that a fact or charge is true.
(12) Projected Juvenile Parole Board Date. Formerly known as parole consideration date, it is an interval of time in which a youth may reasonably and realistically be expected to achieve readiness for parole. It is not a fixed term or sentence, nor is it a fixed parole release date. It applies to youth who are serving their initial commitments to Division of Juvenile Justice and have not been paroled yet.
(13) Reasonable Accommodation. A modification or adjustment that will help provide equal access to programs, activities and services for parolees with disabilities or effective communication needs.
(14) Referee. Any qualified hearing officer sitting alone for the purpose of hearing cases.
(15) Rescission Hearing. A Juvenile Parole Board hearing which may result in rescinding a youth's referral to parole.

Cal. Code Regs. Tit. 9, § 30800

1. Change without regulatory effect adopting new chapter 7 (articles 1-11), article 1 (section 30800) and renumbering former title 15, section 4900 to new title 9, section 30800, including amendment of section, filed 3-2-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 10).

Note: Authority cited: Section 1725, Welfare and Institutions Code. Reference: Sections 1711, 1716, 1719 and 1723, Welfare and Institutions Code.

1. Change without regulatory effect adopting new chapter 7 (articles 1-11), article 1 (section 30800) and renumbering former title 15, section 4900 to new title 9, section 30800, including amendment of section, filed 3-2-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 10).