Section 30846 - Rules for Hearings in Institutions and Camps(a) Attendance at Hearings. Attendance at hearings in institutions and camps is limited to: (1) Appropriate administrative and treatment team staff and a clerk when available.(2) A ward's parents, guardians, spouse or a relative designated by a parent or guardian, shall be permitted to attend a Board hearing as observers; however, any of these persons may be excluded by the Board for good cause, and shall be excluded if the ward makes a reasonable objection to their presence. Reasons for exclusion shall be set forth in writing by a memorandum to the case file by the Board panel chairperson.(3) Members of the public having a professional interest in the work of the Board or the Youth Authority or in a specific ward or hearing may be permitted to attend those hearing in which they have a particular interest as observers. Observers may not represent wards. Representation is governed by §4979 of these regulations. If the ward objects to their presence, such observers shall be excluded from the hearing room unless otherwise authorized by statute.(b) Hearing Presentations. Witnesses, including victims, having an interest in a particular ward or case may request an opportunity to make a presentation to the Board panel. Such persons may, upon their request, provide their testimony out of the presence of the ward prior to the commencement of the hearing. The Board panel shall make an audio or video record of the presentation, and shall play the recorded presentation on the record during the ward's hearing, unless the presentation qualifies under (2) of this subsection. If the presentation qualifies under (2) of this subsection, the Member or Board representative shall advise the ward of the substance of the presentation while maintaining the confidentiality of the source or witness. (1) Arranging Hearing Presentations. Requests for hearing presentations shall be referred to the executive officer. The executive officer and the office of the superintendent shall cooperate in the scheduling of an interview. The executive officer will be notified of the appointment; however, final approval for a hearing presentation rests with the chairperson at the designated location.(2) Confidential Status of Hearing Presentations to the Board. The confidential status of these presentations is conditional. Confidential status is granted only if the information is sensitive and not directly related to the ward's behavior. (A) Examples of sensitive information are: 1. Parents who are not natural parents.2. A ward born out of wedlock or from an uncertain relationship.3. A ward born in a mental hospital or prison while the mother was undergoing treatment or was incarcerated.(B) The Board will share sensitive information relating to a ward's behavior with his/her casework supervisor.(c) Case Reports for the Board. (1) Staff may request a modification of an existing order regarding a ward when the ward's behavior or circumstances indicate a need to do so. In reports to the Board, staff may recommend referral to parole or any other action deemed appropriate for the ward. At such hearings the Board shall take cognizance of such changes that may have occurred with regard to the individual and correctional needs of the ward. The Board in modifying any established parole consideration date shall act in accordance with Sections 30807-30813.(2) All case reports to the Board shall address the specific issues of parole readiness as set forth in Section 30815(h), (i) and (j) in addition to other matters presented.(3) During an initial hearing, the Board may refer a ward to an institution or camp or to parole. When a recommendation for referral to parole at an initial hearing is to be considered, staff shall prepare a written progress report which shall be considered by the Board along with the parole placement report.(d) Community Reaction Reports. A request by the Board for a community reaction report shall be made only by Board Order.Cal. Code Regs. Tit. 9, § 30846
1. Change without regulatory effect renumbering former title 15, section 4944 to new title 9, section 30846, including amendment of subsections (c)(1)-(2), filed 3-2-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 10). Note: Authority cited: Sections 1721 and 1722, Welfare and Institutions Code. Reference: Sections 1721 and 1723, Welfare and Institutions Code.
1. Change without regulatory effect renumbering former title 15, section 4944 to new title 9, section 30846, including amendment of subsections (c)(1)-(2), filed 3-2-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 10).