Section § 1710

Explanation

This section clarifies that any mention of the Department of the Youth Authority is now a reference to the Division of Juvenile Justice under the Department of Corrections and Rehabilitation. The section outlines the purposes of various divisions: the Division of Juvenile Justice focuses on societal protection by securely housing youth, the Division of Juvenile Programs emphasizes education and rehabilitation to reintegrate young offenders back into society, and the Division of Juvenile Parole Operations oversees the successful reentry of youth into society to reduce their repeat offenses and enhance public safety.

(a)CA Welfare & Institutions Code § 1710(a) Any reference to the Department of the Youth Authority in this code or any other code refers to the Department of Corrections and Rehabilitation, Division of Juvenile Justice.
(b)CA Welfare & Institutions Code § 1710(b) The Legislature finds and declares the following:
(1)CA Welfare & Institutions Code § 1710(b)(1) The purpose of the Division of Juvenile Justice within the Department of Corrections and Rehabilitation is to protect society from the consequences of criminal activity by providing for the secure placement of youth, and to effectively and efficiently operate and manage facilities housing youthful offenders under the jurisdiction of the department, consistent with the purposes set forth in Section 1700.
(2)CA Welfare & Institutions Code § 1710(b)(2) The purpose of the Division of Juvenile Programs within the Department of Corrections and Rehabilitation is to provide comprehensive education, training, treatment, and rehabilitative services to youthful offenders under the jurisdiction of the department, that are designed to promote community restoration, family ties, and victim restoration, and to produce youth who become law-abiding and productive members of society, consistent with the purposes set forth in Section 202.
(3)CA Welfare & Institutions Code § 1710(b)(3) The purpose of the Division of Juvenile Parole Operations within the Department of Corrections and Rehabilitation is to monitor and supervise the reentry into society of youthful offenders under the jurisdiction of the department, and to promote the successful reintegration of youthful offenders into society, in order to reduce the rate of recidivism, thereby increasing public safety.

Section § 1711

Explanation

This law states that whenever you see mention of the Director of the Youth Authority, it actually refers to the Director of the Division of Juvenile Justice under the Department of Corrections and Rehabilitation, unless specified otherwise.

Any reference to the Director of the Youth Authority shall be to the Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation, unless otherwise expressly provided.

Section § 1712

Explanation

This law explains who has the authority and responsibility for the care and treatment of wards that aren't specifically given to other juvenile justice entities in California. The Secretary of the Department of Corrections and Rehabilitation is in charge of these duties, and can assign responsibilities as needed. Starting from July 1, 2005, the Secretary is also authorized to create and enforce rules for the Division of Juvenile Facilities, Programs, and Parole Operations. These rules should be clear and understandable to the public.

The Secretary is required to keep a collection of these rules so they are accessible to everyone. If a new rule is to go into effect, it should be posted in institutions and sent to interested individuals or organizations at least 20 days before becoming active. Additionally, when considering changes to rules, summaries of information used in decision-making must be kept as public records for one year.

(a)CA Welfare & Institutions Code § 1712(a) All powers, duties, and functions pertaining to the care and treatment of wards provided by any provision of law and not specifically and expressly assigned to the Juvenile Justice branch of the Department of Corrections and Rehabilitation, or to the Board of Parole Hearings, shall be exercised and performed by the Secretary of the Department of Corrections and Rehabilitation. The secretary shall be the appointing authority for all civil service positions of employment in the department. The secretary may delegate the powers and duties vested in the secretary by law, in accordance with Section 7.
(b)CA Welfare & Institutions Code § 1712(b) Commencing July 1, 2005, the secretary is authorized to make and enforce all rules appropriate to the proper accomplishment of the functions of the Division of Juvenile Facilities, Division of Juvenile Programs, and Division of Juvenile Parole Operations. The rules shall be promulgated and filed pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and shall, to the extent practical, be stated in language that is easily understood by the general public.
(c)CA Welfare & Institutions Code § 1712(c) The secretary shall maintain, publish, and make available to the general public, a compendium of rules and regulations promulgated by the department pursuant to this section.
(d)CA Welfare & Institutions Code § 1712(d) The following exceptions to the procedures specified in this section shall apply to the department:
(1)CA Welfare & Institutions Code § 1712(d)(1) The department may specify an effective date that is any time more than 30 days after the rule or regulation is filed with the Secretary of State; provided that no less than 20 days prior to that effective date, copies of the rule or regulation shall be posted in conspicuous places throughout each institution and shall be mailed to all persons or organizations who request them.
(2)CA Welfare & Institutions Code § 1712(d)(2) The department may rely upon a summary of the information compiled by a hearing officer; provided that the summary and the testimony taken regarding the proposed action shall be retained as part of the public record for at least one year after the adoption, amendment, or repeal.

Section § 1712.1

Explanation

This law ensures that juveniles in correctional facilities are encouraged to keep in touch with family, clergy, and others to help with their rehabilitation and becoming a productive member of society. It requires a list of allowed visitors or contacts to be easily transferable between facilities. The law mandates at least four phone calls to family each month, prohibits reducing these as punishment, and allows communication in the ward's native language. If visits are suspended, facilities must inform loved ones and provide a toll-free number for visiting information. Materials for correspondence should be safe but available unless posing a risk, with any such seizures documented in the ward’s records.

(a)CA Welfare & Institutions Code § 1712.1(a) A ward confined in a facility of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, shall be encouraged to communicate with family members, clergy, and others, and to participate in programs that will facilitate his or her education, rehabilitation, and accountability to victims, and that may help the ward become a law-abiding and productive member of society. If the division or a facility requires a ward to provide a list of allowed visitors, calls, or correspondents, that list shall be transferable from facility to facility, so that the transfer of the ward does not unduly interrupt family and community communication.
(b)CA Welfare & Institutions Code § 1712.1(b) A ward shall be allowed a minimum of four telephone calls to his or her family per month. A restriction or reduction of the minimum amount of telephone calls allowed to a ward shall not be imposed as a disciplinary measure. If calls conflict with institutional operations, supervision, or security, telephone usage may be temporarily restricted to the extent reasonably necessary for the continued operation and security of the facility. When speaking by telephone with a family member, clergy, or counsel, a ward may use his or her native language or the native language of the person to whom he or she is speaking.
(c)Copy CA Welfare & Institutions Code § 1712.1(c)
(1)Copy CA Welfare & Institutions Code § 1712.1(c)(1) If a ward’s visitation rights are suspended, division or facility staff shall be prepared to inform one or more persons on the list of those persons allowed to visit the ward, if any of those persons should call to ask.
(2)CA Welfare & Institutions Code § 1712.1(c)(2) The division or facility shall maintain a toll-free telephone number that families and others may call to confirm visiting times, and to provide timely updates on interruptions and rescheduling of visiting days, times, and conditions.
(3)Copy CA Welfare & Institutions Code § 1712.1(c)(3)
(A)Copy CA Welfare & Institutions Code § 1712.1(c)(3)(A) The division shall encourage correspondence with family or clergy by providing blank paper, envelopes, pencils, and postage. Materials shall be provided in a manner that protects institutional and public safety.
(B)CA Welfare & Institutions Code § 1712.1(c)(3)(A)(B) When corresponding with a family member, clergy, or counsel in writing, the ward may use his or her native language or the native language of the person to whom he or she is writing.
(C)CA Welfare & Institutions Code § 1712.1(c)(3)(A)(C) Blank paper, envelopes, and pencils shall not be deemed contraband nor seized except in cases where the staff determines that these items would likely be used to cause bodily harm, injury, or death to the ward or other persons, or, based on specific history of property damage by the individual ward, would likely be used to cause destruction of state property. If the staff asserts that it is necessary to seize materials normally used for correspondence, the reasons for the seizure shall be entered in writing in the ward’s file or records.

Section § 1712.5

Explanation

This law prohibits anyone in institutions or camps run by the Department of the Youth Authority from possessing or using tobacco products. The Director of the Youth Authority must create rules to enforce this ban, but there can be exceptions for approved religious ceremonies.

Additionally, people not covered in part (a), such as visitors or staff, cannot use tobacco on the grounds of these facilities. The only exception is in residential staff areas where no inmates or wards are present.

(a)CA Welfare & Institutions Code § 1712.5(a) The possession or use of tobacco products by wards and inmates in all institutions and camps under the jurisdiction of the Department of the Youth Authority is prohibited. The Director of the Youth Authority shall adopt regulations to implement this prohibition, which shall include an exemption for departmentally approved religious ceremonies.
(b)CA Welfare & Institutions Code § 1712.5(b) The use of tobacco products by any person not included in subdivision (a) on the grounds of any institution or facility under the jurisdiction of the Department of the Youth Authority is prohibited, with the exception of residential staff housing where inmates or wards are not present.

Section § 1713

Explanation

This law outlines qualifications and appointment processes for the Director of the Division of Juvenile Justice within California's Department of Corrections and Rehabilitation. It requires the Director to have significant administrative experience in programs that focus on rehabilitation or preventing delinquency among youth or adults. The Governor is allowed to ask the State Personnel Board to help find candidates using recruitment and merit selection methods. While the Governor can select a candidate from a provided list, they also have the option to choose someone else who meets the necessary criteria.

(a)CA Welfare & Institutions Code § 1713(a) The Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation shall have wide and successful administrative experience in youth or adult correctional programs embodying rehabilitative or delinquency prevention concepts.
(b)CA Welfare & Institutions Code § 1713(b) The Governor may request the State Personnel Board to use extensive recruitment and merit selection techniques and procedures to provide a list of persons qualified for appointment as that subordinate officer. The Governor may appoint any person from such list of qualified persons or may reject all names and appoint another person who meets the requirements of this section.

Section § 1714

Explanation

This law allows the Secretary of the Department of Corrections and Rehabilitation to move individuals from one juvenile detention facility to another. One factor they consider when deciding where to transfer someone is how close the new location is to the person's family.

The Secretary of the Department of Corrections and Rehabilitation may transfer persons confined in one institution or facility of the Division of Juvenile Justice to another. Proximity to family shall be one consideration in placement.

Section § 1715

Explanation

This law allows the director of the Youth Authority to pay back employees who are certified radiologic technologists for the costs they face when they get or renew their certification. These payments come from the Youth Authority's budget and apply to any such costs incurred since July 1, 1971.

From funds available for the support of the Youth Authority, the director may reimburse persons employed by the authority and certified as radiologic technologists pursuant to the Radiologic Technology Act (subdivision (f) of Section 27 of the Health and Safety Code) for the fees incurred both in connection with the obtaining of the certification since July 1, 1971, and with regard to the renewal thereof.