Section 3040.4 - Youth Offender Program(a) Youth Offender Program (YOP) (1) The department shall, at reception, automatically grant a youth offender under 26 years of age a lower security level than the level that corresponds with that individual's placement score pursuant to section 3375.1, or placement in a facility that permits increased access to programs, except for a youth offender who has committed a serious in-custody offense, who shall be reviewed by a classification committee. Participation shall be mandatory for the initial 12 months for all eligible offenders under 26 years of age at the designated Youth Offender Rehabilitative Community (YORC) or a YOP institution.(2) Offenders received into CDCR who are under 26 years of age upon reception, who have received a Division "A" or "B" offense involving violence, or equivalent behavior from a verifiable incarcerated period, shall require a Youth Offender Committee (YOC) for program placement consideration. The YOC may be completed by any classification committee, however, at least one member shall be a department staff member who has received specialty training as set forth in Penal Code section 2905(b)(1) to conduct these reviews.(3) If the offender has been determined not appropriate for YOP placement, all YOP exclusionary factors shall be documented on the CDC Form 128-G, (Rev. 10/89), Classification Chrono, which is incorporated by reference. The committee shall make an alternative placement recommendation to a non-YORC or YOP institution, consistent with the offender's case factors.(4) Offenders with a placement score of 36-59 (Level III) or 60+ (Level IV), who are eligible for placement in a lower security YORC or a YOP institution which is not consistent with their placement score, require the 'AGE' Administrative Determinant (AD) pursuant to section 3375.2.(b) Youth Offender Program Reception Center (RC) Processing and Eligibility (1) All offenders under 26 years of age received at a RC shall be identified.(2) Offenders received into CDCR who are under 26 years of age upon reception shall be considered for placement in the YORC or YOP based on the following eligibility criterion: Rules Violation Reports (RVR) involving violence, which are classified as either a Division "A" or "B" offense, or equivalent behavior from a verifiable incarcerated period, shall require a case-by-case review by a classification committee to ensure appropriateness of program eligibility.(c) General Population (GP) Criteria for Youth Offender Program Placement(1) Offenders under 26 years of age who previously opted not to participate, were deemed ineligible, or denied participation in the program under prior policy, shall be evaluated for voluntary placement at their subsequent annual review. All offenders currently participating in the YOP shall continue to be reviewed annually for appropriate placement.(2) The offender shall be disciplinary free of RVRs involving violence, which are classified as either Division "A" or "B" offenses (or equivalent behavior from a verifiable incarcerated period), for the past 12 months from the date of review by committee for program consideration. If deemed eligible, offenders who volunteer for program placement shall be transferred to the designated YORC or YOP institution.(d) Youth Offender Rehabilitative Community (YORC). Priority placement is given to Reception Center offenders received into CDCR who meet the Youth Offender Program eligibility criteria at a YORC and shall be considered for placement in the 12-month YORC curriculum. The YORC curriculum includes courses regarding addiction, gang prevention, victim awareness, and other educational and rehabilitative programming.(e) Removal Process (1) RVRs involving violence which are classified as either a Division "A" or "B" offense shall require a case-by-case review by a classification committee to determine program retention or removal.(2) Any inmate who generates a significant disciplinary history (Program Failure) within a six-month period as defined in section 3000 may be reviewed by committee.(3) Offenders who have completed the program or have aged out (no longer under 26 years of age) shall be taken to committee for transfer if the offender wishes to transfer after completing the program but before turning 26 years of age, or before finishing the program but after turning 26 years of age.(4) YOP participants who do not wish to continue with the program after the mandatory 12 months shall be removed from the program following their annual review and transferred to appropriate housing commensurate with their case factors.Cal. Code Regs. Tit. 15, § 3040.4
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2905 and 5054, Penal Code.
1. New section filed 8-28-2024; operative 10/1/2024 (Register 2024, No. 35).