Cal. Code Regs. tit. 9 § 31376
If the Division of Juvenile Justice determines that at the time of the current Welfare and Institutions (W&I) Code Section 1800 evaluation, the youth has a currently diagnosed mental or physical deficiency, disorder or abnormality that causes the youth to have serious difficulty controlling his or her behavior such that the youth would he physically dangerous to the public if discharged, then the Chief Deputy Secretary or designee shall make a request to the District Attorney of the county of commitment to file a petition to the committing court for an order directing that the youth remain subject to the control of the DJJ.
If the decision is made at any level not to proceed with a W&I Code Section 1800 petition, and the Juvenile Parole Board (JPB) under W&I Code Section 1800.5 believes, based on some evidence, that the youth meets each of the criteria for a WIC 1800 extension, the JPB may request the CDS to review the case for further action upon a majority vote of a Full Board En Banc (FBEB). The JPB shall communicate specific and articulable facts that lead it to that belief, in writing, to the CDS and shall request a WIC 1800.5 review. A request for review by the CDS shall be made not less than 120 days before the date of final discharge, and review shall be completed and transmitted to the FBEB not more than 15 days after the request has been received.
If, after review, the psychiatrist or psychologist affirms the initial finding, concludes that a subsequent assessment does not demonstrate that a youth is subject to extended confinement pursuant to W&I Code Section 1800, or fails to respond to a request from the JPB within 15 calendar days, and the Board continues to find, based on a preponderance of evidence, that at the time of the current W&I Code Section 1800 evaluation the youth has a currently diagnosed mental or physical deficiency, disorder or abnormality that causes the youth to have serious difficulty controlling his or her behavior such that the youth would be physically dangerous to the public if discharged, then the Board may request the prosecuting attorney to petition the committing court for an order for a W&I Code Section 1800 time extension.
Then the JPB, upon a majority vote of the FBEB, shall send a request to the prosecuting attorney to petition the committing court for an order directing that the youth remain subject to the control of DJJ pursuant to Section 1800, which includes the specific and articulable facts as evidence that the youth meets each criteria for a W&I Code Section 1800 extension upon which it bases its conclusion.
The W&I Code, Section 1800 evaluations shall be completed within two (2) months of receipt of an order, but not more than seven (7) months before the Available Confinement Time (ACT) or jurisdiction expires.
All W&I Code, Section 1800 evaluations shall be completed and forwarded to the Juvenile Parole Board (JPB) or District Attorney (DA) three (3) months after the order has been received or four (4) months before the ACT, whichever is later.
All W&I Code, Section 1800.5 evaluations shall be completed and returned to the JPB within 15 calendar days of receipt of the order.
Cal. Code Regs. Tit. 9, § 31376
Note: Authority cited: Section 5075.1(j), Penal Code; and Section 1712, Welfare and Institutions Code. Reference: Sections 1800 and 1800.5, Welfare and Institutions Code.