Cal. Code Regs. tit. 9 § 30705

Current through Register 2024 Notice Reg. No. 41, October 11, 2024
Section 30705 - Referral for Prosecution
(a) A ward who allegedly commits an offense may be referred to court for prosecution under any of the following circumstances:
(1) A ward's confinement time is near expiration and the staff believes that more confinement time is necessary for treatment or as discipline for his misbehavior.
(2) A ward is suspected of committing a felony.
(3) The ward has assaulted a staff member, not amounting to a felony.
(c) A superintendent may make an exception for referral for prosecution if unusual circumstances exist.
(d) DDMS proceedings shall be suspended until court actions are completed.
(e) If the ward is convicted of a law violation or adjudicated as a delinquent, a DDMS disposition hearing shall be held within 14 calendar days after the ward is returned from the court or upon receipt of court documents.
(f) If the court finds the ward "not guilty" or if the matter is dismissed, the superintendent may continue DDMS proceedings if the alleged offense was a violation of an institutional rule. A fact finding hearing shall be completed within 24 calendar days from the date of receipt of documents verifying the court findings. This time limit shall also apply if the ward is detained in a non-Youth Authority facility.

Cal. Code Regs. Tit. 9, § 30705

1. Change without regulatory effect renumbering title 15, section 4641 to title 9, section 30705 filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7).

Note: Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.

1. Change without regulatory effect renumbering title 15, section 4641 to title 9, section 30705 filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7).