SECTIONS 1000-1020 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 1000-1020

1000. Commencing July 1, 2005, any reference to the Department of
the Youth Authority refers to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, which has
jurisdiction over all educational training and treatment institutions
now or hereafter established and maintained in the state as
correctional schools for the reception of wards of the juvenile court
and other persons committed to the department.

1000.1. In order to provide counties with alternative placement
options, the Department of the Youth Authority is authorized to
establish, maintain, or facilitate the development of regional
centers, which may be available on a contract basis to counties for
the placement of wards. The regional centers, depending on the
services needed, may provide, but are not limited to, the following:
mental health programs, short-term incarceration and treatment
services, and boot camp programs. This section shall not be
interpreted to prohibit counties from jointly developing regional
centers.

1000.5. Where in any law of this State the name "Whittier State
School" appears it shall hereafter be understood to mean and shall be
construed to refer to Fred C. Nelles School for Boys.

1000.7. As used in this chapter, "Youth Authority," "authority,"
and "the authority" mean and refer to the Department of the Youth
Authority, and "board" means and refers to the Youth Authority Board.

1001. The general government and supervision of each such
institution is vested in the Youth Authority.

1001.5. (a) Except when authorized by law, or when authorized by
the person in charge of an institution or camp administered by the
Youth Authority, or by an officer of the institution or camp
empowered by the person in charge of the institution or camp to give
that authorization, any person who knowingly brings or sends into, or
who knowingly assists in bringing into, or sending into, any
institution or camp, or the grounds belonging to any institution or
camp, administered by the Youth Authority, or any person who, while
confined in the institution or camp knowingly possesses therein, any
controlled substance, the possession of which is prohibited by
Division 10 (commencing with Section 11000) of the Health and Safety
Code; any alcoholic beverage; any firearm, weapon or explosive of any
kind; or any tear gas or tear gas weapon shall be punished by
imprisonment in a county jail for not more than one year or by
imprisonment in the state prison.
(b) Except as otherwise authorized in the manner provided in
subdivision (a), any person who knowingly uses tear gas or uses a
tear gas weapon in any institution or camp specified in subdivision
(a) is guilty of a felony.
(c) This section shall not be construed to preclude or in any way
limit the applicability of any other law proscribing a course of
conduct also proscribed by this section.

1001.7. Every person who, having been previously convicted of a
felony and confined in any state prison in this state, without the
consent of the officer in charge of any California Youth Authority
institution comes upon the grounds of any such institution, or lands
belonging or adjacent thereto, in the nighttime, and who refuses or
fails to leave upon being requested to do so by an employee of the
institution, is guilty of a misdemeanor.

1002. The Youth Authority may do all lawful acts which it deems
necessary to effectuate the purposes for which such schools are
established, and to promote the well-being, education and reformation
of the inmates thereof; but the authority shall not incur any
indebtedness in excess of the moneys appropriated or otherwise made
available for the use of such schools.

1003. The authority shall have charge of the land, buildings,
apparatus, tools, stock, provisions and other property belonging to
each such institution.

1004. The authority shall have charge of the persons committed to
or confined in each such institution, and shall provide for their
care, supervision, education, training, employment, discipline, and
government. It shall exercise its powers toward the correction of
their faults, the development of their characters, and the promotion
of their welfare.

1006. The land purchased for the site of Preston School of Industry
shall be used exclusively for the occupancy and purposes of the
school.

1008. The Youth Authority shall cooperate with the United States
Bureau of Immigration in arranging for the deportation of all aliens
who are committed to it.

1009. The Department of the Youth Authority may order the return of
nonresident persons committed to the department or confined in
institutions or facilities subject to the jurisdiction of the
department to the states in which they have legal residence. Whenever
any public officer, other than an officer or employee of the
department, receives from any private source any moneys to defray the
cost of that transportation, he or she shall immediately transmit
the moneys to the department. All moneys, together with any moneys
received directly by the department from private sources for
transportation of nonresidents, shall be deposited by the department
in the State Treasury, in augmentation of the current appropriation
for the support of the department.

1009.1. When, pursuant to Section 1009, money is received by the
Department of the Youth Authority from private sources to defray the
cost of transportation for the return of a nonresident committed to
it and the nonresident is not returned or the money received exceeds
the cost of such transportation, the department shall refund to such
private sources such money or such excess money, as the case may be.

1009.2. The fiscal officer of the Department of the Youth Authority
shall make payment of any refund pursuant to Section 1009.1 if the
Director of the Youth Authority prepares a voucher which sets forth
the facts which pertain to the refund and authorizes its payment.

1009.3. If any money which is to be refunded has been deposited in
the State Treasury, the State Controller, upon receipt of a claim
which is filed by the Department of the Youth Authority, shall draw
his warrant for the payment of the refund from the fund to which the
money was credited.

1009.4. If the Director of the Youth Authority finds that the
amount of any refund is less than three dollars ($3), he may retain
such amount, unless demand for the payment of such refund is made
within six months after the determination that a refund is due. If
such demand is made, the refund shall be paid.

1010. In determining residence for purposes of transportation, a
person who has lived continuously in this State for a period of one
year and who has not acquired a residence in another State by living
continuously therein for at least one year subsequent to his
residence in this State shall be deemed to be a resident of this
State. Time spent in a public institution or on parole therefrom
shall not be counted in determining the matter of residence in this
or another State. In determining the residence of a ward of the
juvenile court committed to the Youth Authority or confined in any
institution under its jurisdiction, due consideration shall be given
to the residence of the parents of such ward, and if either one or
both parents of the ward are residents of this State the ward shall
also be deemed a resident of this State.

1011. All expenses incurred in returning these persons to other
states shall be paid by this state, but the expense of returning
residents of this state shall be borne by the states making the
returns.
The cost and expense incurred in effecting the transportation of
these persons shall be paid from the funds appropriated for that
purpose, or, if necessary, from the money appropriated for the care
of these persons.

1015. Whenever any person confined in any state institution subject
to the jurisdiction of the Youth Authority dies, and any personal
funds or property of such person remains in the hands of the Director
of the Youth Authority, and no demand is made upon said director by
the owner of the funds or property or his legally appointed
representative, all money and other personal property of such
decedent remaining in the custody or possession of the Director of
the Youth Authority shall be held by him for a period of one year
from the date of death of the decedent, for the benefit of the heirs,
legatees, or successors in interest of such decedent.
Upon the expiration of said one-year period, any money remaining
unclaimed in the custody or possession of the director shall be
delivered by him to the State Treasurer for deposit in the Unclaimed
Property Fund under the provisions of Article 1 of Chapter 6 of Title
10 of Part 3 of the Code of Civil Procedure.
Upon the expiration of said one-year period, all personal property
and documents of the decedent, other than cash, remaining unclaimed
in the custody or possession of the director shall be disposed of as
follows:
(a) All deeds, contracts or assignments shall be filed by the
director with the public administrator of the county of commitment of
the decedent;
(b) All other personal property shall be sold by the director at
public auction, or upon a sealed-bid basis, and the proceeds of the
sale delivered by him to the State Treasurer in the same manner as is
herein provided with respect to unclaimed money of the decedent. If
he deems it expedient to do so, the director may accumulate the
property of several decedents and sell the property in such lots as
he may determine, provided that he makes a determination as to each
decedent's share of the proceeds;
(c) If any personal property of the decedent is not salable at
public auction, or upon a sealed-bid basis, or if it has no intrinsic
value, or if its value is not sufficient to justify the deposit of
such property in the State Treasury, the director may order it
destroyed;
(d) All other unclaimed personal property of the decedent not
disposed of as provided in paragraphs (a), (b), or (c) hereof, shall
be delivered by the director to the State Controller for deposit in
the State Treasury under the provisions of Article 1 of Chapter 6 of
Title 10 of Part 3 of the Code of Civil Procedure.

1016. (a) Whenever a person confined in a state institution subject
to the jurisdiction of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, escapes, or is
discharged or paroled from the institution, and any personal funds or
property of that person remains in the hands of the Chief Deputy
Secretary for Juvenile Justice in the Department of Corrections and
Rehabilitation, and no demand is made upon the chief deputy secretary
by the owner of the funds or property or his or her legally
appointed representative, all money and other intangible personal
property of that person, other than deeds, contracts, or assignments,
remaining in the custody or possession of the chief deputy secretary
shall be held by him or her for a period of three years from the
date of that escape, discharge, or parole, for the benefit of the
person or his or her successors in interest. However, unclaimed
personal funds or property of paroled minors may be exempted from the
provisions of this section during the period of their minority and
for a period of one year thereafter, at the discretion of the chief
deputy secretary.
(b) Upon the expiration of this three-year period, any money and
other intangible personal property, other than deeds, contracts or
assignments, remaining unclaimed in the custody or possession of the
chief deputy secretary shall be subject to the provisions of Chapter
7 of Title 10 of Part 3 of the Code of Civil Procedure.
(c) Upon the expiration of one year from the date of the escape,
discharge, or parole:
(1) All deeds, contracts, or assignments shall be filed by the
chief deputy secretary with the public administrator of the county of
commitment of that person.
(2) All tangible personal property other than money, remaining
unclaimed in his or her custody or possession, shall be sold by the
chief deputy secretary at public auction, or upon a sealed-bid basis,
and the proceeds of the sale shall be held by him or her subject to
the provisions of Section 1752.8 of this code, and subject to the
provisions of Chapter 7 of Title 10 of Part 3 of the Code of Civil
Procedure. If he or she deems it expedient to do so, the chief deputy
secretary may accumulate the property of several inmates and may
sell the property in lots as he or she may determine, provided that
he or she makes a determination as to each inmate's share of the
proceeds.
(d) If any tangible personal property covered by this section is
not salable at public auction or upon a sealed-bid basis, or if it
has no intrinsic value, or if its value is not sufficient to justify
its retention by the chief deputy secretary to be offered for sale at
public auction or upon a sealed-bid basis at a later date, the chief
deputy secretary may order it destroyed.

1017. Before any money or other personal property or documents are
delivered to the State Treasurer, State Controller, or public
administrator, or sold at auction or upon a sealed-bid basis, or
destroyed, under the provisions of Section 1015, and before any
personal property or documents are delivered to the public
administrator, or sold at auction or upon a sealed-bid basis, or
destroyed, under the provisions of Section 1016, of this code, notice
of said intended disposition shall be posted at least 30 days prior
to the disposition, in a public place at the institution where the
disposition is to be made, and a copy of such notice shall be mailed
to the last known address of the owner or deceased owner, at least 30
days prior to such disposition. The notice prescribed by this
section need not specifically describe each item of property to be
disposed of.

1018. At the time of delivering any money or other personal
property to the State Treasurer or State Controller under the
provisions of Section 1015 or of Chapter 7 of Title 10 of Part 3 of
the Code of Civil Procedure, the director shall deliver to the State
Controller a schedule setting forth a statement and description of
all money and other personal property delivered, and the name and
last known address of the owner or deceased owner.

1019. When any personal property has been destroyed as provided in
Section 1015 or 1016, no suit shall thereafter be maintained by any
person against the State or any officer thereof for or on account of
such property.

1020. Notwithstanding any other provision of law, the provisions of
Sections 1015 and 1016 shall apply (1) to all money and other
personal property delivered to the State Treasurer or State
Controller prior to the effective date of said sections, which would
have been subject to the provisions thereof if they had been in
effect on the date of such delivery; and (2) to all money and
personal property delivered to the State Treasurer or State
Controller prior to the effective date of the 1961 amendments to said
sections, as said provisions would have applied on the date of such
delivery if, on said date of delivery, the provisions of Chapter
1809, Statutes of 1959, had not been in effect.