SECTIONS 1710-1715 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 1710-1715

1710. (a) Commencing July 1, 2005, any reference to the Department
of the Youth Authority in this or any other code refers to the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities.
(b) The Legislature finds and declares the following:
(1) The purpose of the Division of Juvenile Facilities within the
Department of Corrections and Rehabilitation is to protect society
from the consequences of criminal activity by providing for the
secure custody of wards, 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) 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 accountability to victims, and to produce youth who
become law-abiding and productive members of society, consistent with
the purposes set forth in Section 202.
(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.

1711. Commencing July 1, 2005, any reference to the Director of
the Youth Authority shall be to the Chief Deputy Secretary for
Juvenile Justice in the Department of Corrections and Rehabilitation,
unless otherwise expressly provided.

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 him or her by law, in accordance with Section 7.
(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 4.5
(commencing with Section 11371) 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) 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) The following exceptions to the procedures specified in this
section shall apply to the department:
(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) 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.

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) 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) (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) 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) (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) 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) 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.

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) 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.

1713. (a) The Chief Deputy Secretary for 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) 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.

1714. The Secretary of the Department of Corrections and
Rehabilitation may transfer persons confined in one institution or
facility of the Division of Juvenile Facilities to another. Proximity
to family shall be one consideration in placement.

1715. 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.