Code Section Group

Government Code - GOV

TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980]

  ( Title 2 enacted by Stats. 1943, Ch. 134. )

DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15986]

  ( Division 3 added by Stats. 1945, Ch. 111. )

PART 2.5. AGENCIES [12800 - 12896]

  ( Part 2.5 added by Stats. 1961, Ch. 2037. )

CHAPTER 1. Administration [12800 - 12838.14]

  ( Chapter 1 added by Stats. 1961, Ch. 2037. )

ARTICLE 1. Department of Youth and Community Restoration [12820 - 12836]
  ( Article 1 added by Stats. 2019, Ch. 25, Sec. 20. )

12820.
  

(a) It is the intent of the Legislature to remove the Division of Juvenile Justice and the Board of Juvenile Hearings from the Department of Corrections and Rehabilitation and reestablish them as the Department of Youth and Community Restoration under the California Health and Human Services Agency. Commencing July 1, 2019, the Division of Juvenile Justice, in coordination with the California Health and Human Services Agency and the Department of Corrections and Rehabilitation, shall initiate the transfer process, with the transfer completed by July 1, 2020.

(b) Prior to January 1, 2020, the Division of Juvenile Justice shall enter into memoranda of understanding with the California Health and Human Services Agency, its departments and offices, the California Conservation Corps, the California Volunteers, the Department of Corrections and Rehabilitation, the Department of Forestry and Fire Protection, the Office of the Inspector General, and any other state agency, department, or office necessary for the initiation or continuation of services with the Department of Youth and Community Restoration to support continuous operations, conduct training institutes, provide for independent oversight of the Department of Youth and Community Restoration, provide ombudsperson services, effectuate California law, protect public safety, and enhance the delivery of rehabilitative, educational, and mental health services for youth under its care, as well as services for their victims and families.

(Added by Stats. 2019, Ch. 25, Sec. 20. (SB 94) Effective June 27, 2019.)

12821.
  

(a) Commencing on July 1, 2020, the Department of Youth and Community Restoration succeeds to, and is vested with, all the powers, functions, duties, responsibilities, obligations, liabilities, and jurisdiction of the Division of Juvenile Justice, which shall no longer exist after that date. For purposes of this article, the Division of Juvenile Justice is referred to as the “predecessor entity.”

(b) Unless the context clearly requires otherwise, any reference to the Division of Juvenile Facilities, Division of Juvenile Justice, or Department of the Youth Authority in any statute, regulation, or contract, or in any other code, with respect to any of the functions transferred to the department pursuant to this section, is a reference to the Department of Youth and Community Restoration.

(Added by Stats. 2019, Ch. 25, Sec. 20. (SB 94) Effective June 27, 2019.)

12822.
  

Commencing on July 1, 2020, the Board of Juvenile Hearings is continued in existence within the Department of Youth and Community Restoration and retains existing functions, powers, responsibilities, and jurisdiction, except as expressly provided otherwise. For purposes of this article, the Board of Juvenile Hearings is referred to as a “continuing entity.”

(Added by Stats. 2019, Ch. 25, Sec. 20. (SB 94) Effective June 27, 2019.)

12823.
  

(a) The Department of Youth and Community Restoration is under the control of the Director of the Department of Youth and Community Restoration. The Governor shall appoint the director and a chief deputy director, and these appointees shall hold office at the pleasure of the Governor. The appointment of the director is subject to confirmation by the Senate.

(b) Except as otherwise provided by this article or any other law, the department and the director have all of the duties, powers, and responsibilities applicable to state departments and heads of departments under Chapter 2 (commencing with Section 11150) of Part 1.

(c) The director shall be solely responsible for selecting persons for career executive assignment positions and other noncivil service managers for the department.

(d) Without limiting any other powers or duties, the director shall ensure compliance with the terms of any state plans, memoranda of understanding, administrative orders, interagency agreements, assurances, single state agency obligations, federal statutes and regulations, and any other form of agreement or obligation that vital government activities rely upon or are a condition to the continued receipt by the department of state or federal funds or services. This includes, but is not limited to, the designation, appointment, and provision of individuals, groups, and resources to fulfill specific obligations of any entity that is abolished pursuant to Section 12821.

(Added by Stats. 2019, Ch. 25, Sec. 20. (SB 94) Effective June 27, 2019.)

12824.
  

On or before October 1, 2019, the Secretary of California Health and Human Services shall convene a committee of the California Child Welfare Council to provide input and recommendations related to the Department of Youth and Community Restoration’s policies and programs that promote a commitment to improving youth outcomes, reducing youth detention, and reducing recidivism. The committee shall be comprised of individuals, including, but not limited to, those with experience in trauma-responsive and therapeutic care of youth, youth justice advocates, youth and family members who have had direct experience with the juvenile justice system, and county probation department representatives. The Department of Youth and Community Restoration shall report as part of the budget process regarding the committee’s input and recommendations until 2025.

(Added by Stats. 2019, Ch. 25, Sec. 20. (SB 94) Effective June 27, 2019.)

12825.
  

All regulations adopted by the predecessor entity, continuing entity, and any of their predecessors are expressly continued in force. Any statute, law, rule, or regulation in force on the effective date of this article, or that may hereafter be enacted or adopted with reference to the predecessor entities and any of their predecessors, shall mean the Department of Youth and Community Restoration. Any action concerning these duties, responsibilities, obligations, liabilities, and functions shall not abate but shall continue in the name of the Department of Youth and Community Restoration, and the department shall be substituted for the predecessor entities and continuing entities by the court in which the action is pending. The substitution does not affect the rights of the parties to the action.

(Added by Stats. 2019, Ch. 25, Sec. 20. (SB 94) Effective June 27, 2019.)

12826.
  

A contract, lease, license, state or federal grant, memorandum of understanding, or any other agreement to which the predecessor entity, continuing entity, and any of their predecessors are a party is not void or voidable by reason of the act that added this section, but are continued in full force and effect, with the Department of Youth and Community Restoration assuming all of the rights, obligations, and duties of the predecessor entities. The assumption by the department does not in any way affect the rights of the parties to the contract, lease, license, state or federal grant, memorandum of understanding, or agreement.

(Added by Stats. 2019, Ch. 25, Sec. 20. (SB 94) Effective June 27, 2019.)

12827.
  

On and after July 1, 2020, the balance of all money available for expenditure by the predecessor entity, continuing entity, and any of their predecessors in carrying out any functions transferred to the Department of Youth and Community Restoration by the act that added this section is available for the support and maintenance of the department. All books, documents, records, and property of the predecessor entity shall be transferred to the department.

(Added by Stats. 2019, Ch. 25, Sec. 20. (SB 94) Effective June 27, 2019.)

12828.
  

On and after July 1, 2020, positions filled by appointment by the Governor in the predecessor entity or continuing entity shall be transferred to the Department of Youth and Community Restoration. Individuals in positions transferred pursuant to this section who have been previously confirmed by the Senate shall not be required to undergo a new confirmation as a result of this transfer. Individuals in positions transferred pursuant to this section shall serve at the pleasure of the Governor, unless as otherwise expressly stated. Titles of positions transferred pursuant to this section shall be determined by the Director of the Department of Youth and Community Restoration with the approval of the Governor. Salaries of positions transferred shall remain at the level established pursuant to law on June 30, 2020.

(Added by Stats. 2019, Ch. 25, Sec. 20. (SB 94) Effective June 27, 2019.)

12829.
  

(a) Any officer or employee of the predecessor entity who is serving in the state civil service, including an excluded employee or temporary employee, shall be transferred to the Department of Youth and Community Restoration pursuant to the provisions of Section 19050.9.

(b) Any officer or employee of the continuing entity who is serving in the state civil service, including an excluded employee or temporary employee, shall continue that status with the continuing entity pursuant to the provisions of Section 19050.9.

(c) The status, position, and rights of any officer or employee of the predecessor or continuing entities shall not be affected by the transfer and shall be retained by the person as an officer or employee of the Department of Youth and Community Restoration, as the case may be, pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5), except as to a position that is exempt from civil service. The personnel records of all transferred employees shall be transferred to the department.

(Added by Stats. 2019, Ch. 25, Sec. 20. (SB 94) Effective June 27, 2019.)

12830.
  

The establishment of the Department of Youth and Community Restoration within the California Health and Human Services Agency does not diminish, abrogate, or adversely affect the availability of rehabilitative services, employment, or workforce development opportunities for individuals subject to the jurisdiction of the predecessor entity in existence on June 30, 2019, and provided, in whole or in part, by or through any of the following:

(a) The Prison Industry Authority, pursuant to Article 1 (commencing with Section 2800) of Chapter 6 of Title 1 of Part 3 of the Penal Code.

(b) The Department of Forestry and Fire Protection and forestry camps, pursuant to Article 5 (commencing with Section 2780) of Chapter 5 of Title 1 of Part 3 of the Penal Code.

(c) Joint venture programs, pursuant to Article 1.5 (commencing with Section 2717.1) of Chapter 5 of Title 1 of Part 3 of the Penal Code.

(Added by Stats. 2019, Ch. 25, Sec. 20. (SB 94) Effective June 27, 2019.)

12831.
  

(a) Commencing on July 1, 2020, the Department of Youth and Community Restoration and the Prison Industry Authority may enter into agreements for the creation and maintenance of work programs, rehabilitative services, and workforce development opportunities for the benefit of individuals subject to the jurisdiction of the department and consistent with the purposes set forth in Section 2801 of the Penal Code. Pursuant to Section 12825, rehabilitative programs and services in existence on June 30, 2019, that are provided by the Prison Industry Authority to the predecessor entity are expressly continued with the department. An agreement to which the predecessor entity and the Prison Industry Authority are a party is not void or voidable by reason of the act that added this section, but is continued in full force and effect, with the department assuming all of the rights, obligations, and duties of the predecessor entity. This assumption by the department does not affect the rights of the parties to the contract, lease, license, or agreement.

(b) If any of the shops or buildings in which individuals subject to the jurisdiction of the Department of Youth and Community Restoration are employed require rebuilding or repair for any reason, they may be rebuilt or repaired immediately, under the direction of the Prison Industry Authority.

(Added by Stats. 2019, Ch. 25, Sec. 20. (SB 94) Effective June 27, 2019.)

12832.
  

Commencing on July 1, 2020, the Department of Youth and Community Restoration and the Department of Forestry and Fire Prevention may enter into agreements for the creation and maintenance of work programs, rehabilitative services, and workforce development opportunities for the benefit of individuals subject to the jurisdiction of the department. Pursuant to Section 12825, rehabilitative programs and services in existence on June 30, 2019, that are provided in whole or in part through the Department of Forestry and Fire Protection to the predecessor entity are expressly continued with the Department of Youth and Community Restoration. An agreement to which the predecessor entity and the Department of Forestry and Fire Prevention are a party is not void or voidable by reason of the act that added this section, but is continued in full force and effect, with the Department of Youth and Community Restoration assuming all of the rights, obligations, and duties of the predecessor entity. This assumption by the department does not affect the rights of the parties to the contract, lease, license, or agreement.

(Added by Stats. 2019, Ch. 25, Sec. 20. (SB 94) Effective June 27, 2019.)

12833.
  

(a) The Department of Youth and Community Restoration may adopt regulations as necessary or appropriate to carry out the purposes of this article.

(b) Chapter 3.5 (commencing with Section 11340) of Part 1 does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the department.

(c) Until January 1, 2021, the adoption and readoption of emergency regulations to carry out the department’s duties, powers, and responsibilities as needed for institutional safety and security, the health and welfare of those subject to the jurisdiction of the Department of Youth and Community Restoration, or to effectuate the purpose of Section 12820, shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6, and the department is hereby exempted from the requirement that it describe facts showing the need for immediate action and from review of the emergency regulations by the Office of Administrative Law.

(d) Emergency adoption, amendment, or repeal of a regulation by the director shall be conducted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1, except with respect to the following:

(1) Notwithstanding subdivision (e) of Section 11346.1, the initial effective period for an emergency adoption, amendment, or repeal of a regulation shall be 160 days.

(2) Notwithstanding subdivision (b) of Section 11346.1, a showing of emergency is not necessary in order to adopt, amend, or repeal an emergency regulation if the director instead certifies, in a written statement filed with the Office of Administrative Law, that operational needs of the department require adoption, amendment, or repeal of the regulation on an emergency basis. The written statement shall include a description of the underlying facts and an explanation of the operational need to use the emergency rulemaking procedure. This paragraph provides an alternative to filing a statement of emergency pursuant to subdivision (b) of Section 11346.1. It does not preclude filing a statement of emergency. This paragraph only applies to the initial adoption and one readoption of an emergency regulation.

(3) Notwithstanding subdivision (b) of Section 11349.6, the adoption, amendment, or repeal of a regulation pursuant to paragraph (2) shall be reviewed by the Office of Administrative Law within 20 calendar days after its submission. In conducting its review, the Office of Administrative Law shall accept and consider public comments for the first 10 calendar days of the review period. Copies of any comments received by the Office of Administrative Law shall be provided to the department.

(4) Regulations adopted pursuant to paragraph (2) are not subject to the requirements of paragraph (2) of subdivision (a) of Section 11346.1.

(e) It is the intent of the Legislature, in authorizing the deviations in this section from the requirements and procedures of Chapter 3.5 (commencing with Section 11340) of Part 1, to authorize the department to expedite the exercise of its power to implement regulations as its unique operational circumstances require.

(Added by Stats. 2019, Ch. 25, Sec. 20. (SB 94) Effective June 27, 2019.)

12834.
  

(a) For the purposes of this section, “pilot program” means a program implemented on a temporary and limited basis in order to test and evaluate the effectiveness of the program, develop new techniques, or gather information.

(b) The adoption, amendment, or repeal of a regulation by the director to implement a legislatively mandated or authorized pilot program or a departmentally authorized pilot program is exempt from Chapter 3.5 (commencing with Section 11340) of Part 1, if the following conditions are met:

(1) The director certifies in writing that the regulations apply to a pilot program that qualifies for exemption under this section. The certification shall include a description of the pilot program and of the methods the department will use to evaluate the results of the pilot program.

(2) The certification and regulations are filed with the Office of Administrative Law and the regulations are made available to the public by publication pursuant to subparagraph (F) of paragraph (3) of subdivision (b) of Section 6 of Title 1 of the California Code of Regulations.

(3) An estimate of fiscal impact is completed pursuant to Sections 6615 and 6616 of the State Administrative Manual.

(c) The adoption, amendment, or repeal of a regulation pursuant to this section becomes effective immediately upon filing with the Secretary of State.

(d) A regulation adopted pursuant to this section is repealed by operation of law, and the amendment or repeal of a regulation pursuant to this section is reversed by operation of law, two years after the commencement of the pilot program being implemented, unless the adoption, amendment, or repeal of the regulation is promulgated by the director pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1. For the purpose of this subdivision, a pilot program commences on the date the first regulatory change implementing the program is filed with the Secretary of State.

(Added by Stats. 2019, Ch. 25, Sec. 20. (SB 94) Effective June 27, 2019.)

12835.
  

Individuals convicted and sentenced by a superior court who are housed at the Department of Youth and Community Restoration pursuant to subdivision (c) of Section 1731.5 or Section 1731.7 of the Welfare and Institutions Code continue to be eligible for parole consideration and the award of credits pursuant to Section 32 of Article I of the California Constitution and shall continue to have the rights and privileges to parole consideration and credit earning pursuant to Sections 2449.1 to 2449.7, inclusive, Sections 3043 to 3043.6, inclusive, and Sections 3490 to 3493, inclusive, of Title 15 of the California Code of Regulations, as may be amended. The Board of Parole Hearings is entitled to access of all records necessary to determine whether a nonviolent offender housed within the Department of Youth and Community Restoration will be released. The department may adopt regulations in furtherance of the administration of this section.

(Added by Stats. 2019, Ch. 25, Sec. 20. (SB 94) Effective June 27, 2019.)

12836.
  

(a) The Legislature finds and declares that sound applicant selection and training are essential to public safety, rehabilitation, and carrying out the mission and purpose of the Department of Youth and Community Restoration. It is through sound screening criteria and an effective training curriculum that are evidence-based and reflective of national best practices that the department will fulfill its rehabilitative mission, support staff’s ability to demonstrate knowledge of positive youth development, and provide for safe operations consistent with the mission and purpose of the Department of Youth and Community Restoration.

(b) All staff employed at the Department of Youth and Community Restoration are responsible for supporting and fulfilling the mission and strategies specified in Section 1710 of the Welfare and Institutions Code.

(c) Employees of the Department of Youth and Community Restoration, including peace officers at the department, shall fulfill responsibilities that require the creation and application of sound selection criteria for applicants and standards for their training prior to assuming their duties.

(d) Consistent with subdivision (e), the Department of Youth and Community Restoration shall develop and monitor standards for the training of both peace officer and nonpeace officer employees. All peace officer employees at the department shall additionally receive training developed, approved, and monitored by the Commission on Correctional Peace Officer Standards and Training consistent with Sections 13600, 13601, 13602, 13602.1, and 13603 of the Penal Code.

(e) When developing, approving, and monitoring the standards for training, the Department of Youth and Community Restoration shall include training in the areas of mental health, adolescent development, positive youth development, effects of trauma, theory and history of juvenile justice, and national best practices from knowledgeable experts in the treatment of juvenile offenders.

(f) Staff shall complete the appropriate course of training, pursuant to standards approved by the Department of Youth and Community Restoration, before they may be assigned to a post or job. Every newly appointed first-line or second-line supervisor in the department shall complete the course of training, pursuant to standards approved by the department for that position.

(g) Consistent with this section, the Department of Youth and Community Restoration shall operate the training center in the City of Stockton, which shall be independent of the Department of Corrections and Rehabilitation. The Department of Youth and Community Restoration may establish a training institute for peace officers employed by the Department of Youth and Community Restoration, and for the delivery of other training and instruction developed for employees pursuant to this section.

(Added by Stats. 2019, Ch. 25, Sec. 20. (SB 94) Effective June 27, 2019.)

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