§ 2905. — 2905. (Amended by Stats. 2021, Ch. 434, Sec. 13.)

California § 2905.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 1.
• Part 3.: TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS
• Ch. 7.: CHAPTER 7. Execution of Sentences of Imprisonment
• Art. 1.: ARTICLE 1. Commencement of Term

Text

(a)
For purposes of this section, a “youth offender” is an individual committed to the Department of Corrections and Rehabilitation who is under 22 years of age.
(b)
(1)
The department shall, at reception, automatically grant a youth offender a lower security level than the level that corresponds with that individual’s classification score or placement in a facility that permits increased access to programs, except for a youth offender who has committed a serious in-custody offense, who shall be reviewed by a classification committee. The youth offender classification committee shall consist of the staff required by department regulations at any classification
committee; however, at least one member shall be a department staff member specially trained in conducting the reviews. Training shall include, but not be limited to, adolescent and young adult development and evidence-based interviewing processes employing positive and motivational techniques.
(2)
The purpose of the youth offender review is to meet with the youth offender and assess the readiness of a youth offender for a lower security level or placement permitting increased access to programs and to encourage the youth offender to commit to positive change and self-improvement.
(c)
A youth offender shall be considered for placement at a lower security level than the level that corresponds with their classification score or placement in a facility that permits increased access
to programs. When a classification committee is appropriate, it shall review factors including, but not limited to, the following:
(1)
Recent in-custody behavior while housed in juvenile or adult facilities.
(2)
Demonstrated efforts of progress toward self-improvement in juvenile or adult facilities.
(3)
Family or community ties supportive of rehabilitation.
(4)
Evidence of commitment to working toward self-improvement with a goal of being a law-abiding member of society upon release.
(d)
For a youth offender requiring review by classification committee, if the department determines, based on the review described
in subdivisions (b) and (c), that the youth offender may be appropriately placed at a lower security level, the department shall transfer the youth offender to a lower security level facility. If the youth offender is denied a lower security level, then they shall be considered for placement in a facility that permits increased access to programs. If the department determines a youth offender may appropriately be placed in a facility permitting increased access to programs, the youth offender shall be transferred to such a facility.
(e)
For a youth offender requiring review by classification committee, if the youth offender demonstrates they are a safety risk to inmates, staff, or the public, and do not otherwise demonstrate a commitment to rehabilitation, the youth offender
shall be reclassified and placed at a security level that is consistent with department regulations and procedures.
(f)
A youth offender who at their initial youth offender classification committee review is denied a lower security level than the level that corresponds with their placement score or did not qualify for a placement permitting increased access to programs due to previous incarceration history and was placed in the highest security level shall nevertheless be eligible to have their placement reconsidered pursuant to subdivisions (b) to (d), inclusive, at their annual review until reaching 25 years of age. If at an annual review it is determined that the youth offender has had no serious rule violations for one year, the department shall consider whether the youth would benefit from placement in a lower level
facility or
placement permitting increased access to programs.
(g)
The department shall review and, as necessary, revise existing regulations and adopt new regulations regarding classification determinations made pursuant to this section, and provide for training for staff.
(h)
This section shall become operative on July 1, 2015.

Legislative History

Amended by Stats. 2021, Ch. 434, Sec. 13. (SB 827) Effective January 1, 2022.