Existing law authorizes a person confined in a state correctional school to be cared for and treated in a state hospital or developmental center if the Chief Deputy Secretary for the Division of Juvenile Justice certifies that, in their opinion, the rehabilitation of the person may be expedited by treatment at one of the state hospitals or developmental centers. Under existing law, the Division of Juvenile Justice closed on June 30, 2023, and youth in the custody of the Division of Juvenile Justice were transferred to local custody.

This bill would update that provision to reflect the realignment of youth custody from the state to local entities by making it applicable to youth confined in a secure youth treatment facility and upon certification of the county probation department, in consultation with the facility’s behavioral health director.

Existing law authorizes a court to order a ward who is 14 years of age or older, and who meets certain criteria, to be committed to a secure youth treatment facility, operated by the county of commitment, for a period of confinement. Existing law authorizes the court, upon a motion from the probation department or the ward, to order that the ward be transferred from a secure youth treatment facility to a less restrictive program, such as a halfway house, a camp or ranch, or a community residential or nonresidential service program if the court determines that the ward has made substantial progress toward the goals of the individual rehabilitation plan. Existing law requires the court to consider the recommendations of the probation department on the proposed change in the placement.

This bill would prohibit the court from ordering a ward to be transferred to a less restrictive program unless court determines that the specific less restrictive program satisfies certain requirements, including, among others, that the program provides evidence that it adheres to wards’ case plans, or that the program is exempt from meeting these requirements because it is already subject to oversight by the state or is the home of the ward’s parent or supportive relative, as specified.