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2024 California Rules of Court

Rule 5.804. Commitment to secure youth treatment facility

As provided in Welfare and Institutions Code section 875, the following applies if a court orders a youth to a secure youth treatment facility.

(a) Eligibility (§ 875(a))

A youth may be committed to a secure youth treatment facility as defined in section 875 if:

(1)  The youth committed an offense listed in section 707(b) when the youth was 14 years of age or older; and

(2)  The offense is the most recent offense for which the youth has been adjudicated; and

(3)  The court finds on the record that a less restrictive alternative disposition is unsuitable for the youth after considering all relevant and material evidence, including the recommendations of counsel, the probation department, and any other agency or individual designated by the court to advise on the appropriate disposition of the case. To make this finding the court must consider each of the criteria set forth in section 875(a)(3)(A)-(E).

(b) Setting baseline term (§ 875(b))

The court must set a baseline term for the youth as provided in rule 5.806.

(c) Setting the maximum term of confinement (§ 875(c))

The court must set a maximum term of confinement as provided in section 875(c) based on the facts and circumstances of the matter or matters that brought or continued the youth under the jurisdiction of the court and as deemed appropriate to achieve rehabilitation. The court must apply the youth's precommitment credits to the maximum term.

(d) Individualized rehabilitation plan (§ 875(d))

The court must, at the time of the commitment, order the probation department to prepare a proposed individualized rehabilitation plan for the youth as provided by section 875(d). The court must approve a plan for the youth no later than 30 court days after the order of commitment.

(1)  The court must set a hearing to review and approve the plan no later than 30 court days from the date of the commitment order.

(2)  The proposed plan must be filed with the court and a copy of the plan must be provided to the prosecuting attorney, the youth, and counsel for the youth at least 5 calendar days before the hearing.

(e) Setting the progress review hearing (§ 875(e))

The court must set a progress review hearing no later than six months from the date of the commitment order to evaluate the youth's progress in relation to the rehabilitation plan and to determine whether the baseline term of confinement is to be modified.

Rule 5.804 adopted effective July 1, 2023.

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