DJJ Regulations

Notice of Proposed Regulatory Action

Title 15.Department of the Youth Authority

Notice of Proposed Regulatory Action

Notice is Hereby Given that the Department of the Youth Authority (Department) is proposing to adopt Title 15, Division 4, Chapter 3, Subchapter 3, Article 2, sections 4750 and 4750.1, and amend section 4751 within the California Code of Regulations regarding Religious Services to Wards after considering all comments, objections, or recommendations regarding the proposed regulatory action. The Department, upon its own motion or at the instance of any interested party, may thereafter adopt the proposal substantially as described below in the INFORMATIVE DIGEST or may modify the proposal if such modifications are sufficiently related to the original text. With the exception of technical or grammatical changes, the full text of the modified proposal will be made available for 15 days prior to its adoption from the Contact Person and will be mailed to those persons who have submitted written comments or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

Public Hearing
Any interested person may present statements or arguments, orally, or in writing, relevant to the proposed action described in the INFORMATIVE DIGEST at a public hearing to be held:

  • Date: Monday, April 25, 2005
  • Time: 9:00 a.m. to 11:00 a.m.
  • Location: 4241 Williamsbourgh Drive, Room 206, Sacramento, CA 95823
The Department requests, but does not require, that persons who make oral comments at the hearing also submit a written copy of their testimony at the hearing.

Written Comments
Any interested person, or his or her authorized representative, may submit written comments relevant to the proposed regulatory action. Written comments, including those sent by mail, facsimile, or e-mail must be received by the Department at its office no later than 5:00 p.m., on April 25, 2005, or must be received by the Department at the hearing. Submit written comments to:

  • Kymberly Kaslar, Policy & Regulations Analyst
    Department of the Youth Authority
    4241 Williamsbourgh Drive
    Sacramento, CA 95823
  • Fax: (916) 262-2608
  • E-mail: Kkaslar@cya.ca.gov
Authority
Welfare and Institutions Code Section 1712 assigns responsibility to the Department of the Youth Authority to make and enforce all rules appropriate to the proper accomplishment of the functions of the Department.

Reference
This action is proposed to implement, interpret, and/or make specific; Sections 295, 295.1, 296, 296.1, 298, 298.1; Part 1, Title 9, Chapter 6, Articles 1 through 7, Penal Code and Proposition 69, November 2, 2004.

Informative Digest Policy Statement Overview
Existing law, Section 1712 of the Welfare and Institutions Code, assigns responsibility to the Department of the Youth Authority (Department) to make and enforce all rules appropriate to the proper accomplishment of the functions of the Department.

Existing law, stated in Section 295, 295.1, 296, 296.1, 298, 298.1 of the Penal Code (PC), requires that the Department shall obtain deoxyribonucleic acid (DNA) specimens, samples and impressions from wards and parolees in the care and custody of the Department for submission to the Department of Justice (DOJ) DNA and Forensic Identification Database and under Data Bank Act of 1998.

PC Sections 295 and 295.1 identifies the findings and purpose and specifies the Departments responsibility to implement the collections of DNA specimens and impressions sent to the repository located at DOJ.

PC Sections 296 and 296.1 identifies which offender should be subject to collection of DNA specimens, samples and impressions.

PC Section 298 specifies that the DOJ is responsible for providing to the Department the approved DNA collection kit. The DOJ shall provide blood specimen vials, mailing tubes, labels, and instruction for the collection of all blood specimens, saliva samples and impressions. The specimens are then immediately forwarded to the DNA Laboratory of the DOJ. PC Section 298.1 identifies steps to be taken when a ward or parolee refuses or fails to provide specimens and details the punishment to that ward or parolee for the refusal are also identified.

Proposition 69, passed by the People of the State of California, November 2, 2004, specifically requires all wards and parolees under the jurisdiction of the Department after having been convicted of, found guilty of, having pled guilty to or no contest to, or having been found not guilty by reason of insanity for, any felony offense, or whose records indicate a prior conviction for such an offense, or any juvenile who is adjudicated under Section 602 of the Welfare and Institutions Code for committing any felony offense, shall provide all of the following required specimens, to be submitted to DOJ as soon as administratively practicable:

  • (1) One Buccal Swab or Saliva Sample,
  • (2) Two Right Thumb Print Impressions,
  • (3) Full Right and Left Full Palm Print Impressions.
This proposed regulatory action will ensure that the Department is in compliance with the passage of Proposition 69. The Department shall collect biological DNA specimens and impressions, such as blood specimens, buccal swab or saliva samples and thumb and palm print impressions, from all wards and parolees under the jurisdiction of the Department. All wards and parolees shall provide the listed specimens within five working days of arrival at the Department's reception center or intake site. DNA specimens shall also be collected when a ward or parolee is transferred or paroled from another state and accepted into California or when DOJ notifies the Department of an unusable specimen, or if a parolee is returned to custody after any type of release. The DNA specimens shall be collected only by designated medical Departmental personnel and DNA specimens shall be taken in accordance with medical standards. Any ward or parolee who refuses to give any or all of the specimens, samples or impressions, after having received written notice, will be guilty of a separate misdemeanor offense.

Additionally, this regulatory proposal will identify and describe the "use of reasonable force" that an objective, trained and competent correctional employee, will consider necessary, when faced with the refusal by any ward or parolee, to comply with the Departments attempt to obtain the required DNA specimens. Failure by the ward or parolee to comply with the DNA specimen requirements shall be subject to sanctions to the Disciplinary Decision-Making System (DDMS). The refusal is considered misconduct by the ward or parolee and is reportable to the Youth Authority Administrative Committee and Youth Authority Board.

Authority and Reference Citations
Authority cited: Sections 295, 295.1, 296, 296.1, 298, 298.1; Part 1, Title 9, Chapter 6, Articles 1 through 7, Penal Code; Section 1712, Welfare and Institutions Code. Reference: Sections 295, 295.1, 296, 296.1, 298, 298.1; Part 1, Title 9, Chapter 6, Articles 1 through 7, Penal Code and Proposition 69, November 2, 2004.

Assessment Statement
The Department has determined that the proposed regulatory action will not: (1) create nor eliminate jobs within the State of California; (2) create new businesses or eliminate existing businesses within the State of California; or (3) affect the expansion of businesses currently doing business within the State of California.

Effect on Housing Costs
The Department has initially determined that the proposed regulation will have no effect on housing costs.

Local and Mandate/Fiscal Estimates
This regulation will impose a need for funding to support the DNA Fingerprint, Unsolved Crime and Innocent Protection Act and Proposition 69. The estimated costs to the Department to implement the expansion of the DNA Database and Data bank pursuant to Proposition 69 are $563,000. The Department has requested a one-time funding for fiscal year 2005/06 of $433,000 to retroactively collect DNA samples from the Department's wards and parolees, pursuant to Proposition 69. The Department has also requested $92,000 in one-time funding to make necessary changes to the current Offender Based Information Tracking System and Parole's Field Information System (FIS) modification. Additionally, this proposal requests $38,000 in ongoing funding beginning July 1, 2006, for continuing clinic operations associated with implementation of Proposition 69. Our proposed Regulations will not mandate local governments to do anything.

Costs to Any Local Agency or School District for Which Government Code Sections 17500-17630 Requiring Reimbursement:
None

Costs/Savings to State Agencies
None

Costs/Savings in Federal Funding to the State
None

Other Nondiscretionary Costs or Savings Imposed Upon Local Agencies:
None

Impact on Businesses
The Department has made an initial determination that the adoption of the proposed regulations will not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states, because the proposed regulations ensures that the Department is in compliance with Proposition 69, and the collection of DNA specimens from wards or parolees under the care and jurisdiction of the Department and this has no affect on California businesses.

Cost Impacts on Representative Private Persons or Businesses
The Department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Effect on Small Business
The proposed regulatory action will have no affect on small businesses because the proposed regulations pertain to the Departments compliance with Proposition 69 and it's collection of DNA specimens from wards or parolees under the care and jurisdiction of the Department.

Other Matters Prescribed
There are no other matters prescribed by statute that are applicable to the Department or to any specific regulations or class of regulations pursuant to 11346.5(a)(4) of the Government Code pertaining to the proposed regulations of the Department.

Consideration of Alternatives
In accordance with Government Code Section 11346.5(a)(13), the Department must determine that no reasonable alternatives considered by the Department, or that have otherwise been identified and brought to the attention of the Department, would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed action described in this Notice. Any interested person may present statements or arguments in writing relevant to the above determinations on or before the close of the written comment period.

Initial Statement of Reasons and Text of Proposed Regulations
An Initial Statement of Reasons has been prepared and a copy is available upon request from the Contact person named in this notice. A copy of the proposed regulations are available from the Contact person.

Rulemaking File
All the information upon which the proposal is based is contained in the rulemaking file, which is available to the public. Requests for copies, location, or inspection of the rulemaking file should be directed to the Contact Person.

Final Statement of Reasons/Website Access
A copy of the Final Statement of Reason may be obtained from the Contact Person once it has been prepared and made available. All documents pertaining to the regulatory action can also be accessed on the Department's website at: www.cdcr.ca.gov.

Contact Persons
Inquiries and requests for copies or information concerning the action described in this notice may be directed to the Department's contact person, Kymberly Kaslar at (916) 262-1390 or Major Daryl Ballard at (916) 262-1542. If an inquiry is received that the contact person cannot answer, the contact person will refer the inquiry to another person in the Department for a prompt response.