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.
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:
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 August 30, 2004, or must be received by the Department at the hearing. Submit written comments to:
This action is proposed to implement, interpret, and/or make specific Sections 1004, 1705, and 1752, Welfare and Institutions Code; Section 4, Article I, California Constitution; and Bill of Rights, Amendment I, United States Constitution.
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. State and federal constitutions grant the right of freedom of religion to all. Existing law, section 1705 of the Welfare and Institutions Code, states that it is the intention of the Legislature that all persons in the custody of an institution under the supervision of the Department of the Youth Authority shall be afforded reasonable opportunities to exercise religious freedom. Regulations are needed in order for the Department to comply with these state and federal constitutional and statutory mandates. The proposed regulations are required to ensure that the Department allows wards the reasonable opportunity to participate in religious services and programs as well as be afforded the reasonable opportunity to exercise religious freedom without discrimination or preference unless such is inconsistent with the safety and/or security of the facility or promotes violence or illegal acts.
The Department has determined that the proposed regulations will not: (1) create nor eliminate jobs within California; (2) create new businesses or eliminate existing businesses within California; or (3) affect the expansion of businesses currently doing business within California.
Effect on Housing Costs
The Department has initially determined that the proposed regulations will have no affect on housing costs.
Local and Mandate/Fiscal Estimates
The proposed regulatory action does not: (1) impose a mandate on any local agency or school district, (2) impose costs to any local agency or school district for which reimbursement is required pursuant to Part 7 (commencing with section 17500 of Division 4 of the Government Code); (3) involve any increased costs to the Department of the Youth Authority or any costs or savings to any other state agency; (4) involve other non-discretionary costs or savings imposed on local agencies; (5) involve any costs or savings in federal funding to the state.
Impact on Businesses
The Department has made an initial determination that 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 California businesses are not affected by the management of the Department of the Youth Authority facilities.
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 only to ward access to religious services and programs within the Department's facilities.
Other Matters Prescribed
No other matters are prescribed by statute applicable to the Department of the Youth Authority 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 of the Youth Authority.
Consideration of Alternatives
In accordance with Government Code Section 11346.5(a)(13), the Department must determine that no reasonable alternative considered by the Department, or that has 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 regulation, in Strikeout / Underline format is available upon request from the Contact Person.
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 Reasons 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.
Inquiries and requests for copies or information concerning the action described in this notice may be directed to the Department's contact person, Catherine Sorenson, Regulations Coordinator, at (916) 262-3178, or the designated backup contact person, Lisa Lester, at (916) 262-1550. 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.