1. (a) One or more juvenile facilities in the county are overcrowded as noted in the most recent annual inspection report prepared by the Department. A juvenile detention facility is deemed to be overcrowded if one or more of the following apply:

   1. (1) The number of minors detained in that facility during calendar year 1986 exceeded the maximum living unit capacity of that facility for fifteen (15) days during any thirty (30) consecutive day period, as provided by Section 4309(b)(3), Title 15, California Administrative Code.
   2. (2) The Director determines that during 1986 the facility would have exceeded the maximum living unit capacity as provided by Section 4217.4(a)(1) of these regulations if minors had not been transferred to a juvenile detention facility in another county.
   3. (3) The Director determines that during 1986 the facility would have exceeded the maximum living unit capacity as provided by Section 4217.4(a)(1) of these regulations if minors had not been transferred to another living unit within the same facility when by doing so, it was necessary to place minors in a living unit which was not appropriate for them due to age, delinquent sophistication, health, or security need.
2. (b) There are significant health and safety deficiencies in one or more juvenile facilities in the county as noted in the most recent annual inspection report prepared by the Department including fire, safety, health or similar reports prepared by specialists.

Counties that currently have juvenile facilities shall meet one or both of the following conditions in order to be eligible:

Note: Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Statutes of 1986, Ch. 1519, Section 9(b).

History

1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).