1. (a) Capacity. Does the youth have the capacity to change? Considerations in making this determination include:

   1. (1) The youth's psychiatric condition.
   2. (2) The youth's ability to communicate.
   3. (3) Mental Retardation.
   4. (4) The need for long-term in-patient level of care.

2. (b) Tractability. Is the youth's delinquent behavior so firmly established that there is little likelihood that it can be changed by commitment to the Division of Juvenile Justice? Considerations in making this determination include:

   1. (1) The youth's history of criminal/delinquent behavior.
   2. (2) The youth's degree of criminal sophistication.
   3. (3) The success of prior efforts to help the youth change their behavior.
   4. (4) Whether the youth has demonstrated willingness to participate in programs designed to result in correction of unacceptable behavior.

A youth will be materially benefited when there is a reasonable possibility that the youth's likelihood to commit criminal behavior can be significantly reduced or eliminated within the confinement time and jurisdiction time available. Factors to be considered include:

Note: Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 736, 1731.5 and 1741, Welfare and Institutions Code.

History

1. Change without regulatory effect adopting article 2 (sections 31305-31310) and renumbering title 15, section 4168 to title 9, section 31305 filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7).