1. (a) Youth committed from a juvenile court will be accepted if they can be materially benefited, provided that necessary facilities, programs, staff and rehabilitative services are available.

2. (b) Determinations of material benefit will be based on one or both the following standards:

   1. (1) A youth will be materially benefited when there is reasonable possibility that the likelihood to commit delinquent behavior can be significantly reduced or eliminated within the confinement time and jurisdiction time available. Factors to be considered under this subsection include:

      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-inpatient 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 behavior.
         4. 4. Whether the youth has demonstrated willingness to participate in programs designed to result in correction of unacceptable behavior.

   2. (2) A youth will be materially benefited and the public protected when incapacitation is needed to shield the public and such youth from further delinquent behavior. Factors to be considered under this subsection include:

      1. (A) The incidence of delinquent behavior.
      2. (B) History of close association with nonlaw-abiding youth.
      3. (C) Emotional stability.
      4. (D) Apparent motivation to commit further crimes, for example, revenge, etc.
      5. (E) Family associations that do not support law-abiding behavior.

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

History

1. Change without regulatory effect renumbering title 15, section 4171 to title 9, section 31321 filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7).