CSAC Bulletin Article

Executive Order on Division of Juvenile Justice Discharge & Reentry Process

April 16, 2020

Tuesday, April 14, Governor Newsom signed a new Executive Order related to the discharge and reentry of juvenile offenders from the state Division of Juvenile Justice (DJJ). The order shortens from 60 days to 30 days the notification period for a scheduled discharge consideration hearing given to the respective probation department, the court of the committing county, and the youth’s counsel.

The order also specifies that the requirement to allow specified individuals to attend discharge consideration hearings and reentry disposition hearings is satisfied by the opportunity to appear by the video conference technology used to conduct the hearing. Additionally, the order shortens the period of time after a youth is determined ready for discharge and before the actual discharge. In coordination with county probation and the court, the period shall not exceed 14 days. Lastly, the order specifies that reentry disposition hearings shall, whenever practicable, be conducted by tele/video conference at a DJJ facility, followed by immediate release of custody to county probation. This process replaces the existing process of transporting youth to the custody of county probation where they are held in county jail or juvenile hall for one to four days prior to the hearing.

This Executive Order builds upon the March 24 order directing DJJ to suspend intake and the March 28 Judicial Council direction to superior courts to make use of technology, when possible, to conduct judicial proceedings and court operations remotely.

A copy of the Governor’s executive order can be found here and text can be found here.

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