Rule 5.807.Secure youth treatment facility progress review process

Division 3. Juvenile Rules · Chapter 13. Cases Petitioned Under Sections 601 and 602 · Article 4. Disposition · Adopted 2023 · no amendments on record · Last verified September 10, 2026

In one sentenceRule 5.807 requires a progress review at least every six months during a secure commitment, and governs transfer to a less restrictive program.

Full Text of Rule 5.807

Text sizeJump to: (a) (b) (c) (d)

(a) Application

This rule sets forth the statutory requirements for the court’s review of a youth’s progress under section 875(e) and (f) and rule 5.806(c) for youth committed to secure youth treatment facilities to evaluate the youth’s progress in relation to the rehabilitation plan approved under section 875(d) and rule 5.804(d).

(b) Setting a progress review hearing (§ 875(e))

The court must, during the term of commitment, set and hold a progress review hearing for the youth not less frequently than once every six months.

At the progress review hearing, after having considered the recommendations of the probation department and any recommendations of counsel and any behavioral, educational, or other specialists having information relevant to the youth’s progress, the court must:

(1) Make a finding on the record supporting an order as to whether the youth is to remain committed to the secure youth treatment facility for the remainder of the baseline term or if the baseline term is to be reduced after considering:

(A) the progress of the youth in relation to the rehabilitation plan in light of the programming made available to the youth, and

(B) the recommendations of probation concerning the youth’s positive behavior in the secure youth treatment facility program as required by rule 5.806(c); and

(2) Set a progress review hearing or, if the baseline term remaining is six months or less, a discharge hearing, no more than six months from the date of the current hearing.

(d) Transfer to a less restrictive program (§ 875(f))

(1) Upon a motion by the probation department or the youth that the youth be transferred from the secure youth treatment facility to a less restrictive program, the court must consider such a transfer at the youth’s next progress review hearing or may set a separate hearing to consider the motion. The moving party must serve the motion on the prosecution, the youth if the youth is not the moving party, and the probation department if the probation department is not the moving party.

(2) In making its determination, the court must consider:

(A) The youth’s overall progress in relation to the rehabilitation plan in light of the programming made available to the youth during the period of confinement in a secure youth treatment facility; and

(B) The programming and community transition services to be provided, or coordinated by the less restrictive program, including any educational, vocational, counseling, housing, or other services made available through the program.

(3) If the court orders the youth transferred to a less restrictive program:

(A) The court must set the length of time the youth is to remain in a less restrictive program, not to exceed the remainder of the baseline or modified baseline term, prior to a discharge hearing; and

(B) The court may require the youth to observe any conditions of performance or compliance with the program that are reasonable and appropriate in the individual case and that are within the capacity of the youth to perform.

(4) If, after transfer to a less restrictive program, the court determines that the youth has materially failed to comply with the court-ordered conditions of the program, the court may:

(A) Modify the terms and conditions of placement in the program; or

(B) Order the youth to be returned to a secure youth treatment facility for the remainder of the baseline term, or modified baseline term, subject to further progress review hearings as required in this rule.

(5) If the court orders a youth returned to a secure youth treatment facility from a less restrictive program the court must adjust the youth’s baseline or modified baseline term to include credit for the time served by the youth in the less restrictive program.

End

Plain-English Summary

A secure commitment is reviewed on a fixed rhythm: the court must set and hold a progress review at least once every six months for as long as the commitment lasts, to measure the youth against the rehabilitation plan.

At each review, having considered the recommendations of probation, of counsel, and of any behavioural, educational or other specialist with relevant information, the court must make a finding on the record supporting an order — whether the youth stays for the remainder of the baseline term or the term is reduced — considering the youth’s progress in light of the programming actually made available, and probation’s recommendations on positive behaviour. It then sets the next review no more than six months out, or a discharge hearing where six months or less of the term remains.

Either the probation department or the youth may move for transfer to a less restrictive program. The court must take it up at the next progress review or set a separate hearing, and the moving party serves the motion on the prosecution and on whichever of the youth or probation is not the movant.

Two things guide the decision: the youth’s overall progress against the rehabilitation plan in light of the programming made available during the secure confinement, and what the less restrictive program will provide or coordinate — educational, vocational, counseling, housing or other community transition services.

If transfer is ordered, the court sets how long the youth stays in the program before a discharge hearing — not longer than the remainder of the baseline or modified baseline term — and may impose conditions that are reasonable, appropriate to the case, and within the youth’s capacity to perform.

A material failure to comply lets the court modify the terms and conditions, or return the youth to a secure facility for the remainder of the term, subject to further progress reviews. And a youth returned that way gets credit for the time already served in the less restrictive program.

Frequently Asked Questions

How often are progress reviews held?

At least once every six months during the term of commitment. Each review sets the next one no more than six months out — or a discharge hearing where the remaining baseline term is six months or less.

Who can ask for a move to a less restrictive program?

The probation department or the youth. The court must consider the transfer at the next progress review hearing or may set a separate hearing, and the moving party must serve the motion on the prosecution and on the other party.

What does the court weigh on a transfer request?

The youth’s overall progress against the rehabilitation plan in light of the programming actually made available during secure confinement, and the programming and community transition services the less restrictive program will provide or coordinate — educational, vocational, counseling, housing or other services.

What happens if the youth does not comply in the less restrictive program?

Where the failure is material, the court may modify the terms and conditions of placement, or return the youth to a secure youth treatment facility for the remainder of the baseline or modified baseline term, subject to further progress reviews.

Does time in the less restrictive program count?

Yes. If the court returns a youth to a secure youth treatment facility, it must adjust the baseline or modified baseline term to include credit for the time served in the less restrictive program.

Amendment History

Rule 5.807 adopted effective July 1, 2023.

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

Also known as: progress review secure youth treatment facilitytransfer to less restrictive program juvenilesection 875(e) progress reviewsection 875(f) less restrictive program