In Re Mark M.

Opinion

HASTINGS, J.

Petitioner was declared a ward of the court pursuant to Welfare and Institutions Code section 602 after he admitted burglarizing a high school. He was placed home on probation on various terms and conditions including performing 100 hours of community service, attending school regularly, and spending 10 days in juvenile hall, so-called

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time.

1

An additional 20 days of

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time was stayed until March 23, 1979. On the latter date 10 days’ detention was imposed because petitioner had failed to complete performance of the community service and was not attending school regularly.

2

On June 21, 1979, petitioner was arraigned on a supplemental petition (Welf. & Inst. Code, § 777) alleging continued failure to comply with the conditions of probation as to community service and school attendance. This petition was sustained on July 31, 1979. The terms of probation were modified by eliminating the community service provision, adding a $50 fine, and imposing an additional 25 days of

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time, of which 2 days were to be served immediately. The remaining 23 days were stayed on condition that petitioner not miss any school. The matter was calendared for further hearing on January 31, 1980. On the latter date, because of petitioner’s continued refusal to attend school, the court imposed the additional 23 days’

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time in conformity with the recommendation of a supplemental probation report.

3

The within petition, challenging the order imposing the additional 23 days of

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time, raises two issues: (1) whether a Welfare and Institutions Code section 602 ward can be placed in juvenile hall detention solely for truancy; and (2) whether imposition of

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time can be stayed and then imposed without following the procedural requirements of Welfare and Institutions Code section 777.