People v. Allen N.

California Court of Appeal Oct 30, 2000 No. C032402Published

Before: Raye

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Holding. A juvenile court lacks the authority to impose discretionary probationary conditions on a minor after committing that minor to the California Youth Authority (CYA), as such conditions constitute an impermissible attempt to regulate the minor's rehabilitation, a function reserved for the CYA.

Issues

Whether a juvenile court may impose discretionary probationary conditions on a minor after committing the minor to the California Youth Authority.

Disposition. Affirmed in part, reversed in part (probationary conditions stricken).

Quotations verified verbatim against the opinion

“the juvenile court’s imposition of discretionary conditions of probation constitutes an attempt to regulate or supervise the minor’s rehabilitation, a function solely in the hands of CYA after the minor’s commitment.”

“the imposition of probationary conditions constitutes an impermissible attempt by the juvenile court to be a secondary body governing the minor’s rehabilitation.”

Opinion

RAYE, J.

Following a contested jurisdictional hearing, the juvenile court found that Allen N., a minor and ward of the court based upon previously sustained petitions, committed felony assault (Pen. Code, § 245, subd. (a)(1)) and great bodily injury during the commission of that offense (Pen. Code, § 12022.7).

The minor was committed to the California Youth Authority (CYA) for a maximum confinement period of 8 years and 10 months. The juvenile court then imposed the following probationary conditions: “You are not to have any contact or communication with Ronnie Obey, or Shawna Williams, or their families. ¶ And the prior orders of the Court, including your non-association with Augustine Ribota, your requirement that you participate in anger control management counseling, and that you not associate with individuals known to be members of gangs, and that you not wear or display

[515]

any gang-related clothing, or emblems, or paraphernalia, those orders remain in effect.”

On appeal, the minor contends the juvenile court erred in imposing the conditions of probation because it had committed him to CYA. The People urge that the probationary conditions were proper since the juvenile court does not lose jurisdiction over the minor after the commitment and that the conditions were in the minor’s best interest. In so arguing, the People fail to recognize the distinction between the juvenile court’s jurisdiction and its supervisory power. We shall strike the challenged conditions.

“Under section 602 any person who is under the age of 18 when he or she commits a criminal offense is within the jurisdiction of the juvenile court. Once an individual is adjudged a ward of the juvenile court that court may retain jurisdiction over the ward until he or she attains the age of 21 or 25 depending upon the nature of the offense. ([Welf. & Inst. Code] § 607.)”

(Joey W. v. Superior Court

(1992) 7 Cal.App.4th 1167, 1172 [9 Cal.Rptr.2d 486].) Sections 778 and 779 permit the juvenile court to change, modify or set aside a commitment to CYA.

People v. Allen N.

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RAYE, J.

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