CHILDREN AND THE LAW
...Delinquency Matters
......Disposition
.........Probation & Wardship
............Computing Jurisdictional Time
43 Cards On This Topic:

Minor removed from home shall not be held in confinement longer than maximum term of imprisonment for adult convicted of same offense.

M committed to DJF may not be held in physical confinement longer than maximum which could be imposed on adult convicted of offense which brought or continued M under jurisdiction of juvenile court.

Youthful offender may not be confined in excess of maximum imprisonment which could be imposed on adult convicted of same offense.

Although juvenile court unintentionally set a maximum term of confinement substantially less than the minimum adult term of imprisonment for M's offenses, it was within court's discretion to do so.

Because M's maximum period for two W&IC 602 petitions was aggregated, he was entitled to credit for all actual time spent in custody in connection with either petition.

Remand required where it was unclear whether court meant to fix max. physical confinement at 12 yrs. 8 mos. or less, and whether it understood it had discretion to impose max. term other than lower or middle term set by PC 213.

Juvenile court has discretion under W&IC 731, based on facts and circumstances, to select period of confinement that is less than the minimum mandatory indeterminate sentence.

M entitled to custody credits for time served in secure facility prior to commitment to group home.

For M removed from parental custody but not committed to DJF, W&IC 726 (c) requires juvenile court to set maximum term by taking upper term for the offense and adding a term for any enhancements pled and proved.

M's claim that her sole objective was to sell meth pills to juveniles at football game was too broad for purposes of PC 654—her culpability increased with each illegal act of selling pills and sentence for each act of sale proper.

M's maximum confinement should be 6, not 9, yrs. where petition did not charge him with PC 213 (a)(1)(A) enhancement of acting in concert, and he did not admit to such.

Because M's electronic monitoring at home was not physical confinement, it does not entitle him to predispositional credit.

Juvenile court need not orally pronounce M's maximum period of confinement; remand required for form acknowledgment that court considered facts and circs of the offenses in determining that maximum period.

In sentencing M to DJJ for theoretical max. term of 16 years for sexual abuse of his 13-yr. old half-brother, court did not deny M DP and EP—statutory scheme/caselaw demand a differential approach for youths and adults.

Trial court did not err in determining M's theoretical maximum term of physical confinement based on upper terms for attempted robbery and firearm use allegation.

Discretion to set maximum juvenile confinement time at less than maximum term an adult would serve for same offense does not allow for imposition of a term less than the minimum adult term.

Plain language and leg. history of W&IC 731(b) [now (c)] show the statute provides discretion to commit M to camp for less than the maximum term to which an adult could be sentenced only when M is committed to CYA.

When a juvenile ward is allowed to remain in parents' custody, there is no physical confinement and therefore no need to set maximum term of confinement.

Juvenile court must set maximum term of physical confinement based on facts of matters that brought or continued M under jurisdiction of juvenile court, term not to exceed adult maximum period of imprisonment.

Juvenile ct. failed to exercise its discretion to set M's maximum time of physical confinement at less than maximum term of imprisonment to which an adult convicted of his offenses could have been subjected.

Juvenile court failed to exercise its statutory discretion to set M's maximum term of physical confinement at CYA at less than adult maximum term. [Am. W&IC 731 (b).]

Trial court erred in failing to set maximum term of physical confinement in CYA based upon the facts and circumstances of the matter, not to exceed the maximum time prescribed by adult sentencing law.

Remand required for recalculation of predisposition of custody credits on multiple petitions.

When M has exhausted available confinement time on one or more previously sustained petitions, court need not include those petitions when it elects to aggregate period of confinement on multiple petitions" under W&IC 726.

Failure to apply Prop 36 to minor did not violate equal protection because minors violating nonviolent drug possession offenses are not similarly situated to adults convicted of same offenses re legitimate purposes of the law.

Juvenile court erred in calculating maximum confinement time by including time for stayed counts of two previously sustained petitions.

Pen. Code §1237.1, which precludes crim. D from raising, for 1st time and as sole issue on appeal, error in calculation of presentence custody credits, doesn't apply to juv. appeals.

Current sustained 602 petition for offense punishable only by fine may be aggregated per Welf. & Inst. Code §726 with previously sustained petition for offense subject to incarceration, resulting in imposition of time in custody.

As M committed an assault with firearm upon intended V, and with same shot injured unintended victim, thereby committing another assault, M’s sentence for each assault can be enhanced by separate firearm-use enhancement.

Minor committed to county jail not entitled to earn good time/work time credits an adult is entitled to under Pen. Code §4019.

Juv. ct.’s aggregation order, made via supplemental petition, was authorized by Welf. & Inst. Code §726.

Sentence calculation for multiple sex offenses which ensures minor not confined in excess of maximum imposed on adult for crime is proper.

Juvenile court properly selected upper 5-yr term for firearm enhancement; legislative intent was to maximize outer limit of juvenile commitment.

Order continuing wardship based upon greater and lesser included offenses of minor’s offense did not violate bar against multiple punishment.

Imposing longest term of imprisonment under Welf. & Inst. Code §726 does not deny minor equal protection of law; precommitment credits.

Computation of maximum term of confinement must comport with Pen. Code §1170.1 (a) formula of principal term and subordinate terms.

Minor not entitled to custody credits for home placement or time spent in nonsecured placements.

EP argument fails where minor served no more time under CYA control than he would if committed as adult and was not denied credit he would have received as adult.

Minors are not entitled to conduct credits under Pen. Code §4019, but only to precommitment credits towards principal term of confinement.

Commitment to CYA is for maximum term which could be imposed upon adult for same offense.

6 years in CYA for second degree murder not cruel and unusual punishment.

Time in presentence custody is credited towards juvenile as well as adult sentence.

Cases discussing jurisdictional time computation.