CHILDREN AND THE LAW
...Delinquency Matters
......Disposition
.........Probation & Wardship
............Reimposition of Commitment
9 Cards On This Topic:

Requirements for recommitment.

No ex post facto violation to apply amended W&IC 777 to Ms who committed W&IC 602 offenses before, but violated probation after, Prop. 21's effective date.

Juvenile court erred in automatically imposing previously suspended DJJ commitment without considering less restrictive alternatives.

Court properly committed M to DJJ for probation violation by relying on earlier assault as "most recent offense" under W&IC 733 (c)-the assault being an offense listed in W&IC 707 (b).

Abuse of discretion to admit hearsay allegations in W&IC 777 report at probation revocation hearing where no showing of unavailability or good cause for dispensing with right to confrontation.

Previous stay of confinement properly considered in committing M to CYA after probation violation; W&IC 777 procedure followed; stayed commitment is proper warning tool.

Juvenile ct. may impose stayed or suspended CYA commitment, if general procedural requirements of W&IC 777 are followed before stay is lifted.

Juvenile court did not err in following probation report and finding previously-stayed commitment was appropriate disposition.

Court may not "stay" or "suspend" CYA commitment order until minor gets in further trouble, but must consider dispositional factors anew and make finding on critical ultimate issues.