CHILDREN AND THE LAW
...Delinquency Matters
......Disposition
.........Removal From Home
............WIC 1800 Extended Commitment
9 Cards On This Topic:

Current extended detention scheme set forth in W&IC 1800 et seq. satisfies due process and equal protection clauses of state and federal Constitutions.

W&IC §1801.5 gives M the right not to testify in juvenile commitment proceeding as it expressly extends to juveniles facing commitment "all rights guaranteed under federal and state constitutions in criminal proceedings."

EDA does not deprive ward of equal protection by treating him differently from similarly situated adult prisoners subject to civil commitments under SVPA and MDO laws.

Trial court's admonition to the jury, tailored to DA's specific remarks implying facts not in evidence and adding personal views, sufficient to cure any prejudice from DA's misconduct.

Extended Detention Act does not violate substantive due process.

CYA not authorized to parole D committed under W&IC 1800, but is authorized under statutory scheme for extended commitment to conditionally release D during current extended commitment period.

M entitled to new commitment proceeding to include finding his mental disorder caused serious difficulty in controlling his behavior — detention scheme interpreted to contain such requirement to preserve constitutionality.

Order of extended CYA commitment reversed where no rational trier of fact could have found beyond a reasonable doubt that M had serious difficulty controlling his sexually deviant behavior.

W&IC 1800 requires D's mental deficiency, etc., cause serious difficulty in controlling behavior, resulting in serious, well-founded risk of reoffense—must be alleged in petition re extended commitment and shown at PC hearing and trial.