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In re J.S.

California Court of Appeals, Sixth District

June 4, 2015

In re J.S., a Person Coming Under the Juvenile Court Law.
v.
v. J.S., Defendant and Appellant.

Santa Clara County Superior Court No. 307-JV33744 E.F.G. The Honorable Patrick E. Tondreau

Page 453

[Copyrighted Material Omitted]

Page 454

COUNSEL

Attorney for Defendant and Appellant Sidney S. Hollar, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General Gerald A. Engler, Chief Assistant Attorney General Eric D. Share and Joan Killeen, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

RUSHING, P.J.

Appellant J.S., formerly a minor with a long history of dependency and delinquency issues, successfully completed his program at California's Department of Corrections and Rehabilitation Division of Juvenile Justice (DJJ). Prior to his release, the Legislature enacted Assembly Bill No. 1628 (2009-2010 Reg. Sess.) (Stats. 2010, ch. 729, eff. Oct. 19, 2010; see id., § 10 [juvenile parole realignment bill] (Realignment), eliminating

Page 455

DJJ administered parole, and releasing minors to community based supervision. When J.S. was released, he was placed on locally supervised probation instead of DJJ administered parole. As a consequence, the Board of Parole Hearings (Board) did not, as they had been required to in the past, make a finding upon release as to whether his discharge from parole was honorable or otherwise. Because honorable discharge from parole entitles youths to an automatic release from all penalties and disabilities resulting from the offense or crime for which they are committed, J.S. petitioned the trial court to make the finding in the place of DJJ. (Welf. & Inst. Code, § 1772, subd. (a).)[1] The trial court denied the petition, and J.S. appeals that order. Although we conclude that the Legislature should amend the statutory scheme to be consistent with Realignment, the trial court did not err in denying the order, so we will affirm.

Factual and Procedural Background

J.S. was born in 1992 in prison. His mother subsequently abandoned him to a stranger she had met at a Denny’s restaurant. J.S.’s father had been convicted of murder prior to J.S.’s birth. The stranger became his guardian, but social services received numerous complaints about the living conditions and abuse suffered by J.S. in her home. J.S. recounts a history of severe emotional cruelty at the hands of his mother and his guardian. J.S. became a dependent child under section 300 at the age of six, and suffered abuse at the hands of a staff member of Millhouse Children’s Services in 2007 at the age of 15. By 2009, he had lived in 14 different placements. He has been diagnosed with Reactive Attachment Disorder, Attention Deficit Hyperactivity Disorder, Oppositional Defiant Disorder and alcohol/cannabis abuse. While an adolescent, J.S. was associated with the Crips criminal street gang, and reported losing 19 of his friends due to gang violence.

Beginning in 2007 and continuing through 2010, multiple petitions were filed against J.S under section 602. The petitions included allegations of robbery (Pen. Code, §§ 211, 212.5, subd. (c)), carrying a concealed dirk or dagger (Pen. Code, former § 12020, subd. (a)(4)), use of a deadly weapon other than a firearm (Pen. Code, § 417, subd. (a)(1)) and disturbing the peace. (Pen. Code, § 415.) The trial court declared J.S. a dual status youth, and sustained the various petitions. On April 27, 2010, the court sustained another petition alleging robbery (Pen. Code, §§ 211, 212.5, subd. (c)), possession of marijuana for sale (Health & Saf. Code, § 11359), and oral copulation by force. (Pen. Code, § 288a, subd. ...


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