In re J.C.

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Minor, age 16, admitted to carjacking with a personal firearm use enhancement. The probation officer recommended the juvenile court adjudge Minor a ward of the court; remove him from parental custody; commit him to a county institution for a period not to exceed maximum custody time of 12 years, or until age 21, whichever occurs first; and that the court order Minor to participate in the County Institution Program, YOTP [Youthful Offender Treatment Program] and successfully complete all phases, follow all treatment requirements, and obey all rules. Over defense counsel’s objection, the court adopted the recommendation of YOTP commitment, “to meet [Minor’s] rehabilitative needs while keeping the community safe.” The court concluded that a lesser restrictive alternative would not be appropriate and declined to order a fixed term. The court noted that if Minor completed a “perfect” YOTP program, he would be held for about 10 months; otherwise, the maximum period would be until his 21st birthday. The court set a “YOTP review date” for December 2018, seven months away. The court of appeal affirmed the order, rejecting Minor’s contention that it impermissibly delegates to the probation officer the authority to determine the length of commitment. At review hearings, Minor may inform the juvenile court if he disagrees with the assessment of his progress. View "In re J.C." on Justia Law