In re J.S.
Annotate this CaseJ. was born in 1992 in prison and was subsequently abandoned to a stranger in a restaurant. J.’s father was convicted of murder before J.’s birth. The stranger became his guardian, but social services received complaints about living condition and abuse in her home. By 2009, he had lived in 14 placements. He was diagnosed with several psychiatric disorders and lost 19 friends to gang violence. In 2007-2010, multiple criminal petitions were filed against J. He was committed to the Department of Juvenile Justice (DJJ). Before his release, the Juvenile Parole Realignment bill was enacted, eliminating DJJ administered parole, and releasing minors to community based supervision. In 2013, the court ordered that J. be discharged on local probation. The Parole Board did not, as required n the past, make a finding of whether his discharge was honorable. Honorable discharge entitles youths to automatic release from all penalties and disabilities. A condition of probation was that he register as a sex offender. J. became homeless. He moved to Monterey County, but failed to timely notify probation or update his registration. He was arrested while trying to update his registration. Before his probation violation hearing, J’s attorney moved for honorable discharge and relief in juvenile court, arguing that because DJJ no longer makes discharge status recommendations after Realignment, the court should make a finding and relieve J. from the registration requirement. The court of appeal affirmed denial, stating that the Legislature should amend the statutory scheme to be consistent with Realignment
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