J.J. v. Superior Court
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J.J. was alleged to have committed forcible lewd conduct with a minor. The juvenile court declared him incompetent to stand trial, suspended the delinquency proceedings, and ordered remediation services in juvenile hall. After 12 months, the court found that J.J. still had not attained competency. Although the maximum period for remediation under Welfare and Institutions Code section 709 is 12 months, the court ordered his continued confinement pending finalization of an exit order and post-release services to assist his reentry into the community. Section 709(h)(5)(C) allows confinement of certain juveniles for up to 18 months if “necessary and in the best interests of the minor and the public’s safety.”
The court of appeal held that the juvenile court lacked authority to order J.J.'s continued confinement beyond the remediation period for a purpose other than restoration to competency, which would potentially violate his due process rights. Once the court determined that J.J. had not attained competency at the end of the statutory remediation period, no further confinement could be ordered given the record in J.J.’s case. The purpose of section 709 is to protect a minor from juvenile proceedings during incompetency and to provide remediation services with the goal of restoring the minor to competence. Section 709(h)(5) does not permit the involuntary confinement of a minor beyond the statutory remediation period for the purpose of arranging postrelease services that are not designed to restore competency.
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