SECTIONS 1780-1783 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 1780-1783

1780. If the date of discharge occurs before the expiration of a
period of control equal to the maximum term prescribed by law for the
offense of which he or she was convicted, and if the Department of
the Youth Authority believes that unrestrained freedom for that
person would be dangerous to the public, the Department of the Youth
Authority shall petition the court by which the commitment was made.
The petition shall be accompanied by a written statement of the
facts upon which the department bases its opinion that discharge from
its control at the time stated would be dangerous to the public, but
a petition may not be dismissed merely because of its form or an
asserted insufficiency of its allegations; every order shall be
reviewed upon its merits.

1781. Upon the filing of a petition under this article, the court
shall notify the person whose liberty is involved, and if he or she
is a minor, his or her parent or guardian if practicable, of the
application and shall afford him or her an opportunity to appear in
court with the aid of counsel and of process to compel attendance of
witnesses and production of evidence. When he or she is unable to
provide his or her own counsel, the court shall appoint counsel to
represent him or her.
In the case of any person who is the subject of such a petition
and who is under the control of the Youth Authority for the
commission of any offense of rape in violation of paragraph (1) or
(2) of subdivision (a) of Section 262 or subdivision (2) or
subdivision (3) of Section 261 of the Penal Code, or murder, the
Department of the Youth Authority shall send written notice of the
petition and of any hearing set for the petition to each of the
following persons: the attorney for the person who is the subject of
the petition, the district attorney of the county from which the
person was committed, and the law enforcement agency that
investigated the case. The department shall also send written notice
to the victim of the rape or the next of kin of the person murdered
if he or she requests notice from the department and keeps it
apprised of his or her current mailing address. Notice shall be sent
at least 30 days before the hearing.

1782. Such committing court may thereupon discharge the person,
admit him or her to probation or may commit him or her to the state
prison. The maximum term of imprisonment for a person committed to a
state prison under this section shall be a period equal to the
maximum term prescribed by law for the offense of which he or she was
convicted less the period during which he or she was under the
control of the Youth Authority.

1783. An appeal may be taken from the order of the court committing
a person to the State prison under this chapter in the same manner
as appeals are taken from convictions in the criminal cases under the
Penal Code.