SECTIONS 1800-1803 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 1800-1803

1800. (a) Whenever the Division of Juvenile Facilities determines
that the discharge of a person from the control of the division at
the time required by Section 1766, 1769, 1770, 1770.1, or 1771, as
applicable, would be physically dangerous to the public because of
the person's mental or physical deficiency, disorder, or abnormality
that causes the person to have serious difficulty controlling his or
her dangerous behavior, the division, through its Chief Deputy
Secretary for Juvenile Justice, shall request the prosecuting
attorney to petition the committing court for an order directing that
the person remain subject to the control of the division beyond that
time. The petition shall be filed at least 90 days before the time
of discharge otherwise required. The petition shall be accompanied by
a written statement of the facts upon which the division bases its
opinion that discharge from control of the division at the time
stated would be physically dangerous to the public, but the petition
may not be dismissed and an order may not be denied merely because of
technical defects in the application.
(b) The prosecuting attorney shall promptly notify the Division of
Juvenile Facilities of a decision not to file a petition.

1800.5. Notwithstanding any other provision of law, the Board of
Parole Hearings may request the Chief Deputy Secretary for Juvenile
Justice to review any case in which the Division of Juvenile
Facilities has not made a request to the prosecuting attorney
pursuant to Section 1800 and the board finds that the ward would be
physically dangerous to the public because of the ward's mental or
physical deficiency, disorder, or abnormality that causes the person
to have serious difficulty controlling his or her dangerous behavior.
Upon the board's request, a mental health professional designated by
the chief deputy secretary shall review the case and thereafter may
affirm the finding or order additional assessment of the ward. If,
after review, the mental health designee affirms the initial finding,
concludes that a subsequent assessment does not demonstrate that a
ward is subject to extended detention pursuant to Section 1800, or
fails to respond to a request from the board within the timeframe
mandated by this section, the board thereafter may request the
prosecuting attorney to petition the committing court for an order
directing that the person remain subject to the control of the
division pursuant to Section 1800 if the board continues to find that
the ward would be physically dangerous to the public because of the
ward's mental or physical deficiency, disorder, or abnormality that
causes the person to have serious difficulty controlling his or her
dangerous behavior. The board's request to the prosecuting attorney
shall be accompanied by a copy of the ward's file and any
documentation upon which the board bases its opinion, and shall
include any documentation of the division's review and
recommendations made pursuant to this section. Any request for review
pursuant to this section shall be submitted to the chief deputy
secretary not less than 120 days before the date of final discharge,
and the review shall be completed and transmitted to the board not
more than 15 days after the request has been received.

1801. (a) If a petition is filed with the court for an order as
provided in Section 1800 and, upon review, the court determines that
the petition, on its face, supports a finding of probable cause, the
court shall order that a hearing be held pursuant to subdivision (b).
The court shall notify the person whose liberty is involved and, if
the person is a minor, his or her parent or guardian (if that person
can be reached, and, if not, the court shall appoint a person to act
in the place of the parent or guardian) of the hearing, and shall
afford the person an opportunity to appear at the hearing with the
aid of counsel and the right to cross-examine experts or other
witnesses upon whose information, opinion, or testimony the petition
is based. The court shall inform the person named in the petition of
his or her right of process to compel attendance of relevant
witnesses and the production of relevant evidence. When the person is
unable to provide his or her own counsel, the court shall appoint
counsel to represent him or her.
The probable cause hearing shall be held within 10 calendar days
after the date the order is issued pursuant to this subdivision
unless the person named in the petition waives this time.
(b) At the probable cause hearing, the court shall receive
evidence and determine whether there is probable cause to believe
that discharge of the person would be physically dangerous to the
public because of his or her mental or physical deficiency, disorder,
or abnormality which causes the person to have serious difficulty
controlling his or her dangerous behavior. If the court determines
there is not probable cause, the court shall dismiss the petition and
the person shall be discharged from the control of the authority at
the time required by Section 1766, 1769, 1770, 1770.1, or 1771, as
applicable. If the court determines there is probable cause, the
court shall order that a trial be conducted to determine whether the
person is physically dangerous to the public because of his or her
mental or physical deficiency, disorder, or abnormality.

1801.5. If a trial is ordered pursuant to Section 1801, the trial
shall be by jury unless the right to a jury trial is personally
waived by the person, after he or she has been fully advised of the
constitutional rights being waived, and by the prosecuting attorney,
in which case trial shall be by the court. If the jury is not waived,
the court shall cause a jury to be summoned and to be in attendance
at a date stated, not less than four days nor more than 30 days from
the date of the order for trial, unless the person named in the
petition waives time. The court shall submit to the jury, or, at a
court trial, the court shall answer, the question: Is the person
physically dangerous to the public because of his or her mental or
physical deficiency, disorder, or abnormality which causes the person
to have serious difficulty controlling his or her dangerous behavior
The court's previous order entered pursuant to Section 1801 shall
not be read to the jury, nor alluded to in the trial. The person
shall be entitled to all rights guaranteed under the federal and
state constitutions in criminal proceedings. A unanimous jury verdict
shall be required in any jury trial. As to either a court or a jury
trial, the standard of proof shall be that of proof beyond a
reasonable doubt.

1801.6. When the venue of a proceeding under this chapter is
changed, costs of the proceeding are chargeable as provided in
Section 1037 of the Penal Code.

1802. When an order for continued detention is made as provided in
Section 1801, the control of the authority over the person shall
continue, subject to the provisions of this chapter, but, unless the
person is previously discharged as provided in Section 1766, the
authority shall, within two years after the date of that order in the
case of persons committed by the juvenile court, or within two years
after the date of that order in the case of persons committed after
conviction in criminal proceedings, file a new application for
continued detention in accordance with the provisions of Section 1800
if continued detention is deemed necessary. These applications may
be repeated at intervals as often as in the opinion of the authority
may be necessary for the protection of the public, except that the
department shall have the power, in order to protect other persons in
the custody of the department to transfer the custody of any person
over 21 years of age to the Director of Corrections for placement in
the appropriate institution.
Each person shall be discharged from the control of the authority
at the termination of the period stated in this section unless the
authority has filed a new application and the court has made a new
order for continued detention as provided above in this section.

1803. An order of the committing court made pursuant to this
article is appealable by the person whose liberty is involved in the
same manner as a judgment in a criminal case. The appellate court may
affirm the order of the lower court, or modify it, or reverse it and
order the appellant to be discharged. Pending appeal, the appellant
shall remain under the control of the authority.