In Re Schmidt

I. INTRODUCTION

Donald Schmidt, age 34, seeks his release on parole from the California Department of Corrections and Rehabilitation, Division of Juvenile Facilities (formerly, the Department of the Youth Authority). In 1989 the juvenile court sustained a Welfare and Institutions Code section 602 petition alleging that 16-year-old Schmidt had committed sodomy and first degree murder of a three-year-old girl. Schmidt was committed to the CYA on October 4, 1989. At the age of 25 his commitment was extended by trial court order pursuant to section 1800, which at that time authorized a two-year extension of commitment where discharge of a person from the control of the CYA “would be physically dangerous to the public because of the person’s mental or physical deficiency, disorder, or abnormality.” (Former § 1800; see In re Howard N. (2005) 35 Cal.4th 117, 126 [ 24 Cal.Rptr.3d 866 , 106 P.3d 305 ],) Subsequently, Schmidt’s CYA commitment was extended under section 1800 for three additional two-year periods. His current two-year commitment began on November 8, 2004, and expires on November 8, 2006.

On June 21, 2005, the Youthful Offender Parole Board (Parole Board) ordered…