In Re Rochelle B.

Rochelle B. appeals from a juvenile court judgment and disposition order on a petition under Welfare and Institutions Code section 602, sustaining an allegation that she committed a battery on a “custodial officer” engaged in the performance of her duties, in violation of Penal Code section 243.1. She contends that she was wrongly charged and tried under section 243.1 because the victim of the battery was a juvenile probation counselor and not a “custodial officer” as defined by section 831, subdivision (a). We agree. Therefore we reverse the order and judgment, and remand the matter to the juvenile court for redisposition.

Factual and Procedural Background

On July 12, 1995, Patricia Barrett was employed as a temporary probation counselor at the Contra Costa County Juvenile Hall, where appellant was being detained. At approximately 5:45 p.m., Barrett observed appellant and lead counselor Kathy Mazariegos in the foyer area of the living unit designated to accommodate juvenile females. Mazariegos was asking appellant to go to her room until the counselors could get another resident, Bonnie C., to go to her room. For safety reasons, the counselors did not want the two…