In Re Walter P.

The juvenile court found that Walter P., then 17 years old, violated Health and Safety Code section 11357, subdivision (b), which provides as pertinent: "(b) Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100)." [1]

The juvenile court placed Walter on probation for six months. Over Walter's objection, the court imposed as special conditions of probation that Walter be detained on home supervision for 45 days and that he be required to complete eight days in the Juvenile Work Project program.

(1) Walter contends, the People concede, and we agree that these two probation conditions are legally unauthorized because section 11357, subdivision (b), does not authorize any type of confinement. (2) Although a juvenile court, in granting probation, "may impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced" (Welf. & Inst. Code, § 730, subd. (b)), a probation…