In Re Luis C.

Luis C. appeals from an order extending his commitment to the California Youth Authority (Youth Authority) pursuant to Welfare and Institutions Code section 1800, which permits further detention if the ward would be physically dangerous to the public because of a mental disorder. At trial, an expert testified that Luis suffered from pedophilia, a mental disorder, and that he presented a high risk to harm others if released because he had not completed the sex offender treatment program. The jury made the requisite findings, and the court ordered the extended commitment.

On appeal Luis contends: (1) the extension of his commitment under section 1800 violated due process and equal protection because it is based on a constitutionally inadequate standard of dangerousness and because his commitment involves fewer procedural safeguards and can result in harsher treatment than a civil commitment for similarly situated adult offenders, and (2) the court violated his Fifth Amendment rights when it refused to instruct the jury he had a right not to testify and no inference could be drawn from the fact that he did not. We hold that the standard of “physically dangerous to the…