John L. v. Superior Court

McDONALD, J.

On March 7, 2000, the voters approved an initiative measure designated as Proposition 21, which became effective on March 8, 2000. (Cal. Const., art. II, § 10, subd. (a).) Proposition 21 made numerous changes to the Penal Code and Welfare and Institutions Code relating to the adult and juvenile justice systems. We here consider section 27 of that measure, which amended the provisions of Welfare and Institutions Code section 777 (new section 777). [1] New section 777 applies to hearings to modify dispositional orders to impose more restrictive custody for minors previously adjudicated as wards of the court. In relevant part, new section 777 reduces the burden of proof, permits the use of hearsay, and eliminates the necessity of a finding that the prior disposition was ineffective in rehabilitating the minor. [2]

In this proceeding, we decide whether new section 777 applies to juvenile probation revocation hearings in which the proposed revocation is based on conduct occurring after the effective date of Proposition 21 for a juvenile adjudicated a ward based on conduct occurring before the effective date of Proposition 21. The three juveniles in this proceeding argue…