In Re Robert B.

This appeal involves apparent conflicts between the provisions of Penal Code section 4011.6 and Welfare and Institutions Code sections 6550 and 6551, each authorizing the treatment of a minor offender referred to and detained in an appropriate state mental health facility (facility) pursuant to the Lanterman-Petris-Short (LPS) Act, Welfare and Institutions Code section 5000 et seq. As relevant, the Penal Code permits the juvenile court in most cases to retain concurrent jurisdiction over such a minor, and further provides that the minor is entitled to credit for time spent in a facility against any period of commitment ordered by the juvenile court. Welfare and Institutions Code section 6551, however, provides that the juvenile court’s jurisdiction is suspended and does not provide for any credits for time spent in a facility. We conclude that the Penal Code and Welfare and Institutions Code should be construed together, and together provide that the juvenile court in most instances retains concurrent jurisdiction over the minor and that the minor in most instances is entitled to credits for time spent in a facility.

Background

In May 1991, appellant Robert B. was made…