In re J.A. CA5

INTRODUCTION

Two recent senate bills have made significant changes for minors deemed wards of a juvenile court. On September 30, 2020, Senate Bill No. 823 (2019-2020 Reg. Sess.) (Senate Bill 823) became effective. This bill initiated the significant changes, which we explain below. On May 14, 2021, Senate Bill No. 92 (2021-2022 Reg. Sess.) (Senate Bill 92) became effective. This bill made some amendments to the laws implemented by Senate Bill 823.1 Through these bills, the Legislature has reduced the maximum period of confinement a juvenile ward faces when committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ). Before this change in law, a ward could be committed for the maximum term an adult would face if convicted of the same offense. (Former Welf. & Inst. Code, § 731, subd. (c).)2 Under the current law, however, a ward shall not be committed to DJJ “for a period that exceeds the middle term of imprisonment that could be imposed upon an adult convicted of the same offense.” (§ 730, subd. (a)(2), italics added.) In addition, the Legislature has announced its intent to close DJJ, which will be effective June 30, 2023. (§ 736.5, subd.…