In re William W. CA5

FACTS AND PROCEEDINGS

On January 30, 2006, appellant, William W., waived his rights and admitted an allegation that he committed lewd and lascivious acts with a minor under 14 years old in violation of Penal Code section 288, subdivision (a).1 Appellant was placed on probation for a period not to exceed his 21st birthday. In January 2009, a supplemental petition was filed alleging that appellant had failed in his placement in four group homes. In February 2009, appellant was committed to the Division of Juvenile Justice, Department of Juvenile Facilities (DJF). The California Supreme Court issued its opinion in In re C.H. (2011) 53 Cal.4th 94, limiting commitments to DJF to offenses enumerated in Welfare and Institutions Code section 707, subdivision (b). The Legislature passed emergency legislation effective February 29, 2012, in response to the decision in C.H., amending Welfare and Institutions Code sections 731 and 733 so that a minor may be committed to DJF if the offense is described in either subdivision (b) of Welfare and Institutions Code section 707 or subdivision (c) of Penal Code section 290.008.2 On April 12, 2012, appellant’s commitment to DJF was recalled and the…