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Juvenile Offenders committed to California Youth Authority

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Latest post Wed, Oct 2 2013 9:08 PM by everxpanding. 10 replies.
  • Wed, Mar 27 2013 3:05 AM

    • Olopez
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    Juvenile Offenders committed to California Youth Authority

    Can a juvenile sex offender that was commited to California Youth Autority and released on an honorable discharge from parole be relieved of his duty to register as a sex offender under WIC 1772?

  • Wed, Mar 27 2013 6:07 PM In reply to


    Re: Juvenile Offenders committed to California Youth Authority

    No.  Penal Code section 290.008 makes the requirement to register a lifetime deal.

  • Wed, Mar 27 2013 8:27 PM In reply to

    • Olopez
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    Re: Juvenile Offenders committed to California Youth Authority

    gemini47:

    No.  Penal Code section 290.008 makes the requirement to register a lifetime deal.

    I read under that code prior to my post and it states a juvenile that was discharged from the Department of Corrections and Rehabilitation, that was adjudicated in juvenile court, not California Youth Authority. As far as I read through section 290 of the Penal Code, I have not read anything that specifically includes or over rules section 1772 of Welf. & Inst. Codes which states that the juvenile offense can be "set aside" and the juvenile will be relieved of "all penalties and disabilities" arising from the offense which was committed. Note, that I am not referring to sealing the record as I know that it is not possible, but setting the matter aside and having it dismissed is not the same as sealing the record and as far as I can tell, there are no documented cases of a petition being "set aside" (not sealed) that have been denied by any court if the juvenile meets the criteria.

    A blog from an attorney on a website states:

     We recently learned that some juvenile defendants who might otherwise have to

    register as sex offenders can possibly be released from that obligation if they receive an honorable discharge from the Division of Juvenile Justice.  Welfare and Institutions Code sections 1179 and 1772 provide persons honorably discharged will be released from “all penalties or disabilities resulting from the offenses” for which they were committed.  The sections spell out certain exceptions, such as employment as a peace officer in most

    capacities, firearm possession, and the use of the prior for some evidentiary purposes or

    enhancement if later charges are filed.  Sex offender registration is not among the enumerated exceptions.

     At this time, we are informed, the Attorney General accepts the position that an honorable discharge relieves the defendant of the registration requirement.  We can find no appellate case, published or unpublished, ruling on the question one way or the other.

    What are your thoughts on this? I have also looked up numerous cases, including the famous Chong K appeal and found no such denial. Chong K however was denied because instead of applying the 1772 WIC to "set aside" his juvenile offense of murder, he tried to apply it to "seal" his record, which was denied because a 707(b) offense is not sealable. However, I believe if he would have applied the 1772 WIC to have his record "set aside" then he would have been granted his appeal.

  • Wed, Mar 27 2013 9:08 PM In reply to

    Re: Juvenile Offenders committed to California Youth Authority

    Olopez:
    section 1772 of Welf. & Inst. Codes which states that the juvenile offense can be "set aside" and the juvenile will be relieved of "all penalties and disabilities" arising from the offense which was committed.

    That's not what you said happened.

    You wrote:

    Olopez:
    released on an honorable discharge from parole

    In my layman's mind that looks like two different things.

     

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  • Wed, Mar 27 2013 10:18 PM In reply to


    Re: Juvenile Offenders committed to California Youth Authority

    Olopez:
    discharged from the Department of Corrections and Rehabilitation, that was adjudicated in juvenile court, not California Youth Authority.

    Juvenile Justice aka CYA is a division of CDCR in CA. The statute doesn't have to spell it out in order for it to apply.   CYA is kiddie prison.   IF he was 14 or older and committed to CYA for a sex offense that is listed in 290.008 (c), the registration is for life.  Yes, I am aware of Chong K.  I would point out that it compares 1772 to 1203.4 and under 1203.4, an expungment or sealing does not relieve the offender from the duty to register under PC 290.    I also suspect at his disposition hearing he was told it was lifetime registration.  

  • Wed, Mar 27 2013 10:30 PM In reply to


    Re: Juvenile Offenders committed to California Youth Authority

    I would also point out that the CA courts and in fact, the US Supreme Court do not view the requirement to register as a penalty or a disability.

  • Wed, Mar 27 2013 11:31 PM In reply to

    • Olopez
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    Re: Juvenile Offenders committed to California Youth Authority

    adjuster jack:

    Olopez:
    section 1772 of Welf. & Inst. Codes which states that the juvenile offense can be "set aside" and the juvenile will be relieved of "all penalties and disabilities" arising from the offense which was committed.

    That's not what you said happened.

    You wrote:

    Olopez:
    released on an honorable discharge from parole

    In my layman's mind that looks like two different things.

     

    I'm a layman as well and I do not know what you are talking about. It's in clear black and white....even in the title itself which states " COMMITTED TO THE CALIFORNIA YOUTH AUTHORITY".  You are also misquoting me by only saying "released on an honorable discharge from parole" when in reality the question was " Can a juvenile sex offender that was committed to the California Youth Authority and was released on an honorable discharge on parole be relieved of his duty to register as a sex offender under WIC 1772?"

    I don't know how I can make that any clearer or concise for you.

  • Wed, Mar 27 2013 11:51 PM In reply to

    • Olopez
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    Re: Juvenile Offenders committed to California Youth Authority

    Section 290.95 subdivision (a), (b), (c), (d), and (e) of the Penal Code bars certain job opportunities and licensure which makes it a disability.

    You also stated:

    "Yes, I am aware of Chong K.  I would point out that it compares 1772 to 1203.4 and under 1203.4, an expungment or sealing does not relieve the offender from the duty to register under PC 290."

    1203.4 (4)(b) PC makes it clear that the expungment does not include certain crimes in relieving the petitioner from certain duties as several sex crimes are excluded. However, in WIC 1772 (3), it explicitly lists disqualifications for petitioners and nowhere does it mention a a juvenile sex offense as a disqualification if the juvenile does not fall under part (3) of section 1772 WIC.

    Anyways, I've probably asked dozens of attorneys on several websites about this and the majority say that WIC 1772 does relieve a juvenile sex offender of registration duties and others say they are not sure, no one has said that it doesn't. The reason I am seekig as much info as possible because my hearing is actually tomorrow to see if I will be able to be relieved an I am nervous about it. Not sure why I am so nervous since I've already been registering for so long anyways, I guess because it will be a huge burden lifted from my shoulders. I will find out tomorrow. I will repost the results after my hearing then we will know for sure.

  • Fri, Mar 29 2013 11:15 PM In reply to

    • Olopez
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    Re: Juvenile Offenders committed to California Youth Authori...

    Ok...so the verdict is that the case was indeed set aside and registration for 290 PC was terminated in accordance with Welf. and Instituions Code section 1772 and 1179(a) !!! I was informed that my juvenile case will remain confidential, meaning that it is still not accessible by the general public or employers. Also, only the select few government/federal agencies that do have access to the juvenile records will see that a juvenile charge was filed by the district attorney and that my plea was not guilty and the verdict was not guilty!!!! This is such a huge relief. 16 years later! I am so grateful that I no longer have this hanging over my head.

  • Sat, May 11 2013 2:31 AM In reply to

    • Olopez
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    Re: Juvenile Offenders committed to California Youth Authority

    gemini47:

    Olopez:
    discharged from the Department of Corrections and Rehabilitation, that was adjudicated in juvenile court, not California Youth Authority.

    Juvenile Justice aka CYA is a division of CDCR in CA. The statute doesn't have to spell it out in order for it to apply.   CYA is kiddie prison.   IF he was 14 or older and committed to CYA for a sex offense that is listed in 290.008 (c), the registration is for life.  Yes, I am aware of Chong K.  I would point out that it compares 1772 to 1203.4 and under 1203.4, an expungment or sealing does not relieve the offender from the duty to register under PC 290.    I also suspect at his disposition hearing he was told it was lifetime registration.  

     

    Ok, so after my verdict was set aside and I was relieved of my registration, I then re-petitioned to have my juvenile records sealed under Welfare and Instituions Code 781 and my petition was granted. I'm assuming that I may be the first person to have a 707(b) offense, including a 290 PC registration, dismissed and sealed (despite the new laws and proposition 21) after serving my time in the youth authority. I have come to this conclusion since several attorneys have said that it could not be done or they have not heard of it, and also since the majority of replies to my post have said it can't be done. I'm wondering if this will become a new case law (O. Lopez v. The People, May 2013) 

    This is such a great feeling, I feel like I went through a 6 year trial and was found not guilty.

  • Wed, Oct 2 2013 9:08 PM In reply to

    Re: Juvenile Offenders committed to California Youth Authori...

    How many different times did you try to set aside the verdict of guilty over the 16 years of having to register? I have a hearing on 10/25/13 at Eastlake. I wonder what are my chances even though I have a honorable discharge.  What do you think I can do to increase my chances of getting a decision in my favor? 

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