KODY P. v. SUPERIOR COURT
Filed 3/22/06
CERTIFIED FOR PUBLICATION
COPY
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Butte)
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| KODY P., a Minor, Petitioner, v. THE SUPERIOR COURT OF BUTTE COUNTY, Respondent; THE PEOPLE et al., Real Parties in Interest. | C050918
(Super. Ct. No. J32058)
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ORIGINAL PROCEEDINGS in mandate. Richard A. Haugner, Judge. Petition granted.
Law Offices of Berg & Associates, Eric Alan Berg, and Teal M. Dixon for Petitioner.
No appearance for Respondent.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, Charles A. French, Supervising Deputy Attorney General, and Angelo S. Edralin, Deputy Attorney General for Real Parties in Interest.
This petition for writ of mandate was brought by a minor charged with a misdemeanor in a petition filed under Welfare and Institutions Code section 602.[1] The minor claims the Butte County Probation Department considered him suitable to participate in a program of informal supervision (see § 654) but denied him the opportunity to participate in the program based solely on his refusal to admit the offense. He further claims this was done pursuant to the probation department's policy and that the juvenile court has accepted and endorsed that policy.
As we shall explain, the probation representatives and the juvenile court have abused their discretion. The law requires an individualized assessment of a minor's suitability for informal supervision based on specified criteria. It is inconsistent with the nature of that assessment to apply a policy of categorical exclusion from informal supervision based on a minor's refusal to admit an offense. We shall direct the juvenile court to dismiss the section 602 petition and order the probation department to admit the minor to informal supervision.
BACKGROUND
Provided that informal supervision under section 654 is not otherwise prohibited,[2] the probation department may admit a minor to such a program in lieu of filing a section 601 petition or requesting a prosecutor to file a petition under section 601.3 or 602. The probation department is required to assess the case to determine whether informal supervision is warranted based on factors specified in the California Rules of Court. (See Cal. Rules of Court, rules 1404, 1405.) An informal supervision program may not exceed six months, but the probation department retains the discretion to file a section 601 petition or refer the matter to the prosecutor â€
