Juveniles Under the Age of 19 Cannot be Placed in an Adult Jail

A recent California Court of Appeals case (People v. Ramon M.) held that a juvenile who has been declared a ward of the court is to be confined in juvenile jail facilities until he or she reaches the age of 19.

Ramon M. was in and out of custody from the time he was 14 years old. He had already been incarcerated in a juvenile facility, and was officially declared a ward of the court when he violated his probation and was again arrested. Ramon M. could not stay out of trouble and when he was again arrested (at age 18), the probation department ordered him to spend time in county (adult) jail until his case could be heard.

Ramon M. objected to the sentencing in county jail claiming that, as a ward of the juvenile court, he had to be placed in a juvenile facility until his case was heard and decided. Ramon M. relied on the California Welfare and Institutions Code (WIC) section 737(a): "Whenever a person has been adjudged a ward of the juvenile court and has been committed or otherwise disposed of as provided in this chapter for the care of wards of the juvenile court, the court may order that the ward be detained in the detention home, or in the case of a ward of the age of 18 years or more, in the county jail or otherwise as the court deems fit until the execution of the order of commitment or of other disposition."

When coupled with WIC Section 208.5(a): "Notwithstanding any other law, in any case in which a minor who is detained in or committed to a county institution established for the purpose of housing juveniles attains 18 years of age prior to or during the period of detention or confinement he or she may be allowed to come or remain in contact with those juveniles until 19 years of age, at which time he or she, upon the recommendation of the probation officer, shall be delivered to the custody of the sheriff for the remainder of the time he or she remains in custody, unless the juvenile court orders continued detention in a juvenile facility," Section 737 would seem to mandate that the juvenile under the age of 19 must be placed in a juvenile facility unless the court orders otherwise.

Juvenile laws are complex and easily misunderstood. On top of the complexity, juvenile courts are overwhelmed with a high case load and often overlook the subtleties of the law. For these reasons, it is important to hire the experienced juvenile defense attorneys at Wallin & Klarich. Our attorneys have the skill and expertise to provide juveniles with the best possible defense. Our attorneys can be reached by phone at 1-888-749-0034. We will be there when you call.