In re Harm R

In In re Harm R. (1979) 88 Cal.App.3d 438, the court analyzed the question of a juvenile's entitlement to precommitment credit as calling for interpretation of Welfare and Institutions Code section 726. 'Section 726 provides that when a minor is removed from the custody of his parents as the result of an order of wardship made pursuant to section 602, a minor may not be held in a physical confinement for longer than the underlying crime and physical confinement expressly includes juvenile hall. Thus, the 145 days in juvenile hall must be credited against the total time the minor may be held within the jurisdiction of the juvenile court.' (88 Cal.App.3d at p. 445.) Section 726, subdivision (c) of the Welfare and Institutions Code provides in relevant part: 'In any case in which the minor is removed from the physical custody of his parent or guardian as the result of an order of wardship made pursuant to Section 602, the order shall specify that the minor may not be held in physical confinement for a period in excess of the maximum term of imprisonment which could be imposed upon an adult convicted of the offense or offenses which brought or continued the minor under the jurisdiction of the juvenile court. para. As used in this section and in Section 731, "maximum term of imprisonment" means the longest of the three time periods set forth in paragraph (2) of subdivision (a) of Section 1170 of the Penal Code, but without the need to follow the provisions of subdivision (b) of Section 1170 of the Penal Code or to consider time for good behavior or participation pursuant to Sections 2930, 2931, and 2932 of the Penal Code, plus enhancements which must be proven if pled.'"