Probation Violation Juvenile Consequences In California
The amendments to the juvenile court law reflected an increased emphasis on punishment as a tool of rehabilitation. ( In re Asean D. (1993) 14 Cal. App. 4th 467, 473 17 Cal. Rptr. 2d 572; In re Michael D. (1987) 188 Cal. App. 3d 1392, 1396 234 Cal. Rptr. 103).
But there is still a significant difference between incarceration in prison and incarceration at a Youth Authority facility, "both in terms of conditions of restraint and in length of confinement." ( People v. Rocha (1982) 135 Cal. App. 3d 590, 596 186 Cal. Rptr. 132).
Incarceration in prison satisfies the primary purpose of punishing criminal behavior. (Ibid).
"The mission of the Authority, on the other hand, is not retribution but to protect society by rehabilitation." (Ibid.; see also In re Myresheia W. (1998) 61 Cal. App. 4th 734, 740-741 72 Cal. Rptr. 2d 65; Mardesich v. California Youthful Offender Parole Bd. (1999) 69 Cal. App. 4th 1361, 1367 82 Cal. Rptr. 2d 294).
The entirety of the statutory registration provisions reflects the exclusion of juveniles from the narcotics registration requirement.
The narcotics registration statutes are contained in division 10 of the Health and Safety Code which constitutes the Uniform Controlled Substances Act. Within that division, chapter 10 addresses the control of users of controlled substances.
Article 4, entitled Registration of Controlled Substance Offenders, consists of sections 11590 through 11594 as to the registration of narcotics offenders. As discussed above, section 11590, subdivision (a) provides the statutory authority for the court to order a narcotics offender to register with the statute.
A review of the remaining statutes in article 4's registration scheme is instructive. Section 11592 provides that any person who is "discharged or paroled from a jail, prison, school, road camp, or other institution where he or she was confined" because of the commission of one of the enumerated narcotics offenses, "shall, prior to such discharge, parole, or release,"be informed of his or her duty to register pursuant to section 11590 "by the official in charge of the place of confinement," who shall require the person to complete the forms mandated by the Department of Justice.
This section does not refer to a conviction, but only to the person's "commission or attempt to commit" one of the enumerated narcotics offenses.
Section 11593 provides that any person who "is convicted" of one of the enumerated offenses "and who is released on probation or discharged upon payment of a fine," shall be informed of the registration requirement "by the court in which he has been convicted." This section is obviously inapplicable to an adjudicated juvenile who has not been "convicted" of anything.
Finally, section 11594 sets forth the requirements for the "registration required by Section 11590 . . . ." the person must register with the Department of Justice, provide fingerprints and a photograph, and keep the department advised of his or her residence.
In addition, section 11594 sets forth the five-year limitation of the registration period, as follows: "All registration requirements set forth in this article shall terminate five years after the discharge from prison, release from jail or termination of probation or parole of the person convicted."
This section sets forth the five-year limitation for all narcotics registrations ordered pursuant to article 4, including the provisions of section 11590, subdivision (a).
As discussed above, an adjudicated minor has not been "convicted" of anything he or she cannot be considered as a convicted person whose probation or parole has been terminated.