People v. Carlos E.

Opinion

VARTABEDIAN, J.

In this matter of first impression, we determine whether Welfare and Institutions Code section 731 (further references are to this code unless stated otherwise), operative January 1, 2004, alters the method for determining the maximum term of confinement in the California Youth Authority (CYA). We find that, in light of the present language of section 731, the maximum term of a minor’s confinement must be discretionarily determined by the juvenile court based on the facts and circumstances placing the minor before the court, not to exceed the maximum time prescribed by…