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Name: In re Brandon G.
Case #: B196011
Court: US Court of Appeals
District 2 DCA
Division: 1
Opinion Date: 03/07/2008

The revised section of Welfare & Institutions Code section 733, subdivision (c) which provides that on or after September 1, 2007, a ward under section 602 may not be committed to Department of Corrections and Rehabilitation, Juvenile Facilities (DJJ) if his most recent offense is not described in Welfare & Institutions Code section 707, subdivision (b), or is not a particular sex offense, is NOT retroactive and applies only to wards committed on or after September 1, 2007. Although a ward without a qualifying offense who is in an institution operated by DJJ after September 1, 2007, may have his commitment recalled, the court’s discretion to do so is triggered only by a recommendation of the chief probation officer, and in Brandon G.’s case, despite his adjudication for a nonqualifying offense, there was no evidence of such a recommendation by the probation officer.