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Name: In re D. G.
Case #: A126655
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 07/30/2010
Summary

A probation condition banning the minor from within 150 feet of any school he does not attend was unreasonable. Appellant was made a ward of the court for burglarizing a house, and the juvenile court placed him on probation. One condition prohibited him from coming within 150 feet of any school except his own. The minor argued the condition was unreasonable under the Lent test and also violated his constitutional right to travel. Recognizing the juvenile court’s broad discretion in formulating probation conditions, the court nevertheless held there was no reasonable basis for the condition. None of appellant’s past or present offenses were committed on school grounds, so it has no relationship to the his crimes. The condition also relates to conduct which is not itself criminal. And there is also no reason to believe it is related to future criminality. The condition not only bans the minor from schools, but also from school vicinities. There are many legitimate reasons why the minor may need to come within 150 feet of a school. The court modified the condition to prohibit the minor from visiting school grounds without notifying the proper school authorities which is generally consistent with the requirements of Penal Code section 627.2.