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Name: In re Schmidt
Case #: H029842
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 09/28/2006

Appellant, aged 34, sought release from CYA. In 1989, a 602 petition was sustained which alleged that the then 16-year old committed sodomy and first degree murder of a three-year-old girl. He was committed to CYA. At the age of 25, his commitment was extended pursuant to section 1800, and subsequently extended under that section for three additional two-year periods. In June, 2005, YOPB ordered his release on parole. The Board later rescinded the parole date because it did not have the authority to parole a person who has been committed under section 1800. The trial court granted his habeas petition, and the prosecutor appealed. The appellate court held that CYA is not authorized to release on parole a person committed under section 1800. However CYA is authorized under section 1800 to conditionally release appellant during the extended commitment period. Therefore, the court reversed the order granting appellant’s habeas petition and remanded back to the trial court with instructions to vacate the parole release date order and issue a new order remanding to the parole board for further proceedings. The court respectfully invited the legislature to review the statutory scheme for extended commitment to provide direction on the appropriate procedures for conditional release.