People v. J.M. (In re J.M.)

In In re M.S. (2019) 32 Cal.App.5th 1177 ( M.S. ), petition for review filed April 17, 2019 (S255274), a majority of the Court of Appeal held that, due to the distinctions between adult criminal prosecutions and juvenile delinquency proceedings, the mental health diversion law does not apply to juvenile cases. ( M.S. , at p. 1192.) These distinctions include the circumstances that: a juvenile proceeding is commenced by the filing of a petition, not a criminal complaint; there are no jury trials in juvenile court, but rather, the court presides over jurisdictional hearings; there are no convictions in juvenile court, and instead, a juvenile court's findings that the petition's allegations are true will bring the juvenile within the court's jurisdiction; and there are no sentences in juvenile court, but rather, "a wide variety of rehabilitation alternatives" may be imposed at a disposition hearing. ( Ibid. ) In short, unlike the adult criminal justice system, in juvenile proceedings "there is [no] accusatory pleading, no possibility of conviction, and no punishment." ( Id. at p. 1193.) M.S. further noted that the primary purpose of the mental health diversion law-"to treat the mentally ill adult outside the criminal justice system rather than to punish them inside the system"-is unnecessary for juveniles because the juvenile justice system "is already separate and distinct from the criminal justice system." ( Ibid. )

J.M. argues M.S. was incorrectly decided for two reasons. First, citing In re Jovan B. (1993) 6 Cal.4th 801 , 25 Cal.Rptr.2d 428 , 863 P.2d 673 ( Jovan B. )

The Supreme Court distinguished Jovan B. in Derrick B. , supra , 39 Cal.4th 535 , 47 Cal.Rptr.3d 13 , 139 P.3d 485 . Derrick B. addressed Penal Code section 290, former subdivisions (a)(2)(A), which required sex offender registration for various offenses including sexual battery, and (a)(2)(E), which authorized a court to require registration in connection with unlisted offenses if the court made certain findings and stated reasons for the imposition. In holding that these registration provisions did not apply to juvenile proceedings, Derrick B. observed that a different subdivision pertaining to juveniles- Penal Code section 290, former subdivision (d)(3)-contained its own list of specific sex offenses requiring juvenile sex offender registration, and that such list did not include sexual battery. ( Derrick B. , supra , 39 Cal.4th at p. 546, 47 Cal.Rptr.3d 13 , 139 P.3d 485 .) Hence, unlike the situation in Jovan B. , there was "no broader context to expand upon the clear language chosen by the Legislature." ( Derrick B. , at p. 543, 47 Cal.Rptr.3d 13 , 139 P.3d 485 .)

Applying these principles to the instant matter, we agree with J.M. that the use of adult criminal terminology in the mental health diversion law is not, by itself, dispositive of whether Penal Code sections 1001.35 and 1001.36 exclude juveniles. But the analysis does not end there. Derrick B. instructs us to look to the broader context of the statutory structures involved, especially where, as here, the clear language chosen by Legislature acknowledges

Moreover, we note the Juvenile Court Law's deferred judgment provisions (§§ 790-796) resemble a diversion scheme in many respects-i.e.,

Applying the rational basis standard, we conclude J.M. fails to demonstrate an equal protection violation. " 'This standard of rationality does not depend upon whether lawmakers ever actually articulated the purpose they sought to achieve. Nor must the underlying rationale be empirically substantiated. [Citation.] While the realities of the subject matter cannot be completely ignored [citation], a court may engage in " 'rational speculation' " as to the justifications for the legislative choice [citation]. It is immaterial for rational basis review "whether or not" any such speculation has "a foundation in the record." ' [Citation.] To mount a successful rational basis challenge, a party must ' "negative every conceivable basis" ' that might support the disputed statutory disparity. [Citation.] If a plausible basis exists for the disparity, courts may not second-guess its ' "wisdom, fairness, or logic." ' " ( Johnson , supra , 60 Cal.4th at p. 881, 183 Cal.Rptr.3d 96 , 341 P.3d 1075 .)

As discussed, there are material differences between the adult and juvenile justice schemes with regard to their underlying purposes and to the treatment of offenders with mental health issues. (See ante , part G.1.) Thus, the Legislature could rationally devise and maintain a separate statutory scheme for juveniles that addresses their rehabilitative needs in delinquency proceedings and provides different criteria for potential diversion. ( Ibid. ) Because J.M. makes no meaningful attempt to negate every conceivable basis that might support the disputed statutory disparities, her equal protection claim fails.

WE CONCUR:

Siggins, P.J.

Petrou, J.

After ensuring that the defendant meets the above requirements, a trial court may order the defendant into a diversion program for "no longer than two years." ( Pen. Code, § 1001.36, subd. (c)(3).) If the defendant performs satisfactorily in the program, the court must dismiss the underlying charges. ( Id. , subd. (e).)

J.M. argues that the new law, as an ameliorative statute, applies retroactively to cases pending on appeal, and that she meets all six eligibility requirements. The People assert that the statute, which became effective June 27, 2018 (Stats. 2018, ch. 34, § 24)-after J.M.'s admission and the dispositional order-does not apply retroactively. The People further contend that the mental health diversion statute, by its terms, does not apply to juvenile cases, and that even if it did, J.M. has not demonstrated a prima facie case of her eligibility.

Whether or not the new mental diversion law applies to juveniles is a matter of statutory interpretation. Thus, " '[o]ur first step is to scrutinize the actual words of the statute, giving them a plain and commonsense meaning.' " ( Garcia v. McCutchen (1997) 16 Cal.4th 469 , 476, 66 Cal.Rptr.2d 319 , 940 P.2d 906 .) "When the statutory language is clear, we need go no further. If, however, the language supports more than one reasonable interpretation, we look to a variety of extrinsic aids, including the objects to be achieved, the evils to be remedied, the legislative history, the statutory scheme of which the statute is a part, and contemporaneous administrative construction, as well as questions of public policy." ( In re Derrick B. (2006) 39 Cal.4th 535 , 539-540, 47 Cal.Rptr.3d 13 , 139 P.3d 485 ( Derrick B. ).)

Penal Code sections 1001.35 and 1001.36 do, however, make frequent use of terminology applicable to "criminal" proceedings. Notably, a juvenile delinquency matter is not criminal in nature (§ 203), and unlike the adult justice system, which seeks to punish, the fundamental purpose of the juvenile justice system is to rehabilitate. ( People v. Vela (2018) 21 Cal.App.5th 1099 , 1104, 230 Cal.Rptr.3d 880 .) Furthermore, as the Legislature recognized in recently amending Proposition 57 to increase the number of minors retained under juvenile court jurisdiction, the juvenile system is very different from the adult system in

In Jovan B. , the California Supreme Court held that Penal Code section 12022.1 -which increases the period of imprisonment for a felony committed while the offender is out on bail or on his or her own recognizance (O.R.)-applies to juvenile delinquency proceedings. In so holding, Jovan B. concluded that the statute's use of criminal terminology, i.e., information, indictment, complaint, preliminary hearing, and sentencing, "cannot be dispositive of the question of whether the bail/O.R. enhancement applies to juvenile wards." ( Jovan B. , supra , 6 Cal.4th at p. 812, 25 Cal.Rptr.2d 428 , 863 P.2d 673 .) Observing that Welfare and Institutions Code section 726 expressly adopts the Penal Code's system of enhancements for purposes of computing a juvenile's maximum confinement or commitment, Jovan B. determined that section 726 intends to fully apply the enhancement scheme to juveniles "except insofar as the focus of a particular enhancement is manifestly at odds with the principles of juvenile law." ( Jovan B. , at p. 813, 25 Cal.Rptr.2d 428 , 863 P.2d 673 .) Jovan B. found that the criminal terminology in Penal Code section 12022.1 had "no special technical significance" and that the concerns leading to the enhancement statute applied equally to juvenile

The instant matter, however, is more akin to Derrick B. because juvenile courts are expressly required to consider " ' "the broadest range of information" in determining how best to rehabilitate a minor and afford him [of her] adequate care.' " ( In re Carlos J. , 22 Cal.App.5th 1 , 7, 231 Cal.Rptr.3d 160 .) Ensuring access to needed mental health treatment is part of the juvenile court's overarching responsibility to provide minors alleged to be wards with the necessary "care, treatment, and guidance that is consistent with their best interest, that holds them accountable for their behavior, and that is appropriate for their circumstances." (§ 202, subd. (b).). Moreover, the Juvenile Court Law has its own independent scheme for addressing minors alleged to be wards with serious mental disorders and other emotional and developmental issues. (§§ 710-713.)