California Criminal Jury Instructions (CALCRIM) (2017)

3458. Extension of Commitment to Division of Juvenile Facilities (Welf. & Inst. Code, § 1800)

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3458.Extension of Commitment to Division of Juvenile Facilities
(Welf. & Inst. Code, § 1800)
The petition alleges that <insert name of respondent> is
physically dangerous to the public because of a mental or physical
deficiency, disorder, or abnormality that causes (him/her) to have
serious difficulty controlling (his/her) dangerous behavior.
To prove this petition is true, the People must prove beyond a
reasonable doubt that:
1. (He/She) has a mental or physical deficiency, disorder, or
abnormality;
2. The mental or physical deficiency, disorder, or abnormality
causes (him/her) serious difficulty in controlling (his/her)
dangerous behavior;
AND
3. Because of (his/her) mental or physical deficiency, disorder, or
abnormality, (he/she) would be physically dangerous to the
public if released from custody.
You will receive [a] verdict form[s] on which to indicate your finding
whether the petition is true or not true. To find the petition true or not
true, all of you must agree. You may not find it to be true unless all of
you agree the People have proved it beyond a reasonable doubt.
New December 2008
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to instruct the jury about the basis for a finding
that a respondent is physically dangerous to the public.
The court also must give CALCRIM No. 219, Reasonable Doubt in Civil
Proceedings, CALCRIM No. 222, Evidence, CALCRIM No. 226, Witnesses,
CALCRIM No. 3550, Pre-Deliberation Instructions, and any other relevant post-
trial instructions. These instructions may need to be modified.
AUTHORITY
• Elements and Definitions. Welf. & Inst. Code, § 1800 et seq.
• Unanimous Verdict, Burden of Proof. Welf. & Inst. Code, § 1801.5;
Conservatorship of Roulet (1979) 23 Cal.3d 219, 235 [152 Cal.Rptr. 425, 590
P.2d 1] [discussing conservatorship proceedings under the Lanterman-Petris-
Short Act and civil commitment proceedings in general].
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• Serious Difficulty in Controlling Dangerous Behavior. In re Lemanuel C.
(2007) 41 Cal.4th 33 [58 Cal.Rptr.3d 597, 158 P.3d 148]; In re Howard N.
(2005) 35 Cal.4th 117 [24 Cal.Rptr.3d 866, 106 P.3d 305].
Secondary Sources
10 Witkin, Summary of California Law (10th ed. 2005) Parent and Child,
§§ 966–977.
3 Witkin & Epstein, California Criminal Law (3d ed. 2000) Punishment, § 87.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 125,
Postdisposition Proceedings, § 125.03 (Matthew Bender)
3459–3469. Reserved for Future Use
CALCRIM No. 3458 DEFENSES AND INSANITY
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