California Criminal Jury Instructions (CALCRIM) (2017)
3458. Extension of Commitment to Division of Juvenile Facilities (Welf. & Inst. Code, § 1800)Download PDF
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
2. The mental or physical deﬁciency, disorder, or abnormality
causes (him/her) serious difficulty in controlling (his/her)
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
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.
• 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].
• 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].
10 Witkin, Summary of California Law (10th ed. 2005) Parent and Child,
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