When this court initially decided this case, I agreed with the views expressed in the concurring opinion by Justice Thompson. (See Jesse W. v. Superior Court (1978) 20 Cal.3d 893, 899 et seq. [145 Cal.Rptr. 1, 576 P.2d 963].) I still adhere to those views. However, I join with my colleagues in holding that the People’s statutory construction arguments lack merit. Further, today’s decision by this court is consistent with the opinion of the Supreme Court in Swisher v. Brady (1978) 438 U.S. 204 [57 L.Ed.2d 705, 98 S.Ct. 2699].