SB 382: Juveniles: jurisdiction: sentencing.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-09-01
Existing law provides that certain minors who have committed specified crimes may be prosecuted under the general law in a court of criminal jurisdiction if the juvenile court concludes, after the evaluation of 5 criteria, that the minor is not a fit and proper subject to be dealt with under the juvenile court law.
This bill would enumerate, within each of those 5 criteria, certain factors that may be given weight.
Existing law generally provides that when a person is prosecuted for a criminal offense committed while he or she was under 18 years of age, he or she is subject to the same sentence as an adult convicted of the identical offense, except under certain circumstances, including, among others, when the conviction was for a type of offense that, in combination with the persons age at the time the offense was committed, would have made the person eligible for transfer to a court of criminal jurisdiction pursuant to a rebuttable presumption that the person is not a fit and proper subject to be dealt with under the juvenile court law, and the person prevails on a motion requesting that he or she receive a disposition under the juvenile court law. Existing law requires, in order to prevail on that motion, the person to demonstrate, by a preponderance of the evidence, that he or she is a fit and proper subject to be dealt with under the juvenile court law, based upon 5 specified criteria.
This bill would enumerate, within each of the 5 criteria, certain factors that may be given weight.
Existing law provides that certain minors who have committed specified crimes may be prosecuted under the general law in a court of criminal jurisdiction if the juvenile court concludes, after the evaluation of 5 criteria, that the minor is not a fit and proper subject to be dealt with under the juvenile court law.
This bill would enumerate, within each of those 5 criteria, certain factors that may be given weight.
Existing law generally provides that when a person is prosecuted for a criminal offense committed while he or she was under 18 years of age, he or she is subject to the same sentence as an adult convicted of the identical offense, except under certain circumstances, including, among others, when the conviction was for a type of offense that, in combination with the persons age at the time the offense was committed, would have made the person eligible for transfer to a court of criminal jurisdiction pursuant to a rebuttable presumption that the person is not a fit and proper subject to be dealt with under the juvenile court law, and the person prevails on a motion requesting that he or she receive a disposition under the juvenile court law. Existing law requires, in order to prevail on that motion, the person to demonstrate, by a preponderance of the evidence, that he or she is a fit and proper subject to be dealt with under the juvenile court law, based upon 5 specified criteria.
This bill would enumerate, within each of the 5 criteria, certain factors that may be given weight.
Existing law provides that certain minors who have committed specified crimes may be prosecuted under the general law in a court of criminal jurisdiction if the juvenile court concludes, after the evaluation of 5 criteria, that the minor is not a fit and proper subject to be dealt with under the juvenile court law.
This bill would enumerate, within each of those 5 criteria, certain factors that may be given weight.
Existing law generally provides that when a person is prosecuted for a criminal offense committed while he or she was under 18 years of age, he or she is subject to the same sentence as an adult convicted of the identical offense, except under certain circumstances, including, among others, when the conviction was for a type of offense that, in combination with the persons age at the time the offense was committed, would have made the person eligible for transfer to a court of criminal jurisdiction pursuant to a rebuttable presumption that the person is not a fit and proper subject to be dealt with under the juvenile court law, and the person prevails on a motion requesting that he or she receive a disposition under the juvenile court law. Existing law requires, in order to prevail on that motion, the person to demonstrate, by a preponderance of the evidence, that he or she is a fit and proper subject to be dealt with under the juvenile court law, based upon 5 specified criteria.
This bill would enumerate, within each of the 5 criteria, certain factors that may be given weight.
Existing law provides that certain minors who have committed specified crimes may be prosecuted under the general law in a court of criminal jurisdiction if the juvenile court concludes, after the evaluation of 5 criteria, that the minor is not a fit and proper subject to be dealt with under the juvenile court law.
This bill would enumerate, within each of those 5 criteria, certain factors that may be considered. given weight.
Existing law generally provides that when a person is prosecuted for a criminal offense committed while he or she was under 18 years of age, he or she is subject to the same sentence as an adult convicted of the identical offense, except under certain circumstances, including, among others, when the conviction was for a type of offense that, in combination with the persons age at the time the offense was committed, would have made the person eligible for transfer to a court of criminal jurisdiction pursuant to a rebuttable presumption that the person is not a fit and proper subject to be dealt with under the juvenile court law, and the person prevails on a motion requesting that he or she receive a disposition under the juvenile court law. Existing law requires, in order to prevail on that motion, the person to demonstrate, by a preponderance of the evidence, that he or she is a fit and proper subject to be dealt with under the juvenile court law, based upon 5 specified criteria.
This bill would enumerate, within each of the 5 criteria, certain factors that may be considered. given weight.
Existing law provides that certain minors who have committed specified crimes may be prosecuted under the general law in a court of criminal jurisdiction if the juvenile court concludes, after the evaluation of 5 criteria, that the minor is not a fit and proper subject to be dealt with under the juvenile court law.
This bill would enumerate, within each of those 5 criteria, certain factors that may be considered.
Existing law generally provides that when a person is prosecuted for a criminal offense committed while he or she was under 18 years of age, he or she is subject to the same sentence as an adult convicted of the identical offense, except under certain circumstances, including, among others, when the conviction was for a type of offense that, in combination with the persons age at the time the offense was committed, would have made the person eligible for transfer to a court of criminal jurisdiction pursuant to a rebuttable presumption that the person is not a fit and proper subject to be dealt with under the juvenile court law, and the person prevails on a motion requesting that he or she receive a disposition under the juvenile court law. Existing law requires, in order to prevail on that motion, the person to demonstrate, by a preponderance of the evidence, that he or she is a fit and proper subject to be dealt with under the juvenile court law, based upon 5 specified criteria.
This bill would enumerate, within each of the 5 criteria, certain factors that may be considered.
Existing law provides that certain minors who have committed specified crimes may be prosecuted under the general law in a court of criminal jurisdiction if the juvenile court concludes, after the evaluation of 5 criteria, that the minor is not a fit and proper subject to be dealt with under the juvenile court law.
This bill would enumerate, within each of those 5 criteria, certain factors that may be considered.
Existing law generally provides that when a person is prosecuted for a criminal offense committed while he or she was under 18 years of age, he or she is subject to the same sentence as an adult convicted of the identical offense, except under certain circumstances, including, among others, when the conviction was for a type of offense that, in combination with the persons age at the time the offense was committed, would have made the person eligible for transfer to a court of criminal jurisdiction pursuant to a rebuttable presumption that the person is not a fit and proper subject to be dealt with under the juvenile court law, and the person prevails on a motion requesting that he or she receive a disposition under the juvenile court law. Existing law requires, in order to prevail on that motion, the person to demonstrate, by a preponderance of the evidence, that he or she is a fit and proper subject to be dealt with under the juvenile court law, based upon 5 specified criteria.
This bill would enumerate, within each of the 5 criteria, certain factors that may be considered.
Existing law makes it a crime for a person, individually or in specified capacities, to sell, offer for sale, or to advertise himself or herself as one who sells or offers for sale, transportation on an individual fare basis on public highways, unless the transportation is provided by a carrier that is properly certified or permitted, as specified.
This bill would make technical, nonsubstantive changes to these provisions.
Existing law makes it a crime for a person, individually or in specified capacities, to sell, offer for sale, or to advertise himself or herself as one who sells or offers for sale, transportation on an individual fare basis on public highways, unless the transportation is provided by a carrier that is properly certified or permitted, as specified.
This bill would make technical, nonsubstantive changes to these provisions.
(a)When a person is prosecuted for a criminal offense committed while he or she was under 18 years of age and the prosecution was lawfully initiated in a court of criminal jurisdiction without a prior finding that the person is not a fit and proper subject to be dealt with under the juvenile court law, upon subsequent conviction for any criminal offense, the person shall be subject to the same sentence as an adult convicted of the identical offense, in accordance with subdivision (a) of Section 1170.19, except under the circumstances described in subdivision (b), (c), or (d).
(b)Where the conviction is for the type of offense which, in combination with the persons age at the time the offense was committed, makes the person eligible for transfer to a court of criminal jurisdiction, pursuant to a rebuttable presumption that the person is not a fit and proper subject to be dealt with under the juvenile court law, and the prosecution for the offense could not lawfully be initiated in a court of criminal jurisdiction, then either of the following shall apply:
(1)The person shall be subject to the same sentence as an adult convicted of the identical offense in accordance with the provisions set forth in subdivision (a) of Section 1170.19, unless the person prevails upon a motion brought pursuant to paragraph (2).
(2)Upon a motion brought by the person, the court shall order the probation department to prepare a written social study and recommendation concerning the persons fitness to be dealt with under the juvenile court law and the court shall either conduct a fitness hearing or suspend proceedings and remand the matter to the juvenile court to prepare a social study and make a determination of fitness. The person shall receive a disposition under the juvenile court law only if the person demonstrates, by a preponderance of the evidence, that he or she is a fit and proper subject to be dealt with under the juvenile court law, based upon each of the following five criteria:
(A)The degree of criminal sophistication exhibited by the person. This may include, but is not limited to, giving weight to the persons age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the offense, the persons impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the persons actions, and the effect of the persons family and community environment and childhood trauma on the persons criminal sophistication.
(B)Whether the person can be rehabilitated prior to the expiration of the juvenile courts jurisdiction. This may include, but is not limited to, giving weight to the minors potential to grow and mature.
(C)The persons previous delinquent history. This may include, but is not limited to, giving weight to the seriousness of the persons previous delinquent history and the effect of the persons family and community environment and childhood trauma on the persons previous delinquent behavior.
(D)Success of previous attempts by the juvenile court to rehabilitate the person. This may include, but is not limited to, giving weight to an analysis of the adequacy of the services previously provided to address the persons needs.
(E)The circumstances and gravity of the offense for which the person has been convicted. This may include, but is not limited to, giving weight to the actual behavior of the person, the mental state of the person, the persons degree of involvement in the crime, the level of harm actually caused by the person, and the persons mental and emotional development.
If the court conducting the fitness hearing finds that the person is not a fit and proper subject for juvenile court jurisdiction, then the person shall be sentenced by the court where he or she was convicted, in accordance with paragraph (1). If the court conducting the hearing on fitness finds that the person is a fit and proper subject for juvenile court jurisdiction, then the person shall be subject to a disposition in accordance with subdivision (b) of Section 1170.19.
(c)Where the conviction is for the type of offense which, in combination with the persons age at the time the offense was committed, makes the person eligible for transfer to a court of criminal jurisdiction, pursuant to a rebuttable presumption that the person is a fit and proper subject to be dealt with under the juvenile court law, then the person shall be sentenced as follows:
(1)The person shall be subject to a disposition under the juvenile court law, in accordance with the provisions of subdivision (b) of Section 1170.19, unless the district attorney prevails upon a motion, as described in paragraph (2).
(2)Upon a motion brought by the district attorney, the court shall order the probation department to prepare a written social study and recommendation concerning whether the person is a fit and proper subject to be dealt with under the juvenile court law. The court shall either conduct a fitness hearing or suspend proceedings and remand the matter to the juvenile court for a determination of fitness. The person shall be subject to a juvenile disposition under the juvenile court law unless the district attorney demonstrates, by a preponderance of the evidence, that the person is not a fit and proper subject to be dealt with under the juvenile court law, based upon the five criteria set forth in paragraph (2) of subdivision (b). If the person is found to be not a fit and proper subject to be dealt with under the juvenile court law, then the person shall be sentenced in the court where he or she was convicted, in accordance with the provisions set forth in subdivision (a) of Section 1170.19. If the person is found to be a fit and proper subject to be dealt with under the juvenile court law, the person shall be subject to a disposition, in accordance with the provisions of subdivision (b) of Section 1170.19.
(d)Where the conviction is for the type of offense which, in combination with the persons age, does not make the person eligible for transfer to a court of criminal jurisdiction, the person shall be subject to a disposition in accordance with the provisions of subdivision (b) of Section 1170.19.
SEC. 2.Section 707 of the Welfare and Institutions Code is amended to read:707.(a)(1)In any case in which a minor is alleged to be a person described in subdivision (a) of Section 602 by reason of the violation, when he or she was 16 years of age or older, of any criminal statute or ordinance except those listed in subdivision (b), upon motion of the petitioner made prior to the attachment of jeopardy the court shall cause the probation officer to investigate and submit a report on the behavioral patterns and social history of the minor being considered for a determination of unfitness. Following submission and consideration of the report, and of any other relevant evidence that the petitioner or the minor may wish to submit, the juvenile court may find that the minor is not a fit and proper subject to be dealt with under the juvenile court law if it concludes that the minor would not be amenable to the care, treatment, and training program available through the facilities of the juvenile court, based upon an evaluation of the criteria specified in clause (i) of subparagraphs (A) to (E), inclusive:
(A)(i)The degree of criminal sophistication exhibited by the minor.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may give weight to any relevant factor, including, but not limited to, the minors age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense, the minors impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the minors actions, and the effect of the minors family and community environment and childhood trauma on the minors criminal sophistication.
(B)(i)Whether the minor can be rehabilitated prior to the expiration of the juvenile courts jurisdiction.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may give weight to any relevant factor, including, but not limited to, the minors potential to grow and mature.
(C)(i)The minors previous delinquent history.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may give weight to any relevant factor, including, but not limited to, the seriousness of the minors previous delinquent history and the effect of the minors family and community environment and childhood trauma on the minors previous delinquent behavior.
(D)(i)Success of previous attempts by the juvenile court to rehabilitate the minor.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may give weight to any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minors needs.
(E)(i)The circumstances and gravity of the offense alleged in the petition to have been committed by the minor.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may give weight to any relevant factor, including, but not limited to, the actual behavior of the person, the mental state of the person, the persons degree of involvement in the crime, the level of harm actually caused by the person, and the persons mental and emotional development.
A determination that the minor is not a fit and proper subject to be dealt with under the juvenile court law may be based on any one or a combination of the factors set forth in clause (i) of subparagraphs (A) to (E), inclusive, which shall be recited in the order of unfitness. In any case in which a hearing has been noticed pursuant to this section, the court shall postpone the taking of a plea to the petition until the conclusion of the fitness hearing, and no plea that may have been entered already shall constitute evidence at the hearing.
(2)(A)This paragraph shall apply to a minor alleged to be a person described in Section 602 by reason of the violation, when he or she has attained 16 years of age, of any felony offense when the minor has been declared to be a ward of the court pursuant to Section 602 on one or more prior occasions if both of the following apply:
(i)The minor has previously been found to have committed two or more felony offenses.
(ii)The offenses upon which the prior petition or petitions were based were committed when the minor had attained 14 years of age.
(B)Upon motion of the petitioner made prior to the attachment of jeopardy the court shall cause the probation officer to investigate and submit a report on the behavioral patterns and social history of the minor being considered for a determination of unfitness. Following submission and consideration of the report, and of any other relevant evidence that the petitioner or the minor may wish to submit, the minor shall be presumed to be not a fit and proper subject to be dealt with under the juvenile court law unless the juvenile court concludes, based upon evidence, which evidence may be of extenuating or mitigating circumstances, that the minor would be amenable to the care, treatment, and training program available through the facilities of the juvenile court based upon an evaluation of the criteria specified in subclause (I) of clauses (i) to (v), inclusive:
(i)(I)The degree of criminal sophistication exhibited by the minor.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may give weight to any relevant factor, including, but not limited to, the minors age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense, the minors impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the minors actions, and the effect of the minors family and community environment and childhood trauma on the minors criminal sophistication.
(ii)(I)Whether the minor can be rehabilitated prior to the expiration of the juvenile courts jurisdiction.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may give weight to any relevant factor, including, but not limited to, the minors potential to grow and mature.
(iii)(I)The minors previous delinquent history.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may give weight to any relevant factor, including, but not limited to, the seriousness of the minors previous delinquent history and the effect of the minors family and community environment and childhood trauma on the minors previous delinquent behavior.
(iv)(I)Success of previous attempts by the juvenile court to rehabilitate the minor.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may give weight to any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minors needs.
(v)(I)The circumstances and gravity of the offense alleged in the petition to have been committed by the minor.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may give weight to any relevant factor, including, but not limited to, the actual behavior of the person, the mental state of the person, the persons degree of involvement in the crime, the level of harm actually caused by the person, and the persons mental and emotional development.
A determination that the minor is a fit and proper subject to be dealt with under the juvenile court law shall be based on a finding of amenability after consideration of the criteria set forth in subclause (I) of clauses (i) to (v), inclusive, and findings therefore recited in the order as to each of those criteria that the minor is fit and proper under each and every one of those criteria. In making a finding of fitness, the court may consider extenuating and mitigating circumstances in evaluating each of those criteria. In any case in which the hearing has been noticed pursuant to this section, the court shall postpone the taking of a plea to the petition until the conclusion of the fitness hearing and no plea that may have been entered already shall constitute evidence at the hearing. If the minor is found to be a fit and proper subject to be dealt with under the juvenile court law pursuant to this subdivision, the minor shall be committed to placement in a juvenile hall, ranch camp, forestry camp, boot camp, or secure juvenile home pursuant to Section 730, or in any institution operated by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(3)If, pursuant to this subdivision, the minor is found to be not a fit and proper subject for juvenile court treatment and is tried in a court of criminal jurisdiction and found guilty by the trier of fact, the judge may commit the minor to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to the state prison, unless the limitations specified in Section 1732.6 apply.
(b)Subdivision (c) shall be applicable in any case in which a minor is alleged to be a person described in Section 602 by reason of the violation of one of the following offenses:
(1)Murder.
(2)Arson, as provided in subdivision (a) or (b) of Section 451 of the Penal Code.
(3)Robbery.
(4)Rape with force, violence, or threat of great bodily harm.
(5)Sodomy by force, violence, duress, menace, or threat of great bodily harm.
(6)A lewd or lascivious act as provided in subdivision (b) of Section 288 of the Penal Code.
(7)Oral copulation by force, violence, duress, menace, or threat of great bodily harm.
(8)An offense specified in subdivision (a) of Section 289 of the Penal Code.
(9)Kidnapping for ransom.
(10)Kidnapping for purposes of robbery.
(11)Kidnapping with bodily harm.
(12)Attempted murder.
(13)Assault with a firearm or destructive device.
(14)Assault by any means of force likely to produce great bodily injury.
(15)Discharge of a firearm into an inhabited or occupied building.
(16)An offense described in Section 1203.09 of the Penal Code.
(17)An offense described in Section 12022.5 or 12022.53 of the Penal Code.
(18)A felony offense in which the minor personally used a weapon described in any provision listed in Section 16590 of the Penal Code.
(19)A felony offense described in Section 136.1 or 137 of the Penal Code.
(20)Manufacturing, compounding, or selling one-half ounce or more of a salt or solution of a controlled substance specified in subdivision (e) of Section 11055 of the Health and Safety Code.
(21)A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, which also would constitute a felony violation of subdivision (b) of Section 186.22 of the Penal Code.
(22)Escape, by the use of force or violence, from a county juvenile hall, home, ranch, camp, or forestry camp in violation of subdivision (b) of Section 871 if great bodily injury is intentionally inflicted upon an employee of the juvenile facility during the commission of the escape.
(23)Torture as described in Sections 206 and 206.1 of the Penal Code.
(24)Aggravated mayhem, as described in Section 205 of the Penal Code.
(25)Carjacking, as described in Section 215 of the Penal Code, while armed with a dangerous or deadly weapon.
(26)Kidnapping for purposes of sexual assault, as punishable in subdivision (b) of Section 209 of the Penal Code.
(27)Kidnapping as punishable in Section 209.5 of the Penal Code.
(28)The offense described in subdivision (c) of Section 26100 of the Penal Code.
(29)The offense described in Section 18745 of the Penal Code.
(30)Voluntary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code.
(c)With regard to a minor alleged to be a person described in Section 602 by reason of the violation, when he or she was 14 years of age or older, of any of the offenses listed in subdivision (b), upon motion of the petitioner made prior to the attachment of jeopardy the court shall cause the probation officer to investigate and submit a report on the behavioral patterns and social history of the minor being considered for a determination of unfitness. Following submission and consideration of the report, and of any other relevant evidence that the petitioner or the minor may wish to submit, the minor shall be presumed to be not a fit and proper subject to be dealt with under the juvenile court law unless the juvenile court concludes, based upon evidence, which evidence may be of extenuating or mitigating circumstances, that the minor would be amenable to the care, treatment, and training program available through the facilities of the juvenile court based upon an evaluation of each of the criteria specified in subparagraph (A) of paragraphs (1) to (5), inclusive:
(1)(A)The degree of criminal sophistication exhibited by the minor.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may give weight to any relevant factor, including, but not limited to, the minors age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense, the minors impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the minors actions, and the effect of the minors family and community environment and childhood trauma on the minors criminal sophistication.
(2)(A)Whether the minor can be rehabilitated prior to the expiration of the juvenile courts jurisdiction.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may give weight to any relevant factor, including, but not limited to, the minors potential to grow and mature.
(3)(A)The minors previous delinquent history.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may give weight to any relevant factor, including, but not limited to, the seriousness of the minors previous delinquent history and the effect of the minors family and community environment and childhood trauma on the minors previous delinquent behavior.
(4)(A)Success of previous attempts by the juvenile court to rehabilitate the minor.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may give weight to any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minors needs.
(5)(A)The circumstances and gravity of the offenses alleged in the petition to have been committed by the minor.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may give weight to any relevant factor, including, but not limited to, the actual behavior of the person, the mental state of the person, the persons degree of involvement in the crime, the level of harm actually caused by the person, and the persons mental and emotional development.
A determination that the minor is a fit and proper subject to be dealt with under the juvenile court law shall be based on a finding of amenability after consideration of the criteria set forth in subparagraph (A) of paragraphs (1) to (5), inclusive, and findings therefore recited in the order as to each of those criteria that the minor is fit and proper under each and every one of those criteria. In making a finding of fitness, the court may consider extenuating or mitigating circumstances in evaluating each of those criteria. In any case in which a hearing has been noticed pursuant to this section, the court shall postpone the taking of a plea to the petition until the conclusion of the fitness hearing and no plea which may have been entered already shall constitute evidence at the hearing. If, pursuant to this subdivision, the minor is found to be not a fit and proper subject for juvenile court treatment and is tried in a court of criminal jurisdiction and found guilty by the trier of fact, the judge may commit the minor to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to the state prison, unless the limitations specified in Section 1732.6 apply.
(d)(1)Except as provided in subdivision (b) of Section 602, the district attorney or other appropriate prosecuting officer may file an accusatory pleading in a court of criminal jurisdiction against any minor 16 years of age or older who is accused of committing an offense enumerated in subdivision (b).
(2)Except as provided in subdivision (b) of Section 602, the district attorney or other appropriate prosecuting officer may file an accusatory pleading against a minor 14 years of age or older in a court of criminal jurisdiction in any case in which any one or more of the following circumstances apply:
(A)The minor is alleged to have committed an offense that if committed by an adult would be punishable by death or imprisonment in the state prison for life.
(B)The minor is alleged to have personally used a firearm during the commission or attempted commission of a felony, as described in Section 12022.5 or 12022.53 of the Penal Code.
(C)The minor is alleged to have committed an offense listed in subdivision (b) in which any one or more of the following circumstances apply:
(i)The minor has previously been found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (b).
(ii)The offense was committed for the benefit of, at the direction of, or in association with any criminal street gang, as defined in subdivision (f) of Section 186.22 of the Penal Code, with the specific intent to promote, further, or assist in criminal conduct by gang members.
(iii)The offense was committed for the purpose of intimidating or interfering with any other persons free exercise or enjoyment of a right secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States and because of the other persons race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, or because the minor perceives that the other person has one or more of those characteristics, as described in Title 11.6 (commencing with Section 422.55) of Part 1 of the Penal Code.
(iv)The victim of the offense was 65 years of age or older, or blind, deaf, quadriplegic, paraplegic, developmentally disabled, or confined to a wheelchair, and that disability was known or reasonably should have been known to the minor at the time of the commission of the offense.
(3)Except as provided in subdivision (b) of Section 602, the district attorney or other appropriate prosecuting officer may file an accusatory pleading in a court of criminal jurisdiction against any minor 16 years of age or older who is accused of committing one or more of the following offenses, if the minor has previously been found to be a person described in Section 602 by reason of the violation of a felony offense, when he or she was 14 years of age or older:
(A)A felony offense in which it is alleged that the victim of the offense was 65 years of age or older, or blind, deaf, quadriplegic, paraplegic, developmentally disabled, or confined to a wheelchair, and that disability was known or reasonably should have been known to the minor at the time of the commission of the offense.
(B)A felony offense committed for the purposes of intimidating or interfering with any other persons free exercise or enjoyment of a right secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States and because of the other persons race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, or because the minor perceived that the other person had one or more of those characteristics, as described in Title 11.6 (commencing with Section 422.55) of Part 1 of the Penal Code.
(C)The offense was committed for the benefit of, at the direction of, or in association with any criminal street gang as prohibited by Section 186.22 of the Penal Code.
(4)In any case in which the district attorney or other appropriate prosecuting officer has filed an accusatory pleading against a minor in a court of criminal jurisdiction pursuant to this subdivision, the case shall then proceed according to the laws applicable to a criminal case. In conjunction with the preliminary hearing as provided in Section 738 of the Penal Code, the magistrate shall make a finding that reasonable cause exists to believe that the minor comes within this subdivision. If reasonable cause is not established, the criminal court shall transfer the case to the juvenile court having jurisdiction over the matter.
(5)For an offense for which the prosecutor may file the accusatory pleading in a court of criminal jurisdiction pursuant to this subdivision, but elects instead to file a petition in the juvenile court, if the minor is subsequently found to be a person described in subdivision (a) of Section 602, the minor shall be committed to placement in a juvenile hall, ranch camp, forestry camp, boot camp, or secure juvenile home pursuant to Section 730, or in any institution operated by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(6)If, pursuant to this subdivision, the minor is found to be not a fit and proper subject for juvenile court treatment and is tried in a court of criminal jurisdiction and found guilty by the trier of fact, the judge may commit the minor to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to the state prison, unless the limitations specified in Section 1732.6 apply.
(e)A report submitted by a probation officer pursuant to this section regarding the behavioral patterns and social history of the minor being considered for a determination of unfitness shall include any written or oral statement offered by the victim, the victims parent or guardian if the victim is a minor, or if the victim has died, the victims next of kin, as authorized by subdivision (b) of Section 656.2. Victims statements shall be considered by the court to the extent they are relevant to the courts determination of unfitness.
(a)When a person is prosecuted for a criminal offense committed while he or she was under 18 years of age and the prosecution was lawfully initiated in a court of criminal jurisdiction without a prior finding that the person is not a fit and proper subject to be dealt with under the juvenile court law, upon subsequent conviction for any criminal offense, the person shall be subject to the same sentence as an adult convicted of the identical offense, in accordance with subdivision (a) of Section 1170.19, except under the circumstances described in subdivision (b), (c), or (d).
(b)Where the conviction is for the type of offense which, in combination with the persons age at the time the offense was committed, makes the person eligible for transfer to a court of criminal jurisdiction, pursuant to a rebuttable presumption that the person is not a fit and proper subject to be dealt with under the juvenile court law, and the prosecution for the offense could not lawfully be initiated in a court of criminal jurisdiction, then either of the following shall apply:
(1)The person shall be subject to the same sentence as an adult convicted of the identical offense in accordance with the provisions set forth in subdivision (a) of Section 1170.19, unless the person prevails upon a motion brought pursuant to paragraph (2).
(2)Upon a motion brought by the person, the court shall order the probation department to prepare a written social study and recommendation concerning the persons fitness to be dealt with under the juvenile court law and the court shall either conduct a fitness hearing or suspend proceedings and remand the matter to the juvenile court to prepare a social study and make a determination of fitness. The person shall receive a disposition under the juvenile court law only if the person demonstrates, by a preponderance of the evidence, that he or she is a fit and proper subject to be dealt with under the juvenile court law, based upon each of the following five criteria:
(A)The degree of criminal sophistication exhibited by the person. This may include, but is not limited to, giving weight to the persons age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the offense, the persons impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the persons actions, and the effect of the persons family and community environment and childhood trauma on the persons criminal sophistication.
(B)Whether the person can be rehabilitated prior to the expiration of the juvenile courts jurisdiction. This may include, but is not limited to, giving weight to the minors potential to grow and mature.
(C)The persons previous delinquent history. This may include, but is not limited to, giving weight to the seriousness of the persons previous delinquent history and the effect of the persons family and community environment and childhood trauma on the persons previous delinquent behavior.
(D)Success of previous attempts by the juvenile court to rehabilitate the person. This may include, but is not limited to, giving weight to an analysis of the adequacy of the services previously provided to address the persons needs.
(E)The circumstances and gravity of the offense for which the person has been convicted. This may include, but is not limited to, giving weight to the actual behavior of the person, the mental state of the person, the persons degree of involvement in the crime, the level of harm actually caused by the person, and the persons mental and emotional development.
If the court conducting the fitness hearing finds that the person is not a fit and proper subject for juvenile court jurisdiction, then the person shall be sentenced by the court where he or she was convicted, in accordance with paragraph (1). If the court conducting the hearing on fitness finds that the person is a fit and proper subject for juvenile court jurisdiction, then the person shall be subject to a disposition in accordance with subdivision (b) of Section 1170.19.
(c)Where the conviction is for the type of offense which, in combination with the persons age at the time the offense was committed, makes the person eligible for transfer to a court of criminal jurisdiction, pursuant to a rebuttable presumption that the person is a fit and proper subject to be dealt with under the juvenile court law, then the person shall be sentenced as follows:
(1)The person shall be subject to a disposition under the juvenile court law, in accordance with the provisions of subdivision (b) of Section 1170.19, unless the district attorney prevails upon a motion, as described in paragraph (2).
(2)Upon a motion brought by the district attorney, the court shall order the probation department to prepare a written social study and recommendation concerning whether the person is a fit and proper subject to be dealt with under the juvenile court law. The court shall either conduct a fitness hearing or suspend proceedings and remand the matter to the juvenile court for a determination of fitness. The person shall be subject to a juvenile disposition under the juvenile court law unless the district attorney demonstrates, by a preponderance of the evidence, that the person is not a fit and proper subject to be dealt with under the juvenile court law, based upon the five criteria set forth in paragraph (2) of subdivision (b). If the person is found to be not a fit and proper subject to be dealt with under the juvenile court law, then the person shall be sentenced in the court where he or she was convicted, in accordance with the provisions set forth in subdivision (a) of Section 1170.19. If the person is found to be a fit and proper subject to be dealt with under the juvenile court law, the person shall be subject to a disposition, in accordance with the provisions of subdivision (b) of Section 1170.19.
(d)Where the conviction is for the type of offense which, in combination with the persons age, does not make the person eligible for transfer to a court of criminal jurisdiction, the person shall be subject to a disposition in accordance with the provisions of subdivision (b) of Section 1170.19.
SEC. 2.Section 707 of the Welfare and Institutions Code is amended to read:707.(a)(1)In any case in which a minor is alleged to be a person described in subdivision (a) of Section 602 by reason of the violation, when he or she was 16 years of age or older, of any criminal statute or ordinance except those listed in subdivision (b), upon motion of the petitioner made prior to the attachment of jeopardy the court shall cause the probation officer to investigate and submit a report on the behavioral patterns and social history of the minor being considered for a determination of unfitness. Following submission and consideration of the report, and of any other relevant evidence that the petitioner or the minor may wish to submit, the juvenile court may find that the minor is not a fit and proper subject to be dealt with under the juvenile court law if it concludes that the minor would not be amenable to the care, treatment, and training program available through the facilities of the juvenile court, based upon an evaluation of the criteria specified in clause (i) of subparagraphs (A) to (E), inclusive:
(A)(i)The degree of criminal sophistication exhibited by the minor.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may give weight to any relevant factor, including, but not limited to, the minors age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense, the minors impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the minors actions, and the effect of the minors family and community environment and childhood trauma on the minors criminal sophistication.
(B)(i)Whether the minor can be rehabilitated prior to the expiration of the juvenile courts jurisdiction.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may give weight to any relevant factor, including, but not limited to, the minors potential to grow and mature.
(C)(i)The minors previous delinquent history.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may give weight to any relevant factor, including, but not limited to, the seriousness of the minors previous delinquent history and the effect of the minors family and community environment and childhood trauma on the minors previous delinquent behavior.
(D)(i)Success of previous attempts by the juvenile court to rehabilitate the minor.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may give weight to any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minors needs.
(E)(i)The circumstances and gravity of the offense alleged in the petition to have been committed by the minor.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may give weight to any relevant factor, including, but not limited to, the actual behavior of the person, the mental state of the person, the persons degree of involvement in the crime, the level of harm actually caused by the person, and the persons mental and emotional development.
A determination that the minor is not a fit and proper subject to be dealt with under the juvenile court law may be based on any one or a combination of the factors set forth in clause (i) of subparagraphs (A) to (E), inclusive, which shall be recited in the order of unfitness. In any case in which a hearing has been noticed pursuant to this section, the court shall postpone the taking of a plea to the petition until the conclusion of the fitness hearing, and no plea that may have been entered already shall constitute evidence at the hearing.
(2)(A)This paragraph shall apply to a minor alleged to be a person described in Section 602 by reason of the violation, when he or she has attained 16 years of age, of any felony offense when the minor has been declared to be a ward of the court pursuant to Section 602 on one or more prior occasions if both of the following apply:
(i)The minor has previously been found to have committed two or more felony offenses.
(ii)The offenses upon which the prior petition or petitions were based were committed when the minor had attained 14 years of age.
(B)Upon motion of the petitioner made prior to the attachment of jeopardy the court shall cause the probation officer to investigate and submit a report on the behavioral patterns and social history of the minor being considered for a determination of unfitness. Following submission and consideration of the report, and of any other relevant evidence that the petitioner or the minor may wish to submit, the minor shall be presumed to be not a fit and proper subject to be dealt with under the juvenile court law unless the juvenile court concludes, based upon evidence, which evidence may be of extenuating or mitigating circumstances, that the minor would be amenable to the care, treatment, and training program available through the facilities of the juvenile court based upon an evaluation of the criteria specified in subclause (I) of clauses (i) to (v), inclusive:
(i)(I)The degree of criminal sophistication exhibited by the minor.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may give weight to any relevant factor, including, but not limited to, the minors age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense, the minors impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the minors actions, and the effect of the minors family and community environment and childhood trauma on the minors criminal sophistication.
(ii)(I)Whether the minor can be rehabilitated prior to the expiration of the juvenile courts jurisdiction.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may give weight to any relevant factor, including, but not limited to, the minors potential to grow and mature.
(iii)(I)The minors previous delinquent history.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may give weight to any relevant factor, including, but not limited to, the seriousness of the minors previous delinquent history and the effect of the minors family and community environment and childhood trauma on the minors previous delinquent behavior.
(iv)(I)Success of previous attempts by the juvenile court to rehabilitate the minor.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may give weight to any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minors needs.
(v)(I)The circumstances and gravity of the offense alleged in the petition to have been committed by the minor.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may give weight to any relevant factor, including, but not limited to, the actual behavior of the person, the mental state of the person, the persons degree of involvement in the crime, the level of harm actually caused by the person, and the persons mental and emotional development.
A determination that the minor is a fit and proper subject to be dealt with under the juvenile court law shall be based on a finding of amenability after consideration of the criteria set forth in subclause (I) of clauses (i) to (v), inclusive, and findings therefore recited in the order as to each of those criteria that the minor is fit and proper under each and every one of those criteria. In making a finding of fitness, the court may consider extenuating and mitigating circumstances in evaluating each of those criteria. In any case in which the hearing has been noticed pursuant to this section, the court shall postpone the taking of a plea to the petition until the conclusion of the fitness hearing and no plea that may have been entered already shall constitute evidence at the hearing. If the minor is found to be a fit and proper subject to be dealt with under the juvenile court law pursuant to this subdivision, the minor shall be committed to placement in a juvenile hall, ranch camp, forestry camp, boot camp, or secure juvenile home pursuant to Section 730, or in any institution operated by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(3)If, pursuant to this subdivision, the minor is found to be not a fit and proper subject for juvenile court treatment and is tried in a court of criminal jurisdiction and found guilty by the trier of fact, the judge may commit the minor to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to the state prison, unless the limitations specified in Section 1732.6 apply.
(b)Subdivision (c) shall be applicable in any case in which a minor is alleged to be a person described in Section 602 by reason of the violation of one of the following offenses:
(1)Murder.
(2)Arson, as provided in subdivision (a) or (b) of Section 451 of the Penal Code.
(3)Robbery.
(4)Rape with force, violence, or threat of great bodily harm.
(5)Sodomy by force, violence, duress, menace, or threat of great bodily harm.
(6)A lewd or lascivious act as provided in subdivision (b) of Section 288 of the Penal Code.
(7)Oral copulation by force, violence, duress, menace, or threat of great bodily harm.
(8)An offense specified in subdivision (a) of Section 289 of the Penal Code.
(9)Kidnapping for ransom.
(10)Kidnapping for purposes of robbery.
(11)Kidnapping with bodily harm.
(12)Attempted murder.
(13)Assault with a firearm or destructive device.
(14)Assault by any means of force likely to produce great bodily injury.
(15)Discharge of a firearm into an inhabited or occupied building.
(16)An offense described in Section 1203.09 of the Penal Code.
(17)An offense described in Section 12022.5 or 12022.53 of the Penal Code.
(18)A felony offense in which the minor personally used a weapon described in any provision listed in Section 16590 of the Penal Code.
(19)A felony offense described in Section 136.1 or 137 of the Penal Code.
(20)Manufacturing, compounding, or selling one-half ounce or more of a salt or solution of a controlled substance specified in subdivision (e) of Section 11055 of the Health and Safety Code.
(21)A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, which also would constitute a felony violation of subdivision (b) of Section 186.22 of the Penal Code.
(22)Escape, by the use of force or violence, from a county juvenile hall, home, ranch, camp, or forestry camp in violation of subdivision (b) of Section 871 if great bodily injury is intentionally inflicted upon an employee of the juvenile facility during the commission of the escape.
(23)Torture as described in Sections 206 and 206.1 of the Penal Code.
(24)Aggravated mayhem, as described in Section 205 of the Penal Code.
(25)Carjacking, as described in Section 215 of the Penal Code, while armed with a dangerous or deadly weapon.
(26)Kidnapping for purposes of sexual assault, as punishable in subdivision (b) of Section 209 of the Penal Code.
(27)Kidnapping as punishable in Section 209.5 of the Penal Code.
(28)The offense described in subdivision (c) of Section 26100 of the Penal Code.
(29)The offense described in Section 18745 of the Penal Code.
(30)Voluntary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code.
(c)With regard to a minor alleged to be a person described in Section 602 by reason of the violation, when he or she was 14 years of age or older, of any of the offenses listed in subdivision (b), upon motion of the petitioner made prior to the attachment of jeopardy the court shall cause the probation officer to investigate and submit a report on the behavioral patterns and social history of the minor being considered for a determination of unfitness. Following submission and consideration of the report, and of any other relevant evidence that the petitioner or the minor may wish to submit, the minor shall be presumed to be not a fit and proper subject to be dealt with under the juvenile court law unless the juvenile court concludes, based upon evidence, which evidence may be of extenuating or mitigating circumstances, that the minor would be amenable to the care, treatment, and training program available through the facilities of the juvenile court based upon an evaluation of each of the criteria specified in subparagraph (A) of paragraphs (1) to (5), inclusive:
(1)(A)The degree of criminal sophistication exhibited by the minor.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may give weight to any relevant factor, including, but not limited to, the minors age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense, the minors impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the minors actions, and the effect of the minors family and community environment and childhood trauma on the minors criminal sophistication.
(2)(A)Whether the minor can be rehabilitated prior to the expiration of the juvenile courts jurisdiction.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may give weight to any relevant factor, including, but not limited to, the minors potential to grow and mature.
(3)(A)The minors previous delinquent history.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may give weight to any relevant factor, including, but not limited to, the seriousness of the minors previous delinquent history and the effect of the minors family and community environment and childhood trauma on the minors previous delinquent behavior.
(4)(A)Success of previous attempts by the juvenile court to rehabilitate the minor.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may give weight to any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minors needs.
(5)(A)The circumstances and gravity of the offenses alleged in the petition to have been committed by the minor.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may give weight to any relevant factor, including, but not limited to, the actual behavior of the person, the mental state of the person, the persons degree of involvement in the crime, the level of harm actually caused by the person, and the persons mental and emotional development.
A determination that the minor is a fit and proper subject to be dealt with under the juvenile court law shall be based on a finding of amenability after consideration of the criteria set forth in subparagraph (A) of paragraphs (1) to (5), inclusive, and findings therefore recited in the order as to each of those criteria that the minor is fit and proper under each and every one of those criteria. In making a finding of fitness, the court may consider extenuating or mitigating circumstances in evaluating each of those criteria. In any case in which a hearing has been noticed pursuant to this section, the court shall postpone the taking of a plea to the petition until the conclusion of the fitness hearing and no plea which may have been entered already shall constitute evidence at the hearing. If, pursuant to this subdivision, the minor is found to be not a fit and proper subject for juvenile court treatment and is tried in a court of criminal jurisdiction and found guilty by the trier of fact, the judge may commit the minor to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to the state prison, unless the limitations specified in Section 1732.6 apply.
(d)(1)Except as provided in subdivision (b) of Section 602, the district attorney or other appropriate prosecuting officer may file an accusatory pleading in a court of criminal jurisdiction against any minor 16 years of age or older who is accused of committing an offense enumerated in subdivision (b).
(2)Except as provided in subdivision (b) of Section 602, the district attorney or other appropriate prosecuting officer may file an accusatory pleading against a minor 14 years of age or older in a court of criminal jurisdiction in any case in which any one or more of the following circumstances apply:
(A)The minor is alleged to have committed an offense that if committed by an adult would be punishable by death or imprisonment in the state prison for life.
(B)The minor is alleged to have personally used a firearm during the commission or attempted commission of a felony, as described in Section 12022.5 or 12022.53 of the Penal Code.
(C)The minor is alleged to have committed an offense listed in subdivision (b) in which any one or more of the following circumstances apply:
(i)The minor has previously been found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (b).
(ii)The offense was committed for the benefit of, at the direction of, or in association with any criminal street gang, as defined in subdivision (f) of Section 186.22 of the Penal Code, with the specific intent to promote, further, or assist in criminal conduct by gang members.
(iii)The offense was committed for the purpose of intimidating or interfering with any other persons free exercise or enjoyment of a right secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States and because of the other persons race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, or because the minor perceives that the other person has one or more of those characteristics, as described in Title 11.6 (commencing with Section 422.55) of Part 1 of the Penal Code.
(iv)The victim of the offense was 65 years of age or older, or blind, deaf, quadriplegic, paraplegic, developmentally disabled, or confined to a wheelchair, and that disability was known or reasonably should have been known to the minor at the time of the commission of the offense.
(3)Except as provided in subdivision (b) of Section 602, the district attorney or other appropriate prosecuting officer may file an accusatory pleading in a court of criminal jurisdiction against any minor 16 years of age or older who is accused of committing one or more of the following offenses, if the minor has previously been found to be a person described in Section 602 by reason of the violation of a felony offense, when he or she was 14 years of age or older:
(A)A felony offense in which it is alleged that the victim of the offense was 65 years of age or older, or blind, deaf, quadriplegic, paraplegic, developmentally disabled, or confined to a wheelchair, and that disability was known or reasonably should have been known to the minor at the time of the commission of the offense.
(B)A felony offense committed for the purposes of intimidating or interfering with any other persons free exercise or enjoyment of a right secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States and because of the other persons race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, or because the minor perceived that the other person had one or more of those characteristics, as described in Title 11.6 (commencing with Section 422.55) of Part 1 of the Penal Code.
(C)The offense was committed for the benefit of, at the direction of, or in association with any criminal street gang as prohibited by Section 186.22 of the Penal Code.
(4)In any case in which the district attorney or other appropriate prosecuting officer has filed an accusatory pleading against a minor in a court of criminal jurisdiction pursuant to this subdivision, the case shall then proceed according to the laws applicable to a criminal case. In conjunction with the preliminary hearing as provided in Section 738 of the Penal Code, the magistrate shall make a finding that reasonable cause exists to believe that the minor comes within this subdivision. If reasonable cause is not established, the criminal court shall transfer the case to the juvenile court having jurisdiction over the matter.
(5)For an offense for which the prosecutor may file the accusatory pleading in a court of criminal jurisdiction pursuant to this subdivision, but elects instead to file a petition in the juvenile court, if the minor is subsequently found to be a person described in subdivision (a) of Section 602, the minor shall be committed to placement in a juvenile hall, ranch camp, forestry camp, boot camp, or secure juvenile home pursuant to Section 730, or in any institution operated by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(6)If, pursuant to this subdivision, the minor is found to be not a fit and proper subject for juvenile court treatment and is tried in a court of criminal jurisdiction and found guilty by the trier of fact, the judge may commit the minor to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to the state prison, unless the limitations specified in Section 1732.6 apply.
(e)A report submitted by a probation officer pursuant to this section regarding the behavioral patterns and social history of the minor being considered for a determination of unfitness shall include any written or oral statement offered by the victim, the victims parent or guardian if the victim is a minor, or if the victim has died, the victims next of kin, as authorized by subdivision (b) of Section 656.2. Victims statements shall be considered by the court to the extent they are relevant to the courts determination of unfitness.
(a)When a person is prosecuted for a criminal offense committed while he or she was under 18 years of age and the prosecution was lawfully initiated in a court of criminal jurisdiction without a prior finding that the person is not a fit and proper subject to be dealt with under the juvenile court law, upon subsequent conviction for any criminal offense, the person shall be subject to the same sentence as an adult convicted of the identical offense, in accordance with subdivision (a) of Section 1170.19, except under the circumstances described in subdivision (b), (c), or (d).
(b)Where the conviction is for the type of offense which, in combination with the persons age at the time the offense was committed, makes the person eligible for transfer to a court of criminal jurisdiction, pursuant to a rebuttable presumption that the person is not a fit and proper subject to be dealt with under the juvenile court law, and the prosecution for the offense could not lawfully be initiated in a court of criminal jurisdiction, then either of the following shall apply:
(1)The person shall be subject to the same sentence as an adult convicted of the identical offense in accordance with the provisions set forth in subdivision (a) of Section 1170.19, unless the person prevails upon a motion brought pursuant to paragraph (2).
(2)Upon a motion brought by the person, the court shall order the probation department to prepare a written social study and recommendation concerning the persons fitness to be dealt with under the juvenile court law and the court shall either conduct a fitness hearing or suspend proceedings and remand the matter to the juvenile court to prepare a social study and make a determination of fitness. The person shall receive a disposition under the juvenile court law only if the person demonstrates, by a preponderance of the evidence, that he or she is a fit and proper subject to be dealt with under the juvenile court law, based upon each of the following five criteria:
(A)The degree of criminal sophistication exhibited by the person. This may include, but is not limited to, giving weight to the persons age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the offense, the persons impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the persons actions, and the effect of the persons family and community environment and childhood trauma on the persons criminal sophistication.
(B)Whether the person can be rehabilitated prior to the expiration of the juvenile courts jurisdiction. This may include, but is not limited to, giving weight to the persons minors potential to grow and mature, and the persons growth and maturation since the time that he or she committed the criminal offense. mature.
(C)The persons previous delinquent history. This may include, but is not limited to, giving weight to the seriousness of the persons previous delinquent history and the effect of the persons family and community environment and childhood trauma on the persons previous delinquent behavior.
(D)Success of previous attempts by the juvenile court to rehabilitate the person. This may include, but is not limited to, giving weight to an analysis of the adequacy of the services previously provided to address the persons needs.
(E)The circumstances and gravity of the offense for which the person has been convicted. This may include, but is not limited to, giving weight to the actual behavior of the person, the mental state of the person, the persons degree of involvement in the crime, the level of harm actually caused by the person, and the persons mental and emotional development.
If the court conducting the fitness hearing finds that the person is not a fit and proper subject for juvenile court jurisdiction, then the person shall be sentenced by the court where he or she was convicted, in accordance with paragraph (1). If the court conducting the hearing on fitness finds that the person is a fit and proper subject for juvenile court jurisdiction, then the person shall be subject to a disposition in accordance with subdivision (b) of Section 1170.19.
(c)Where the conviction is for the type of offense which, in combination with the persons age at the time the offense was committed, makes the person eligible for transfer to a court of criminal jurisdiction, pursuant to a rebuttable presumption that the person is a fit and proper subject to be dealt with under the juvenile court law, then the person shall be sentenced as follows:
(1)The person shall be subject to a disposition under the juvenile court law, in accordance with the provisions of subdivision (b) of Section 1170.19, unless the district attorney prevails upon a motion, as described in paragraph (2).
(2)Upon a motion brought by the district attorney, the court shall order the probation department to prepare a written social study and recommendation concerning whether the person is a fit and proper subject to be dealt with under the juvenile court law. The court shall either conduct a fitness hearing or suspend proceedings and remand the matter to the juvenile court for a determination of fitness. The person shall be subject to a juvenile disposition under the juvenile court law unless the district attorney demonstrates, by a preponderance of the evidence, that the person is not a fit and proper subject to be dealt with under the juvenile court law, based upon the five criteria set forth in paragraph (2) of subdivision (b). If the person is found to be not a fit and proper subject to be dealt with under the juvenile court law, then the person shall be sentenced in the court where he or she was convicted, in accordance with the provisions set forth in subdivision (a) of Section 1170.19. If the person is found to be a fit and proper subject to be dealt with under the juvenile court law, the person shall be subject to a disposition, in accordance with the provisions of subdivision (b) of Section 1170.19.
(d)Where the conviction is for the type of offense which, in combination with the persons age, does not make the person eligible for transfer to a court of criminal jurisdiction, the person shall be subject to a disposition in accordance with the provisions of subdivision (b) of Section 1170.19.
SEC. 2.Section 707 of the Welfare and Institutions Code is amended to read:707.(a)(1)In any case in which a minor is alleged to be a person described in subdivision (a) of Section 602 by reason of the violation, when he or she was 16 years of age or older, of any criminal statute or ordinance except those listed in subdivision (b), upon motion of the petitioner made prior to the attachment of jeopardy the court shall cause the probation officer to investigate and submit a report on the behavioral patterns and social history of the minor being considered for a determination of unfitness. Following submission and consideration of the report, and of any other relevant evidence that the petitioner or the minor may wish to submit, the juvenile court may find that the minor is not a fit and proper subject to be dealt with under the juvenile court law if it concludes that the minor would not be amenable to the care, treatment, and training program available through the facilities of the juvenile court, based upon an evaluation of the criteria specified in clause (i) of subparagraphs (A) to (E), inclusive:
(A)(i)The degree of criminal sophistication exhibited by the minor.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may give weight to any relevant factor, including, but not limited to, the minors age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense, the minors impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the minors actions, and the effect of the minors family and community environment and childhood trauma on the minors criminal sophistication.
(B)(i)Whether the minor can be rehabilitated prior to the expiration of the juvenile courts jurisdiction.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may give weight to any relevant factor, including, but not limited to, the minors potential to grow and mature.
(C)(i)The minors previous delinquent history.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may give weight to any relevant factor, including, but not limited to, the seriousness of the minors previous delinquent history and the effect of the minors family and community environment and childhood trauma on the minors previous delinquent behavior.
(D)(i)Success of previous attempts by the juvenile court to rehabilitate the minor.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may give weight to any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minors needs.
(E)(i)The circumstances and gravity of the offense alleged in the petition to have been committed by the minor.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may give weight to any relevant factor, including, but not limited to, the actual behavior of the person, the mental state of the person, the persons degree of involvement in the crime, the level of harm actually caused by the minor, person, and the minors persons mental and emotional development.
A determination that the minor is not a fit and proper subject to be dealt with under the juvenile court law may be based on any one or a combination of the factors set forth in clause (i) of subparagraphs (A) to (E), inclusive, which shall be recited in the order of unfitness. In any case in which a hearing has been noticed pursuant to this section, the court shall postpone the taking of a plea to the petition until the conclusion of the fitness hearing, and no plea that may have been entered already shall constitute evidence at the hearing.
(2)(A)This paragraph shall apply to a minor alleged to be a person described in Section 602 by reason of the violation, when he or she has attained 16 years of age, of any felony offense when the minor has been declared to be a ward of the court pursuant to Section 602 on one or more prior occasions if both of the following apply:
(i)The minor has previously been found to have committed two or more felony offenses.
(ii)The offenses upon which the prior petition or petitions were based were committed when the minor had attained 14 years of age.
(B)Upon motion of the petitioner made prior to the attachment of jeopardy the court shall cause the probation officer to investigate and submit a report on the behavioral patterns and social history of the minor being considered for a determination of unfitness. Following submission and consideration of the report, and of any other relevant evidence that the petitioner or the minor may wish to submit, the minor shall be presumed to be not a fit and proper subject to be dealt with under the juvenile court law unless the juvenile court concludes, based upon evidence, which evidence may be of extenuating or mitigating circumstances, that the minor would be amenable to the care, treatment, and training program available through the facilities of the juvenile court based upon an evaluation of the criteria specified in subclause (I) of clauses (i) to (v), inclusive:
(i)(I)The degree of criminal sophistication exhibited by the minor.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may give weight to any relevant factor, including, but not limited to, the minors age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense, the minors impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the minors actions, and the effect of the minors family and community environment and childhood trauma on the minors criminal sophistication.
(ii)(I)Whether the minor can be rehabilitated prior to the expiration of the juvenile courts jurisdiction.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may give weight to any relevant factor, including, but not limited to, the minors potential to grow and mature.
(iii)(I)The minors previous delinquent history.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may give weight to any relevant factor, including, but not limited to, the seriousness of the minors previous delinquent history and the effect of the minors family and community environment and childhood trauma on the minors previous delinquent behavior.
(iv)(I)Success of previous attempts by the juvenile court to rehabilitate the minor.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may give weight to any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minors needs.
(v)(I)The circumstances and gravity of the offense alleged in the petition to have been committed by the minor.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may give weight to any relevant factor, including, but not limited to, the actual behavior of the person, the mental state of the person, the persons degree of involvement in the crime, the level of harm actually caused by the minor, person, and the minors persons mental and emotional development.
A determination that the minor is a fit and proper subject to be dealt with under the juvenile court law shall be based on a finding of amenability after consideration of the criteria set forth in subclause (I) of clauses (i) to (v), inclusive, and findings therefore recited in the order as to each of those criteria that the minor is fit and proper under each and every one of those criteria. In making a finding of fitness, the court may consider extenuating and mitigating circumstances in evaluating each of those criteria. In any case in which the hearing has been noticed pursuant to this section, the court shall postpone the taking of a plea to the petition until the conclusion of the fitness hearing and no plea that may have been entered already shall constitute evidence at the hearing. If the minor is found to be a fit and proper subject to be dealt with under the juvenile court law pursuant to this subdivision, the minor shall be committed to placement in a juvenile hall, ranch camp, forestry camp, boot camp, or secure juvenile home pursuant to Section 730, or in any institution operated by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(3)If, pursuant to this subdivision, the minor is found to be not a fit and proper subject for juvenile court treatment and is tried in a court of criminal jurisdiction and found guilty by the trier of fact, the judge may commit the minor to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to the state prison, unless the limitations specified in Section 1732.6 apply.
(b)Subdivision (c) shall be applicable in any case in which a minor is alleged to be a person described in Section 602 by reason of the violation of one of the following offenses:
(1)Murder.
(2)Arson, as provided in subdivision (a) or (b) of Section 451 of the Penal Code.
(3)Robbery.
(4)Rape with force, violence, or threat of great bodily harm.
(5)Sodomy by force, violence, duress, menace, or threat of great bodily harm.
(6)A lewd or lascivious act as provided in subdivision (b) of Section 288 of the Penal Code.
(7)Oral copulation by force, violence, duress, menace, or threat of great bodily harm.
(8)An offense specified in subdivision (a) of Section 289 of the Penal Code.
(9)Kidnapping for ransom.
(10)Kidnapping for purposes of robbery.
(11)Kidnapping with bodily harm.
(12)Attempted murder.
(13)Assault with a firearm or destructive device.
(14)Assault by any means of force likely to produce great bodily injury.
(15)Discharge of a firearm into an inhabited or occupied building.
(16)An offense described in Section 1203.09 of the Penal Code.
(17)An offense described in Section 12022.5 or 12022.53 of the Penal Code.
(18)A felony offense in which the minor personally used a weapon described in any provision listed in Section 16590 of the Penal Code.
(19)A felony offense described in Section 136.1 or 137 of the Penal Code.
(20)Manufacturing, compounding, or selling one-half ounce or more of a salt or solution of a controlled substance specified in subdivision (e) of Section 11055 of the Health and Safety Code.
(21)A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, which also would constitute a felony violation of subdivision (b) of Section 186.22 of the Penal Code.
(22)Escape, by the use of force or violence, from a county juvenile hall, home, ranch, camp, or forestry camp in violation of subdivision (b) of Section 871 if great bodily injury is intentionally inflicted upon an employee of the juvenile facility during the commission of the escape.
(23)Torture as described in Sections 206 and 206.1 of the Penal Code.
(24)Aggravated mayhem, as described in Section 205 of the Penal Code.
(25)Carjacking, as described in Section 215 of the Penal Code, while armed with a dangerous or deadly weapon.
(26)Kidnapping for purposes of sexual assault, as punishable in subdivision (b) of Section 209 of the Penal Code.
(27)Kidnapping as punishable in Section 209.5 of the Penal Code.
(28)The offense described in subdivision (c) of Section 26100 of the Penal Code.
(29)The offense described in Section 18745 of the Penal Code.
(30)Voluntary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code.
(c)With regard to a minor alleged to be a person described in Section 602 by reason of the violation, when he or she was 14 years of age or older, of any of the offenses listed in subdivision (b), upon motion of the petitioner made prior to the attachment of jeopardy the court shall cause the probation officer to investigate and submit a report on the behavioral patterns and social history of the minor being considered for a determination of unfitness. Following submission and consideration of the report, and of any other relevant evidence that the petitioner or the minor may wish to submit, the minor shall be presumed to be not a fit and proper subject to be dealt with under the juvenile court law unless the juvenile court concludes, based upon evidence, which evidence may be of extenuating or mitigating circumstances, that the minor would be amenable to the care, treatment, and training program available through the facilities of the juvenile court based upon an evaluation of each of the criteria specified in subparagraph (A) of paragraphs (1) to (5), inclusive:
(1)(A)The degree of criminal sophistication exhibited by the minor.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may give weight to any relevant factor, including, but not limited to, the minors age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense, the minors impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the minors actions, and the effect of the minors family and community environment and childhood trauma on the minors criminal sophistication.
(2)(A)Whether the minor can be rehabilitated prior to the expiration of the juvenile courts jurisdiction.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may give weight to any relevant factor, including, but not limited to, the minors potential to grow and mature.
(3)(A)The minors previous delinquent history.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may give weight to any relevant factor, including, but not limited to, the seriousness of the minors previous delinquent history and the effect of the minors family and community environment and childhood trauma on the minors previous delinquent behavior.
(4)(A)Success of previous attempts by the juvenile court to rehabilitate the minor.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may give weight to any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minors needs.
(5)(A)The circumstances and gravity of the offenses alleged in the petition to have been committed by the minor.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may give weight to any relevant factor, including, but not limited to, the actual behavior of the person, the mental state of the person, the persons degree of involvement in the crime, the level of harm actually caused by the minor, person, and the minors persons mental and emotional development.
A determination that the minor is a fit and proper subject to be dealt with under the juvenile court law shall be based on a finding of amenability after consideration of the criteria set forth in subparagraph (A) of paragraphs (1) to (5), inclusive, and findings therefore recited in the order as to each of those criteria that the minor is fit and proper under each and every one of those criteria. In making a finding of fitness, the court may consider extenuating or mitigating circumstances in evaluating each of those criteria. In any case in which a hearing has been noticed pursuant to this section, the court shall postpone the taking of a plea to the petition until the conclusion of the fitness hearing and no plea which may have been entered already shall constitute evidence at the hearing. If, pursuant to this subdivision, the minor is found to be not a fit and proper subject for juvenile court treatment and is tried in a court of criminal jurisdiction and found guilty by the trier of fact, the judge may commit the minor to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to the state prison, unless the limitations specified in Section 1732.6 apply.
(d)(1)Except as provided in subdivision (b) of Section 602, the district attorney or other appropriate prosecuting officer may file an accusatory pleading in a court of criminal jurisdiction against any minor 16 years of age or older who is accused of committing an offense enumerated in subdivision (b).
(2)Except as provided in subdivision (b) of Section 602, the district attorney or other appropriate prosecuting officer may file an accusatory pleading against a minor 14 years of age or older in a court of criminal jurisdiction in any case in which any one or more of the following circumstances apply:
(A)The minor is alleged to have committed an offense that if committed by an adult would be punishable by death or imprisonment in the state prison for life.
(B)The minor is alleged to have personally used a firearm during the commission or attempted commission of a felony, as described in Section 12022.5 or 12022.53 of the Penal Code.
(C)The minor is alleged to have committed an offense listed in subdivision (b) in which any one or more of the following circumstances apply:
(i)The minor has previously been found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (b).
(ii)The offense was committed for the benefit of, at the direction of, or in association with any criminal street gang, as defined in subdivision (f) of Section 186.22 of the Penal Code, with the specific intent to promote, further, or assist in criminal conduct by gang members.
(iii)The offense was committed for the purpose of intimidating or interfering with any other persons free exercise or enjoyment of a right secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States and because of the other persons race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, or because the minor perceives that the other person has one or more of those characteristics, as described in Title 11.6 (commencing with Section 422.55) of Part 1 of the Penal Code.
(iv)The victim of the offense was 65 years of age or older, or blind, deaf, quadriplegic, paraplegic, developmentally disabled, or confined to a wheelchair, and that disability was known or reasonably should have been known to the minor at the time of the commission of the offense.
(3)Except as provided in subdivision (b) of Section 602, the district attorney or other appropriate prosecuting officer may file an accusatory pleading in a court of criminal jurisdiction against any minor 16 years of age or older who is accused of committing one or more of the following offenses, if the minor has previously been found to be a person described in Section 602 by reason of the violation of a felony offense, when he or she was 14 years of age or older:
(A)A felony offense in which it is alleged that the victim of the offense was 65 years of age or older, or blind, deaf, quadriplegic, paraplegic, developmentally disabled, or confined to a wheelchair, and that disability was known or reasonably should have been known to the minor at the time of the commission of the offense.
(B)A felony offense committed for the purposes of intimidating or interfering with any other persons free exercise or enjoyment of a right secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States and because of the other persons race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, or because the minor perceived that the other person had one or more of those characteristics, as described in Title 11.6 (commencing with Section 422.55) of Part 1 of the Penal Code.
(C)The offense was committed for the benefit of, at the direction of, or in association with any criminal street gang as prohibited by Section 186.22 of the Penal Code.
(4)In any case in which the district attorney or other appropriate prosecuting officer has filed an accusatory pleading against a minor in a court of criminal jurisdiction pursuant to this subdivision, the case shall then proceed according to the laws applicable to a criminal case. In conjunction with the preliminary hearing as provided in Section 738 of the Penal Code, the magistrate shall make a finding that reasonable cause exists to believe that the minor comes within this subdivision. If reasonable cause is not established, the criminal court shall transfer the case to the juvenile court having jurisdiction over the matter.
(5)For an offense for which the prosecutor may file the accusatory pleading in a court of criminal jurisdiction pursuant to this subdivision, but elects instead to file a petition in the juvenile court, if the minor is subsequently found to be a person described in subdivision (a) of Section 602, the minor shall be committed to placement in a juvenile hall, ranch camp, forestry camp, boot camp, or secure juvenile home pursuant to Section 730, or in any institution operated by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(6)If, pursuant to this subdivision, the minor is found to be not a fit and proper subject for juvenile court treatment and is tried in a court of criminal jurisdiction and found guilty by the trier of fact, the judge may commit the minor to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to the state prison, unless the limitations specified in Section 1732.6 apply.
(e)A report submitted by a probation officer pursuant to this section regarding the behavioral patterns and social history of the minor being considered for a determination of unfitness shall include any written or oral statement offered by the victim, the victims parent or guardian if the victim is a minor, or if the victim has died, the victims next of kin, as authorized by subdivision (b) of Section 656.2. Victims statements shall be considered by the court to the extent they are relevant to the courts determination of unfitness.
(a)When a person is prosecuted for a criminal offense committed while he or she was under 18 years of age and the prosecution was lawfully initiated in a court of criminal jurisdiction without a prior finding that the person is not a fit and proper subject to be dealt with under the juvenile court law, upon subsequent conviction for any criminal offense, the person shall be subject to the same sentence as an adult convicted of the identical offense, in accordance with subdivision (a) of Section 1170.19, except under the circumstances described in subdivision (b), (c), or (d).
(b)Where the conviction is for the type of offense which, in combination with the persons age at the time the offense was committed, makes the person eligible for transfer to a court of criminal jurisdiction, pursuant to a rebuttable presumption that the person is not a fit and proper subject to be dealt with under the juvenile court law, and the prosecution for the offense could not lawfully be initiated in a court of criminal jurisdiction, then either of the following shall apply:
(1)The person shall be subject to the same sentence as an adult convicted of the identical offense in accordance with the provisions set forth in subdivision (a) of Section 1170.19, unless the person prevails upon a motion brought pursuant to paragraph (2).
(2)Upon a motion brought by the person, the court shall order the probation department to prepare a written social study and recommendation concerning the persons fitness to be dealt with under the juvenile court law and the court shall either conduct a fitness hearing or suspend proceedings and remand the matter to the juvenile court to prepare a social study and make a determination of fitness. The person shall receive a disposition under the juvenile court law only if the person demonstrates, by a preponderance of the evidence, that he or she is a fit and proper subject to be dealt with under the juvenile court law, based upon each of the following five criteria:
(A)The degree of criminal sophistication exhibited by the person. This may include, but is not limited to, consideration of giving weight to the persons age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the offense, the persons impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the persons actions, and the effect of the persons family and community environment and childhood trauma on the persons criminal sophistication.
(B)Whether the person can be rehabilitated prior to the expiration of the juvenile courts jurisdiction. This may include, but is not limited to, consideration of giving weight to the persons potential to grow and mature, and the persons growth and maturation since the time that he or she committed the criminal offense.
(C)The persons previous delinquent history. This may include, but is not limited to, consideration of giving weight to the seriousness of the persons previous delinquent history and the effect of the persons family and community environment and childhood trauma on the persons previous delinquent behavior.
(D)Success of previous attempts by the juvenile court to rehabilitate the person. This may include, but is not limited to, giving weight to an analysis of the adequacy of the services previously provided to address the persons needs.
(E)The circumstances and gravity of the offense for which the person has been convicted. This may include, but is not limited to, consideration of giving weight to the actual behavior of the person, the mental state of the person, the persons degree of involvement in the crime, the level of harm actually caused by the person, and the persons mental and emotional development.
If the court conducting the fitness hearing finds that the person is not a fit and proper subject for juvenile court jurisdiction, then the person shall be sentenced by the court where he or she was convicted, in accordance with paragraph (1). If the court conducting the hearing on fitness finds that the person is a fit and proper subject for juvenile court jurisdiction, then the person shall be subject to a disposition in accordance with subdivision (b) of Section 1170.19.
(c)Where the conviction is for the type of offense which, in combination with the persons age at the time the offense was committed, makes the person eligible for transfer to a court of criminal jurisdiction, pursuant to a rebuttable presumption that the person is a fit and proper subject to be dealt with under the juvenile court law, then the person shall be sentenced as follows:
(1)The person shall be subject to a disposition under the juvenile court law, in accordance with the provisions of subdivision (b) of Section 1170.19, unless the district attorney prevails upon a motion, as described in paragraph (2).
(2)Upon a motion brought by the district attorney, the court shall order the probation department to prepare a written social study and recommendation concerning whether the person is a fit and proper subject to be dealt with under the juvenile court law. The court shall either conduct a fitness hearing or suspend proceedings and remand the matter to the juvenile court for a determination of fitness. The person shall be subject to a juvenile disposition under the juvenile court law unless the district attorney demonstrates, by a preponderance of the evidence, that the person is not a fit and proper subject to be dealt with under the juvenile court law, based upon the five criteria set forth in paragraph (2) of subdivision (b). If the person is found to be not a fit and proper subject to be dealt with under the juvenile court law, then the person shall be sentenced in the court where he or she was convicted, in accordance with the provisions set forth in subdivision (a) of Section 1170.19. If the person is found to be a fit and proper subject to be dealt with under the juvenile court law, the person shall be subject to a disposition, in accordance with the provisions of subdivision (b) of Section 1170.19.
(d)Where the conviction is for the type of offense which, in combination with the persons age, does not make the person eligible for transfer to a court of criminal jurisdiction, the person shall be subject to a disposition in accordance with the provisions of subdivision (b) of Section 1170.19.
SEC. 2.Section 707 of the Welfare and Institutions Code is amended to read:707.(a)(1)In any case in which a minor is alleged to be a person described in subdivision (a) of Section 602 by reason of the violation, when he or she was 16 years of age or older, of any criminal statute or ordinance except those listed in subdivision (b), upon motion of the petitioner made prior to the attachment of jeopardy the court shall cause the probation officer to investigate and submit a report on the behavioral patterns and social history of the minor being considered for a determination of unfitness. Following submission and consideration of the report, and of any other relevant evidence that the petitioner or the minor may wish to submit, the juvenile court may find that the minor is not a fit and proper subject to be dealt with under the juvenile court law if it concludes that the minor would not be amenable to the care, treatment, and training program available through the facilities of the juvenile court, based upon an evaluation of the criteria specified in clause (i) of subparagraphs (A) to (E), inclusive:
(A)(i)The degree of criminal sophistication exhibited by the minor.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may consider give weight to any relevant factor, including, but not limited to, the minors age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense, the minors impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the minors actions, and the effect of the minors family and community environment and childhood trauma on the minors criminal sophistication.
(B)(i)Whether the minor can be rehabilitated prior to the expiration of the juvenile courts jurisdiction.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may consider give weight to any relevant factor, including, but not limited to, the minors potential to grow and mature.
(C)(i)The minors previous delinquent history.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may consider give weight to any relevant factor, including, but not limited to, the seriousness of the minors previous delinquent history and the effect of the minors family and community environment and childhood trauma on the minors previous delinquent behavior.
(D)(i)Success of previous attempts by the juvenile court to rehabilitate the minor.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may consider give weight to any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minors needs.
(E)(i)The circumstances and gravity of the offense alleged in the petition to have been committed by the minor.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may consider give weight to any relevant factor, including, but not limited to, the level of harm actually caused by the minor, and the minors mental and emotional development.
A determination that the minor is not a fit and proper subject to be dealt with under the juvenile court law may be based on any one or a combination of the factors set forth in clause (i) of subparagraphs (A) to (E), inclusive, which shall be recited in the order of unfitness. In any case in which a hearing has been noticed pursuant to this section, the court shall postpone the taking of a plea to the petition until the conclusion of the fitness hearing, and no plea that may have been entered already shall constitute evidence at the hearing.
(2)(A)This paragraph shall apply to a minor alleged to be a person described in Section 602 by reason of the violation, when he or she has attained 16 years of age, of any felony offense when the minor has been declared to be a ward of the court pursuant to Section 602 on one or more prior occasions if both of the following apply:
(i)The minor has previously been found to have committed two or more felony offenses.
(ii)The offenses upon which the prior petition or petitions were based were committed when the minor had attained 14 years of age.
(B)Upon motion of the petitioner made prior to the attachment of jeopardy the court shall cause the probation officer to investigate and submit a report on the behavioral patterns and social history of the minor being considered for a determination of unfitness. Following submission and consideration of the report, and of any other relevant evidence that the petitioner or the minor may wish to submit, the minor shall be presumed to be not a fit and proper subject to be dealt with under the juvenile court law unless the juvenile court concludes, based upon evidence, which evidence may be of extenuating or mitigating circumstances, that the minor would be amenable to the care, treatment, and training program available through the facilities of the juvenile court based upon an evaluation of the criteria specified in subclause (I) of clauses (i) to (v), inclusive:
(i)(I)The degree of criminal sophistication exhibited by the minor.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may consider give weight to any relevant factor, including, but not limited to, the minors age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense, the minors impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the minors actions, and the effect of the minors family and community environment and childhood trauma on the minors criminal sophistication.
(ii)(I)Whether the minor can be rehabilitated prior to the expiration of the juvenile courts jurisdiction.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may consider give weight to any relevant factor, including, but not limited to, the minors potential to grow and mature.
(iii)(I)The minors previous delinquent history.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may consider give weight to any relevant factor, including, but not limited to, the seriousness of the minors previous delinquent history and the effect of the minors family and community environment and childhood trauma on the minors previous delinquent behavior.
(iv)(I)Success of previous attempts by the juvenile court to rehabilitate the minor.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may consider give weight to any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minors needs.
(v)(I)The circumstances and gravity of the offense alleged in the petition to have been committed by the minor.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may consider give weight to any relevant factor, including, but not limited to, the level of harm actually caused by the minor, and the minors mental and emotional development.
A determination that the minor is a fit and proper subject to be dealt with under the juvenile court law shall be based on a finding of amenability after consideration of the criteria set forth in subclause (I) of clauses (i) to (v), inclusive, and findings therefore recited in the order as to each of those criteria that the minor is fit and proper under each and every one of those criteria. In making a finding of fitness, the court may consider extenuating and mitigating circumstances in evaluating each of those criteria. In any case in which the hearing has been noticed pursuant to this section, the court shall postpone the taking of a plea to the petition until the conclusion of the fitness hearing and no plea that may have been entered already shall constitute evidence at the hearing. If the minor is found to be a fit and proper subject to be dealt with under the juvenile court law pursuant to this subdivision, the minor shall be committed to placement in a juvenile hall, ranch camp, forestry camp, boot camp, or secure juvenile home pursuant to Section 730, or in any institution operated by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(3)If, pursuant to this subdivision, the minor is found to be not a fit and proper subject for juvenile court treatment and is tried in a court of criminal jurisdiction and found guilty by the trier of fact, the judge may commit the minor to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to the state prison, unless the limitations specified in Section 1732.6 apply.
(b)Subdivision (c) shall be applicable in any case in which a minor is alleged to be a person described in Section 602 by reason of the violation of one of the following offenses:
(1)Murder.
(2)Arson, as provided in subdivision (a) or (b) of Section 451 of the Penal Code.
(3)Robbery.
(4)Rape with force, violence, or threat of great bodily harm.
(5)Sodomy by force, violence, duress, menace, or threat of great bodily harm.
(6)A lewd or lascivious act as provided in subdivision (b) of Section 288 of the Penal Code.
(7)Oral copulation by force, violence, duress, menace, or threat of great bodily harm.
(8)An offense specified in subdivision (a) of Section 289 of the Penal Code.
(9)Kidnapping for ransom.
(10)Kidnapping for purposes of robbery.
(11)Kidnapping with bodily harm.
(12)Attempted murder.
(13)Assault with a firearm or destructive device.
(14)Assault by any means of force likely to produce great bodily injury.
(15)Discharge of a firearm into an inhabited or occupied building.
(16)An offense described in Section 1203.09 of the Penal Code.
(17)An offense described in Section 12022.5 or 12022.53 of the Penal Code.
(18)A felony offense in which the minor personally used a weapon described in any provision listed in Section 16590 of the Penal Code.
(19)A felony offense described in Section 136.1 or 137 of the Penal Code.
(20)Manufacturing, compounding, or selling one-half ounce or more of a salt or solution of a controlled substance specified in subdivision (e) of Section 11055 of the Health and Safety Code.
(21)A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, which also would constitute a felony violation of subdivision (b) of Section 186.22 of the Penal Code.
(22)Escape, by the use of force or violence, from a county juvenile hall, home, ranch, camp, or forestry camp in violation of subdivision (b) of Section 871 if great bodily injury is intentionally inflicted upon an employee of the juvenile facility during the commission of the escape.
(23)Torture as described in Sections 206 and 206.1 of the Penal Code.
(24)Aggravated mayhem, as described in Section 205 of the Penal Code.
(25)Carjacking, as described in Section 215 of the Penal Code, while armed with a dangerous or deadly weapon.
(26)Kidnapping for purposes of sexual assault, as punishable in subdivision (b) of Section 209 of the Penal Code.
(27)Kidnapping as punishable in Section 209.5 of the Penal Code.
(28)The offense described in subdivision (c) of Section 26100 of the Penal Code.
(29)The offense described in Section 18745 of the Penal Code.
(30)Voluntary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code.
(c)With regard to a minor alleged to be a person described in Section 602 by reason of the violation, when he or she was 14 years of age or older, of any of the offenses listed in subdivision (b), upon motion of the petitioner made prior to the attachment of jeopardy the court shall cause the probation officer to investigate and submit a report on the behavioral patterns and social history of the minor being considered for a determination of unfitness. Following submission and consideration of the report, and of any other relevant evidence that the petitioner or the minor may wish to submit, the minor shall be presumed to be not a fit and proper subject to be dealt with under the juvenile court law unless the juvenile court concludes, based upon evidence, which evidence may be of extenuating or mitigating circumstances, that the minor would be amenable to the care, treatment, and training program available through the facilities of the juvenile court based upon an evaluation of each of the criteria specified in subparagraph (A) of paragraphs (1) to (5), inclusive:
(1)(A)The degree of criminal sophistication exhibited by the minor.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may consider give weight to any relevant factor, including, but not limited to, the minors age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense, the minors impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the minors actions, and the effect of the minors family and community environment and childhood trauma on the minors criminal sophistication.
(2)(A)Whether the minor can be rehabilitated prior to the expiration of the juvenile courts jurisdiction.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may consider give weight to any relevant factor, including, but not limited to, the minors potential to grow and mature.
(3)(A)The minors previous delinquent history.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may consider give weight to any relevant factor, including, but not limited to, the seriousness of the minors previous delinquent history and the effect of the minors family and community environment and childhood trauma on the minors previous delinquent behavior.
(4)(A)Success of previous attempts by the juvenile court to rehabilitate the minor.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may consider give weight to any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minors needs.
(5)(A)The circumstances and gravity of the offenses alleged in the petition to have been committed by the minor.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may consider give weight to any relevant factor, including, but not limited to, the level of harm actually caused by the minor, and the minors mental and emotional development.
A determination that the minor is a fit and proper subject to be dealt with under the juvenile court law shall be based on a finding of amenability after consideration of the criteria set forth in subparagraph (A) of paragraphs (1) to (5), inclusive, and findings therefore recited in the order as to each of those criteria that the minor is fit and proper under each and every one of those criteria. In making a finding of fitness, the court may consider extenuating or mitigating circumstances in evaluating each of those criteria. In any case in which a hearing has been noticed pursuant to this section, the court shall postpone the taking of a plea to the petition until the conclusion of the fitness hearing and no plea which may have been entered already shall constitute evidence at the hearing. If, pursuant to this subdivision, the minor is found to be not a fit and proper subject for juvenile court treatment and is tried in a court of criminal jurisdiction and found guilty by the trier of fact, the judge may commit the minor to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to the state prison, unless the limitations specified in Section 1732.6 apply.
(d)(1)Except as provided in subdivision (b) of Section 602, the district attorney or other appropriate prosecuting officer may file an accusatory pleading in a court of criminal jurisdiction against any minor 16 years of age or older who is accused of committing an offense enumerated in subdivision (b).
(2)Except as provided in subdivision (b) of Section 602, the district attorney or other appropriate prosecuting officer may file an accusatory pleading against a minor 14 years of age or older in a court of criminal jurisdiction in any case in which any one or more of the following circumstances apply:
(A)The minor is alleged to have committed an offense that if committed by an adult would be punishable by death or imprisonment in the state prison for life.
(B)The minor is alleged to have personally used a firearm during the commission or attempted commission of a felony, as described in Section 12022.5 or 12022.53 of the Penal Code.
(C)The minor is alleged to have committed an offense listed in subdivision (b) in which any one or more of the following circumstances apply:
(i)The minor has previously been found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (b).
(ii)The offense was committed for the benefit of, at the direction of, or in association with any criminal street gang, as defined in subdivision (f) of Section 186.22 of the Penal Code, with the specific intent to promote, further, or assist in criminal conduct by gang members.
(iii)The offense was committed for the purpose of intimidating or interfering with any other persons free exercise or enjoyment of a right secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States and because of the other persons race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, or because the minor perceives that the other person has one or more of those characteristics, as described in Title 11.6 (commencing with Section 422.55) of Part 1 of the Penal Code.
(iv)The victim of the offense was 65 years of age or older, or blind, deaf, quadriplegic, paraplegic, developmentally disabled, or confined to a wheelchair, and that disability was known or reasonably should have been known to the minor at the time of the commission of the offense.
(3)Except as provided in subdivision (b) of Section 602, the district attorney or other appropriate prosecuting officer may file an accusatory pleading in a court of criminal jurisdiction against any minor 16 years of age or older who is accused of committing one or more of the following offenses, if the minor has previously been found to be a person described in Section 602 by reason of the violation of a felony offense, when he or she was 14 years of age or older:
(A)A felony offense in which it is alleged that the victim of the offense was 65 years of age or older, or blind, deaf, quadriplegic, paraplegic, developmentally disabled, or confined to a wheelchair, and that disability was known or reasonably should have been known to the minor at the time of the commission of the offense.
(B)A felony offense committed for the purposes of intimidating or interfering with any other persons free exercise or enjoyment of a right secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States and because of the other persons race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, or because the minor perceived that the other person had one or more of those characteristics, as described in Title 11.6 (commencing with Section 422.55) of Part 1 of the Penal Code.
(C)The offense was committed for the benefit of, at the direction of, or in association with any criminal street gang as prohibited by Section 186.22 of the Penal Code.
(4)In any case in which the district attorney or other appropriate prosecuting officer has filed an accusatory pleading against a minor in a court of criminal jurisdiction pursuant to this subdivision, the case shall then proceed according to the laws applicable to a criminal case. In conjunction with the preliminary hearing as provided in Section 738 of the Penal Code, the magistrate shall make a finding that reasonable cause exists to believe that the minor comes within this subdivision. If reasonable cause is not established, the criminal court shall transfer the case to the juvenile court having jurisdiction over the matter.
(5)For an offense for which the prosecutor may file the accusatory pleading in a court of criminal jurisdiction pursuant to this subdivision, but elects instead to file a petition in the juvenile court, if the minor is subsequently found to be a person described in subdivision (a) of Section 602, the minor shall be committed to placement in a juvenile hall, ranch camp, forestry camp, boot camp, or secure juvenile home pursuant to Section 730, or in any institution operated by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(6)If, pursuant to this subdivision, the minor is found to be not a fit and proper subject for juvenile court treatment and is tried in a court of criminal jurisdiction and found guilty by the trier of fact, the judge may commit the minor to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to the state prison, unless the limitations specified in Section 1732.6 apply.
(e)A report submitted by a probation officer pursuant to this section regarding the behavioral patterns and social history of the minor being considered for a determination of unfitness shall include any written or oral statement offered by the victim, the victims parent or guardian if the victim is a minor, or if the victim has died, the victims next of kin, as authorized by subdivision (b) of Section 656.2. Victims statements shall be considered by the court to the extent they are relevant to the courts determination of unfitness.
(a)When a person is prosecuted for a criminal offense committed while he or she was under 18 years of age and the prosecution was lawfully initiated in a court of criminal jurisdiction without a prior finding that the person is not a fit and proper subject to be dealt with under the juvenile court law, upon subsequent conviction for any criminal offense, the person shall be subject to the same sentence as an adult convicted of the identical offense, in accordance with subdivision (a) of Section 1170.19, except under the circumstances described in subdivision (b), (c), or (d).
(b)Where the conviction is for the type of offense which, in combination with the persons age at the time the offense was committed, makes the person eligible for transfer to a court of criminal jurisdiction, pursuant to a rebuttable presumption that the person is not a fit and proper subject to be dealt with under the juvenile court law, and the prosecution for the offense could not lawfully be initiated in a court of criminal jurisdiction, then either of the following shall apply:
(1)The person shall be subject to the same sentence as an adult convicted of the identical offense in accordance with the provisions set forth in subdivision (a) of Section 1170.19, unless the person prevails upon a motion brought pursuant to paragraph (2).
(2)Upon a motion brought by the person, the court shall order the probation department to prepare a written social study and recommendation concerning the persons fitness to be dealt with under the juvenile court law and the court shall either conduct a fitness hearing or suspend proceedings and remand the matter to the juvenile court to prepare a social study and make a determination of fitness. The person shall receive a disposition under the juvenile court law only if the person demonstrates, by a preponderance of the evidence, that he or she is a fit and proper subject to be dealt with under the juvenile court law, based upon each of the following five criteria:
(A)The degree of criminal sophistication exhibited by the person. This may include, but is not limited to, consideration of the persons age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the offense, the persons impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the persons actions, and the effect of the persons family and community environment and childhood trauma on the persons criminal sophistication.
(B)Whether the person can be rehabilitated prior to the expiration of the juvenile courts jurisdiction. This may include, but is not limited to, consideration of the persons potential to grow and mature, and the persons growth and maturation since the time that he or she committed the criminal offense.
(C)The persons previous delinquent history. This may include, but is not limited to, consideration of the seriousness of the persons previous delinquent history and the effect of the persons family and community environment and childhood trauma on the persons previous delinquent behavior.
(D)Success of previous attempts by the juvenile court to rehabilitate the person. This may include, but is not limited to, an analysis of the adequacy of the services previously provided to address the persons needs.
(E)The circumstances and gravity of the offense for which the person has been convicted. This may include, but is not limited to, consideration of the actual behavior of the person, the mental state of the person, the persons degree of involvement in the crime, the level of harm actually caused by the person, and the persons mental and emotional development.
If the court conducting the fitness hearing finds that the person is not a fit and proper subject for juvenile court jurisdiction, then the person shall be sentenced by the court where he or she was convicted, in accordance with paragraph (1). If the court conducting the hearing on fitness finds that the person is a fit and proper subject for juvenile court jurisdiction, then the person shall be subject to a disposition in accordance with subdivision (b) of Section 1170.19.
(c)Where the conviction is for the type of offense which, in combination with the persons age at the time the offense was committed, makes the person eligible for transfer to a court of criminal jurisdiction, pursuant to a rebuttable presumption that the person is a fit and proper subject to be dealt with under the juvenile court law, then the person shall be sentenced as follows:
(1)The person shall be subject to a disposition under the juvenile court law, in accordance with the provisions of subdivision (b) of Section 1170.19, unless the district attorney prevails upon a motion, as described in paragraph (2).
(2)Upon a motion brought by the district attorney, the court shall order the probation department to prepare a written social study and recommendation concerning whether the person is a fit and proper subject to be dealt with under the juvenile court law. The court shall either conduct a fitness hearing or suspend proceedings and remand the matter to the juvenile court for a determination of fitness. The person shall be subject to a juvenile disposition under the juvenile court law unless the district attorney demonstrates, by a preponderance of the evidence, that the person is not a fit and proper subject to be dealt with under the juvenile court law, based upon the five criteria set forth in paragraph (2) of subdivision (b). If the person is found to be not a fit and proper subject to be dealt with under the juvenile court law, then the person shall be sentenced in the court where he or she was convicted, in accordance with the provisions set forth in subdivision (a) of Section 1170.19. If the person is found to be a fit and proper subject to be dealt with under the juvenile court law, the person shall be subject to a disposition, in accordance with the provisions of subdivision (b) of Section 1170.19.
(d)Where the conviction is for the type of offense which, in combination with the persons age, does not make the person eligible for transfer to a court of criminal jurisdiction, the person shall be subject to a disposition in accordance with the provisions of subdivision (b) of Section 1170.19.
SEC. 2.Section 707 of the Welfare and Institutions Code is amended to read:707.(a)(1)In any case in which a minor is alleged to be a person described in subdivision (a) of Section 602 by reason of the violation, when he or she was 16 years of age or older, of any criminal statute or ordinance except those listed in subdivision (b), upon motion of the petitioner made prior to the attachment of jeopardy the court shall cause the probation officer to investigate and submit a report on the behavioral patterns and social history of the minor being considered for a determination of unfitness. Following submission and consideration of the report, and of any other relevant evidence that the petitioner or the minor may wish to submit, the juvenile court may find that the minor is not a fit and proper subject to be dealt with under the juvenile court law if it concludes that the minor would not be amenable to the care, treatment, and training program available through the facilities of the juvenile court, based upon an evaluation of the criteria specified in clause (i) of each subparagraph subparagraphs (A) to (E), inclusive:
(A)(i)The degree of criminal sophistication exhibited by the minor.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may consider any relevant factor, including, but not limited to, the minors age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense, the minors impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the minors actions, and the effect of the minors family and community environment and childhood trauma on the minors criminal sophistication.
(B)(i)Whether the minor can be rehabilitated prior to the expiration of the juvenile courts jurisdiction.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may consider any relevant factor, including, but not limited to, the minors potential to grow and mature.
(C)(i)The minors previous delinquent history.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may consider any relevant factor, including, but not limited to, the seriousness of the minors previous delinquent history and the effect of the minors family and community environment and childhood trauma on the minors previous delinquent behavior.
(D)(i)Success of previous attempts by the juvenile court to rehabilitate the minor.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may consider any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minors needs.
(E)(i)The circumstances and gravity of the offense alleged in the petition to have been committed by the minor.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may consider any relevant factor, including, but not limited to, the level of harm actually caused by the minor, and the minors mental and emotional development.
A determination that the minor is not a fit and proper subject to be dealt with under the juvenile court law may be based on any one or a combination of the factors set forth in clause (i) of each subparagraph subparagraphs (A) to (E), inclusive, which shall be recited in the order of unfitness. In any case in which a hearing has been noticed pursuant to this section, the court shall postpone the taking of a plea to the petition until the conclusion of the fitness hearing, and no plea that may have been entered already shall constitute evidence at the hearing.
(2)(A)This paragraph shall apply to a minor alleged to be a person described in Section 602 by reason of the violation, when he or she has attained 16 years of age, of any felony offense when the minor has been declared to be a ward of the court pursuant to Section 602 on one or more prior occasions if both of the following apply:
(i)The minor has previously been found to have committed two or more felony offenses.
(ii)The offenses upon which the prior petition or petitions were based were committed when the minor had attained 14 years of age.
(B)Upon motion of the petitioner made prior to the attachment of jeopardy the court shall cause the probation officer to investigate and submit a report on the behavioral patterns and social history of the minor being considered for a determination of unfitness. Following submission and consideration of the report, and of any other relevant evidence that the petitioner or the minor may wish to submit, the minor shall be presumed to be not a fit and proper subject to be dealt with under the juvenile court law unless the juvenile court concludes, based upon evidence, which evidence may be of extenuating or mitigating circumstances, that the minor would be amenable to the care, treatment, and training program available through the facilities of the juvenile court based upon an evaluation of the criteria specified in subclause (I) of each clause clauses (i) to (v), inclusive:
(i)(I)The degree of criminal sophistication exhibited by the minor.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may consider any relevant factor, including, but not limited to, the minors age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense, the minors impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the minors actions, and the effect of the minors family and community environment and childhood trauma on the minors criminal sophistication.
(ii)(I)Whether the minor can be rehabilitated prior to the expiration of the juvenile courts jurisdiction.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may consider any relevant factor, including, but not limited to, the minors potential to grow and mature.
(iii)(I)The minors previous delinquent history.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may consider any relevant factor, including, but not limited to, the seriousness of the minors previous delinquent history and the effect of the minors family and community environment and childhood trauma on the minors previous delinquent behavior.
(iv)(I)Success of previous attempts by the juvenile court to rehabilitate the minor.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may consider any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minors needs.
(v)(I)The circumstances and gravity of the offense alleged in the petition to have been committed by the minor.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may consider any relevant factor, including, but not limited to, the level of harm actually caused by the minor, and the minors mental and emotional development.
A determination that the minor is a fit and proper subject to be dealt with under the juvenile court law shall be based on a finding of amenability after consideration of the criteria set forth in subclause (I) of each clause clauses (i) to (v), inclusive, and findings therefore recited in the order as to each of those criteria that the minor is fit and proper under each and every one of those criteria. In making a finding of fitness, the court may consider extenuating and mitigating circumstances in evaluating each of those criteria. In any case in which the hearing has been noticed pursuant to this section, the court shall postpone the taking of a plea to the petition until the conclusion of the fitness hearing and no plea that may have been entered already shall constitute evidence at the hearing. If the minor is found to be a fit and proper subject to be dealt with under the juvenile court law pursuant to this subdivision, the minor shall be committed to placement in a juvenile hall, ranch camp, forestry camp, boot camp, or secure juvenile home pursuant to Section 730, or in any institution operated by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(3)If, pursuant to this subdivision, the minor is found to be not a fit and proper subject for juvenile court treatment and is tried in a court of criminal jurisdiction and found guilty by the trier of fact, the judge may commit the minor to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to the state prison, unless the limitations specified in Section 1732.6 apply.
(b)Subdivision (c) shall be applicable in any case in which a minor is alleged to be a person described in Section 602 by reason of the violation of one of the following offenses:
(1)Murder.
(2)Arson, as provided in subdivision (a) or (b) of Section 451 of the Penal Code.
(3)Robbery.
(4)Rape with force, violence, or threat of great bodily harm.
(5)Sodomy by force, violence, duress, menace, or threat of great bodily harm.
(6)A lewd or lascivious act as provided in subdivision (b) of Section 288 of the Penal Code.
(7)Oral copulation by force, violence, duress, menace, or threat of great bodily harm.
(8)An offense specified in subdivision (a) of Section 289 of the Penal Code.
(9)Kidnapping for ransom.
(10)Kidnapping for purposes of robbery.
(11)Kidnapping with bodily harm.
(12)Attempted murder.
(13)Assault with a firearm or destructive device.
(14)Assault by any means of force likely to produce great bodily injury.
(15)Discharge of a firearm into an inhabited or occupied building.
(16)An offense described in Section 1203.09 of the Penal Code.
(17)An offense described in Section 12022.5 or 12022.53 of the Penal Code.
(18)A felony offense in which the minor personally used a weapon described in any provision listed in Section 16590 of the Penal Code.
(19)A felony offense described in Section 136.1 or 137 of the Penal Code.
(20)Manufacturing, compounding, or selling one-half ounce or more of a salt or solution of a controlled substance specified in subdivision (e) of Section 11055 of the Health and Safety Code.
(21)A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, which also would constitute a felony violation of subdivision (b) of Section 186.22 of the Penal Code.
(22)Escape, by the use of force or violence, from a county juvenile hall, home, ranch, camp, or forestry camp in violation of subdivision (b) of Section 871 if great bodily injury is intentionally inflicted upon an employee of the juvenile facility during the commission of the escape.
(23)Torture as described in Sections 206 and 206.1 of the Penal Code.
(24)Aggravated mayhem, as described in Section 205 of the Penal Code.
(25)Carjacking, as described in Section 215 of the Penal Code, while armed with a dangerous or deadly weapon.
(26)Kidnapping for purposes of sexual assault, as punishable in subdivision (b) of Section 209 of the Penal Code.
(27)Kidnapping as punishable in Section 209.5 of the Penal Code.
(28)The offense described in subdivision (c) of Section 26100 of the Penal Code.
(29)The offense described in Section 18745 of the Penal Code.
(30)Voluntary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code.
(c)With regard to a minor alleged to be a person described in Section 602 by reason of the violation, when he or she was 14 years of age or older, of any of the offenses listed in subdivision (b), upon motion of the petitioner made prior to the attachment of jeopardy the court shall cause the probation officer to investigate and submit a report on the behavioral patterns and social history of the minor being considered for a determination of unfitness. Following submission and consideration of the report, and of any other relevant evidence that the petitioner or the minor may wish to submit, the minor shall be presumed to be not a fit and proper subject to be dealt with under the juvenile court law unless the juvenile court concludes, based upon evidence, which evidence may be of extenuating or mitigating circumstances, that the minor would be amenable to the care, treatment, and training program available through the facilities of the juvenile court based upon an evaluation of each of the criteria specified in subparagraph (A) of each paragraph paragraphs (1) to (5), inclusive:
(1)(A)The degree of criminal sophistication exhibited by the minor.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may consider any relevant factor, including, but not limited to, the minors age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense, the minors impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the minors actions, and the effect of the minors family and community environment and childhood trauma on the minors criminal sophistication.
(2)(A)Whether the minor can be rehabilitated prior to the expiration of the juvenile courts jurisdiction.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may consider any relevant factor, including, but not limited to, the minors potential to grow and mature.
(3)(A)The minors previous delinquent history.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may consider any relevant factor, including, but not limited to, the seriousness of the minors previous delinquent history and the effect of the minors family and community environment and childhood trauma on the minors previous delinquent behavior.
(4)(A)Success of previous attempts by the juvenile court to rehabilitate the minor.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may consider any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minors needs.
(5)(A)The circumstances and gravity of the offenses alleged in the petition to have been committed by the minor.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may consider any relevant factor, including, but not limited to, the level of harm actually caused by the minor, and the minors mental and emotional development.
A determination that the minor is a fit and proper subject to be dealt with under the juvenile court law shall be based on a finding of amenability after consideration of the criteria set forth in subparagraph (A) of each paragraph paragraphs (1) to (5), inclusive, and findings therefore recited in the order as to each of those criteria that the minor is fit and proper under each and every one of those criteria. In making a finding of fitness, the court may consider extenuating or mitigating circumstances in evaluating each of those criteria. In any case in which a hearing has been noticed pursuant to this section, the court shall postpone the taking of a plea to the petition until the conclusion of the fitness hearing and no plea which may have been entered already shall constitute evidence at the hearing. If, pursuant to this subdivision, the minor is found to be not a fit and proper subject for juvenile court treatment and is tried in a court of criminal jurisdiction and found guilty by the trier of fact, the judge may commit the minor to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to the state prison, unless the limitations specified in Section 1732.6 apply.
(d)(1)Except as provided in subdivision (b) of Section 602, the district attorney or other appropriate prosecuting officer may file an accusatory pleading in a court of criminal jurisdiction against any minor 16 years of age or older who is accused of committing an offense enumerated in subdivision (b).
(2)Except as provided in subdivision (b) of Section 602, the district attorney or other appropriate prosecuting officer may file an accusatory pleading against a minor 14 years of age or older in a court of criminal jurisdiction in any case in which any one or more of the following circumstances apply:
(A)The minor is alleged to have committed an offense that if committed by an adult would be punishable by death or imprisonment in the state prison for life.
(B)The minor is alleged to have personally used a firearm during the commission or attempted commission of a felony, as described in Section 12022.5 or 12022.53 of the Penal Code.
(C)The minor is alleged to have committed an offense listed in subdivision (b) in which any one or more of the following circumstances apply:
(i)The minor has previously been found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (b).
(ii)The offense was committed for the benefit of, at the direction of, or in association with any criminal street gang, as defined in subdivision (f) of Section 186.22 of the Penal Code, with the specific intent to promote, further, or assist in criminal conduct by gang members.
(iii)The offense was committed for the purpose of intimidating or interfering with any other persons free exercise or enjoyment of a right secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States and because of the other persons race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, or because the minor perceives that the other person has one or more of those characteristics, as described in Title 11.6 (commencing with Section 422.55) of Part 1 of the Penal Code.
(iv)The victim of the offense was 65 years of age or older, or blind, deaf, quadriplegic, paraplegic, developmentally disabled, or confined to a wheelchair, and that disability was known or reasonably should have been known to the minor at the time of the commission of the offense.
(3)Except as provided in subdivision (b) of Section 602, the district attorney or other appropriate prosecuting officer may file an accusatory pleading in a court of criminal jurisdiction against any minor 16 years of age or older who is accused of committing one or more of the following offenses, if the minor has previously been found to be a person described in Section 602 by reason of the violation of a felony offense, when he or she was 14 years of age or older:
(A)A felony offense in which it is alleged that the victim of the offense was 65 years of age or older, or blind, deaf, quadriplegic, paraplegic, developmentally disabled, or confined to a wheelchair, and that disability was known or reasonably should have been known to the minor at the time of the commission of the offense.
(B)A felony offense committed for the purposes of intimidating or interfering with any other persons free exercise or enjoyment of a right secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States and because of the other persons race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, or because the minor perceived that the other person had one or more of those characteristics, as described in Title 11.6 (commencing with Section 422.55) of Part 1 of the Penal Code.
(C)The offense was committed for the benefit of, at the direction of, or in association with any criminal street gang as prohibited by Section 186.22 of the Penal Code.
(4)In any case in which the district attorney or other appropriate prosecuting officer has filed an accusatory pleading against a minor in a court of criminal jurisdiction pursuant to this subdivision, the case shall then proceed according to the laws applicable to a criminal case. In conjunction with the preliminary hearing as provided in Section 738 of the Penal Code, the magistrate shall make a finding that reasonable cause exists to believe that the minor comes within this subdivision. If reasonable cause is not established, the criminal court shall transfer the case to the juvenile court having jurisdiction over the matter.
(5)For an offense for which the prosecutor may file the accusatory pleading in a court of criminal jurisdiction pursuant to this subdivision, but elects instead to file a petition in the juvenile court, if the minor is subsequently found to be a person described in subdivision (a) of Section 602, the minor shall be committed to placement in a juvenile hall, ranch camp, forestry camp, boot camp, or secure juvenile home pursuant to Section 730, or in any institution operated by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(6)If, pursuant to this subdivision, the minor is found to be not a fit and proper subject for juvenile court treatment and is tried in a court of criminal jurisdiction and found guilty by the trier of fact, the judge may commit the minor to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to the state prison, unless the limitations specified in Section 1732.6 apply.
(e)A report submitted by a probation officer pursuant to this section regarding the behavioral patterns and social history of the minor being considered for a determination of unfitness shall include any written or oral statement offered by the victim, the victims parent or guardian if the victim is a minor, or if the victim has died, the victims next of kin, as authorized by subdivision (b) of Section 656.2. Victims statements shall be considered by the court to the extent they are relevant to the courts determination of unfitness.
(a)When a person is prosecuted for a criminal offense committed while he or she was under the age of 18 years of age and the prosecution is was lawfully initiated in a court of criminal jurisdiction without a prior finding that the person is not a fit and proper subject to be dealt with under the juvenile court law, upon subsequent conviction for any criminal offense, the person shall be subject to the same sentence as an adult convicted of the identical offense, in accordance with the provisions set forth in subdivision (a) of Section 1170.19, except under the circumstances described in subdivision (b) or (c). (b), (c), or (d).
(b)Where the conviction is for the type of offense which, in combination with the persons age at the time the offense was committed, makes the person eligible for transfer to a court of criminal jurisdiction, pursuant to a rebuttable presumption that the person is not a fit and proper subject to be dealt with under the juvenile court law, and the prosecution for the offense could not lawfully be initiated in a court of criminal jurisdiction, then either of the following shall apply:
(1)The person shall be subject to the same sentence as an adult convicted of the identical offense in accordance with the provisions set forth in subdivision (a) of Section 1170.19, unless the person prevails upon a motion brought pursuant to paragraph (2).
(2)Upon a motion brought by the person, the court shall order the probation department to prepare a written social study and recommendation concerning the persons fitness to be dealt with under the juvenile court law and the court shall either conduct a fitness hearing or suspend proceedings and remand the matter to the juvenile court to prepare a social study and make a determination of fitness. The person shall receive a disposition under the juvenile court law only if the person demonstrates, by a preponderance of the evidence, that he or she is a fit and proper subject to be dealt with under the juvenile court law, based upon each of the following five criteria:
(A)The degree of criminal sophistication exhibited by the person. This may include, but is not limited to, consideration of the persons age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the offense, the persons impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the persons actions, and the effect of the persons family and community environment and childhood trauma on the persons criminal sophistication.
(B)Whether the person can be rehabilitated prior to the expiration of the juvenile courts jurisdiction. This may include, but is not limited to, consideration of the persons potential to grow and mature, and the persons growth and maturation since the time that he or she committed the criminal offense.
(C)The persons previous delinquent history. This may include, but is not limited to, consideration of the seriousness of the persons previous delinquent history and the effect of the persons family and community environment and childhood trauma on the persons previous delinquent behavior.
(D)Success of previous attempts by the juvenile court to rehabilitate the person. This may include, but is not limited to, an analysis of the adequacy of the services previously provided to address the persons needs.
(E)The circumstances and gravity of the offense for which the person has been convicted. This may include, but is not limited to, consideration of the actual behavior of the person, the mental state of the person, the persons degree of involvement in the crime, the level of harm actually caused by the person, and the persons mental and emotional development.
If the court conducting the fitness hearing finds that the person is not a fit and proper subject for juvenile court jurisdiction, then the person shall be sentenced by the court where he or she was convicted, in accordance with the provisions of paragraph (1). If the court conducting the hearing on fitness finds that the person is a fit and proper subject for juvenile court jurisdiction, then the person shall be subject to a disposition in accordance with the provisions of subdivision (b) of Section 1170.19.
(c)Where the conviction is for the type of offense which, in combination with the persons age at the time the offense was committed, makes the person eligible for transfer to a court of criminal jurisdiction, pursuant to a rebuttable presumption that the person is a fit and proper subject to be dealt with under the juvenile court law, then the person shall be sentenced as follows:
(1)The person shall be subject to a disposition under the juvenile court law, in accordance with the provisions of subdivision (b) of Section 1170.19, unless the district attorney prevails upon a motion, as described in paragraph (2).
(2)Upon a motion brought by the district attorney, the court shall order the probation department to prepare a written social study and recommendation concerning whether the person is a fit and proper subject to be dealt with under the juvenile court law. The court shall either conduct a fitness hearing or suspend proceedings and remand the matter to the juvenile court for a determination of fitness. The person shall be subject to a juvenile disposition under the juvenile court law unless the district attorney demonstrates, by a preponderance of the evidence, that the person is not a fit and proper subject to be dealt with under the juvenile court law, based upon the five criteria set forth in paragraph (2) of subdivision (b). If the person is found to be not a fit and proper subject to be dealt with under the juvenile court law, then the person shall be sentenced in the court where he or she was convicted, in accordance with the provisions set forth in subdivision (a) of Section 1170.19. If the person is found to be a fit and proper subject to be dealt with under the juvenile court law, the person shall be subject to a disposition, in accordance with the provisions of subdivision (b) of Section 1170.19.
(d)Where the conviction is for the type of offense which, in combination with the persons age, does not make the person eligible for transfer to a court of criminal jurisdiction, the person shall be subject to a disposition in accordance with the provisions of subdivision (b) of Section 1170.19.
SEC. 2.Section 707 of the Welfare and Institutions Code is amended to read:707.(a)(1)In any case in which a minor is alleged to be a person described in subdivision (a) of Section 602 by reason of the violation, when he or she was 16 years of age or older, of any criminal statute or ordinance except those listed in subdivision (b), upon motion of the petitioner made prior to the attachment of jeopardy the court shall cause the probation officer to investigate and submit a report on the behavioral patterns and social history of the minor being considered for a determination of unfitness. Following submission and consideration of the report, and of any other relevant evidence that the petitioner or the minor may wish to submit, the juvenile court may find that the minor is not a fit and proper subject to be dealt with under the juvenile court law if it concludes that the minor would not be amenable to the care, treatment, and training program available through the facilities of the juvenile court, based upon an evaluation of the following criteria: criteria specified in clause (i) of each subparagraph (A) to (E), inclusive:
(A)(i)The degree of criminal sophistication exhibited by the minor.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may consider any relevant factor, including, but not limited to, the minors age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense, the minors impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the minors actions, and the effect of the minors family and community environment and childhood trauma on the minors criminal sophistication.
(B)(i)Whether the minor can be rehabilitated prior to the expiration of the juvenile courts jurisdiction.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may consider any relevant factor, including, but not limited to, the minors potential to grow and mature.
(C)(i)The minors previous delinquent history.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may consider any relevant factor, including, but not limited to, the seriousness of the minors previous delinquent history and the effect of the minors family and community environment and childhood trauma on the minors previous delinquent behavior.
(D)(i)Success of previous attempts by the juvenile court to rehabilitate the minor.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may consider any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minors needs.
(E)(i)The circumstances and gravity of the offense alleged in the petition to have been committed by the minor.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may consider any relevant factor, including, but not limited to, the level of harm actually caused by the minor, and the minors mental and emotional development.
A determination that the minor is not a fit and proper subject to be dealt with under the juvenile court law may be based on any one or a combination of the factors set forth above, in clause (i) of each subparagraph (A) to (E), inclusive, which shall be recited in the order of unfitness. In any case in which a hearing has been noticed pursuant to this section, the court shall postpone the taking of a plea to the petition until the conclusion of the fitness hearing, and no plea that may have been entered already shall constitute evidence at the hearing.
(2)(A)This paragraph shall apply to a minor alleged to be a person described in Section 602 by reason of the violation, when he or she has attained 16 years of age, of any felony offense when the minor has been declared to be a ward of the court pursuant to Section 602 on one or more prior occasions if both of the following apply:
(i)The minor has previously been found to have committed two or more felony offenses.
(ii)The offenses upon which the prior petition or petitions were based were committed when the minor had attained 14 years of age.
(B)Upon motion of the petitioner made prior to the attachment of jeopardy the court shall cause the probation officer to investigate and submit a report on the behavioral patterns and social history of the minor being considered for a determination of unfitness. Following submission and consideration of the report, and of any other relevant evidence that the petitioner or the minor may wish to submit, the minor shall be presumed to be not a fit and proper subject to be dealt with under the juvenile court law unless the juvenile court concludes, based upon evidence, which evidence may be of extenuating or mitigating circumstances, that the minor would be amenable to the care, treatment, and training program available through the facilities of the juvenile court based upon an evaluation of the following criteria: criteria specified in subclause (I) of each clause (i) to (v), inclusive:
(i)(I)The degree of criminal sophistication exhibited by the minor.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may consider any relevant factor, including, but not limited to, the minors age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense, the minors impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the minors actions, and the effect of the minors family and community environment and childhood trauma on the minors criminal sophistication.
(ii)(I)Whether the minor can be rehabilitated prior to the expiration of the juvenile courts jurisdiction.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may consider any relevant factor, including, but not limited to, the minors potential to grow and mature.
(iii)(I)The minors previous delinquent history.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may consider any relevant factor, including, but not limited to, the seriousness of the minors previous delinquent history and the effect of the minors family and community environment and childhood trauma on the minors previous delinquent behavior.
(iv)(I)Success of previous attempts by the juvenile court to rehabilitate the minor.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may consider any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minors needs.
(v)(I)The circumstances and gravity of the offense alleged in the petition to have been committed by the minor.
(II)When evaluating the criterion specified in subclause (I), the juvenile court may consider any relevant factor, including, but not limited to, the level of harm actually caused by the minor, and the minors mental and emotional development.
A determination that the minor is a fit and proper subject to be dealt with under the juvenile court law shall be based on a finding of amenability after consideration of the criteria set forth above, in subclause (I) of each clause (i) to (v), inclusive, and findings therefore recited in the order as to each of the above those criteria that the minor is fit and proper under each and every one of the above those criteria. In making a finding of fitness, the court may consider extenuating and mitigating circumstances in evaluating each of the above those criteria. In any case in which the hearing has been noticed pursuant to this section, the court shall postpone the taking of a plea to the petition until the conclusion of the fitness hearing and no plea which that may have been entered already shall constitute evidence at the hearing. If the minor is found to be a fit and proper subject to be dealt with under the juvenile court law pursuant to this subdivision, the minor shall be committed to placement in a juvenile hall, ranch camp, forestry camp, boot camp, or secure juvenile home pursuant to Section 730, or in any institution operated by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(3)If, pursuant to this subdivision, the minor is found to be not a fit and proper subject for juvenile court treatment and is tried in a court of criminal jurisdiction and found guilty by the trier of fact, the judge may commit the minor to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to the state prison, unless the limitations specified in Section 1732.6 apply.
(b)Subdivision (c) shall be applicable in any case in which a minor is alleged to be a person described in Section 602 by reason of the violation of one of the following offenses:
(1)Murder.
(2)Arson, as provided in subdivision (a) or (b) of Section 451 of the Penal Code.
(3)Robbery.
(4)Rape with force, violence, or threat of great bodily harm.
(5)Sodomy by force, violence, duress, menace, or threat of great bodily harm.
(6)A lewd or lascivious act as provided in subdivision (b) of Section 288 of the Penal Code.
(7)Oral copulation by force, violence, duress, menace, or threat of great bodily harm.
(8)An offense specified in subdivision (a) of Section 289 of the Penal Code.
(9)Kidnapping for ransom.
(10)Kidnapping for purposes of robbery.
(11)Kidnapping with bodily harm.
(12)Attempted murder.
(13)Assault with a firearm or destructive device.
(14)Assault by any means of force likely to produce great bodily injury.
(15)Discharge of a firearm into an inhabited or occupied building.
(16)An offense described in Section 1203.09 of the Penal Code.
(17)An offense described in Section 12022.5 or 12022.53 of the Penal Code.
(18)A felony offense in which the minor personally used a weapon described in any provision listed in Section 16590 of the Penal Code.
(19)A felony offense described in Section 136.1 or 137 of the Penal Code.
(20)Manufacturing, compounding, or selling one-half ounce or more of a salt or solution of a controlled substance specified in subdivision (e) of Section 11055 of the Health and Safety Code.
(21)A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, which also would constitute a felony violation of subdivision (b) of Section 186.22 of the Penal Code.
(22)Escape, by the use of force or violence, from a county juvenile hall, home, ranch, camp, or forestry camp in violation of subdivision (b) of Section 871 if great bodily injury is intentionally inflicted upon an employee of the juvenile facility during the commission of the escape.
(23)Torture as described in Sections 206 and 206.1 of the Penal Code.
(24)Aggravated mayhem, as described in Section 205 of the Penal Code.
(25)Carjacking, as described in Section 215 of the Penal Code, while armed with a dangerous or deadly weapon.
(26)Kidnapping for purposes of sexual assault, as punishable in subdivision (b) of Section 209 of the Penal Code.
(27)Kidnapping as punishable in Section 209.5 of the Penal Code.
(28)The offense described in subdivision (c) of Section 26100 of the Penal Code.
(29)The offense described in Section 18745 of the Penal Code.
(30)Voluntary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code.
(c)With regard to a minor alleged to be a person described in Section 602 by reason of the violation, when he or she was 14 years of age or older, of any of the offenses listed in subdivision (b), upon motion of the petitioner made prior to the attachment of jeopardy the court shall cause the probation officer to investigate and submit a report on the behavioral patterns and social history of the minor being considered for a determination of unfitness. Following submission and consideration of the report, and of any other relevant evidence that the petitioner or the minor may wish to submit, the minor shall be presumed to be not a fit and proper subject to be dealt with under the juvenile court law unless the juvenile court concludes, based upon evidence, which evidence may be of extenuating or mitigating circumstances, that the minor would be amenable to the care, treatment, and training program available through the facilities of the juvenile court based upon an evaluation of each of the following criteria: criteria specified in subparagraph (A) of each paragraph (1) to (5), inclusive:
(1)(A)The degree of criminal sophistication exhibited by the minor.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may consider any relevant factor, including, but not limited to, the minors age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense, the minors impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the minors actions, and the effect of the minors family and community environment and childhood trauma on the minors criminal sophistication.
(2)(A)Whether the minor can be rehabilitated prior to the expiration of the juvenile courts jurisdiction.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may consider any relevant factor, including, but not limited to, the minors potential to grow and mature.
(3)(A)The minors previous delinquent history.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may consider any relevant factor, including, but not limited to, the seriousness of the minors previous delinquent history and the effect of the minors family and community environment and childhood trauma on the minors previous delinquent behavior.
(4)(A)Success of previous attempts by the juvenile court to rehabilitate the minor.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may consider any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minors needs.
(5)(A)The circumstances and gravity of the offenses alleged in the petition to have been committed by the minor.
(B)When evaluating the criterion specified in subparagraph (A), the juvenile court may consider any relevant factor, including, but not limited to, the level of harm actually caused by the minor, and the minors mental and emotional development.
A determination that the minor is a fit and proper subject to be dealt with under the juvenile court law shall be based on a finding of amenability after consideration of the criteria set forth above, in subparagraph (A) of each paragraph (1) to (5), inclusive, and findings therefore recited in the order as to each of the above those criteria that the minor is fit and proper under each and every one of the above those criteria. In making a finding of fitness, the court may consider extenuating or mitigating circumstances in evaluating each of the above those criteria. In any case in which a hearing has been noticed pursuant to this section, the court shall postpone the taking of a plea to the petition until the conclusion of the fitness hearing and no plea which may have been entered already shall constitute evidence at the hearing. If, pursuant to this subdivision, the minor is found to be not a fit and proper subject for juvenile court treatment and is tried in a court of criminal jurisdiction and found guilty by the trier of fact, the judge may commit the minor to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to the state prison, unless the limitations specified in Section 1732.6 apply.
(d)(1)Except as provided in subdivision (b) of Section 602, the district attorney or other appropriate prosecuting officer may file an accusatory pleading in a court of criminal jurisdiction against any minor 16 years of age or older who is accused of committing an offense enumerated in subdivision (b).
(2)Except as provided in subdivision (b) of Section 602, the district attorney or other appropriate prosecuting officer may file an accusatory pleading against a minor 14 years of age or older in a court of criminal jurisdiction in any case in which any one or more of the following circumstances apply:
(A)The minor is alleged to have committed an offense that if committed by an adult would be punishable by death or imprisonment in the state prison for life.
(B)The minor is alleged to have personally used a firearm during the commission or attempted commission of a felony, as described in Section 12022.5 or 12022.53 of the Penal Code.
(C)The minor is alleged to have committed an offense listed in subdivision (b) in which any one or more of the following circumstances apply:
(i)The minor has previously been found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (b).
(ii)The offense was committed for the benefit of, at the direction of, or in association with any criminal street gang, as defined in subdivision (f) of Section 186.22 of the Penal Code, with the specific intent to promote, further, or assist in criminal conduct by gang members.
(iii)The offense was committed for the purpose of intimidating or interfering with any other persons free exercise or enjoyment of a right secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States and because of the other persons race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, or because the minor perceives that the other person has one or more of those characteristics, as described in Title 11.6 (commencing with Section 422.55) of Part 1 of the Penal Code.
(iv)The victim of the offense was 65 years of age or older, or blind, deaf, quadriplegic, paraplegic, developmentally disabled, or confined to a wheelchair, and that disability was known or reasonably should have been known to the minor at the time of the commission of the offense.
(3)Except as provided in subdivision (b) of Section 602, the district attorney or other appropriate prosecuting officer may file an accusatory pleading in a court of criminal jurisdiction against any minor 16 years of age or older who is accused of committing one or more of the following offenses, if the minor has previously been found to be a person described in Section 602 by reason of the violation of a felony offense, when he or she was 14 years of age or older:
(A)A felony offense in which it is alleged that the victim of the offense was 65 years of age or older, or blind, deaf, quadriplegic, paraplegic, developmentally disabled, or confined to a wheelchair, and that disability was known or reasonably should have been known to the minor at the time of the commission of the offense.
(B)A felony offense committed for the purposes of intimidating or interfering with any other persons free exercise or enjoyment of a right secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States and because of the other persons race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, or because the minor perceived that the other person had one or more of those characteristics, as described in Title 11.6 (commencing with Section 422.55) of Part 1 of the Penal Code.
(C)The offense was committed for the benefit of, at the direction of, or in association with any criminal street gang as prohibited by Section 186.22 of the Penal Code.
(4)In any case in which the district attorney or other appropriate prosecuting officer has filed an accusatory pleading against a minor in a court of criminal jurisdiction pursuant to this subdivision, the case shall then proceed according to the laws applicable to a criminal case. In conjunction with the preliminary hearing as provided in Section 738 of the Penal Code, the magistrate shall make a finding that reasonable cause exists to believe that the minor comes within this subdivision. If reasonable cause is not established, the criminal court shall transfer the case to the juvenile court having jurisdiction over the matter.
(5)For an offense for which the prosecutor may file the accusatory pleading in a court of criminal jurisdiction pursuant to this subdivision, but elects instead to file a petition in the juvenile court, if the minor is subsequently found to be a person described in subdivision (a) of Section 602, the minor shall be committed to placement in a juvenile hall, ranch camp, forestry camp, boot camp, or secure juvenile home pursuant to Section 730, or in any institution operated by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(6)If, pursuant to this subdivision, the minor is found to be not a fit and proper subject for juvenile court treatment and is tried in a court of criminal jurisdiction and found guilty by the trier of fact, the judge may commit the minor to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to the state prison, unless the limitations specified in Section 1732.6 apply.
(e)A report submitted by a probation officer pursuant to this section regarding the behavioral patterns and social history of the minor being considered for a determination of unfitness shall include any written or oral statement offered by the victim, the victims parent or guardian if the victim is a minor, or if the victim has died, the victims next of kin, as authorized by subdivision (b) of Section 656.2. Victims statements shall be considered by the court to the extent they are relevant to the courts determination of unfitness.
SECTION 1.Section 654.1 of the Penal Code is amended to read:654.1.It shall be unlawful for any person, acting individually or as an officer or employee of a corporation, or as a member of a copartnership or as a commission agent or employee of another person, firm or corporation, to sell or offer for sale or, to negotiate, provide or arrange for, or to advertise or hold himself or herself out as one who sells or offers for sale or negotiates, provides or arranges for transportation of a person or persons on an individual fare basis over the public highways of the State of California unless that transportation is to be furnished or provided solely by, and that sale is authorized by, a carrier having a valid and existing certificate of convenience and necessity, or other valid and existing permit from the Public Utilities Commission of the State of California, or from the Interstate Commerce Commission of the United States, authorizing the holder of the certificate or permit to provide that transportation.
It shall be unlawful for any person, acting individually or as an officer or employee of a corporation, or as a member of a copartnership or as a commission agent or employee of another person, firm or corporation, to sell or offer for sale or, to negotiate, provide or arrange for, or to advertise or hold himself or herself out as one who sells or offers for sale or negotiates, provides or arranges for transportation of a person or persons on an individual fare basis over the public highways of the State of California unless such that transportation is to be furnished or provided solely by, and such that sale is authorized by, a carrier having a valid and existing certificate of convenience and necessity, or other valid and existing permit from the Public Utilities Commission of the State of California, or from the Interstate Commerce Commission of the United States, authorizing the holder of such the certificate or permit to provide such that transportation.
|
Date
|
Status
|
|---|---|
| Jun 4, 2015 | Referred to Com. on PUB. S. |
| Sep 1, 2015 | Chaptered by Secretary of State. Chapter 234, Statutes of 2015. |
| Sep 1, 2015 | Approved by the Governor. |
| Aug 20, 2015 | Enrolled and presented to the Governor at 4:15 p.m. |
| Aug 17, 2015 | Assembly amendments concurred in. (Ayes 26. Noes 12.) Ordered to engrossing and enrolling. |
| Aug 17, 2015 | Assembly amendments concurred in. (Ayes 26. Noes 12. Page 2047.) Ordered to engrossing and enrolling. |
| Jul 16, 2015 | Read third time. Passed. (Ayes 61. Noes 15. Page 2427.) Ordered to the Senate. |
| Jul 16, 2015 | Read third time. Passed. Ordered to the Senate. |
| Jul 16, 2015 | In Senate. Concurrence in Assembly amendments pending. |
| Jul 9, 2015 | Read second time. Ordered to third reading. |
| Jul 8, 2015 | Read second time and amended. Ordered to second reading. |
| Jul 7, 2015 | From committee: Do pass as amended. (Ayes 5. Noes 0.) (June 30). |
| Jun 15, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Feb 24, 2015 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| May 26, 2015 | Read third time. Passed. (Ayes 24. Noes 13.) Ordered to the Assembly. |
| May 26, 2015 | Read third time. Passed. (Ayes 24. Noes 13. Page 1100.) Ordered to the Assembly. |
| May 26, 2015 | In Assembly. Read first time. Held at Desk. |
| May 19, 2015 | Read second time and amended. Ordered to third reading. |
| May 18, 2015 | From committee: Do pass as amended. (Ayes 5. Noes 2.) (May 12). |
| May 18, 2015 | From committee: Do pass as amended. (Ayes 5. Noes 2. Page 984.) (May 12). |
| Apr 24, 2015 | Set for hearing May 12. |
| Apr 22, 2015 | Re-referred to Com. on PUB. S. |
| Apr 20, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Mar 5, 2015 | Referred to Com. on RLS. |
| Feb 25, 2015 | From printer. May be acted upon on or after March 27. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 17, 2015 | Unfinished Business SB382 Lara Concurrence | Senate Floor |
Passed |
|
| Jul 16, 2015 | SB 382 Lara Senate Third Reading By SANTIAGO | Assembly Floor |
Passed |
|
| Jun 30, 2015 | Do pass as amended. | Assembly Standing Committee on Public Safety |
Passed |
|
| May 26, 2015 | Senate 3rd Reading SB382 Lara Motions | Senate Floor |
Passed |
|
| May 12, 2015 | Do pass as amended | Senate Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alliance for Boys and Men of Color | ** Support | Aug 17, 2015 |
| American Civil Liberties Union of California | ** Support | Aug 17, 2015 |
| American Probation and Parole Association | ** Support | Jul 16, 2015 |
| Annie E. Casey Foundation Juvenile Justice Strategy Group | ** Support | Aug 17, 2015 |
| Anti-Recidivism Coalition | ** Support | Jul 16, 2015 |
| Asian Americans Advancing Justice - Asian Law Caucus | ** Support | Aug 17, 2015 |
| Asian Americans Advancing Justice - Los Angeles | ** Support | Aug 17, 2015 |
| California Catholic Conference of Bishops | ** Support | Aug 17, 2015 |
| California Public Defenders Association | ** Support | Aug 17, 2015 |
| Californians for Safety and Justice | ** Support | Aug 17, 2015 |
| Californians United for a Responsible Budget | ** Support | Aug 17, 2015 |
| Campaign for Youth Justice | ** Support | Aug 17, 2015 |
| Center on Juvenile and Criminal Justice | ** Support | Aug 17, 2015 |
| Children Now | ** Support | Aug 17, 2015 |
| Children'S Defense Fund - California | ** Support | Jul 16, 2015 |
| East Bay Children's Law Offices | ** Support | Aug 17, 2015 |
| Ella Baker Center For Human Rights | ** Support | Aug 17, 2015 |
| Friends Committee On Legislation Of California | ** Support | Aug 17, 2015 |
| Human Rights Watch | ** Support | Jul 16, 2015 |
| Judicial Council | ** Support | Jul 16, 2015 |
| Legal Services for Prisoners with Children | ** Support | Jul 16, 2015 |
| National African American Drug Policy Coalition | ** Support | Aug 17, 2015 |
| National Center for Youth Law | ** Support | Aug 17, 2015 |
| National Employment Law Project | ** Support | Aug 17, 2015 |
| Policy Link | ** Support | Aug 17, 2015 |
| Post-Conviction Justice Project, USC Gould School of Law | ** Support | Jul 16, 2015 |
| Root and Rebound | ** Support | Aug 17, 2015 |
| Violence Prevention Coalition of Greater Los Angeles | ** Support | Jul 16, 2015 |
| Youth Justice Coalition | ** Support | Aug 17, 2015 |
| Youth Law Center | ** Support | Aug 17, 2015 |
SB 382
Page 7
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
UNFINISHED BUSINESS
Bill No: SB 382
Amended: 7/8/15
SENATE PUBLIC SAFETY COMMITTEE: 5-2, 5/12/15
AYES: Hancock, Leno, Liu, McGuire, Monning
NOES: Anderson, Stone
SENATE FLOOR: 24-13, 5/26/15
AYES: Allen, Beall, Block, Cannella, De León, Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Pan, Pavley, Roth, Wieckowski, Wolk
NOES: Anderson, Bates, Berryhill, Fuller, Gaines, Huff, Moorlach, Morrell, Nguyen, Nielsen, Runner, Stone, Vidak
NO VOTE RECORDED: Galgiani, Hall
ASSEMBLY FLOOR: 61-15, 7/16/15 - See last page for vote
SUBJECT: Juveniles: jurisdiction: sentencing
DIGEST: This bill adds guidance to the existing criteria used by judges in determining the fitness of a minor to have his or her case adjudicated in juvenile court.
Assembly Amendments make changes to some of the wording in the bill consistent with its provisions as passed by the Senate.
Existing law:
Provides in any case where the juvenile court determines fitness of the minor, the court must examine whether the minor would or would not be amenable to the care, treatment, and training program available through the juvenile court, based upon an evaluation of the following criteria:
The degree of criminal sophistication exhibited by the minor;
Whether the minor can be rehabilitated prior to the expiration of the juvenile court's jurisdiction;
The minor's previous delinquent history;
Success of previous attempts by the juvenile court to rehabilitate the minor; and,
The circumstances and gravity of the offense alleged in the petition to have been committed by the minor.
Authorizes a minor who has had his case prosecuted in adult criminal court, without a prior fitness hearing, to make a motion to receive a disposition under the juvenile court law, based upon each of the following five criteria:
The degree of criminal sophistication exhibited by the person;
Whether the person can be rehabilitated prior to the expiration of the juvenile court's jurisdiction;
The person's previous delinquent history;
Success of previous attempts by the juvenile court to rehabilitate the person; and,
The circumstances and gravity of the offense for which the person has been convicted.
This bill:
Adds the following discretionary factors within each of the existing five criteria used to determine whether a minor is a fit and proper subject to be dealt with in the juvenile court system:
The degree of criminal sophistication exhibited by the minor. Specifies that the juvenile court may give weight to any relevant factor, including, but not limited to, the minor's age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense, the minor's impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the minor's actions, and the effect of the minor's family and community environment and childhood trauma on the minor's criminal sophistication;
Whether the minor can be rehabilitated prior to the expiration of the juvenile court's jurisdiction. Provides that the juvenile court may give weight to any relevant factor, including, but not limited to, the minor's potential to grow and mature;
The minor's previous delinquent history. Provides the juvenile court may give weight to any relevant factor, including, but not limited to, the seriousness of the minor's previous delinquent history and the effect of the minor's family and community environment and childhood trauma on the minor's previous delinquent behavior;
Success of previous attempts by the juvenile court to rehabilitate the minor. Specifies that the juvenile court may give weight to any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minor's needs; and,
The circumstances and gravity of the offense alleged in the petition to have been committed by the minor. Specifies that the juvenile court may give weight to any relevant factor, including, but not limited to, the actual behavior of the person, the mental state of the person, the person's degree of involvement in the crime, the level of harm actually caused by the person, and the person's mental and emotional development.
Revises the five criteria that a juvenile must demonstrate to the court when requesting a juvenile court disposition in his or her case, which was initiated in adult criminal court without a prior finding that the person was not fit for juvenile court, to add the same discretionary factors above.
Background
The purpose of juvenile court law is to provide for the protection and safety of the public and each minor under the jurisdiction of the court and to preserve and strengthen family ties when possible, as specified. (WIC § 202 (a).) "Minors under the jurisdiction of the juvenile court as a consequence of delinquent conduct shall, in conformity with the interests of public safety and protection, receive 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. This guidance may include punishment that is consistent with the rehabilitative objectives of this chapter." (WIC § 202(b).)
California law generally provides that persons under the age of 18 who are alleged to have committed a crime are within the jurisdiction of the juvenile court. However, California law contains three discrete mechanisms for remanding minors to adult criminal court:
Statutory or legislative waiver requires that minors 14 years of age or older who are alleged to have committed specified murder and sex offenses be prosecuted in adult criminal court (WIC § 602(a));
Prosecutorial waiver gives prosecutors the discretion to file cases against minors 14 and older, depending upon their age, alleged offense and offense history, in juvenile or adult criminal court (WIC § 707(d)); and
Judicial waiver gives courts the discretion to evaluate whether a minor is unfit for juvenile court based on specified criteria. (WIC § 707 (a), (b) and (c).)
The fitness criteria set forth in statute are the basis by which the juvenile court evaluates whether a minor is amenable to the care, treatment and training available through the juvenile court. A minor is not required to establish innocence in order to show amenability to the juvenile court system, and the fact that a minor did commit the charged offense does not automatically require a finding of unfitness. (People v. Superior Court (Jones) 18 Cal.4th 667, 682 (1998).) A finding of amenability must be based on evidence and supported by findings addressed to each and every one of the criteria. (Id. at 683.)
Though the standards for determining a minor's fitness for treatment as a juvenile lack explicit definition . . . it is clear from the statute that the court must go beyond the circumstances surrounding the offense itself and the minor's possible denial of involvement in such offense. The court may consider a minor's past record of delinquency, and must take into account his behavior pattern as described in the probation officer's report. (H. v. Superior Court (1970) 3 Cal. 3d 709, 714 (citations omitted; emphasis in original.)
This bill adds discretionary, non-exclusive considerations for the court to weigh in each of the five existing fitness criteria. None of the considerations proposed by this bill appear to be inconsistent with the current criteria.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
The Anti-Recidivism Coalition
Alliance for Boys and Men of Color
American Civil Liberties Union of California
Annie E. Casey Foundation Juvenile Justice Strategy Group
Asian Americans Advancing Justice - Asian Law Caucus
Asian Americans Advancing Justice – Los Angeles
California Catholic Conference of Bishops
California Public Defenders Association
Californians for Safety and Justice
Californians United for a Responsible Budget
Campaign for Youth Justice
Center on Juvenile and Criminal Justice
Children Now
Children’s Defense Fund California
East Bay Children’s Law Offices
Ella Baker Center for Human Rights
Friends Committee on Legislation of California
Los Angeles Regional Reentry Partnership
National Center for Youth Law
National African American Drug Policy Coalition
National Employment Law Project
Office of Restorative Justice of the Archdiocese of Los Angeles
Post-Conviction Justice Project – USC Gould School of Law
Root and Rebound
Youth Justice Coalition
Youth Law Center
Policy Link
Several individuals
OPPOSITION: (Verified 8/10/15)
None Received
ARGUMENTS IN SUPPORT:
Supporters state in part, “In our experience, there is tremendous need for clarification of the fitness criteria. For example, the fifth criterion – the gravity and circumstances of the offense – is often misinterpreted to mean that any person alleged to have committed a serious offense must be found unfit. But that is not correct. In fact, even a young person who has committed a serious offense should be retained in juvenile court if he or she is capable of being rehabilitated, using the other fitness criteria. There is tremendous need to clarify this in the statutory criteria.
“Also, since the current fitness criteria were written, there is much more useful guidance on the impact of immaturity and adolescent development on behavior and capacity for change. A series of Supreme Court cases, culminating in Miller v. Alabama (2012) 567 U.S. ___, ___, 132 S.Ct. 2455, has recognized the importance of considering the hallmarks of youthfulness in making decisions about young people. This includes issues such as impulsivity, failure to appreciate risks and dangers, and peer pressure. The Supreme Court cases also highlight the transitory nature of adolescent delinquency – the fact that the vast majority of young people leave delinquency behind as they reach adulthood.”
ASSEMBLY FLOOR: 61-15, 7/16/15
AYES: Achadjian, Alejo, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Beth Gaines, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Grove, Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Lackey, Levine, Lopez, Low, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wilk, Williams, Wood, Atkins
NOES: Travis Allen, Bigelow, Brough, Chang, Dahle, Gallagher, Harper, Jones, Kim, Linder, Maienschein, Mathis, Patterson, Steinorth, Wagner
NO VOTE RECORDED: Gordon, Gray, Melendez, Waldron
Prepared by: Alison Anderson / PUB. S. /
8/13/15 13:24:34
**** END ****
SB 382
Page 2
SENATE THIRD READING
SB 382
(Lara)
As Amended July 8, 2015
Majority vote
SENATE VOTE: 24-13
Committee |
Votes |
Ayes |
Noes |
Public Safety |
5-0 |
Quirk, Lackey, Lopez, Low, Santiago |
|
SUMMARY: Adds guidance to the existing criteria used by judges in determining the fitness of a minor to have his or her case adjudicated in juvenile court. Specifically, this bill:
Adds the following discretionary factors within each of the existing five criteria used to determine whether a minor is a fit and proper subject to be dealt with in the juvenile court system:
The degree of criminal sophistication exhibited by the minor. Specifies that the juvenile court may give weight to any relevant factor, including, but not limited to, the minor's age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense, the minor's impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the minor's actions, and the effect of the minor's family and community environment and childhood trauma on the minor's criminal sophistication;
Whether the minor can be rehabilitated prior to the expiration of the juvenile court's jurisdiction. Provides that the juvenile court may give weight to any relevant factor, including, but not limited to, the minor's potential to grow and mature;
The minor's previous delinquent history. Provides the juvenile court may give weight to any relevant factor, including, but not limited to, the seriousness of the minor's previous delinquent history and the effect of the minor's family and community environment and childhood trauma on the minor's previous delinquent behavior;
Success of previous attempts by the juvenile court to rehabilitate the minor. Specifies that the juvenile court may give weight to any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minor's needs; and,
The circumstances and gravity of the offense alleged in the petition to have been committed by the minor. Specifies that the juvenile court may give weight to any relevant factor, including, but not limited to, the actual behavior of the person, the mental state of the person, the person's degree of involvement in the crime, the level of harm actually caused by the person, and the person's mental and emotional development.
Revises the five criteria that a juvenile must demonstrate to the court when requesting a juvenile court disposition in his or her case, which was initiated in adult criminal court without a prior finding that the person was not fit for juvenile court, to add the same discretionary factors above.
EXISTING LAW:
Provides in any case where the juvenile court determines fitness of the minor, the court must examine whether the minor would or would not be amenable to the care, treatment, and training program available through the juvenile court, based upon an evaluation of the following criteria:
The degree of criminal sophistication exhibited by the minor;
Whether the minor can be rehabilitated prior to the expiration of the juvenile court's jurisdiction;
The minor's previous delinquent history;
Success of previous attempts by the juvenile court to rehabilitate the minor; and,
The circumstances and gravity of the offense alleged in the petition to have been committed by the minor.
Authorizes a minor who has had his case prosecuted in adult criminal court, without a prior fitness hearing, to make a motion to receive a disposition under the juvenile court law, based upon each of the following five criteria:
The degree of criminal sophistication exhibited by the person;
Whether the person can be rehabilitated prior to the expiration of the juvenile court's jurisdiction;
The person's previous delinquent history;
Success of previous attempts by the juvenile court to rehabilitate the person; and,
The circumstances and gravity of the offense for which the person has been convicted.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: According to the author, "SB 382 would update the existing five criteria used by judges when determining the fitness of an individual to enter the adult criminal justice system to ensure judges consider, such as the actual behavior of the individual and their ability to grow, mature, and be rehabilitated. It is critical that judges have the most relevant information and full picture of an individual, before they make the critical decision of which jurisdiction a juvenile offender should be charged in."
Analysis Prepared by: Stella Choe / PUB. S. / (916) 319-3744 FN: 0001113
SB 382
Page 5
Date of Hearing: June 30, 2015
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
SB 382
(Lara) – As Amended June 15, 2015
As Proposed to be Amended in Committee
SUMMARY: Adds guidance to the existing criteria used by judges in determining the fitness of a minor to have his or her case adjudicated in juvenile court. Specifically, this bill:
Adds the following discretionary factors within each of the existing five criteria used to determine whether a minor is a fit and proper subject to be dealt with in the juvenile court system:
The degree of criminal sophistication exhibited by the minor. Specifies that the juvenile court may give weight to any relevant factor, including, but not limited to, the minor’s age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense, the minor’s impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the minor’s actions, and the effect of the minor’s family and community environment and childhood trauma on the minor’s criminal sophistication;
Whether the minor can be rehabilitated prior to the expiration of the juvenile court’s jurisdiction. Provides that the juvenile court may give weight to any relevant factor, including, but not limited to, the minor’s potential to grow and mature;
The minor’s previous delinquent history. Provides the juvenile court may give weight to any relevant factor, including, but not limited to, the seriousness of the minor’s previous delinquent history and the effect of the minor’s family and community environment and childhood trauma on the minor’s previous delinquent behavior;
Success of previous attempts by the juvenile court to rehabilitate the minor. Specifies that the juvenile court may give weight to any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minor’s needs; and,
The circumstances and gravity of the offense alleged in the petition to have been committed by the minor. Specifies that the juvenile court may give weight to any relevant factor, including, but not limited to, the actual behavior of the person, the mental state of the person, the person’s degree of involvement in the crime, the level of harm actually caused by the person, and the person’s mental and emotional development.
Revises the five criteria that a juvenile must demonstrate to the court when requesting a juvenile court disposition in his or her case, which was initiated in adult criminal court without a prior finding that the person was not fit for juvenile court, to add the same discretionary factors above.
EXISTING LAW:
States, except as provided, any person who is under the age of 18 when he or she violates any law of this state or of the United States or any ordinance of any city or county of this state defining crime other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court. (Welf. & Inst. Code, § 602, subd. (a).)
Provides in any case where the juvenile court determines fitness of the minor, the court must examine whether the minor would or would not be amenable to the care, treatment, and training program available through the juvenile court, based upon an evaluation of the following criteria:
The degree of criminal sophistication exhibited by the minor;
Whether the minor can be rehabilitated prior to the expiration of the juvenile court’s jurisdiction;
The minor’s previous delinquent history;
Success of previous attempts by the juvenile court to rehabilitate the minor; and,
The circumstances and gravity of the offense alleged in the petition to have been committed by the minor. (Welf. & Inst. Code, § 707, subds. (a) and (c).)
Authorizes a minor who has had his case prosecuted in adult criminal court, without a prior fitness hearing, to make a motion to receive a disposition under the juvenile court law, based upon each of the following five criteria:
The degree of criminal sophistication exhibited by the person;
Whether the person can be rehabilitated prior to the expiration of the juvenile court's jurisdiction;
The person's previous delinquent history;
Success of previous attempts by the juvenile court to rehabilitate the person; and,
The circumstances and gravity of the offense for which the person has been convicted. (Pen. Code, § 1170.17.)
FISCAL EFFECT: Unknown.
COMMENTS:
Author's Statement: According to the author, "SB 382 would update the existing 5 criteria used by judges when determining the fitness of an individual to enter the adult criminal justice system to ensure judges consider, such as the actual behavior of the individual and their ability to grow, mature, and be rehabilitated. It is critical that judges have the most relevant information and full picture of an individual, before they make the critical decision of which jurisdiction a juvenile offender should be charged in."
Background: According to background materials provided by the author's office, "Traditionally, juveniles in California could only be transferred to the adult criminal courts after a judicial 'fitness' hearing. At the hearing, the juvenile court judge would receive a comprehensive social study report, and evaluate the young person’s 'fitness' to remain in juvenile court in light of five criteria relating to criminal history, past attempts at rehabilitation, capacity to be rehabilitated, criminal sophistication, and characteristics of the alleged offense. Since the enactment of Proposition 21 in 2000, juveniles as young as 14 years of age may also be handled in the adult courts by prosecutorial 'direct file,' which bypasses the traditional judicial hearing."
Jurisdiction Over Juvenile Offenders: California law generally provides that persons under the age of 18 who are alleged to have committed a crime are within the jurisdiction of the juvenile court. However, there are three discrete mechanisms for remanding minors to adult criminal court:
By statutory waiver, meaning that a statute mandates that juveniles who fall into certain categories automatically will be transferred to adult court. Current statutes provide that juvenile court has no jurisdiction over minors 14 years of age and older who are alleged to have committed first degree murder where the minor personally murdered the victim, or who are alleged to have committed specified "1-strike" forcible sex crime offenses under certain circumstances; these offenses are required to be prosecuted in adult court. (Welf. & Inst. Code, § 602, subd. (b).)
By prosecutorial waiver, meaning for certain cases prosecutors have
the discretion to file charges against certain minors in juvenile or
adult criminal court. For minors 14 years of age or older, a
prosecutor may directly file the case in adult criminal court if the
minor has previously committed an offense listed in Welfare and
Institutions Code section 707(b) and the current offense is also one
of those listed offenses, as well as in other enumerated
circumstances such as when a minor is alleged to have committed an
offense that if committed by an adult would be punishable by death or
imprisonment in state prison for life. (Welf. & Inst. Code, §
707, subd.(d)(2).) For minors 16 years of age or older, a prosecutor
may directly file the case in adult criminal court if the minor's
current offense is one of the offenses listed in Welfare and
Institutions Code section 707(b). (Welf. & Inst. Code, § 707,
subd. (d)(1).)
By judicial waiver, meaning that juvenile court judges use their
discretion to determine whether to waive jurisdiction over a case.
In these instances, the court must make a determination as to whether
the minor is fit for juvenile court. The juvenile court determines
the fitness of a minor for juvenile court by weighing whether the
minor would be amenable to the care, treatment, and training program
available through the facilities of the juvenile court, based upon an
evaluation of the following criteria:
The degree of criminal sophistication exhibited by the minor;
Whether the minor can be rehabilitated prior to the expiration of the juvenile court’s jurisdiction;
The minor's previous delinquent history;
Success of previous attempts by the juvenile court to rehabilitate the minor; and,
The circumstances and gravity of the offense alleged in the petition to have been committed by the minor. (Welf. & Inst. Code, § 707, subds. (a) and (c).)
This bill deals with judicial waivers, where a court considers
the five enumerated factors to determine the fitness of a minor for
juvenile court. This bill merely provides additional guidance to the
courts on how to evaluate the criteria, and replaces the term
"consider" with "give weight to."
Proposed Amendments to be Adopted in Committee: This bill will be heard as proposed to be amended. The amendments are non-substantive in nature. The amendments conform the language provided in Penal Code section 1170.17 to the language in Welfare and Institutions Code section 707 in order to make the discretionary factors uniform in both sections.
Arguments in Support:
According to the Ella Baker Center for Human Rights, "Current law allows youth as young as 14 to be charged as adults. Some youth may be direct filed by prosecutors, bypassing the courts, while other youth must go through a fitness hearing where a judge makes the determination to remove the youth from juvenile proceedings into adult court, or keep the youth in juvenile court. Current law requires judges to apply 5 criteria to make this determination. In light of significant changes in the law and findings on adolescent brain development, this bill would codify additional factors that judges should take into consideration, including maturity, intellectual capacity, childhood trauma, and the level of harm directly caused by the youth."
The Judicial Council writes, "The Judicial Council supports SB 382 because it enhances judicial discretion, increases uniformity in courts when considering the fitness of a juvenile to enter either the juvenile court system or the adult criminal justice system, and is consistent with existing practices. SB 382 enhances judicial discretion by providing further illustration of the five existing criteria judges must consider when determining whether an individual should be tried as a juvenile or as an adult for certain serious crimes. Judges are free to use their discretion to determine which factors are relevant to each of the five listed criteria and to consider additional factors similar to those listed by SB 382.
"Further, the council believes that by giving courts additional
guidance on the Legislature's intent behind each of the five criteria
listed in existing law, SB 382 will result in greater consistency in
the application of those factors by courts. Finally, many criminal
justice partners already consider those factors when determining
whether an individual is fit for either the juvenile court system or
the adult court system."
Prior Legislation: SB 1151 (Kuehl), of the 2003-2004 Legislative Session, would have clarified the definition of the "circumstances and gravity of the offense" for purposes of evaluating the fitness of a minor for juvenile court jurisdiction. SB 1151 was vetoed.
REGISTERED SUPPORT / OPPOSITION:
Support
Anti-Recidivism Coalition (Sponsor)
Human Rights Watch (Sponsor)
Alliance for Boys and Men of Color
American Civil Liberties Union of California
American Probation and Parole Association
Asian Americans
Advancing Justice – Asian Law Caucus
Californians for Safety
and Justice
Center on Juvenile and Criminal Justice
Children Now
Children's Defense Fund – California
East Bay Children's Law Office
Friends Committee on Legislation of California
Judicial
Council
Legal Services for Prisoners with Children
Los Angeles Regional Reentry Partnership
National Employment Law Project
Office of Restorative Justice of the Archdiocese of Los Angeles
PolicyLink
Post-Conviction Justice Project, USC Gould School of Law
Root & Rebound
Violence Prevention Coalition of Greater Los Angeles
Youth Law Center
Opposition
None
Analysis Prepared by: Stella Choe / PUB. S. / (916) 319-3744
SB 382
Page 6
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: SB 382
Amended: 5/19/15
SENATE PUBLIC SAFETY COMMITTEE: 5-2, 5/12/15
AYES: Hancock, Leno, Liu, McGuire, Monning
NOES: Anderson, Stone
SUBJECT: Juveniles: jurisdiction: sentencing
DIGEST: This bill describes factors the court may consider in determining whether a person is fit or unfit for juvenile court, as specified.
Existing law:
Provides a process for the juvenile court to determine whether minors who are 14 years of age and older and alleged to have committed a crime are fit or unfit for juvenile court. (Welfare and Institutions Code ("WIC") § 707.) Depending upon the age of the minor, the alleged offense and the minor's offense history, the minor may or may not be presumed unfit for juvenile court; where a minor is presumed to be unfit for juvenile court, the burden of rebutting the presumption is on the child, to demonstrate by a preponderance of the evidence. (Id.; See also Ca. Rules of Court, rule 1483.)
Provides that in any case where the juvenile court determines fitness, the court must examine whether the minor would or would not be amenable to the care, treatment, and training program available through the juvenile court, based upon an evaluation of the following criteria:
The degree of criminal sophistication exhibited by the minor.
Whether the minor can be rehabilitated prior to the expiration of the juvenile court's jurisdiction.
The minor's previous delinquent history.
Success of previous attempts by the juvenile court to rehabilitate the minor.
The circumstances and gravity of the offenses alleged in the petition to have been committed by the minor. (WIC § 707(a)(1); (2); 707(c).)
Provides that a “determination that the minor is not a fit and proper subject to be dealt with under the juvenile court law may be based on any one or a combination of the factors (in current law enumerated above), .. . “ (WIC § 707.)
Provides a process, termed “reverse remand,” under which a minor who has been referred to the adult criminal court for prosecution without a court order that the minor has been found unfit for the juvenile court may be remanded back to the juvenile court if the minor is convicted of a lesser offense, as specified. (Penal Code § 1170.17.)
This bill:
Revises the statutory provisions described in existing law #2 above to include discretionary factors the court may consider in making these determinations, as follows:
With respect to the degree of criminal sophistication exhibited by the minor (factor #2 (a) above), specifies the following in statute: “. . . the juvenile court may consider any relevant factor, including, but not limited to, the minor’s age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense, the minor’s impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the minor’s actions, and the effect of the minor’s family and community environment and childhood trauma on the minor’s criminal sophistication.”
With respect to whether the minor can be rehabilitated prior to the expiration of the juvenile court’s jurisdiction (factor #2 (b) above), specifies the following in statute: “. . . the juvenile court may consider any relevant factor, including, but not limited to, the minor’s potential to grow and mature.”
With respect to the minor’s prior delinquent history (factor #2 (c) above), specifies the following in statute: “. . . the juvenile court may consider any relevant factor, including, but not limited to, the seriousness of the minor’s previous delinquent history and the effect of the minor’s family and community environment and childhood trauma on the minor’s previous delinquent behavior.”
With respect to the success of previous attempts by the juvenile court to rehabilitate the minor (factor #2 (d) above), specifies the following in statute: “ . . . the juvenile court may consider any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minor’s needs.”
With respect to the circumstances and gravity of the offense alleged in the petition to have been committed by the minor (factor #2 (e) above), this bill specifies the following in statute: “ . . . the juvenile court may consider any relevant factor, including, but not limited to, the level of harm actually caused by the minor, and the minor’s mental and emotional development.”
Revise the provisions in existing law #3 above to state that this determination may be based on any one or a combination of the areas of discretionary consideration added by this bill.
Incorporates the additional factors described above into the provision described in existing law #4 above, as specified, and provides that the circumstances and gravity of the offense for which the person has been convicted may include “but is not limited to, consideration of the actual behavior of the person, the mental state of the person, the person’s degree of involvement in the crime, the level of harm actually caused by the person, and the person’s mental and emotional development.”
Background
The purpose of juvenile court law is to provide for the protection and safety of the public and each minor under the jurisdiction of the court and to preserve and strengthen family ties when possible, as specified. (WIC § 202 (a).) "Minors under the jurisdiction of the juvenile court as a consequence of delinquent conduct shall, in conformity with the interests of public safety and protection, receive 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. This guidance may include punishment that is consistent with the rehabilitative objectives of this chapter." (WIC § 202(b).)
California law generally provides that persons under the age of 18 who are alleged to have committed a crime is within the jurisdiction of the juvenile court. However, California law contains three discrete mechanisms for remanding minors to adult criminal court:
Statutory or legislative waiver requires that minors 14 years of age or older who are alleged to have committed specified murder and sex offenses be prosecuted in adult criminal court (WIC § 602(a));
Prosecutorial waiver gives prosecutors the discretion to file cases against minors 14 and older, depending upon their age, alleged offense and offense history, in juvenile or adult criminal court (WIC § 707(d)); and
Judicial waiver gives courts the discretion to evaluate whether a minor is unfit for juvenile court based on specified criteria. (WIC § 707 (a), (b) and (c).)
The fitness criteria set forth in statute are the basis by which the juvenile court evaluates whether a minor is amenable to the care, treatment and training available through the juvenile court. A minor is not required to establish innocence in order to show amenability to the juvenile court system, and the fact that a minor did commit the charged offense does not automatically require a finding of unfitness. (People v. Superior Court (Jones) 18 Cal.4th 667, 682 (1998).) A finding of amenability must be based on evidence and supported by findings addressed to each and every one of the criteria. (Id. at 683.)
Though the standards for determining a minor's fitness for treatment as a juvenile lack explicit definition . . . it is clear from the statute that the court must go beyond the circumstances surrounding the offense itself and the minor's possible denial of involvement in such offense. The court may consider a minor's past record of delinquency, and must take into account his behavior pattern as described in the probation officer's report. (H. v. Superior Court (1970) 3 Cal. 3d 709, 714 (citations omitted; emphasis in original.)
This bill adds discretionary, non-exclusive considerations for the court to consider in each of the five existing fitness criteria. None of the considerations proposed by this bill would appear to be inconsistent with the current criteria.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
The Anti-Recidivism Coalition
Alliance for Boys and Men of Color
American Civil Liberties Union of California
Annie E. Casey Foundation Juvenile Justice Strategy Group
Asian Americans Advancing Justice - Asian Law Caucus
Asian Americans Advancing Justice – Los Angeles
California Catholic Conference of Bishops
California Public Defenders Association
Californians for Safety and Justice
Californians United for a Responsible Budget
Campaign for Youth Justice
Center on Juvenile and Criminal Justice
Children Now
Children’s Defense Fund California
East Bay Children’s Law Offices
Ella Baker Center for Human Rights
Friends Committee on Legislation of California
Los Angeles Regional Reentry Partnership
National Center for Youth Law
National African American Drug Policy Coalition
National Employment Law Project
Office of Restorative Justice of the Archdiocese of Los Angeles
Post-Conviction Justice Project – USC Gould School of Law
Root and Rebound
Youth Justice Coalition
Youth Law Center
Policy Link
Several individuals
OPPOSITION: (Verified 5/19/15)
None received
ARGUMENTS IN SUPPORT: Supporters state in part, “In our experience, there is tremendous need for clarification of the fitness criteria. For example, the fifth criterion – the gravity and circumstances of the offense – is often misinterpreted to mean that any person alleged to have committed a serious offense must be found unfit. But that is not correct. In fact, even a young person who has committed a serious offense should be retained in juvenile court if he or she is capable of being rehabilitated, using the other fitness criteria. There is tremendous need to clarify this in the statutory criteria.
“Also, since the current fitness criteria were written, there is much more useful guidance on the impact of immaturity and adolescent development on behavior and capacity for change. A series of Supreme Court cases, culminating in Miller v. Alabama (2012) 567 U.S. ___, ___, 132 S.Ct. 2455, has recognized the importance of considering the hallmarks of youthfulness in making decisions about young people. This includes issues such as impulsivity, failure to appreciate risks and dangers, and peer pressure. The Supreme Court cases also highlight the transitory nature of adolescent delinquency – the fact that the vast majority of young people leave delinquency behind as they reach adulthood.”
Prepared by: Alison Anderson / PUB. S. /
5/21/15 10:15:42
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SB 382 (Lara) Page 7 of 7
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: SB 382 Hearing Date: May 12, 2015
Author: |
Lara |
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Version: |
April 20, 2015 |
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Urgency: |
No |
Fiscal: |
No |
Consultant: |
AA |
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Subject: Juveniles: Fitness Criteria
HISTORY
Source: Human Rights Watch
Prior Legislation: SB 1151 (Kuehl) – Vetoed, 2004
Support: The Anti-Recidivism Coalition; Alliance for Boys and Men of Color; Annie E. Casey Foundation Juvenile Justice Strategy Group; Asian Americans Advancing Justice - Asian Law Caucus; Asian Americans Advancing Justice – Los Angeles; California Catholic Conference; California Public Defenders Association; Californians United for a Responsible Budget; Campaign for Youth Justice; Center on Juvenile and Criminal Justice; Children Now; Children’s Defense Fund California; East Bay Children’s Law Offices; Ella Baker Center for Human Rights; Friends Committee on Legislation of California; Los Angeles Regional Reentry Partnership; National Center for Youth Law; National African American Drug Policy Coalition; National Employment Law Project; Office of Restorative Justice of the Archdiocese of Los Angeles; Post-Conviction Justice Project – USC Gould School of Law; Root and Rebound; Youth Justice Coalition; Youth Law Center; Policy Link; several individuals
Opposition: None known
PURPOSE
The purpose of this bill is to further describe factors the court may consider in determining whether a person is fit or unfit for juvenile court, as specified.
Current law generally provides a process for the juvenile court to determine whether minors who are 14 years of age and older and alleged to have committed a crime are fit or unfit for juvenile court. (Welfare and Institutions Code ("WIC") § 707.) Depending upon the age of the minor, the alleged offense and the minor's offense history, the minor may or may not be presumed unfit for juvenile court; where a minor is presumed to be unfit for juvenile court, the burden of rebutting the presumption is on the child, to demonstrate by a preponderance of the evidence. (Id.; See also Ca. Rules of Court, rule 1483.)
Under current law, in any case where the juvenile court determines fitness, the court must examine whether the minor would or would not be amenable to the care, treatment, and training program available through the juvenile court, based upon an evaluation of the following criteria:
The degree of criminal sophistication exhibited by the minor.
Whether the minor can be rehabilitated prior to the expiration of the juvenile court's jurisdiction.
The minor's previous delinquent history.
Success of previous attempts by the juvenile court to rehabilitate the minor.
The circumstances and gravity of the offenses alleged in the petition to have been committed by the minor. (WIC § 707(a)(1); (2); 707(c).)
This bill would revise these statutory provisions to include discretionary factors the court may consider in making these determinations, as follows:
With respect to the degree of criminal sophistication exhibited by the minor (factor #1 above), specify the following in statute:
“. . . the juvenile court may consider any relevant factor, including, but not limited to, the minor’s age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense, the minor’s impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the minor’s actions, and the effect of the minor’s family and community environment and childhood trauma on the minor’s criminal sophistication.”
With respect to whether the minor can be rehabilitated prior to the expiration of the juvenile court’s jurisdiction (factor # 2 above), specify the following in statute:
“. . . the juvenile court may consider any relevant factor, including, but not limited to, the minor’s potential to grow and mature.”
With respect to the minor’s prior delinquent history (factor # 3 above), specify the following in statute:
“. . . the juvenile court may consider any relevant factor, including, but not limited to, the seriousness of the minor’s previous delinquent history and the effect of the minor’s family and community environment and childhood trauma on the minor’s previous delinquent behavior.”
With respect to the success of previous attempts by the juvenile court to rehabilitate the minor (factor # 4 above), specify the following in statute:
“ . . . the juvenile court may consider any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minor’s needs.”
With respect to the circumstances and gravity of the offense alleged in the petition to have been committed by the minor (factor # 5 above), this bill would specify the following in statute:
“ . . . the juvenile court may consider any relevant factor, including, but not limited to, the level of harm actually caused by the minor, and the minor’s mental and emotional development.”
Current law generally provides that a “determination that the minor is not a fit and proper subject to be dealt with under the juvenile court law may be based on any one or a combination of the factors (in current law enumerated above), . . . “ (WIC § 707.)
This bill would revise these provisions to state that this determination may be based on any one or a combination of the areas of discretionary consideration added by this bill.
Current law generally provides a process, termed “reverse remand,” under which a minor who has been referred to the adult criminal court for prosecution without a court order that the minor has been found unfit for the juvenile court may be remanded back to the juvenile court if the minor is convicted of a lesser offense, as specified. (Penal Code § 1170.17.)
This bill would incorporate the additional factors described above into this provision, as specified. This bill would provide that the circumstances and gravity of the offense for which the person has been convicted may include “but is not limited to, consideration of the actual behavior of the person, the mental state of the person, the person’s degree of involvement in the crime, the level of harm actually caused by the person, and the person’s mental and emotional development.”
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past eight years, this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.
On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:
143% of design bed capacity by June 30, 2014;
141.5% of design bed capacity by February 28, 2015; and,
137.5% of design bed capacity by February 28, 2016.
In February of this year the administration reported that as “of February 11, 2015, 112,993 inmates were housed in the State’s 34 adult institutions, which amounts to 136.6% of design bed capacity, and 8,828 inmates were housed in out-of-state facilities. This current population is now below the court-ordered reduction to 137.5% of design bed capacity.” (Defendants’ February 2015 Status Report In Response To February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted)).
While significant gains have been made in reducing the prison population, the state now must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:
Whether a proposal erodes a measure which has contributed to reducing the prison population;
Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
Whether a proposal corrects a constitutional problem or legislative drafting error; and
Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.
COMMENTS
Stated Need for This Bill
The author states:
SB 382 would expand the existing fitness criteria used by judges when determining whether a juvenile offender should be tried in juvenile or adult court, so that judges may consider more comprehensive information about the juvenile’s ability to rehabilitate.
Before the passage of Proposition 21, youth in California were sent to the adult criminal justice system only after having a “fitness” hearing where a judge determined which justice system the youth should be sent to using specified criteria, known as fitness criteria. Currently judges determine whether a juvenile offender’s case should be heard in juvenile or adult court in approximately 25 percent of cases. The criteria that is used when a fitness hearing does occur is outdated and not based on current law or cognitive science.
The decision to send a juvenile to the adult system is a very serious one. The juvenile court system is focused on rehabilitation and provides far more supports and opportunities for juvenile offenders compared to adult criminal facilities. Recent U.S. and California Supreme court cases, as well as cognitive science has found that juveniles are more able to reform and become productive members of society, if allowed to access the appropriate rehabilitation.
SB 382 would update the existing 5 criteria used by judges when determining the fitness of an individual to enter the adult criminal justice system to ensure judges consider, such as the actual behavior of the of the individual and their ability to grow, mature, and be rehabilitated. It is critical that judges have the most relevant information and full picture of an individual, before they make the critical decision of which jurisdiction a juvenile offender should be charged in.
2. Background: Jurisdiction Over Minors Alleged to Have Committed Crimes
The purpose of juvenile court law is to provide for the protection and safety of the public and each minor under the jurisdiction of the court and to preserve and strengthen family ties when possible, as specified. (WIC § 202 (a).) "Minors under the jurisdiction of the juvenile court as a consequence of delinquent conduct shall, in conformity with the interests of public safety and protection, receive 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. This guidance may include punishment that is consistent with the rehabilitative objectives of this chapter." (WIC § 202(b).)
California law generally provides that persons under the age of 18 who are alleged to have committed a crime is within the jurisdiction of the juvenile court.1 However, California law contains three discrete mechanisms for remanding minors to adult criminal court:
Statutory or legislative waiver requires that minors 14 years of age or older who are alleged to have committed specified murder and sex offenses be prosecuted in adult criminal court (WIC § 602(a));
Prosecutorial waiver gives prosecutors the discretion to file cases against minors 14 and older, depending upon their age, alleged offense and offense history, in juvenile or adult criminal court (WIC § 707(d)); and
Judicial waiver gives courts the discretion to evaluate whether a minor is unfit for juvenile court based on specified criteria. (WIC § 707 (a), (b) and (c).)
Prior to 2000, California was strictly a judicial waiver state; any minor tried in adult criminal court first had to be found unfit by the juvenile court. In 1999, SB 334 (Alpert) – Ch. 996, Stats. 1999, introduced statutory waiver in California for certain murder and sex offenses personally committed by a minor 14 years of age or older. On March 7, 2000, most provisions of SB 334 were chaptered out by the passage of Proposition 21, which enacted the waiver structure described above that is current law.
3. Fitness Criteria
The fitness criteria set forth in statute are the basis by which the juvenile court evaluates whether a minor is amenable to the care, treatment and training available through the juvenile court. A minor is not required to establish innocence in order to show amenability to the juvenile court system, and the fact that a minor did commit the charged offense does not automatically require a finding of unfitness. (People v. Superior Court (Jones) 18 Cal.4th 667, 682 (1998).) A finding of amenability must be based on evidence and supported by findings addressed to each and every one of the criteria. (Id. at 683.)
Though the standards for determining a minor's fitness for treatment as a juvenile lack explicit definition . . . it is clear from the statute that the court must go beyond the circumstances surrounding the offense itself and the minor's possible denial of involvement in such offense. The court may consider a minor's past record of delinquency, and must take into account his behavior pattern as described in the probation officer's report. (H. v. Superior Court (1970) 3 Cal. 3d 709, 714 (citations omitted; emphasis in original.)
This bill would add discretionary, non-exclusive considerations for the court to consider in each of the five existing fitness criteria. None of the considerations proposed by this bill would appear to be inconsistent with the current criteria.
SHOULD THE CRITERIA FOR DETERMINING WHETHER A MINOR IF FIT OR UNFIT FOR JUVENILE COURT BE FURTHER DESCRIBED IN STATUTE, AS PROPOSED BY THIS BILL?
4. Support
The Youth Law Center, which supports this bill, states in part:
In our experience, there is tremendous need for clarification of the fitness criteria. For example, the fifth criterion – the gravity and circumstances of the offense – is often misinterpreted to mean that any person alleged to have committed a serious offense must be found unfit. But that is not correct. In fact, even a young person who has committed a serious offense should be retained in juvenile court if he or she is capable of being rehabilitated, using the other fitness criteria. There is tremendous need to clarify this in the statutory criteria.
Also, since the current fitness criteria were written, there is much more useful guidance on the impact of immaturity and adolescent development on behavior and capacity for change. A series of Supreme Court cases, culminating in Miller v. Alabama (2012) 567 U.S. ___, ___, 132 S.Ct. 2455, has recognized the importance of considering the hallmarks of youthfulness in making decisions about young people. This includes issues such as impulsivity, failure to appreciate risks and dangers, and peer pressure. The Supreme Court cases also highlight the transitory nature of adolescent delinquency – the fact that the vast majority of young people leave delinquency behind as they reach adulthood.
5. Technical Amendments
Senate Engrossing and Enrolling has submitted purely technical amendments that it asks the Committee to make.
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1
An amendment in 1971 lowered the jurisdictional age from 21 to 18.
(1971 Cal. Stats. 3766, c. 1748, § 66.)
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