BILL NUMBER: SB 1626	CHAPTERED  09/29/06

	CHAPTER  675
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2006
	PASSED THE SENATE  AUGUST 23, 2006
	PASSED THE ASSEMBLY  AUGUST 14, 2006
	AMENDED IN ASSEMBLY  AUGUST 7, 2006
	AMENDED IN ASSEMBLY  JUNE 13, 2006
	AMENDED IN SENATE  MAY 2, 2006
	AMENDED IN SENATE  APRIL 6, 2006

INTRODUCED BY   Senator Ashburn

                        FEBRUARY 24, 2006

   An act to amend Section 790 of the Welfare and Institutions Code,
relating to juvenile crime.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1626, Ashburn  Juvenile crime.
   Existing juvenile law, enacted by Proposition 21 of the 2000
statewide primary election, provides that if a minor consents and
waives his or her right to a speedy jurisdictional hearing, the court
may refer the case to the probation department or summarily grant
deferred entry of judgment if the minor admits the charges in the
petition and waives time for the pronouncement of the judgment and
meets other eligibility criteria. This provision does not apply if
the minor has committed any one of various, specified serious or
violent offenses.
   Existing law provides that, upon the agreement of the prosecuting
attorney, the public defender or the minor's private defense
attorney, and the presiding judge of the juvenile court or his or her
designee, the procedure for deferred entry of judgment shall be
completed as soon as possible after the initial filing of the
petition. If they do not agree, existing law requires that the minor'
s case be heard according to procedures generally governing juvenile
cases.
    The bill would delete the latter provisions described above
requiring the agreement of the attorneys and the judge and would
instead provide that upon a finding that a minor is suitable for
deferred entry of judgment and would benefit from education,
treatment, and rehabilitation efforts, the court may grant deferred
entry of judgment. The bill would require the court to make findings
on the record that a minor is appropriate for deferred entry of
judgment in any case in which it is granted. Because the bill would
amend an initiative statute, it would require a 2/3vote.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 790 of the Welfare and Institutions Code is
amended to read:
   790.  (a) Notwithstanding Section 654 or 654.2, or any other
provision of law, this article shall apply whenever a case is before
the juvenile court for a determination of whether a minor is a person
described in Section 602 because of the commission of a felony
offense, if all of the following circumstances apply:
   (1) The minor has not previously been declared to be a ward of the
court for the commission of a felony offense.
   (2) The offense charged is not one of the offenses enumerated in
subdivision (b) of Section 707.
   (3) The minor has not previously been committed to the custody of
the Youth Authority.
   (4) The minor's record does not indicate that probation has ever
been revoked without being completed.
   (5) The minor is at least 14 years of age at the time of the
hearing.
   (6) The minor is eligible for probation pursuant to Section
1203.06 of the Penal Code.
   (b) The prosecuting attorney shall review his or her file to
determine whether or not paragraphs (1) to (6), inclusive, of
subdivision (a) apply. If the minor is found eligible for deferred
entry of judgment, the prosecuting attorney shall file a declaration
in writing with the court or state for the record the grounds upon
which the determination is based, and shall make this information
available to the minor and his or her attorney. Upon a finding that
the minor is also suitable for deferred entry of judgment and would
benefit from education, treatment, and rehabilitation efforts, the
court may grant deferred entry of judgment. Under this procedure, the
court may set the hearing for deferred entry of judgment at the
initial appearance under Section 657. The court shall make findings
on the record that a minor is appropriate for deferred entry of
judgment pursuant to this article in any case where deferred entry of
judgment is granted.