BILL NUMBER: AB 1709 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 14, 2012
INTRODUCED BY Assembly Member Mitchell
( Coauthors: Assembly Members
Alejo, Ammiano, and Wieckowski
)
FEBRUARY 15, 2012
An act to amend Sections 701, 702, 704, and 706 of, and to add
Section 679.5 to, the Welfare and Institutions Code, relating to
juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1709, as amended, Mitchell. Juveniles: jury trial.
Existing
(1) Existing law provides that
any person under 18 years of age who commits a crime is within the
jurisdiction of the juvenile court, except as specified. The juvenile
court must adjudicate a petition to declare a detained minor a ward
of the court within 15 days after the petition is filed. Existing
law, contained in 2 initiative statutes, commonly known as the Three
Strikes law, requires increased penalties for certain recidivist
offenders in addition to any other enhancement or penalty provisions
that may apply. Existing law requires that if a defendant has 2 or
more prior violent or serious felony convictions, the term for the
current felony conviction shall be an indeterminate term of
imprisonment in the state prison for life with a minimum term to be
served, as specified. Under certain circumstances, a juvenile
adjudication constitutes a violent or serious felony conviction under
those provisions.
This bill would provide require that
a youth who is 16 years of age or older at the time of the
commission of an offense that could be used as a future felony
conviction under the Three Strikes law is be
entitled to a jury trial in the juvenile court. Under
this bill, The bill also would require that the
jury trial would proceed in the same manner as a
jury trial in criminal court. This bill would provide that the right
to a jury trial does not affect the right of a detained minor to
adjudication of the petition to declare him or her a ward of the
court within 15 days of the filing of the petition. This bill would
also make conforming changes.
(2) Existing law authorizes a juvenile court to temporarily commit
a ward of the court to a diagnostic and treatment center of the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities, for up to 90 days if the ward is otherwise eligible for
commitment and the court concludes that the commitment would be in
the ward's best interest, including in cases in which the minor has
been adjudged a ward of the court due to habitual disobedience or
truancy or due to the violation of any state or federal law or local
ordinance defining crime, as specified. Existing law requires the
Chief of the Department of Corrections and Rehabilitation, Division
of Juvenile Facilities, to forward the minor's diagnosis and
treatment recommendations to the court within that 90-day period.
This bill would limit these provisions to minors who have been
adjudicated as wards of the court for violating any state or federal
law or local ordinance defining a crime, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 679.5 is added to the Welfare and Institutions
Code, to read:
679.5. (a) A youth who is 16 years of age or older at the time of
the commission of an offense, which, upon admission or adjudication,
could be used as a future felony conviction under paragraph (3) of
subdivision (d) of Section 667 of the Penal Code or under paragraph
(3) of subdivision (b) of Section 1170.12 of the Penal Code, shall be
entitled to a jury trial.
(b) A jury trial under this section shall proceed as provided in
Chapter 7 (commencing with Section 1041) and Chapter 8 (commencing
with Section 1046) of Title 6 of, and Title 7 (commencing with
Section 1065) of, Part 2 of the Penal Code.
(c) This section does not affect the right of a detained youth
under Section 657 to a trial within 15 days of the filing of the
petition to declare the youth a ward of the court.
SEC. 2. Section 701 of the Welfare and Institutions Code is
amended to read:
701. At the hearing, the court or jury as provided by Section
679.5 shall consider only the question of whether the
minor is a person described by Section 300, 601, or 602. The
admission and exclusion of evidence shall be pursuant to the rules of
evidence established by the Evidence Code and by judicial decision.
Proof beyond a reasonable doubt supported by evidence, legally
admissible in the trial of criminal cases, must be adduced to support
a finding that the minor is a person described by Section 602, and a
preponderance of evidence, legally admissible in the trial of civil
cases , must be adduced to support a finding that the
minor is a person described by Section 300 or 601. When it appears
that the minor has made an extrajudicial admission or confession and
denies the same at the hearing, the court may continue the hearing
for not to exceed seven days to enable the prosecuting attorney to
subpoena witnesses to attend the hearing to prove the allegations of
the petition. If the minor is not represented by counsel at the
hearing, it shall be deemed that objections that could have been made
to the evidence were made.
SEC. 3. Section 702 of the Welfare and Institutions Code is
amended to read:
702. After hearing the evidence, the court or jury as provided by
Section 679.5 shall make a finding, noted in the minutes of the
court, whether or not the minor is a person described by Section 300,
601, or 602. If the court or jury finds that the minor is not such a
person, the court shall order that the petition be dismissed and the
minor be discharged from any detention or restriction theretofore
ordered. If the court or jury finds that the minor is such a person,
the court shall make and enter those findings and order accordingly,
and shall then proceed to hear evidence on the question of the proper
disposition to be made of the minor. Prior to doing so, the court
may continue the hearing, if necessary, to receive the social study
of the probation officer, to refer the minor to a juvenile justice
community resource program as defined in Article 5.2 (commencing with
Section 1784) of Chapter 1 of Division 2.5, or to receive other
evidence on its own motion or the motion of a parent or guardian for
not to exceed 10 judicial days if the minor is detained during the
continuance. If the minor is not detained, it may continue the
hearing to a date not later than 30 days after the date of filing of
the petition. The court may, for good cause shown ,
continue the hearing for an additional 15 days, if the minor is not
detained. The court may make an order for detention of the minor or
his or her release from detention, during the period of the
continuance, as is appropriate.
If the minor is found to have committed an offense which would in
the case of an adult be punishable alternatively as a felony or a
misdemeanor, the court shall declare the offense to be a misdemeanor
or felony.
SEC. 4. Section 704 of the Welfare and Institutions Code is
amended to read:
704. (a) If the court or jury as provided by Section 679.5 has
determined that a minor is a person described by Section 602,
or if the court has determined that a minor is a person
described by Section 601 and a supplemental petition for commitment
of the minor to the Department of Corrections and Rehabilitation,
Division of Juvenile Facilities has been filed pursuant to Section
777, and the minor is otherwise eligible for commitment to
the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities, the court, if it concludes that a disposition of
the case in the best interest of the minor requires that observation
and diagnosis be made at a diagnostic and treatment center of the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities, may continue the hearing and order that the minor be
placed temporarily in a center for a period not to exceed 90 days,
with the further provision in the order that the Director
Chief of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities report to the court
its the diagnosis and his or her
recommendations concerning the minor within the 90-day period.
(b) The Chief of the Department of Corrections and Rehabilitation,
Division of Juvenile Facilities shall, within the 90 days, cause the
minor to be observed and examined and shall forward to the court his
diagnosis and recommendation concerning that minor's future care,
supervision, and treatment.
(c) The Department of Corrections and Rehabilitation, Division of
Juvenile Facilities shall accept the person if there is in effect a
contract made pursuant to Section 1752.1 and if it believes that the
person can be materially benefited by such diagnostic and treatment
services, and if the Chief of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities certifies that staff
and institutions are available. No such person shall be transported
to any facility under the jurisdiction of the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities until
the chief has notified the referring court of the place to which
that person is to be transported and the time at which he can be
received.
(d) The probation officer of the county in which an order is made
placing a minor in a diagnostic and treatment center pursuant to this
section, or any other peace officer designated by the court, shall
execute the order placing the minor in the center or returning him
therefrom to the court. The expense of the probation officer or other
peace officer incurred in executing that order is a charge upon the
county in which the court is situated.
SEC. 5. Section 706 of the Welfare and Institutions Code is
amended to read:
706. After a finding that a minor is a person described in
Section 601 or 602, the court shall hear evidence on the question of
the proper disposition to be made of the minor. The court shall
receive in evidence the social study of the minor made by the
probation officer and any other relevant and material evidence that
may be offered, including any written or oral statement offered by
the victim, the parent or guardian of the victim if the victim is a
minor, or if the victim has died or is incapacitated, the victim's
next of kin, as authorized by subdivision (b) of Section 656.2. In
addition, if the probation officer has recommended that the minor be
transferred to the Department of Corrections and Rehabilitation,
Division of Juvenile Facilities pursuant to an adjudication for an
offense requiring him or her to register as a sex offender pursuant
to Section 290.008 of the Penal Code, the SARATSO selected pursuant
to subdivision (d) of Section 290.04 of the Penal Code shall be used
to assess the minor, and the court shall receive that risk assessment
score into evidence. In any judgment and order of disposition, the
court shall state that the social study made by the probation officer
has been read and that the social study and any statement has been
considered by the court.