SB 382, as amended, Lara. Juveniles: jurisdiction: sentencing.
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 person’s 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.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1170.17 of the Penal Code is amended
2to read:
(a) When a person is prosecuted for a criminal offense
4committed while he or she was under 18 years of age and the
5prosecution was lawfully initiated in a court of criminal jurisdiction
6without a prior finding that the person is not a fit and proper subject
7to be dealt with under the juvenile court law, upon subsequent
8conviction for any criminal offense, the person shall be subject to
9the same sentence as an adult convicted of the identical offense,
10in accordance with subdivision (a) of Section 1170.19, except
11under the circumstances described in subdivision (b), (c), or (d).
12(b) Where the conviction is for the type of offense which, in
13combination
with the person’s age at the time the offense was
14committed, makes the person eligible for transfer to a court of
15criminal jurisdiction, pursuant to a rebuttable presumption that the
16person is not a fit and proper subject to be dealt with under the
17juvenile court law, and the prosecution for the offense could not
18lawfully be initiated in a court of criminal jurisdiction, then either
19of the following shall apply:
20(1) The person shall be subject to the same sentence as an adult
21convicted of the identical offense in accordance with the provisions
22set forth in subdivision (a) of Section 1170.19, unless the person
23prevails upon a motion brought pursuant to paragraph (2).
24(2) Upon a motion brought by the person, the court shall order
25the probation department to prepare a written social
study and
26recommendation concerning the person’s fitness to be dealt with
27under the juvenile court law and the court shall either conduct a
28fitness hearing or suspend proceedings and remand the matter to
29the juvenile court to prepare a social study and make a
P3 1determination of fitness. The person shall receive a disposition
2under the juvenile court law only if the person demonstrates, by a
3preponderance of the evidence, that he or she is a fit and proper
4subject to be dealt with under the juvenile court law, based upon
5each of the following five criteria:
6(A) The degree of criminal sophistication exhibited by the
7person. This may include, but is not limited to, consideration of
8the person’s age, maturity, intellectual capacity, and physical,
9mental, and emotional health at the time of the offense, the person’s
10impetuosity or failure to
appreciate risks and consequences of
11criminal behavior, the effect of familial, adult, or peer pressure on
12the person’s actions, and the effect of the person’s family and
13community environment and childhood trauma on the person’s
14criminal sophistication.
15(B) Whether the person can be rehabilitated prior to the
16expiration of the juvenile court’s jurisdiction. This may include,
17but is not limited to, consideration of the person’s potential to grow
18and mature, and the person’s growth and maturation since the time
19that he or she committed the criminal offense.
20(C) The person’s previous delinquent history. This may include,
21but is not limited to, consideration of the seriousness of the person’s
22previous delinquent history and the effect of the person’s family
23and community
environment and childhood trauma on the person’s
24previous delinquent behavior.
25(D) Success of previous attempts by the juvenile court to
26rehabilitate the person. This may include, but is not limited to, an
27analysis of the adequacy of the services previously provided to
28address the person’s needs.
29(E) The circumstances and gravity of the offense for which the
30person has been convicted. This may include, but is not limited
31to, consideration of the actual behavior of the person, the mental
32state of the person, the person’s degree of involvement in the crime,
33the level of harm actually caused by the person, and the person’s
34mental and emotional development.
35If the court conducting the fitness hearing finds that the person
36is not a fit
and proper subject for juvenile court jurisdiction, then
37the person shall be sentenced by the court where he or she was
38convicted, in accordance with paragraph (1). If the court conducting
39the hearing on fitness finds that the person is a fit and proper
40subject for juvenile court jurisdiction, then the person shall be
P4 1subject to a disposition in accordance with subdivision (b) of
2Section 1170.19.
3(c) Where the conviction is for the type of offense which, in
4combination with the person’s age at the time the offense was
5committed, makes the person eligible for transfer to a court of
6criminal jurisdiction, pursuant to a rebuttable presumption that the
7person is a fit and proper subject to be dealt with under the juvenile
8court law, then the person shall be sentenced as follows:
9(1) The
person shall be subject to a disposition under the juvenile
10court law, in accordance with the provisions of subdivision (b) of
11Section 1170.19, unless the district attorney prevails upon a motion,
12as described in paragraph (2).
13(2) Upon a motion brought by the district attorney, the court
14shall order the probation department to prepare a written social
15study and recommendation concerning whether the person is a fit
16and proper subject to be dealt with under the juvenile court law.
17The court shall either conduct a fitness hearing or suspend
18proceedings and remand the matter to the juvenile court for a
19determination of fitness. The person shall be subject to a juvenile
20disposition under the juvenile court law unless the district attorney
21demonstrates, by a preponderance of the evidence, that the person
22is not a fit and proper subject to be dealt
with under the juvenile
23court law, based upon the five criteria set forth in paragraph (2)
24of subdivision (b). If the person is found to be not a fit and proper
25subject to be dealt with under the juvenile court law, then the
26person shall be sentenced in the court where he or she was
27convicted, in accordance with the provisions set forth in subdivision
28(a) of Section 1170.19. If the person is found to be a fit and proper
29subject to be dealt with under the juvenile court law, the person
30shall be subject to a disposition, in accordance with the provisions
31of subdivision (b) of Section 1170.19.
32(d) Where the conviction is for the type of offense which, in
33combination with the person’s age, does not make the person
34eligible for transfer to a court of criminal jurisdiction, the person
35shall be subject to a disposition in accordance with the
provisions
36of subdivision (b) of Section 1170.19.
Section 707 of the Welfare and Institutions Code is
38amended to read:
(a) (1) In any case in which a minor is alleged to be a
40person described in subdivision (a) of Section 602 by reason of
P5 1the violation, when he or she was 16 years of age or older, of any
2criminal statute or ordinance except those listed in subdivision (b),
3upon motion of the petitioner made prior to the attachment of
4jeopardy the court shall cause the probation officer to investigate
5and submit a report on the behavioral patterns and social history
6of the minor being considered for a determination of unfitness.
7Following submission and consideration of the report, and of any
8other relevant evidence that the petitioner or the minor may wish
9to submit, the juvenile court may find that the minor is not a fit
10and proper subject to
be dealt with under the juvenile court law if
11it concludes that the minor would not be amenable to the care,
12treatment, and training program available through the facilities of
13the juvenile court, based upon an evaluation of the criteria specified
14in clause (i) ofbegin delete each subparagraphend deletebegin insert subparagraphsend insert (A) to (E),
15inclusive:
16(A) (i) The degree of criminal sophistication exhibited by the
17minor.
18(ii) When evaluating the criterion specified in clause (i), the
19juvenile court may consider any relevant factor, including, but not
20limited to, the minor’s age, maturity, intellectual capacity, and
21physical,
mental, and emotional health at the time of the alleged
22offense, the minor’s impetuosity or failure to appreciate risks and
23consequences of criminal behavior, the effect of familial, adult,
24or peer pressure on the minor’s actions, and the effect of the
25minor’s family and community environment and childhood trauma
26on the minor’s criminal sophistication.
27(B) (i) Whether the minor can be rehabilitated prior to the
28expiration of the juvenile court’s jurisdiction.
29(ii) When evaluating the criterion specified in clause (i), the
30juvenile court may consider any relevant factor, including, but not
31limited to, the minor’s potential to grow and mature.
32(C) (i) The minor’s previous delinquent history.
33(ii) When evaluating the criterion specified in clause (i), the
34juvenile court may consider any relevant factor, including, but not
35limited to, the seriousness of the minor’s previous delinquent
36history and the effect of the minor’s family and community
37environment and childhood trauma on the minor’s previous
38delinquent behavior.
39(D) (i) Success of previous attempts by the juvenile court to
40rehabilitate the minor.
P6 1(ii) When evaluating the criterion specified in clause (i), the
2juvenile court may consider any relevant factor, including, but not
3limited to, the adequacy of the services previously provided to
4address the minor’s needs.
5(E) (i) The circumstances and gravity of the offense alleged in
6the petition to have been committed by the minor.
7(ii) When evaluating the criterion specified in clause (i), the
8juvenile court may consider any relevant factor, including, but not
9limited to, the level of harm actually caused by the minor, and the
10minor’s mental and emotional development.
11A determination that the minor is not a fit and proper subject to
12be dealt with under the juvenile court law may be based on any
13one or a combination of the factors set forth in clause (i) ofbegin delete each begin insert subparagraphsend insert (A) to (E), inclusive, which shall
be
14subparagraphend delete
15recited in the order of unfitness. In any case in which a hearing
16has been noticed pursuant to this section, the court shall postpone
17the taking of a plea to the petition until the conclusion of the fitness
18hearing, and no plea that may have been entered already shall
19constitute evidence at the hearing.
20(2) (A) This paragraph shall apply to a minor alleged to be a
21person described in Section 602 by reason of the violation, when
22he or she has attained 16 years of age, of any felony offense when
23the minor has been declared to be a ward of the court pursuant to
24Section 602 on one or more prior occasions if both of the following
25apply:
26(i) The minor has previously been found to have committed two
27or more felony offenses.
28(ii) The offenses upon which the prior petition or petitions were
29based were committed when the minor had attained 14 years of
30age.
31(B) Upon motion of the petitioner made prior to the attachment
32of jeopardy the court shall cause the probation officer to investigate
33and submit a report on the behavioral patterns and social history
34of the minor being considered for a determination of unfitness.
35Following submission and consideration of the report, and of any
36other relevant evidence that the petitioner or the minor may wish
37to submit, the minor shall be presumed to be not a fit and proper
38subject to be dealt with under the juvenile court law unless the
39juvenile court concludes, based upon evidence, which evidence
40may be of extenuating or mitigating circumstances, that the minor
P7 1would
be amenable to the care, treatment, and training program
2available through the facilities of the juvenile court based upon an
3evaluation of the criteria specified in subclause (I) ofbegin delete each clauseend delete
4begin insert clausesend insert (i) to (v), inclusive:
5(i) (I) The degree of criminal sophistication exhibited by the
6minor.
7(II) When evaluating the criterion specified in subclause (I), the
8juvenile court may consider any relevant factor, including, but not
9limited to, the minor’s age, maturity, intellectual capacity, and
10physical, mental, and emotional health at the time of the alleged
11offense, the minor’s impetuosity or
failure to appreciate risks and
12consequences of criminal behavior, the effect of familial, adult,
13or peer pressure on the minor’s actions, and the effect of the
14minor’s family and community environment and childhood trauma
15on the minor’s criminal sophistication.
16(ii) (I) Whether the minor can be rehabilitated prior to the
17expiration of the juvenile court’s jurisdiction.
18(II) When evaluating the criterion specified in subclause (I), the
19juvenile court may consider any relevant factor, including, but not
20limited to, the minor’s potential to grow and mature.
21(iii) (I) The minor’s previous delinquent history.
22(II) When
evaluating the criterion specified in subclause (I), the
23juvenile court may consider any relevant factor, including, but not
24limited to, the seriousness of the minor’s previous delinquent
25history and the effect of the minor’s family and community
26environment and childhood trauma on the minor’s previous
27delinquent behavior.
28(iv) (I) Success of previous attempts by the juvenile court to
29rehabilitate the minor.
30(II) When evaluating the criterion specified in subclause (I), the
31juvenile court may consider any relevant factor, including, but not
32limited to, the adequacy of the services previously provided to
33address the minor’s needs.
34(v) (I) The circumstances and gravity of the
offense alleged in
35the petition to have been committed by the minor.
36(II) When evaluating the criterion specified in subclause (I), the
37juvenile court may consider any relevant factor, including, but not
38limited to, the level of harm actually caused by the minor, and the
39minor’s mental and emotional development.
P8 1A determination that the minor is a fit and proper subject to be
2dealt with under the juvenile court law shall be based on a finding
3of amenability after consideration of the criteria set forth in
4subclause (I) ofbegin delete each clauseend deletebegin insert clausesend insert (i) to (v), inclusive, and
5findings therefore recited in the order as to each of those criteria
6that
the minor is fit and proper under each and every one of
those
7criteria. In making a finding of fitness, the court may consider
8extenuating and mitigating circumstances in evaluating each of
9those criteria. In any case in which the hearing has been noticed
10pursuant to this section, the court shall postpone the taking of a
11plea to the petition until the conclusion of the fitness hearing and
12no plea that may have been entered already shall constitute
13evidence at the hearing. If the minor is found to be a fit and proper
14subject to be dealt with under the juvenile court law pursuant to
15this subdivision, the minor shall be committed to placement in a
16juvenile hall, ranch camp, forestry camp, boot camp, or secure
17juvenile home pursuant to Section 730, or in any institution
18operated by the Department of Corrections and Rehabilitation,
19Division of Juvenile Facilities.
20(3) If, pursuant to
this subdivision, the minor is found to be not
21a fit and proper subject for juvenile court treatment and is tried in
22a court of criminal jurisdiction and found guilty by the trier of fact,
23the judge may commit the minor to the Department of Corrections
24and Rehabilitation, Division of Juvenile Facilities, in lieu of
25sentencing the minor to the state prison, unless the limitations
26specified in Section 1732.6 apply.
27(b) Subdivision (c) shall be applicable in any case in which a
28minor is alleged to be a person described in Section 602 by reason
29of the violation of one of the following offenses:
30(1) Murder.
31(2) Arson, as provided in subdivision (a) or (b) of Section 451
32of the Penal Code.
33(3) Robbery.
34(4) Rape with force, violence, or threat of great bodily harm.
35(5) Sodomy by force, violence, duress, menace, or threat of
36great bodily harm.
37(6) A lewd or lascivious act as provided in subdivision (b) of
38Section 288 of the Penal Code.
39(7) Oral copulation by force, violence, duress, menace, or threat
40of great bodily harm.
P9 1(8) An offense specified in subdivision (a) of Section 289 of
2the Penal Code.
3(9) Kidnapping for ransom.
4(10) Kidnapping for purposes of robbery.
5(11) Kidnapping with bodily harm.
6(12) Attempted murder.
7(13) Assault with a firearm or destructive device.
8(14) Assault by any means of force likely to produce great bodily
9injury.
10(15) Discharge of a firearm into an inhabited or occupied
11building.
12(16) An offense described in Section 1203.09 of the Penal Code.
13(17) An offense described in Section 12022.5 or 12022.53 of
14the Penal Code.
15(18) A felony offense in which the minor personally used a
16weapon described in any provision listed in Section 16590 of the
17Penal Code.
18(19) A felony offense described in Section 136.1 or 137 of the
19Penal Code.
20(20) Manufacturing, compounding, or selling one-half ounce
21or more of a salt or solution of a controlled substance specified in
22subdivision (e) of Section 11055 of the Health and Safety Code.
23(21) A violent felony, as defined in subdivision (c) of Section
24667.5 of the Penal Code, which also would constitute a felony
25violation of subdivision (b) of Section 186.22 of the Penal Code.
26(22) Escape, by the use of force or violence, from a county
27juvenile
hall, home, ranch, camp, or forestry camp in violation of
28subdivision (b) of Section 871 if great bodily injury is intentionally
29inflicted upon an employee of the juvenile facility during the
30commission of the escape.
31(23) Torture as described in Sections 206 and 206.1 of the Penal
32Code.
33(24) Aggravated mayhem, as described in Section 205 of the
34Penal Code.
35(25) Carjacking, as described in Section 215 of the Penal Code,
36while armed with a dangerous or deadly weapon.
37(26) Kidnapping for purposes of sexual assault, as punishable
38in subdivision (b) of Section 209 of the Penal Code.
39(27) Kidnapping
as punishable in Section 209.5 of the Penal
40Code.
P10 1(28) The offense described in subdivision (c) of Section 26100
2of the Penal Code.
3(29) The offense described in Section 18745 of the Penal Code.
4(30) Voluntary manslaughter, as described in subdivision (a)
5of Section 192 of the Penal Code.
6(c) With regard to a minor alleged to be a person described in
7Section 602 by reason of the violation, when he or she was 14
8years of age or older, of any of the offenses listed in subdivision
9(b), upon motion of the petitioner made prior to the attachment of
10jeopardy the court shall cause the probation officer to investigate
11and submit a report on the behavioral patterns
and social history
12of the minor being considered for a determination of unfitness.
13Following submission and consideration of the report, and of any
14other relevant evidence that the petitioner or the minor may wish
15to submit, the minor shall be presumed to be not a fit and proper
16subject to be dealt with under the juvenile court law unless the
17juvenile court concludes, based upon evidence, which evidence
18may be of extenuating or mitigating circumstances, that the minor
19would be amenable to the care, treatment, and training program
20available through the facilities of the juvenile court based upon an
21evaluation of each of the criteria specified in subparagraph (A) of
22begin delete each paragraphend deletebegin insert paragraphsend insert (1) to (5), inclusive:
23(1) (A) The degree of criminal sophistication exhibited by the
24minor.
25(B) When evaluating the criterion specified in subparagraph
26(A), the juvenile court may consider any relevant factor, including,
27but not limited to, the minor’s age, maturity, intellectual capacity,
28and physical, mental, and emotional health at the time of the
29alleged offense, the minor’s impetuosity or failure to appreciate
30risks and consequences of criminal behavior, the effect of familial,
31adult, or peer pressure on the minor’s actions, and the effect of the
32minor’s family and community environment and childhood trauma
33on the minor’s criminal sophistication.
34(2) (A) Whether the minor can be rehabilitated
prior to the
35expiration of the juvenile court’s jurisdiction.
36(B) When evaluating the criterion specified in subparagraph
37(A), the juvenile court may consider any relevant factor, including,
38but not limited to, the minor’s potential to grow and mature.
39(3) (A) The minor’s previous delinquent history.
P11 1(B) When evaluating the criterion specified in subparagraph
2(A), the juvenile court may consider any relevant factor, including,
3but not limited to, the seriousness of the minor’s previous
4delinquent history and the effect of the minor’s family and
5community environment and childhood trauma on the minor’s
6previous delinquent behavior.
7(4) (A) Success of previous attempts by the juvenile court to
8rehabilitate the minor.
9(B) When evaluating the criterion specified in subparagraph
10(A), the juvenile court may consider any relevant factor, including,
11but not limited to, the adequacy of the services previously provided
12to address the minor’s needs.
13(5) (A) The circumstances and gravity of the offenses alleged
14in the petition to have been committed by the minor.
15(B) When evaluating the criterion specified in subparagraph
16(A), the juvenile court may consider any relevant factor, including,
17but not limited to, the level of harm actually caused by the minor,
18and the minor’s mental and emotional development.
19A determination that the minor is a fit and proper subject to be
20dealt with under the juvenile court law shall be based on a finding
21of amenability after consideration of the criteria set forth in
22subparagraph (A) ofbegin delete each paragraphend deletebegin insert paragraphsend insert (1) to (5),
23inclusive, and findings therefore recited in the order as to each of
24those criteria that the minor is fit and proper under each and every
25one of those criteria. In making a finding of fitness, the court may
26consider extenuating or mitigating circumstances in evaluating
27each of those criteria. In any case in which a hearing has been
28noticed pursuant to this section, the court shall postpone the taking
29of a plea to the petition until the
conclusion of the fitness hearing
30and no plea which may have been entered already shall constitute
31evidence at the hearing. If, pursuant to this subdivision, the minor
32is found to be not a fit and proper subject for juvenile court
33treatment and is tried in a court of criminal jurisdiction and found
34guilty by the trier of fact, the judge may commit the minor to the
35Department of Corrections and Rehabilitation, Division of Juvenile
36Facilities, in lieu of sentencing the minor to the state prison, unless
37the limitations specified in Section 1732.6 apply.
38(d) (1) Except as provided in subdivision (b) of Section 602,
39the district attorney or other appropriate prosecuting officer may
40file an accusatory pleading in a court of criminal jurisdiction
P12 1against any minor 16 years of age or older who is accused of
2committing an offense
enumerated in subdivision (b).
3(2) Except as provided in subdivision (b) of Section 602, the
4district attorney or other appropriate prosecuting officer may file
5an accusatory pleading against a minor 14 years of age or older in
6a court of criminal jurisdiction in any case in which any one or
7more of the following circumstances apply:
8(A) The minor is alleged to have committed an offense that if
9committed by an adult would be punishable by death or
10imprisonment in the state prison for life.
11(B) The minor is alleged to have personally used a firearm
12during the commission or attempted commission of a felony, as
13described in Section 12022.5 or 12022.53 of the Penal Code.
14(C) The minor is alleged to have committed an offense listed
15in subdivision (b) in which any one or more of the following
16circumstances apply:
17(i) The minor has previously been found to be a person described
18in Section 602 by reason of the commission of an offense listed
19in subdivision (b).
20(ii) The offense was committed for the benefit of, at the direction
21of, or in association with any criminal street gang, as defined in
22subdivision (f) of Section 186.22 of the Penal Code, with the
23specific intent to promote, further, or assist in criminal conduct by
24gang members.
25(iii) The offense was committed for the purpose of intimidating
26or interfering with any other person’s free exercise or enjoyment
27of a
right secured to him or her by the Constitution or laws of this
28state or by the Constitution or laws of the United States and because
29of the other person’s race, color, religion, ancestry, national origin,
30disability, gender, or sexual orientation, or because the minor
31perceives that the other person has one or more of those
32characteristics, as described in Title 11.6 (commencing with
33Section 422.55) of Part 1 of the Penal Code.
34(iv) The victim of the offense was 65 years of age or older, or
35blind, deaf, quadriplegic, paraplegic, developmentally disabled,
36or confined to a wheelchair, and that disability was known or
37reasonably should have been known to the minor at the time of
38the commission of the offense.
39(3) Except as provided in subdivision (b) of Section 602, the
40district
attorney or other appropriate prosecuting officer may file
P13 1an accusatory pleading in a court of criminal jurisdiction against
2any minor 16 years of age or older who is accused of committing
3one or more of the following offenses, if the minor has previously
4been found to be a person described in Section 602 by reason of
5the violation of a felony offense, when he or she was 14 years of
6age or older:
7(A) A felony offense in which it is alleged that the victim of the
8offense was 65 years of age or older, or blind, deaf, quadriplegic,
9paraplegic, developmentally disabled, or confined to a wheelchair,
10and that disability was known or reasonably should have been
11known to the minor at the time of the commission of the offense.
12(B) A felony offense committed for the purposes of intimidating
13or
interfering with any other person’s free exercise or enjoyment
14of a right secured to him or her by the Constitution or laws of this
15state or by the Constitution or laws of the United States and because
16of the other person’s race, color, religion, ancestry, national origin,
17disability, gender, or sexual orientation, or because the minor
18perceived that the other person had one or more of those
19characteristics, as described in Title 11.6 (commencing with
20Section 422.55) of Part 1 of the Penal Code.
21(C) The offense was committed for the benefit of, at the direction
22of, or in association with any criminal street gang as prohibited by
23Section 186.22 of the Penal Code.
24(4) In any case in which the district attorney or other appropriate
25prosecuting officer has filed an accusatory pleading
against a minor
26in a court of criminal jurisdiction pursuant to this subdivision, the
27case shall then proceed according to the laws applicable to a
28criminal case. In conjunction with the preliminary hearing as
29provided in Section 738 of the Penal Code, the magistrate shall
30make a finding that reasonable cause exists to believe that the
31minor comes within this subdivision. If reasonable cause is not
32established, the criminal court shall transfer the case to the juvenile
33court having jurisdiction over the matter.
34(5) For an offense for which the prosecutor may file the
35accusatory pleading in a court of criminal jurisdiction pursuant to
36this subdivision, but elects instead to file a petition in the juvenile
37court, if the minor is subsequently found to be a person described
38in subdivision (a) of Section 602, the minor shall be committed to
39placement
in a juvenile hall, ranch camp, forestry camp, boot camp,
40or secure juvenile home pursuant to Section 730, or in any
P14 1institution operated by the Department of Corrections and
2Rehabilitation, Division of Juvenile Facilities.
3(6) If, pursuant to this subdivision, the minor is found to be not
4a fit and proper subject for juvenile court treatment and is tried in
5a court of criminal jurisdiction and found guilty by the trier of fact,
6the judge may commit the minor to the Department of Corrections
7and Rehabilitation, Division of Juvenile Facilities, in lieu of
8sentencing the minor to the state prison, unless the limitations
9specified in Section 1732.6 apply.
10(e) A report submitted by a probation officer pursuant to this
11section regarding the behavioral patterns and social history of the
12minor
being considered for a determination of unfitness shall
13include any written or oral statement offered by the victim, the
14victim’s parent or guardian if the victim is a minor, or if the victim
15has died, the victim’s next of kin, as authorized by subdivision (b)
16of Section 656.2. Victims’ statements shall be considered by the
17court to the extent they are relevant to the court’s determination
18of unfitness.
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