BILL NUMBER: SB 382	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 8, 2015
	AMENDED IN ASSEMBLY  JUNE 15, 2015
	AMENDED IN SENATE  MAY 19, 2015
	AMENDED IN SENATE  APRIL 20, 2015

INTRODUCED BY   Senator Lara
   (Coauthor: Senator Leno)

                        FEBRUARY 24, 2015

   An act to amend Section 1170.17 of the Penal Code, and to amend
Section 707 of the Welfare and Institutions Code, relating to
juveniles.



	LEGISLATIVE COUNSEL'S DIGEST


   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 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 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 given weight.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 1170.17 of the Penal Code is amended to read:
   1170.17.  (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 person's 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 person's 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 person'
s age, maturity, intellectual capacity, and physical, mental, and
emotional health at the time of the offense, the person's impetuosity
or failure to appreciate risks and consequences of criminal
behavior, the effect of familial, adult, or peer pressure on the
person's actions, and the effect of the person's family and community
environment and childhood trauma on the person's criminal
sophistication.
   (B) Whether the person can be rehabilitated prior to the
expiration of the juvenile court's jurisdiction. This may include,
but is not limited to, giving weight to the  person's
  minor's  potential to grow and  mature,
and the person's growth and maturation since the time that he or she
committed the criminal offense.   mature. 
   (C) The person's previous delinquent history. This may include,
but is not limited to, giving weight to the seriousness of the person'
s previous delinquent history and the effect of the person's family
and community environment and childhood trauma on the person's
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 person's 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 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.
   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 person's 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 person's 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 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.
   (B) (i) Whether the minor can be rehabilitated prior to the
expiration of the juvenile court's 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 minor's potential to grow and mature.
   (C) (i) The minor's 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 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.
   (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 minor's 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 person's degree of involvement in the crime,
 the level of harm actually caused by the  minor,
  person,  and the  minor's  
person's  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 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.
   (ii) (I) Whether the minor can be rehabilitated prior to the
expiration of the juvenile court's 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 minor's potential to grow and mature.
   (iii) (I) The minor's 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 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.
   (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 minor's 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 person's degree of involvement in the
crime,  the level of harm actually caused by the 
minor,   person,  and the  minor's
  person's  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 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.
   (2) (A) Whether the minor can be rehabilitated prior to the
expiration of the juvenile court's 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 minor's potential to grow and mature.
   (3) (A) The minor's 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 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.
   (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 minor's 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 person's degree of involvement in the
crime,  the level of harm actually caused by the 
minor,   person,  and the  minor's
  person's  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 person's 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 person's 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 person's 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 person's 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 victim's
parent or guardian if the victim is a minor, or if the victim has
died, the victim's 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 court's determination of
unfitness.