BILL ANALYSIS Ó
SB 382
Page 1
SENATE THIRD READING
SB
382 (Lara)
As Amended July 8, 2015
Majority vote
SENATE VOTE: 24-13
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |5-0 |Quirk, Lackey, Lopez, | |
| | |Low, Santiago | |
| | | | |
| | | | |
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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:
1)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:
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a) 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;
b) 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;
c) 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;
d) 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,
e) 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
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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.
2)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:
1)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:
a) The degree of criminal sophistication exhibited by the
minor;
b) Whether the minor can be rehabilitated prior to the
expiration of the juvenile court's jurisdiction;
c) The minor's previous delinquent history;
d) Success of previous attempts by the juvenile court to
rehabilitate the minor; and,
e) The circumstances and gravity of the offense alleged in
the petition to have been committed by the minor.
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2)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:
a) The degree of criminal sophistication exhibited by the
person;
b) Whether the person can be rehabilitated prior to the
expiration of the juvenile court's jurisdiction;
c) The person's previous delinquent history;
d) Success of previous attempts by the juvenile court to
rehabilitate the person; and,
e) 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
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offender should be charged in."
Analysis Prepared by: Stella Choe / PUB. S.
/ (916) 319-3744 FN:
0001113