BILL ANALYSIS                                                                                                                                                                                                    



                                                                     SB 382


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          SENATE THIRD READING


          SB  
          382 (Lara)


          As Amended  July 8, 2015


          Majority vote


          SENATE VOTE:  24-13


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |5-0  |Quirk, Lackey, Lopez, |                    |
          |                |     |Low, Santiago         |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          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