BILL NUMBER: AB 1709 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Mitchell
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 introduced, Mitchell. Juveniles: jury trial.
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 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 entitled
to a jury trial in the juvenile court. Under this bill, 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.
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 prov
ided by Section 679.5 shall first consider
only the question 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 it the court
or jury finds that the minor is not such a person, it
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, it the
court shall make and enter its 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, it 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 such 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 such the minor to the Youth
Authority Department of Corrections and
Rehabilitation, Division of Juvenile Facilities has
been filed pursuant to Section 777, and such
the minor is otherwise eligible for commitment to the
Youth Authority 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 such that
observation and diagnosis as can be made at a
diagnostic and treatment center of the Youth Authority
Department of Corrections and Rehabilitation, Division
of Juvenile Facilities , may continue the hearing and order
that such the minor be placed
temporarily in such a center for a period not to
exceed 90 days, with the further provision in such
the order that the Director of the Youth
Authority Department of Corrections and
Rehabilitation, Division of Juvenile Facilities
report to the court its diagnosis and recommendations concerning the
minor within the 90-day period.
(b) The Director of Youth Authority
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 such
that minor's future care, supervision, and
treatment.
(c) The Youth Authority Department of
Corrections and Rehabilitation, Division of Juvenile Facilities
shall accept such 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 Director
Chief of the Youth Authority
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 Youth Authority
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities until the director chief
has notified the referring court of the place to which
said 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 such the
minor in the center or returning him therefrom to the court. The
expense of such the probation officer
or other peace officer incurred in executing such
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 Justice 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.