675-714
WELFARE AND INSTITUTIONS CODE
SECTION 675-714
675. (a) All cases under the provisions of this chapter shall be
heard at a special or separate session of the court, and no other
matter shall be heard at that session. Except as provided in
subdivision (b), no person on trial, awaiting trial, or under
accusation of crime, other than a parent, guardian, or relative of
the minor, shall be permitted to be present at any such session,
except as a witness.
(b) Hearings for two or more minors may be heard upon the same
rules of joinder, consolidation, and severance as apply to trials in
a court of criminal jurisdiction.
676. (a) Unless requested by the minor concerning whom the petition
has been filed and any parent or guardian present, the public shall
not be admitted to a juvenile court hearing. Nothing in this section
shall preclude the attendance of up to two family members of a
prosecuting witness for the support of that witness, as authorized by
Section 868.5 of the Penal Code. The judge or referee may
nevertheless admit those persons he or she deems to have a direct and
legitimate interest in the particular case or the work of the court.
However, except as provided in subdivision (b), members of the
public shall be admitted, on the same basis as they may be admitted
to trials in a court of criminal jurisdiction, to hearings concerning
petitions filed pursuant to Section 602 alleging that a minor is a
person described in Section 602 by reason of the violation of any one
of the following offenses:
(1) Murder.
(2) Arson of an inhabited building.
(3) Robbery while armed with a dangerous or deadly weapon.
(4) Rape with force or violence or threat of great bodily harm.
(5) Sodomy by force, violence, duress, menace, or threat of great
bodily harm.
(6) Oral copulation by force, violence, duress, menace, or threat
of great bodily harm.
(7) Any offense specified in subdivision (a) of Section 289 of the
Penal Code.
(8) Kidnapping for ransom.
(9) Kidnapping for purpose of robbery.
(10) Kidnapping with bodily harm.
(11) Assault with intent to murder or attempted murder.
(12) Assault with a firearm or destructive device.
(13) Assault by any means of force likely to produce great bodily
injury.
(14) Discharge of a firearm into an inhabited dwelling or occupied
building.
(15) Any offense described in Section 1203.09 of the Penal Code.
(16) Any offense described in Section 12022.5 or 12022.53 of the
Penal Code.
(17) Any felony offense in which a minor personally used a weapon
listed in subdivision (a) of Section 12020 of the Penal Code.
(18) Burglary of an inhabited dwelling house or trailer coach, as
defined in Section 635 of the Vehicle Code, or the inhabited portion
of any other building, if the minor previously has been adjudged a
ward of the court by reason of the commission of any offense listed
in this section, including an offense listed in this paragraph.
(19) Any felony offense described in Section 136.1 or 137 of the
Penal Code.
(20) Any offense as specified in Sections 11351, 11351.5, 11352,
11378, 11378.5, 11379, and 11379.5 of the Health and Safety Code.
(21) Criminal street gang activity which constitutes a felony
pursuant to Section 186.22 of the Penal Code.
(22) Manslaughter as specified in Section 192 of the Penal Code.
(23) Driveby shooting or discharge of a weapon from or at a motor
vehicle as specified in Sections 246, 247, and 12034 of the Penal
Code.
(24) Any crime committed with an assault weapon, as defined in
Section 12276 of the Penal Code, including possession of an assault
weapon as specified in subdivision (b) of Section 12280 of the Penal
Code.
(25) Carjacking, while armed with a dangerous or deadly weapon.
(26) Kidnapping, in violation of Section 209.5 of the Penal Code.
(27) Torture, as described in Sections 206 and 206.1 of the Penal
Code.
(28) Aggravated mayhem, in violation of Section 205 of the Penal
Code.
(b) Where the petition filed alleges that the minor is a person
described in Section 602 by reason of the commission of rape with
force or violence or great bodily harm; sodomy by force, violence,
duress, menace, or threat of great bodily harm; oral copulation by
force, violence, duress, menace, or threat of great bodily harm; or
any offense specified in Section 289 of the Penal Code, members of
the public shall not be admitted to the hearing in either of the
following instances:
(1) Upon a motion for a closed hearing by the district attorney,
who shall make the motion if so requested by the victim.
(2) During the victim's testimony, if, at the time of the offense
the victim was under 16 years of age.
(c) The name of a minor found to have committed one of the
offenses listed in subdivision (a) shall not be confidential, unless
the court, for good cause, so orders. As used in this subdivision,
"good cause" shall be limited to protecting the personal safety of
the minor, a victim, or a member of the public. The court shall make
a written finding, on the record, explaining why good cause exists to
make the name of the minor confidential.
(d) Notwithstanding Sections 827 and 828 and subject to
subdivisions (e) and (f), when a petition is sustained for any
offense listed in subdivision (a), the charging petition, the minutes
of the proceeding, and the orders of adjudication and disposition of
the court that are contained in the court file shall be available
for public inspection. Nothing in this subdivision shall be construed
to authorize public access to any other documents in the court file.
(e) The probation officer or any party may petition the juvenile
court to prohibit disclosure to the public of any file or record. The
juvenile court shall prohibit the disclosure if it appears that the
harm to the minor, victims, witnesses, or public from the public
disclosure outweighs the benefit of public knowledge. However, the
court shall not prohibit disclosure for the benefit of the minor
unless the court makes a written finding that the reason for the
prohibition is to protect the safety of the minor.
(f) Nothing in this section shall be applied to limit the
disclosure of information as otherwise provided for by law.
(g) The juvenile court shall for each day that the court is in
session, post in a conspicuous place which is accessible to the
general public, a written list of hearings that are open to the
general public pursuant to this section, the location of those
hearings, and the time when the hearings will be held.
676. (a) Unless requested by the minor concerning whom the petition
has been filed and any parent or guardian present, the public shall
not be admitted to a juvenile court hearing. Nothing in this section
shall preclude the attendance of up to two family members of a
prosecuting witness for the support of that witness, as authorized by
Section 868.5 of the Penal Code. The judge or referee may
nevertheless admit those persons he or she deems to have a direct and
legitimate interest in the particular case or the work of the court.
However, except as provided in subdivision (b), members of the
public shall be admitted, on the same basis as they may be admitted
to trials in a court of criminal jurisdiction, to hearings concerning
petitions filed pursuant to Section 602 alleging that a minor is a
person described in Section 602 by reason of the violation of any one
of the following offenses:
(1) Murder.
(2) Arson of an inhabited building.
(3) Robbery while armed with a dangerous or deadly weapon.
(4) Rape with force or violence or threat of great bodily harm.
(5) Sodomy by force, violence, duress, menace, or threat of great
bodily harm.
(6) Oral copulation by force, violence, duress, menace, or threat
of great bodily harm.
(7) Any offense specified in subdivision (a) of Section 289 of the
Penal Code.
(8) Kidnapping for ransom.
(9) Kidnapping for purpose of robbery.
(10) Kidnapping with bodily harm.
(11) Assault with intent to murder or attempted murder.
(12) Assault with a firearm or destructive device.
(13) Assault by any means of force likely to produce great bodily
injury.
(14) Discharge of a firearm into an inhabited dwelling or occupied
building.
(15) Any offense described in Section 1203.09 of the Penal Code.
(16) Any offense described in Section 12022.5 or 12022.53 of the
Penal Code.
(17) Any felony offense in which a minor personally used a weapon
described in any provision listed in Section 16590 of the Penal Code.
(18) Burglary of an inhabited dwelling house or trailer coach, as
defined in Section 635 of the Vehicle Code, or the inhabited portion
of any other building, if the minor previously has been adjudged a
ward of the court by reason of the commission of any offense listed
in this section, including an offense listed in this paragraph.
(19) Any felony offense described in Section 136.1 or 137 of the
Penal Code.
(20) Any offense as specified in Sections 11351, 11351.5, 11352,
11378, 11378.5, 11379, and 11379.5 of the Health and Safety Code.
(21) Criminal street gang activity which constitutes a felony
pursuant to Section 186.22 of the Penal Code.
(22) Manslaughter as specified in Section 192 of the Penal Code.
(23) Driveby shooting or discharge of a weapon from or at a motor
vehicle as specified in Sections 246, 247, and 26100 of the Penal
Code.
(24) Any crime committed with an assault weapon, as defined in
Section 30510 of the Penal Code, including possession of an assault
weapon as specified in Section 30605 of the Penal Code.
(25) Carjacking, while armed with a dangerous or deadly weapon.
(26) Kidnapping, in violation of Section 209.5 of the Penal Code.
(27) Torture, as described in Sections 206 and 206.1 of the Penal
Code.
(28) Aggravated mayhem, in violation of Section 205 of the Penal
Code.
(b) Where the petition filed alleges that the minor is a person
described in Section 602 by reason of the commission of rape with
force or violence or great bodily harm; sodomy by force, violence,
duress, menace, or threat of great bodily harm; oral copulation by
force, violence, duress, menace, or threat of great bodily harm; or
any offense specified in Section 289 of the Penal Code, members of
the public shall not be admitted to the hearing in either of the
following instances:
(1) Upon a motion for a closed hearing by the district attorney,
who shall make the motion if so requested by the victim.
(2) During the victim's testimony, if, at the time of the offense
the victim was under 16 years of age.
(c) The name of a minor found to have committed one of the
offenses listed in subdivision (a) shall not be confidential, unless
the court, for good cause, so orders. As used in this subdivision,
"good cause" shall be limited to protecting the personal safety of
the minor, a victim, or a member of the public. The court shall make
a written finding, on the record, explaining why good cause exists to
make the name of the minor confidential.
(d) Notwithstanding Sections 827 and 828 and subject to
subdivisions (e) and (f), when a petition is sustained for any
offense listed in subdivision (a), the charging petition, the minutes
of the proceeding, and the orders of adjudication and disposition of
the court that are contained in the court file shall be available
for public inspection. Nothing in this subdivision shall be construed
to authorize public access to any other documents in the court file.
(e) The probation officer or any party may petition the juvenile
court to prohibit disclosure to the public of any file or record. The
juvenile court shall prohibit the disclosure if it appears that the
harm to the minor, victims, witnesses, or public from the public
disclosure outweighs the benefit of public knowledge. However, the
court shall not prohibit disclosure for the benefit of the minor
unless the court makes a written finding that the reason for the
prohibition is to protect the safety of the minor.
(f) Nothing in this section shall be applied to limit the
disclosure of information as otherwise provided for by law.
(g) The juvenile court shall for each day that the court is in
session, post in a conspicuous place which is accessible to the
general public, a written list of hearings that are open to the
general public pursuant to this section, the location of those
hearings, and the time when the hearings will be held.
676.5. The right of victims of juvenile offenses to be present
during juvenile proceedings, as specified in subdivision (a), shall
be secured as follows:
(a) Notwithstanding any other law, and except as provided in
subdivision (d), a victim and up to two support persons of the victim'
s choosing shall be entitled to be admitted, on the same basis as he
or she may be admitted to trials in a court of criminal jurisdiction,
to juvenile court hearings concerning petitions filed pursuant to
Section 602 alleging the commission of any criminal offense, and
shall be so notified by the probation officer in person or by
registered mail, return receipt requested, together with a notice
explaining all other rights and services available to the victim with
respect to the case.
(b) A victim or his or her support person may be excluded from a
juvenile court hearing described in subdivision (a) only if each of
the following criteria are met:
(1) Any movant, including the minor defendant, who seeks to
exclude the victim or his or her support person from a hearing
demonstrates that there is a substantial probability that overriding
interests will be prejudiced by the presence of the victim or his or
her support person.
(2) The court considers reasonable alternatives to exclusion of
the victim or his or her support person from the hearing.
(3) The exclusion of the victim or his or her support person from
a hearing, or any limitation on his or her presence at a hearing, is
narrowly tailored to serve the overriding interests identified by the
movant.
(4) Following a hearing at which any person who is to be excluded
from a juvenile court hearing is afforded an opportunity to be heard,
the court makes specific factual findings that support the exclusion
of the victim or his or her support person from, or any limitation
on his or her presence at, the juvenile court hearing.
(c) As used in this section, "victim" means (1) the alleged victim
of the offense and one person of his or her choosing or however many
more the court may allow under the particular circumstances
surrounding the proceeding, (2) in the event that the victim is
unable to attend the proceeding, two persons designated by the victim
or however many more the court may allow under the particular
circumstances surrounding the proceeding, or (3) if the victim is no
longer living, two members of the victim's immediate family or
however many more the court may allow under the particular
circumstances surrounding the proceeding.
(d) Nothing in this section shall prevent a court from excluding a
victim or his or her support person from a hearing, pursuant to
Section 777 of the Evidence Code, when the victim is subpoenaed as a
witness. An order of exclusion shall be consistent with the
objectives of paragraphs (1) to (4), inclusive, of subdivision (b) to
allow the victim to be present, whenever possible, at all hearings.
677. At any juvenile court hearing conducted by a juvenile court
judge, an official court reporter shall, and at any such hearing
conducted by a juvenile court referee, the official reporter, as
directed by the court, may take down in shorthand all the testimony
and all of the statements and remarks of the judge and all persons
appearing at the hearing; and, if directed by the judge, or requested
by the person on whose behalf the petition was brought, or by his
parent or legal guardian, or the attorneys of such persons, he must,
within such reasonable time after the hearing of the petition as the
court may designate, write out the same or such specific portions
thereof as may be requested in plain and legible longhand or by
typewriter or other printing machine and certify to the same as being
correctly reported and transcribed, and when directed by the court,
file the same with the clerk of the court. Unless otherwise directed
by the judge, the costs of writing out and transcribing all or any
portion of the reporter's shorthand notes shall be paid in advance at
the rates fixed for transcriptions in a civil action by the person
requesting the same.
678. The provisions of Chapter 8 (commencing with Section 469) of
Title 6 of Part 2 of the Code of Civil Procedure relating to variance
and amendment of pleadings in civil actions shall apply to petitions
and proceedings under this chapter, to the same extent and with the
same effect as if proceedings under this chapter were civil actions.
679. A minor who is the subject of a juvenile court hearing and any
person entitled to notice of the hearing under the provisions of
Section 658, is entitled to be present at such hearing. Any such
minor and any such person has the right to be represented at such
hearing by counsel of his own choice or, if unable to afford counsel,
has the right to be represented by counsel appointed by the court.
680. The judge of the juvenile court shall control all proceedings
during the hearings with a view to the expeditious and effective
ascertainment of the jurisdictional facts and the ascertainment of
all information relative to the present condition and future welfare
of the person upon whose behalf the petition is brought. Except where
there is a contested issue of fact or law, the proceedings shall be
conducted in an informal nonadversary atmosphere with a view to
obtaining the maximum co-operation of the minor upon whose behalf the
petition is brought and all persons interested in his welfare with
such provisions as the court may make for the disposition and care of
such minor.
681. (a) In a juvenile court hearing which is based upon a petition
that alleges that the minor upon whose behalf the petition is being
brought is a person within the description of Section 602, the
prosecuting attorney shall appear on behalf of the people of the
State of California.
(b) In a juvenile court hearing which is based upon a petition
that alleges that the minor upon whose behalf the petition is being
brought is a person within the description of Section 601 and the
minor who is the subject of the hearing is represented by counsel,
the prosecuting attorney may, with the consent or at the request of
the juvenile court judge, or at the request of the probation officer
with the consent of the juvenile court judge, appear and participate
in the hearing to assist in the ascertaining and presenting of the
evidence. Where the petition in a juvenile court proceeding alleges
that a minor is a person described in subdivision (a), (b), or (d) of
Section 300, and either of the parents, or the guardian, or other
person having care or custody of the minor, or who resides in the
home of the minor, is charged in a pending criminal prosecution based
upon unlawful acts committed against the minor, the prosecuting
attorney shall, with the consent or at the request of the juvenile
court judge, represent the minor in the interest of the state at the
juvenile court proceeding. The terms and conditions of such
representation shall be with the consent or approval of the judge of
the juvenile court.
681.5. If a prosecuting attorney has appeared on behalf of the
people of the State of California in any juvenile court hearing which
is based upon a petition that alleges that a minor is a person
within the description of Section 602, neither that prosecuting
attorney nor any attorney from the office of that prosecuting
attorney shall represent the minor in a juvenile court proceeding
alleging that a minor is a person described in Section 300.
682. (a) To continue any hearing relating to proceedings pursuant
to Section 601 or 602, regardless of the custody status of the minor,
beyond the time limit within which the hearing is otherwise required
to be heard, a written notice shall be filed and served on all
parties to the proceeding at least two court days before the hearing
sought to be continued, together with affidavits or declarations
detailing specific facts showing good cause for the continuance.
(b) A continuance shall be granted only upon a showing of good
cause and only for that period of time shown to be necessary by the
moving party at the hearing on the motion. Neither stipulation of the
parties nor convenience of the parties is, in and of itself, good
cause. Whenever any continuance is granted, the facts which require
the continuance shall be entered into the minutes.
(c) Notwithstanding subdivision (a), a party may make a motion for
a continuance without complying with the requirements of that
subdivision. However, unless the moving party shows good cause for
failure to comply with those requirements, the court shall deny the
motion.
(d) In any case in which the minor is represented by counsel and
no objection is made to an order continuing any such hearing beyond
the time limit within which the hearing is otherwise required to be
held, the absence of such an objection shall be deemed a consent to
the continuance.
(e) When any hearing is continued pursuant to this section, the
hearing shall commence on the date to which it was continued or
within seven days thereafter whenever the court is satisfied that
good cause exists and the moving party will be prepared to proceed
within that time.
700. At the beginning of the hearing on a petition filed pursuant
to Article 16 (commencing with Section 650) of this chapter, the
judge or clerk shall first read the petition to those present and
upon request of the minor upon whose behalf the petition has been
brought or upon the request of any parent, relative or guardian, the
judge shall explain any term of allegation contained therein and the
nature of the hearing, its procedures, and possible consequences. The
judge shall advise those present that if the petition or petitions
are sustained and the minor is ordered to make restitution to the
victim, or to pay fines or penalty assessments, the parent or
guardian may be liable for the payment of restitution, fines, or
penalty assessments. The judge shall ascertain whether the minor and
his or her parent or guardian or adult relative, as the case may be,
has been informed of the right of the minor to be represented by
counsel, and if not, the judge shall advise the minor and such a
person, if present, of the right to have counsel present and where
applicable, of the right to appointed counsel. The court shall
appoint counsel to represent the minor if he or she appears at the
hearing without counsel, whether he or she is unable to afford
counsel or not, unless there is an intelligent waiver of the right of
counsel by the minor; and, in the absence of such a waiver, if the
parent or guardian does not furnish counsel and the court determines
that the parent or guardian has the ability to pay for counsel, the
court shall appoint counsel at the expense of the parent or guardian.
The court shall continue the hearing for not to exceed seven days,
as necessary to make an appointment of counsel, or to enable counsel
to acquaint himself or herself with the case, or to determine whether
the parent or guardian or adult relative is unable to afford counsel
at his or her own expense, and shall continue the hearing as
necessary to provide reasonable opportunity for the minor and the
parent or guardian or adult relative to prepare for the hearing.
700.1. Any motion to suppress as evidence any tangible or
intangible thing obtained as a result of an unlawful search or
seizure shall be heard prior to the attachment of jeopardy and shall
be heard at least five judicial days after receipt of notice by the
people unless the people are willing to waive a portion of this time.
If the court grants a motion to suppress prior to the attachment
of jeopardy over the objection of the people, the court shall enter a
judgment of dismissal as to all counts of the petition except those
counts on which the prosecuting attorney elects to proceed pursuant
to Section 701.
If, prior to the attachment of jeopardy, opportunity for this
motion did not exist or the person alleged to come within the
provisions of the juvenile court law was not aware of the grounds for
the motion, that person shall have the right to make this motion
during the course of the proceeding under Section 701.
700.2. Upon his or her appearance before the juvenile court on a
complaint charging violation of Section 48293 of the Education Code,
the juvenile court shall inform the parent, guardian, or other person
having control or charge of the minor of the right to an open
hearing and of the right to have a hearing on the complaint before a
judge different than the judge who has heard or is to hear the
proceeding pursuant to Section 601. The provisions of Section 170.6
of the Code of Civil Procedure shall be explained to the parent,
guardian, or other person having control or charge of the minor.
701. At the hearing, the court 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.
701.1. At the hearing, the court, on motion of the minor or on its
own motion, shall order that the petition be dismissed and that the
minor be discharged from any detention or restriction therefore
ordered, after the presentation of evidence on behalf of the
petitioner has been closed, if the court, upon weighing the evidence
then before it, finds that the minor is not a person described by
Section 601 or 602. If such a motion at the close of evidence offered
by the petitioner is not granted, the minor may offer evidence
without first having reserved that right.
702. After hearing the evidence, the court 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 finds that the
minor is not such a person, it shall order that the petition be
dismissed and the minor be discharged from any detention or
restriction theretofore ordered. If the court finds that the minor is
such a person, it shall make and enter its 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 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 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.
702.3. Notwithstanding any other provision of law:
(a) When a minor denies, by a plea of not guilty by reason of
insanity, the allegations of a petition filed pursuant to Section 602
of the Welfare and Institutions Code, and also joins with that
denial a general denial of the conduct alleged in the petition, he or
she shall first be subject to a hearing as if he or she had made no
allegation of insanity. If the petition is sustained or if the minor
denies the allegations only by reason of insanity, then a hearing
shall be held on the question of whether the minor was insane at the
time the offense was committed.
(b) If the court finds that the minor was insane at the time the
offense was committed, the court, unless it appears to the court that
the minor has fully recovered his or her sanity, shall direct that
the minor be confined in a state hospital for the care and treatment
of the mentally disordered or any other appropriate public or private
mental health facility approved by the community program director,
or the court may order the minor to undergo outpatient treatment as
specified in Title 15 (commencing with Section 1600) of Part 2 of the
Penal Code. The court shall transmit a copy of its order to the
community program director or his or her designee. If the allegations
of the petition specifying any felony are found to be true, the
court shall direct that the minor be confined in a state hospital or
other public or private mental health facility approved by the
community program director for a minimum of 180 days, before the
minor may be released on outpatient treatment. Prior to making the
order directing that the minor be confined in a state hospital or
other facility or ordered to undergo outpatient treatment, the court
shall order the community program director or his or her designee to
evaluate the minor and to submit to the court within 15 judicial days
of the order his or her written recommendation as to whether the
minor should be required to undergo outpatient treatment or committed
to a state hospital or another mental health facility. If, however,
it shall appear to the court that the minor has fully recovered his
or her sanity the minor shall be remanded to the custody of the
probation department until his or her sanity shall have been finally
determined in the manner prescribed by law. A minor committed to a
state hospital or other facility or ordered to undergo outpatient
treatment shall not be released from confinement or the required
outpatient treatment unless and until the court which committed him
or her shall, after notice and hearing, in the manner provided in
Section 1026.2 of the Penal Code, find and determine that his or her
sanity has been restored.
(c) When the court, after considering the placement recommendation
for the community program director required in subdivision (b),
orders that the minor be confined in a state hospital or other public
or private mental health facility, the court shall provide copies of
the following documents which shall be taken with the minor to the
state hospital or other treatment facility where the minor is to be
confined:
(1) The commitment order, including a specification of the
charges.
(2) The computation or statement setting forth the maximum time of
commitment in accordance with Section 1026.5 and subdivision (e).
(3) A computation or statement setting forth the amount of credit,
if any, to be deducted from the maximum term of commitment.
(4) State Summary Criminal History information.
(5) Any arrest or detention reports prepared by the police
department or other law enforcement agency.
(6) Any court-ordered psychiatric examination or evaluation
reports.
(7) The community program director's placement recommendation
report.
(d) The procedures set forth in Sections 1026, 1026.1, 1026.2,
1026.3, 1026.4, 1026.5, and 1027 of the Penal Code, and in Title 15
(commencing with Section 1600) of Part 2 of the Penal Code, shall be
applicable to minors pursuant to this section, except that, in cases
involving minors, the probation department rather than the sheriff,
shall have jurisdiction over the minor.
(e) No minor may be committed pursuant to this section for a
period longer than the jurisdictional limits of the juvenile court,
pursuant to Section 607, unless, at the conclusion of the commitment,
by reason of a mental disease, defect, or disorder, he or she
represents a substantial danger of physical harm to others, in which
case the commitment for care and treatment beyond the jurisdictional
age may be extended by proceedings in superior court in accordance
with and under the circumstances specified in subdivision (b) of
Section 1026.5 of the Penal Code.
(f) The provision of a jury trial in superior court on the issue
of extension of commitment shall not be construed to authorize the
determination of any issue in juvenile court proceedings to be made
by a jury.
702.5. In any hearing conducted pursuant to Section 701 or 702 to
determine whether a minor is a person described in Section 601 or
602, the minor has a privilege against self-incrimination and has a
right to confrontation by, and cross-examination of, witnesses.
704. (a) If the court 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 minor to the Youth Authority has been filed
pursuant to Section 777, and such minor is otherwise eligible for
commitment to the Youth Authority, the court, if it concludes that a
disposition of the case in the best interest of the minor requires
such observation and diagnosis as can be made at a diagnostic and
treatment center of the Youth Authority, may continue the hearing and
order that such minor be placed temporarily in such a center for a
period not to exceed 90 days, with the further provision in such
order that the Director of the Youth Authority report to the court
its diagnosis and recommendations concerning the minor within the
90-day period.
(b) The Director of Youth Authority 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 minor's future
care, supervision, and treatment.
(c) The Youth Authority shall accept such 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 of the Youth Authority
certifies that staff and institutions are available. No such person
shall be transported to any facility under the jurisdiction of the
Youth Authority until the director has notified the referring court
of the place to which said 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 minor in the center or returning him
therefrom to the court. The expense of such probation officer or
other peace officer incurred in executing such order is a charge upon
the county in which the court is situated.
705. Whenever the court, before or during the hearing on the
petition, is of the opinion that the minor is mentally disordered or
if the court is in doubt concerning the mental health of any such
person, the court may proceed as provided in Section 6550 of this
code or Section 4011.6 of the Penal Code.
706. After 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 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.
706.5. (a) If placement in foster care is recommended by the
probation officer, or where the minor is already in foster care
placement or pending placement pursuant to an earlier order, the
social study prepared by the probation officer that is received into
evidence at disposition pursuant to Section 706 shall include a case
plan, as described in Section 706.6. If the court elects to hold the
first status review at the disposition hearing, the social study
shall also include, but not be limited to, the factual material
described in subdivision (c).
(b) If placement in foster care is not recommended by the
probation officer prior to disposition, but the court orders foster
care placement, the court shall order the probation officer to
prepare a case plan, as described in Section 706.6, within 30 days of
the placement order. The case plan shall be filed with the court.
(c) At each status review hearing, the social study shall include,
but not be limited to, an updated case plan as described in Section
706.6 and the following information:
(1) The continuing necessity for and appropriateness of the
placement.
(2) The extent of the probation department's compliance with the
case plan in making reasonable efforts to safely return the minor to
the minor's home or to complete whatever steps are necessary to
finalize the permanent placement of the minor.
(3) The extent of progress that has been made by the minor and
parent or guardian toward alleviating or mitigating the causes
necessitating placement in foster care.
(4) If the first permanency planning hearing has not yet occurred,
the social study shall include the likely date by which the minor
may be returned to and safely maintained in the home or placed for
adoption, appointed a legal guardian, permanently placed with a fit
and willing relative, or referred to another planned permanent living
arrangement.
(5) Whether the minor has been or will be referred to educational
services and what services the minor is receiving, including special
education and related services if the minor has exceptional needs as
described in Part 30 (commencing with Section 56000) of Division 4 of
Title 2 of the Education Code or accommodations if the child has
disabilities as described in Chapter 16 (commencing with Section 701)
of Title 29 of the United States Code Annotated. The probation
officer or child advocate shall solicit comments from the appropriate
local education agency prior to completion of the social study.
(6) If the parent or guardian is unwilling or unable to
participate in making an educational decision for his or her child,
or if other circumstances exist that compromise the ability of the
parent or guardian to make educational decisions for the child, the
probation department shall consider whether the right of the parent
or guardian to make educational decisions for the minor should be
limited. If the study makes that recommendation, it shall identify
whether there is a responsible adult available to make educational
decisions for the minor pursuant to Section 726.
(d) At each permanency planning hearing, the social study shall
include, but not be limited to, an updated case plan as described in
Section 706.6, the factual material described in subdivision (c) of
this section, and a recommended permanent plan for the minor.
706.6. A case plan prepared as required by Section 706.5 shall be
submitted to the court. It shall either be attached to the social
study or incorporated as a separate section within the social study.
The case plan shall include, but not be limited to, the following
information:
(a) A description of the circumstances that resulted in the minor
being placed under the supervision of the probation department and in
foster care.
(b) An assessment of the minor's and family's strengths and needs
and the type of placement best equipped to meet those needs.
(c) A description of the type of home or institution in which the
minor is to be placed, including a discussion of the safety and
appropriateness of the placement. An appropriate placement is a
placement in the least restrictive, most family-like environment, in
closest proximity to the minor's home, that meets the minor's best
interests and special needs.
(d) Effective January 1, 2010, a case plan shall ensure the
educational stability of the child while in foster care and shall
include both of the following:
(1) Assurances that the placement takes into account the
appropriateness of the current educational setting and the proximity
to the school in which the child is enrolled at the time of
placement.
(2) An assurance that the placement agency has coordinated with
appropriate local educational agencies to ensure that the child
remains in the school in which the child is enrolled at the time of
placement, or, if remaining in that school is not in the best
interests of the child, assurances by the placement agency and the
local educational agency to provide immediate and appropriate
enrollment in a new school and to provide all of the child's
educational records to the new school.
(e) Specific time-limited goals and related activities designed to
enable the safe return of the minor to his or her home, or in the
event that return to his or her home is not possible, activities
designed to result in permanent placement or emancipation. Specific
responsibility for carrying out the planned activities shall be
assigned to one or more of the following:
(1) The probation department.
(2) The minor's parent or parents or legal guardian or guardians,
as applicable.
(3) The minor.
(4) The foster parents or licensed agency providing foster care.
(f) The projected date of completion of the case plan objectives
and the date services will be terminated.
(g) Scheduled visits between the minor and his or her family and
an explanation if no visits are made.
(h) (1) When placement is made in a foster family home, group
home, or other child care institution that is either a substantial
distance from the home of the minor's parent or legal guardian or
out-of-state, the case plan shall specify the reasons why the
placement is the most appropriate and is in the best interest of the
minor.
(2) When an out-of-state group home placement is recommended or
made, the case plan shall comply with Section 727.1 and Section
7911.1 of the Family Code. In addition, documentation of the
recommendation of the multidisciplinary team and the rationale for
this particular placement shall be included. The case plan shall also
address what in-state services or facilities were used or considered
and why they were not recommended.
(i) If applicable, efforts to make it possible to place siblings
together, unless it has been determined that placement together is
not in the best interest of one or more siblings.
(j) A schedule of visits between the minor and the probation
officer, including a monthly visitation schedule for those children
placed in group homes.
(k) Health and education information about the minor, school
records, immunizations, known medical problems, and any known
medications the minor may be taking, names and addresses of the minor'
s health and educational providers; the minor's grade level
performance; assurances that the minor's placement in foster care
takes into account proximity to the school in which the minor was
enrolled at the time of placement; and other relevant health and
educational information.
(l) When out-of-home services are used and the goal is
reunification, the case plan shall describe the services that were
provided to prevent removal of the minor from the home, those
services to be provided to assist in reunification and the services
to be provided concurrently to achieve legal permanency if efforts to
reunify fail.
(m) The updated case plan prepared for a permanency planning
hearing shall include a recommendation for a permanent plan for the
minor. If, after considering reunification, adoptive placement, legal
guardianship, or permanent placement with a fit and willing relative
the probation officer recommends placement in a planned permanent
living arrangement, the case plan shall include documentation of a
compelling reason or reasons why termination of parental rights is
not in the minor's best interest. For purposes of this subdivision, a
"compelling reason" shall have the same meaning as in subdivision
(c) of Section 727.3.
(n) Each updated case plan shall include a description of the
services that have been provided to the minor under the plan and an
evaluation of the appropriateness and effectiveness of those
services.
(o) A statement that the parent or legal guardian, and the minor
have had an opportunity to participate in the development of the case
plan, to review the case plan, to sign the case plan, and to receive
a copy of the plan, or an explanation about why the parent, legal
guardian, or minor was not able to participate or sign the case plan.
(p) For a minor in out-of-home care who is 16 years of age or
older, a written description of the programs and services, which will
help the minor prepare for the transition from foster care to
independent living.
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 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.
(E) The circumstances and gravity of the offense alleged in the
petition to have been committed by the minor.
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 above, 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 following criteria:
(i) The degree of criminal sophistication exhibited by the minor.
(ii) Whether the minor can be rehabilitated prior to the
expiration of the juvenile court's jurisdiction.
(iii) The minor's previous delinquent history.
(iv) Success of previous attempts by the juvenile court to
rehabilitate the minor.
(v) The circumstances and gravity of the offense alleged in the
petition to have been committed by the minor.
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 above,
and findings therefore recited in the order as to each of the above
criteria that the minor is fit and proper under each and every one of
the above criteria. In making a finding of fitness, the court may
consider extenuating and mitigating circumstances in evaluating each
of the above 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 which 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
listed in subdivision (a) of Section 12020 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 12034 of
the Penal Code.
(29) The offense described in Section 12308 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 following criteria:
(1) The degree of criminal sophistication exhibited by the minor.
(2) Whether the minor can be rehabilitated prior to the expiration
of the juvenile court's jurisdiction.
(3) The minor's previous delinquent history.
(4) Success of previous attempts by the juvenile court to
rehabilitate the minor.
(5) The circumstances and gravity of the offenses alleged in the
petition to have been committed by the minor.
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 above,
and findings therefore recited in the order as to each of the above
criteria that the minor is fit and proper under each and every one of
the above criteria. In making a finding of fitness, the court may
consider extenuating or mitigating circumstances in evaluating each
of the above 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.
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 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.
(E) The circumstances and gravity of the offense alleged in the
petition to have been committed by the minor.
A determination that the minor is not a fit and proper subject to
be dealt with u