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 1170.17 of the Penal Code is amended
2to read:
(a) When a person is prosecuted for a criminal offense
4committed while he or she was under 18 years of age and the
5prosecution was lawfully initiated in a court of criminal jurisdiction
6without a prior finding that the person is not a fit and proper subject
7to be dealt with under the juvenile court law, upon subsequent
8conviction for any criminal offense, the person shall be subject to
9the same sentence as an adult convicted of the identical offense,
10in accordance with subdivision (a) of Section 1170.19, except
11under the circumstances described in subdivision (b), (c), or (d).
12(b) Where the conviction is for the type of offense which, in
13combination with
the person’s age at the time the offense was
14committed, makes the person eligible for transfer to a court of
15criminal jurisdiction, pursuant to a rebuttable presumption that the
16person is not a fit and proper subject to be dealt with under the
17juvenile court law, and the prosecution for the offense could not
18lawfully be initiated in a court of criminal jurisdiction, then either
19of the following shall apply:
20(1) The person shall be subject to the same sentence as an adult
21convicted of the identical offense in accordance with the provisions
22set forth in subdivision (a) of Section 1170.19, unless the person
23prevails upon a motion brought pursuant to paragraph (2).
24(2) Upon a motion brought by the person, the court shall order
25the probation department to prepare a written social study and
26recommendation
concerning the person’s fitness to be dealt with
P3 1under the juvenile court law and the court shall either conduct a
2fitness hearing or suspend proceedings and remand the matter to
3the juvenile court to prepare a social study and make a
4determination of fitness. The person shall receive a disposition
5under the juvenile court law only if the person demonstrates, by a
6preponderance of the evidence, that he or she is a fit and proper
7subject to be dealt with under the juvenile court law, based upon
8each of the following five criteria:
9(A) The degree of criminal sophistication exhibited by the
10person. This may include, but is not limited to, giving weight to
11the person’s age, maturity, intellectual capacity, and physical,
12mental, and emotional health at the time of the offense, the person’s
13impetuosity or failure to appreciate risks and consequences
of
14criminal behavior, the effect of familial, adult, or peer pressure on
15the person’s actions, and the effect of the person’s family and
16community environment and childhood trauma on the person’s
17criminal sophistication.
18(B) Whether the person can be rehabilitated prior to the
19expiration of the juvenile court’s jurisdiction. This may include,
20but is not limited to, giving weight to thebegin delete person’send deletebegin insert minor’send insert potential
21to grow andbegin delete mature, and the person’s growth and maturation since
22the
time that he or she committed the criminal offense.end delete
23(C) The person’s previous delinquent history. This may include,
24but is not limited to, giving weight to the seriousness of the
25person’s previous delinquent history and the effect of the person’s
26family and community environment and childhood trauma on the
27person’s previous delinquent behavior.
28(D) Success of previous attempts by the juvenile court to
29rehabilitate the person. This may include, but is not limited to,
30giving weight to an analysis of the adequacy of the services
31previously provided to address the person’s needs.
32(E) The circumstances and
gravity of the offense for which the
33person has been convicted. This may include, but is not limited
34to, giving weight to the actual behavior of the person, the mental
35state of the person, the person’s degree of involvement in the crime,
36the level of harm actually caused by the person, and the person’s
37mental and emotional development.
38If the court conducting the fitness hearing finds that the person
39is not a fit and proper subject for juvenile court jurisdiction, then
40the person shall be sentenced by the court where he or she was
P4 1convicted, in accordance with paragraph (1). If the court conducting
2the hearing on fitness finds that the person is a fit and proper
3subject for juvenile court jurisdiction, then the person shall be
4subject to a disposition in accordance with subdivision (b) of
5Section 1170.19.
6(c) Where the conviction is for the type of offense which, in
7combination with the person’s age at the time the offense was
8committed, makes the person eligible for transfer to a court of
9criminal jurisdiction, pursuant to a rebuttable presumption that the
10person is a fit and proper subject to be dealt with under the juvenile
11court law, then the person shall be sentenced as follows:
12(1) The person shall be subject to a disposition under the juvenile
13court law, in accordance with the provisions of subdivision (b) of
14Section 1170.19, unless the district attorney prevails upon a motion,
15as described in paragraph (2).
16(2) Upon a motion brought by the district attorney, the court
17shall order the probation department to prepare a written social
18study and recommendation concerning
whether the person is a fit
19and proper subject to be dealt with under the juvenile court law.
20The court shall either conduct a fitness hearing or suspend
21proceedings and remand the matter to the juvenile court for a
22determination of fitness. The person shall be subject to a juvenile
23disposition under the juvenile court law unless the district attorney
24demonstrates, by a preponderance of the evidence, that the person
25is not a fit and proper subject to be dealt with under the juvenile
26court law, based upon the five criteria set forth in paragraph (2)
27of subdivision (b). If the person is found to be not a fit and proper
28subject to be dealt with under the juvenile court law, then the
29person shall be sentenced in the court where he or she was
30convicted, in accordance with the provisions set forth in subdivision
31(a) of Section 1170.19. If the person is found to be a fit and proper
32subject to be dealt
with under the juvenile court law, the person
33shall be subject to a disposition, in accordance with the provisions
34of subdivision (b) of Section 1170.19.
35(d) Where the conviction is for the type of offense which, in
36combination with the person’s age, does not make the person
37eligible for transfer to a court of criminal jurisdiction, the person
38shall be subject to a disposition in accordance with the provisions
39of subdivision (b) of Section 1170.19.
Section 707 of the Welfare and Institutions Code is
2amended to read:
(a) (1) In any case in which a minor is alleged to be a
4person described in subdivision (a) of Section 602 by reason of
5the violation, when he or she was 16 years of age or older, of any
6criminal statute or ordinance except those listed in subdivision (b),
7upon motion of the petitioner made prior to the attachment of
8jeopardy the court shall cause the probation officer to investigate
9and submit a report on the behavioral patterns and social history
10of the minor being considered for a determination of unfitness.
11Following submission and consideration of the report, and of any
12other relevant evidence that the petitioner or the minor may wish
13to submit, the juvenile court may find that the minor is not a fit
14and proper subject to be
dealt with under the juvenile court law if
15it concludes that the minor would not be amenable to the care,
16treatment, and training program available through the facilities of
17the juvenile court, based upon an evaluation of the criteria specified
18in clause (i) of subparagraphs (A) to (E), inclusive:
19(A) (i) The degree of criminal sophistication exhibited by the
20minor.
21(ii) When evaluating the criterion specified in clause (i), the
22juvenile court may give weight to any relevant factor, including,
23but not limited to, the minor’s age, maturity, intellectual capacity,
24and physical, mental, and emotional health at the time of the
25alleged offense, the minor’s impetuosity or failure to appreciate
26risks and consequences of criminal behavior, the effect of familial,
27
adult, or peer pressure on the minor’s actions, and the effect of the
28minor’s family and community environment and childhood trauma
29on the minor’s criminal sophistication.
30(B) (i) Whether the minor can be rehabilitated prior to the
31expiration of the juvenile court’s jurisdiction.
32(ii) When evaluating the criterion specified in clause (i), the
33juvenile court may give weight to any relevant factor, including,
34but not limited to, the minor’s potential to grow and mature.
35(C) (i) The minor’s previous delinquent history.
36(ii) When evaluating the criterion specified in clause (i), the
37juvenile court may give weight to any
relevant factor, including,
38but not limited to, the seriousness of the minor’s previous
39delinquent history and the effect of the minor’s family and
P6 1community environment and childhood trauma on the minor’s
2previous delinquent behavior.
3(D) (i) Success of previous attempts by the juvenile court to
4rehabilitate the minor.
5(ii) When evaluating the criterion specified in clause (i), the
6juvenile court may give weight to any relevant factor, including,
7but not limited to, the adequacy of the services previously provided
8to address the minor’s needs.
9(E) (i) The circumstances and gravity of the offense alleged in
10the petition to have been committed by the minor.
11(ii) When evaluating the criterion specified in clause (i), the
12juvenile court may give weight to any relevant factor, including,
13but not limited to,begin insert the actual behavior of the person, the mental
14state of the person, the person’s degree of involvement in the crime,end insert
15 the level of harm actually caused by thebegin delete minor,end deletebegin insert person,end insert and the
16begin delete minor’send deletebegin insert person’send insert mental and emotional development.
17A
determination that the minor is not a fit and proper subject to
18be dealt with under the juvenile court law may be based on any
19one or a combination of the factors set forth in clause (i) of
20subparagraphs (A) to (E), inclusive, which shall be recited in the
21order of unfitness. In any case in which a hearing has been noticed
22pursuant to this section, the court shall postpone the taking of a
23plea to the petition until the conclusion of the fitness hearing, and
24no plea that may have been entered already shall constitute
25evidence at the hearing.
26(2) (A) This paragraph shall apply to a minor alleged to be a
27person described in Section 602 by reason of the violation, when
28he or she has attained 16 years of age, of any felony offense when
29the minor has been declared to be a ward of the court pursuant to
30Section 602 on one or
more prior occasions if both of the following
31apply:
32(i) The minor has previously been found to have committed two
33or more felony offenses.
34(ii) The offenses upon which the prior petition or petitions were
35based were committed when the minor had attained 14 years of
36age.
37(B) Upon motion of the petitioner made prior to the attachment
38of jeopardy the court shall cause the probation officer to investigate
39and submit a report on the behavioral patterns and social history
40of the minor being considered for a determination of unfitness.
P7 1Following submission and consideration of the report, and of any
2other relevant evidence that the petitioner or the minor may wish
3to submit, the minor shall be presumed to be not a
fit and proper
4subject to be dealt with under the juvenile court law unless the
5juvenile court concludes, based upon evidence, which evidence
6may be of extenuating or mitigating circumstances, that the minor
7would be amenable to the care, treatment, and training program
8available through the facilities of the juvenile court based upon an
9evaluation of the criteria specified in subclause (I) of clauses (i)
10to (v), inclusive:
11(i) (I) The degree of criminal sophistication exhibited by the
12minor.
13(II) When evaluating the criterion specified in subclause (I), the
14juvenile court may give weight to any relevant factor, including,
15but not limited to, the minor’s age, maturity, intellectual capacity,
16and physical, mental, and emotional health at the time of the
17
alleged offense, the minor’s impetuosity or failure to appreciate
18risks and consequences of criminal behavior, the effect of familial,
19adult, or peer pressure on the minor’s actions, and the effect of the
20minor’s family and community environment and childhood trauma
21on the minor’s criminal sophistication.
22(ii) (I) Whether the minor can be rehabilitated prior to the
23expiration of the juvenile court’s jurisdiction.
24(II) When evaluating the criterion specified in subclause (I), the
25juvenile court may give weight to any relevant factor, including,
26but not limited to, the minor’s potential to grow and mature.
27(iii) (I) The minor’s previous delinquent history.
28(II) When evaluating the criterion specified in subclause (I), the
29juvenile court may give weight to any relevant factor, including,
30but not limited to, the seriousness of the minor’s previous
31delinquent history and the effect of the minor’s family and
32community environment and childhood trauma on the minor’s
33previous delinquent behavior.
34(iv) (I) Success of previous attempts by the juvenile court to
35rehabilitate the minor.
36(II) When evaluating the criterion specified in subclause (I), the
37juvenile court may give weight to any relevant factor, including,
38but not limited to, the adequacy of the services previously provided
39to address the minor’s needs.
P8 1(v) (I) The circumstances and gravity of the offense alleged in
2the petition to have been committed by the minor.
3(II) When evaluating the criterion specified in subclause (I), the
4juvenile court may give weight to any relevant factor, including,
5but not limited to,begin insert the actual behavior of the person, the mental
6state of the person, the person’s degree of involvement in the crime,end insert
7 the level of harm actually caused by the begin deleteminor,end deletebegin insert person,end insert and the
8begin delete minor’send deletebegin insert
person’send insert mental and emotional development.
9A determination that the minor is a fit and proper subject to be
10dealt with under the juvenile court law shall be based on a finding
11of amenability after consideration of the criteria set forth in
12subclause (I) of clauses (i) to (v), inclusive, and findings therefore
13recited in the order as to each of those criteria that the minor is fit
14and proper under each and every one of those criteria. In making
15a finding of fitness, the court may consider extenuating and
16mitigating circumstances in evaluating each of those criteria. In
17any case in which the hearing has been noticed pursuant to this
18section, the court shall postpone the taking of a plea to the petition
19until the conclusion of the fitness hearing and no plea that may
20have been entered already shall constitute evidence at the hearing.
21If
the minor is found to be a fit and proper subject to be dealt with
22under the juvenile court law pursuant to this subdivision, the minor
23shall be committed to placement in a juvenile hall, ranch camp,
24forestry camp, boot camp, or secure juvenile home pursuant to
25Section 730, or in any institution operated by the Department of
26Corrections and Rehabilitation, Division of Juvenile Facilities.
27(3) If, pursuant to this subdivision, the minor is found to be not
28a fit and proper subject for juvenile court treatment and is tried in
29a court of criminal jurisdiction and found guilty by the trier of fact,
30the judge may commit the minor to the Department of Corrections
31and Rehabilitation, Division of Juvenile Facilities, in lieu of
32sentencing the minor to the state prison, unless the limitations
33specified in Section 1732.6 apply.
34(b) Subdivision (c) shall be applicable in any case in which a
35minor is alleged to be a person described in Section 602 by reason
36of the violation of one of the following offenses:
37(1) Murder.
38(2) Arson, as provided in subdivision (a) or (b) of Section 451
39of the Penal Code.
40(3) Robbery.
P9 1(4) Rape with force, violence, or threat of great bodily harm.
2(5) Sodomy by force, violence, duress, menace, or threat of
3great bodily harm.
4(6) A lewd or lascivious act as provided in
subdivision (b) of
5Section 288 of the Penal Code.
6(7) Oral copulation by force, violence, duress, menace, or threat
7of great bodily harm.
8(8) An offense specified in subdivision (a) of Section 289 of
9the Penal Code.
10(9) Kidnapping for ransom.
11(10) Kidnapping for purposes of robbery.
12(11) Kidnapping with bodily harm.
13(12) Attempted murder.
14(13) Assault with a firearm or destructive device.
15(14) Assault by any means of
force likely to produce great bodily
16injury.
17(15) Discharge of a firearm into an inhabited or occupied
18building.
19(16) An offense described in Section 1203.09 of the Penal Code.
20(17) An offense described in Section 12022.5 or 12022.53 of
21the Penal Code.
22(18) A felony offense in which the minor personally used a
23weapon described in any provision listed in Section 16590 of the
24Penal Code.
25(19) A felony offense described in Section 136.1 or 137 of the
26Penal Code.
27(20) Manufacturing, compounding, or selling one-half ounce
28or
more of a salt or solution of a controlled substance specified in
29subdivision (e) of Section 11055 of the Health and Safety Code.
30(21) A violent felony, as defined in subdivision (c) of Section
31667.5 of the Penal Code, which also would constitute a felony
32violation of subdivision (b) of Section 186.22 of the Penal Code.
33(22) Escape, by the use of force or violence, from a county
34juvenile hall, home, ranch, camp, or forestry camp in violation of
35subdivision (b) of Section 871 if great bodily injury is intentionally
36inflicted upon an employee of the juvenile facility during the
37commission of the escape.
38(23) Torture as described in Sections 206 and 206.1 of the Penal
39Code.
P10 1(24) Aggravated mayhem, as described in Section 205 of the
2Penal Code.
3(25) Carjacking, as described in Section 215 of the Penal Code,
4while armed with a dangerous or deadly weapon.
5(26) Kidnapping for purposes of sexual assault, as punishable
6in subdivision (b) of Section 209 of the Penal Code.
7(27) Kidnapping as punishable in Section 209.5 of the Penal
8Code.
9(28) The offense described in subdivision (c) of Section 26100
10of the Penal Code.
11(29) The offense described in Section 18745 of the Penal Code.
12(30) Voluntary
manslaughter, as described in subdivision (a)
13of Section 192 of the Penal Code.
14(c) With regard to a minor alleged to be a person described in
15Section 602 by reason of the violation, when he or she was 14
16years of age or older, of any of the offenses listed in subdivision
17(b), upon motion of the petitioner made prior to the attachment of
18jeopardy the court shall cause the probation officer to investigate
19and submit a report on the behavioral patterns and social history
20of the minor being considered for a determination of unfitness.
21Following submission and consideration of the report, and of any
22other relevant evidence that the petitioner or the minor may wish
23to submit, the minor shall be presumed to be not a fit and proper
24subject to be dealt with under the juvenile court law unless the
25juvenile court concludes, based upon evidence, which
evidence
26may be of extenuating or mitigating circumstances, that the minor
27would be amenable to the care, treatment, and training program
28available through the facilities of the juvenile court based upon an
29evaluation of each of the criteria specified in subparagraph (A) of
30
paragraphs (1) to (5), inclusive:
31(1) (A) The degree of criminal sophistication exhibited by the
32minor.
33(B) When evaluating the criterion specified in subparagraph
34(A), the juvenile court may give weight to any relevant factor,
35including, but not limited to, the minor’s age, maturity, intellectual
36capacity, and physical, mental, and emotional health at the time
37of the alleged offense, the minor’s impetuosity or failure to
38appreciate risks and consequences of criminal behavior, the effect
39of familial, adult, or peer pressure on the minor’s actions, and the
P11 1effect of the minor’s family and community environment and
2childhood trauma on the minor’s criminal sophistication.
3(2) (A) Whether the minor can be rehabilitated prior to the
4expiration of the juvenile court’s jurisdiction.
5(B) When evaluating the criterion specified in subparagraph
6(A), the juvenile court may give weight to any relevant factor,
7including, but not limited to, the minor’s potential to grow and
8mature.
9(3) (A) The minor’s previous delinquent history.
10(B) When evaluating the criterion specified in subparagraph
11(A), the juvenile court may give weight to any relevant factor,
12including, but not limited to, the seriousness of the minor’s
13previous delinquent history and the effect of the minor’s family
14and community environment and childhood trauma on the minor’s
15previous delinquent behavior.
16(4) (A) Success of previous attempts by the juvenile court to
17rehabilitate the minor.
18(B) When evaluating the criterion specified in subparagraph
19(A), the juvenile court may give weight to any relevant factor,
20including, but not limited to, the adequacy of the services
21previously provided to address the minor’s needs.
22(5) (A) The circumstances and gravity of the offenses alleged
23in the petition to have been committed by the minor.
24(B) When evaluating the criterion specified in subparagraph
25(A), the juvenile court may give weight to any relevant factor,
26including, but not limited to,begin insert
the actual behavior of the person,
27the mental state of the person, the person’s degree of involvement
28in the crime,end insert the level of harm actually caused by thebegin delete minor,end delete
29begin insert person,end insert and thebegin delete minor’send deletebegin insert person’send insert mental and emotional
30development.
31A determination that the minor is a fit and proper subject to be
32dealt with under the juvenile court law shall be based on a finding
33of amenability after consideration of the criteria set forth in
34subparagraph (A) of paragraphs (1) to (5), inclusive, and findings
35therefore
recited in the order as to each of those criteria that the
36minor is fit and proper under each and every one of those criteria.
37In making a finding of fitness, the court may consider extenuating
38or mitigating circumstances in evaluating each of those criteria.
39In any case in which a hearing has been noticed pursuant to this
40section, the court shall postpone the taking of a plea to the petition
P12 1until the conclusion of the fitness hearing and no plea which may
2have been entered already shall constitute evidence at the hearing.
3If, pursuant to this subdivision, the minor is found to be not a fit
4and proper subject for juvenile court treatment and is tried in a
5court of criminal jurisdiction and found guilty by the trier of fact,
6the judge may commit the minor to the Department of Corrections
7and Rehabilitation, Division of Juvenile Facilities, in lieu of
8sentencing the minor to the state prison, unless
the limitations
9specified in Section 1732.6 apply.
10(d) (1) Except as provided in subdivision (b) of Section 602,
11the district attorney or other appropriate prosecuting officer may
12file an accusatory pleading in a court of criminal jurisdiction
13against any minor 16 years of age or older who is accused of
14committing an offense enumerated in subdivision (b).
15(2) Except as provided in subdivision (b) of Section 602, the
16district attorney or other appropriate prosecuting officer may file
17an accusatory pleading against a minor 14 years of age or older in
18a court of criminal jurisdiction in any case in which any one or
19more of the following circumstances apply:
20(A) The minor is alleged to have committed an offense
that if
21committed by an adult would be punishable by death or
22imprisonment in the state prison for life.
23(B) The minor is alleged to have personally used a firearm
24during the commission or attempted commission of a felony, as
25described in Section 12022.5 or 12022.53 of the Penal Code.
26(C) The minor is alleged to have committed an offense listed
27in subdivision (b) in which any one or more of the following
28circumstances apply:
29(i) The minor has previously been found to be a person described
30in Section 602 by reason of the commission of an offense listed
31in subdivision (b).
32(ii) The offense was committed for the benefit of, at the direction
33of, or in
association with any criminal street gang, as defined in
34subdivision (f) of Section 186.22 of the Penal Code, with the
35specific intent to promote, further, or assist in criminal conduct by
36gang members.
37(iii) The offense was committed for the purpose of intimidating
38or interfering with any other person’s free exercise or enjoyment
39of a right secured to him or her by the Constitution or laws of this
40state or by the Constitution or laws of the United States and because
P13 1of the other person’s race, color, religion, ancestry, national origin,
2disability, gender, or sexual orientation, or because the minor
3perceives that the other person has one or more of those
4characteristics, as described in Title 11.6 (commencing with
5Section 422.55) of Part 1 of the Penal Code.
6(iv) The
victim of the offense was 65 years of age or older, or
7blind, deaf, quadriplegic, paraplegic, developmentally disabled,
8or confined to a wheelchair, and that disability was known or
9reasonably should have been known to the minor at the time of
10the commission of the offense.
11(3) Except as provided in subdivision (b) of Section 602, the
12district attorney or other appropriate prosecuting officer may file
13an accusatory pleading in a court of criminal jurisdiction against
14any minor 16 years of age or older who is accused of committing
15one or more of the following offenses, if the minor has previously
16been found to be a person described in Section 602 by reason of
17the violation of a felony offense, when he or she was 14 years of
18age or older:
19(A) A felony offense in which it is alleged that
the victim of the
20offense was 65 years of age or older, or blind, deaf, quadriplegic,
21paraplegic, developmentally disabled, or confined to a wheelchair,
22and that disability was known or reasonably should have been
23known to the minor at the time of the commission of the offense.
24(B) A felony offense committed for the purposes of intimidating
25or interfering with any other person’s free exercise or enjoyment
26of a right secured to him or her by the Constitution or laws of this
27state or by the Constitution or laws of the United States and because
28of the other person’s race, color, religion, ancestry, national origin,
29disability, gender, or sexual orientation, or because the minor
30perceived that the other person had one or more of those
31characteristics, as described in Title 11.6 (commencing with
32Section 422.55) of Part 1 of the Penal Code.
33(C) The offense was committed for the benefit of, at the direction
34of, or in association with any criminal street gang as prohibited by
35Section 186.22 of the Penal Code.
36(4) In any case in which the district attorney or other appropriate
37prosecuting officer has filed an accusatory pleading against a minor
38in a court of criminal jurisdiction pursuant to this subdivision, the
39case shall then proceed according to the laws applicable to a
40criminal case. In conjunction with the preliminary hearing as
P14 1provided in Section 738 of the Penal Code, the magistrate shall
2make a finding that reasonable cause exists to believe that the
3minor comes within this subdivision. If reasonable cause is not
4established, the criminal court shall transfer the case to the juvenile
5court having jurisdiction
over the matter.
6(5) For an offense for which the prosecutor may file the
7accusatory pleading in a court of criminal jurisdiction pursuant to
8this subdivision, but elects instead to file a petition in the juvenile
9court, if the minor is subsequently found to be a person described
10in subdivision (a) of Section 602, the minor shall be committed to
11placement in a juvenile hall, ranch camp, forestry camp, boot camp,
12or secure juvenile home pursuant to Section 730, or in any
13institution operated by the Department of Corrections and
14Rehabilitation, Division of Juvenile Facilities.
15(6) If, pursuant to this subdivision, the minor is found to be not
16a fit and proper subject for juvenile court treatment and is tried in
17a court of criminal jurisdiction and found guilty by the trier of fact,
18the
judge may commit the minor to the Department of Corrections
19and Rehabilitation, Division of Juvenile Facilities, in lieu of
20sentencing the minor to the state prison, unless the limitations
21specified in Section 1732.6 apply.
22(e) A report submitted by a probation officer pursuant to this
23section regarding the behavioral patterns and social history of the
24minor being considered for a determination of unfitness shall
25include any written or oral statement offered by the victim, the
26victim’s parent or guardian if the victim is a minor, or if the victim
27has died, the victim’s next of kin, as authorized by subdivision (b)
28of Section 656.2. Victims’ statements shall be considered by the
29court to the extent they are relevant to the court’s determination
30of unfitness.
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95