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AB-592 Sentencing: juveniles.(2013-2014)

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CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 592


Introduced by Assembly Member Fox

February 20, 2013


An act to amend Section 1170.17 of the Penal Code, relating to juveniles.


LEGISLATIVE COUNSEL'S DIGEST


AB 592, as introduced, Fox. Sentencing: juveniles.
Existing law authorizes the prosecution and punishment of an individual under 18 years of age as an adult for a criminal offense under specified circumstances upon a finding that the individual is not a fit and proper subject to be dealt with under the juvenile court law. Existing statutory language provides that, except as otherwise provided, an individual prosecuted under this provision must be sentenced under the juvenile court law unless the district attorney demonstrates by a preponderance of the evidence, that the individual is not a fit and proper subject to be dealt with under the juvenile court law as specified.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1170.17 of the Penal Code is amended to read:

1170.17.
 (a) When a person an individual is prosecuted for a criminal offense committed while he or she was under the age of 18 years and the prosecution is lawfully initiated in a court of criminal jurisdiction without a prior finding that the person individual is not a fit and proper subject to be dealt with under the juvenile court law, upon subsequent conviction for any criminal offense, the person individual shall be subject to the same sentence as an adult convicted of the identical offense, in accordance with the provisions set forth in subdivision (a) of Section 1170.19, except under the circumstances described in subdivision (b) or (c).
(b) Where the conviction is for the type of offense which, in combination with the person’s individual’s age at the time the offense was committed, makes the person individual eligible for transfer to a court of criminal jurisdiction, pursuant to a rebuttable presumption that the person individual is not a fit and proper subject to be dealt with under the juvenile court law, and the prosecution for the offense could not lawfully be initiated in a court of criminal jurisdiction, then either of the following shall apply:
(1) The person individual shall be subject to the same sentence as an adult convicted of the identical offense in accordance with the provisions set forth in subdivision (a) of Section 1170.19, unless the person individual prevails upon a motion brought pursuant to paragraph (2).
(2) Upon a motion brought by the person, individual, the court shall order the probation department to prepare a written social study and recommendation concerning the person’s individual’s fitness to be dealt with under the juvenile court law and the court shall either conduct a fitness hearing or suspend proceedings and remand the matter to the juvenile court to prepare a social study and make a determination of fitness. The person individual shall receive a disposition under the juvenile court law only if the person individual demonstrates, 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 each of the following five criteria:
(A) The degree of criminal sophistication exhibited by the person individual.
(B) Whether the person individual can be rehabilitated prior to the expiration of the juvenile court’s jurisdiction.
(C) The person’s individual’s previous delinquent history.
(D) Success of previous attempts by the juvenile court to rehabilitate the person individual.
(E) The circumstances and gravity of the offense for which the person individual has been convicted.
If the court conducting the fitness hearing finds that the person individual is not a fit and proper subject for juvenile court jurisdiction, then the person individual shall be sentenced by the court where he or she was convicted, in accordance with the provisions of paragraph (1). If the court conducting the hearing on fitness finds that the person individual is a fit and proper subject for juvenile court jurisdiction, then the person individual shall be subject to a disposition in accordance with the provisions of subdivision (b) of Section 1170.19.
(c) Where the conviction is for the type of offense which, in combination with the person’s individual’s age at the time the offense was committed, makes the person individual eligible for transfer to a court of criminal jurisdiction, pursuant to a rebuttable presumption that the person individual is a fit and proper subject to be dealt with under the juvenile court law, then the person individual shall be sentenced as follows:
(1) The person individual shall be subject to a disposition under the juvenile court law, in accordance with the provisions of subdivision (b) of Section 1170.19, unless the district attorney prevails upon a motion, as described in paragraph (2).
(2) Upon a motion brought by the district attorney, the court shall order the probation department to prepare a written social study and recommendation concerning whether the person individual is a fit and proper subject to be dealt with under the juvenile court law. The court shall either conduct a fitness hearing or suspend proceedings and remand the matter to the juvenile court for a determination of fitness. The person individual shall be subject to a juvenile disposition under the juvenile court law unless the district attorney demonstrates, by a preponderance of the evidence, that the person individual is not a fit and proper subject to be dealt with under the juvenile court law, based upon the five criteria set forth in paragraph (2) of subdivision (b). If the person individual is found to be not a fit and proper subject to be dealt with under the juvenile court law, then the person individual shall be sentenced in the court where he or she was convicted, in accordance with the provisions set forth in subdivision (a) of Section 1170.19. If the person individual is found to be a fit and proper subject to be dealt with under the juvenile court law, the person individual shall be subject to a disposition, in accordance with the provisions of subdivision (b) of Section 1170.19.
(d) Where the conviction is for the type of offense which, in combination with the person’s individual’s age, does not make the person individual eligible for transfer to a court of criminal jurisdiction, the person individual shall be subject to a disposition in accordance with the provisions of subdivision (b) of Section 1170.19.