AB 1709

Bill Subjects

Abstract

(1) Existing law provides that any person under 18 years of age who commits a crime is within the jurisdiction of the juvenile court, except as specified. The juvenile court must adjudicate a petition to declare a detained minor a ward of the court within 15 days after the petition is filed. Existing law, contained in 2 initiative statutes, commonly known as the Three Strikes law, requires increased penalties for certain recidivist offenders in addition to any other enhancement or penalty provisions that may apply. Existing law requires that if a defendant has 2 or more prior violent or serious felony convictions, the term for the current felony conviction shall be an indeterminate term of imprisonment in the state prison for life with a minimum term to be served, as specified. Under certain circumstances, a juvenile adjudication constitutes a violent or serious felony conviction under those provisions. This bill would require that a youth who is 16 years of age or older at the time of the commission of an offense that could be used as a future felony conviction under the Three Strikes law be entitled to a jury trial in the juvenile court. The bill also would require that the jury trial proceed in the same manner as a jury trial in criminal court. This bill would provide that the right to a jury trial does not affect the right of a detained minor to adjudication of the petition to declare him or her a ward of the court within 15 days of the filing of the petition. This bill would also make conforming changes. (2) Existing law authorizes a juvenile court to temporarily commit a ward of the court to a diagnostic and treatment center of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, for up to 90 days if the ward is otherwise eligible for commitment and the court concludes that the commitment would be in the ward's best interest, including in cases in which the minor has been adjudged a ward of the court due to habitual disobedience or truancy or due to the violation of any state or federal law or local ordinance defining crime, as specified. Existing law requires the Chief of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, to forward the minor's diagnosis and treatment recommendations to the court within that 90-day period. This bill would limit these provisions to minors who have been adjudicated as wards of the court for violating any state or federal law or local ordinance defining a crime, as specified.