Juveniles: transfer to court of criminal jurisdiction.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Public Safety
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill changes the standard for transferring juvenile defendants to criminal court. Currently, the court must find a minor ‘not amenable to rehabilitation’ with ‘clear and convincing evidence.’ The bill lowers this standard to a ‘preponderance of the evidence.’ This means the court will now need only a slightly more than 50% determination that the minor is not amenable to rehabilitation, potentially leading to more juvenile defendants being charged as adults.
Key provisions
- Changes the standard of proof for transferring juveniles from juvenile court to criminal court from ‘clear and convincing evidence’ to ‘preponderance of the evidence.’
- Requires the court to consider a broader range of factors when assessing a minor’s amenability to rehabilitation.
- Specifies the criteria the court must consider, including the minor’s age, maturity, criminal history, and family environment.
- Requires the court to recite the basis for its transfer decision in the court record.
- Applies to a wider range of offenses, including many violent felonies.
Who is affected
- Juveniles
- District Attorneys
- Prosecutors
- Criminal Courts
- Victims of Crime
Notable changes
- Reduces the evidentiary burden for transferring juveniles to criminal court.
- Expands the factors considered by the court when determining a minor’s amenability to rehabilitation.
Bill text
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Sponsors
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1 on record
Primary sponsor
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