1170.17
. (a) When a person is prosecuted for a criminal offense
committed while he or she was under 18 years of age and the
prosecution was lawfully initiated in a court of criminal
jurisdiction without a prior finding that the person 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 shall be
subject to the same sentence as an adult convicted of the identical
offense, in accordance with subdivision (a) of Section 1170.19,
except under the circumstances described in subdivision (b), (c), or
(d).
(b) Where the conviction is for the type of offense which, in
combination with the person's age at the time the offense was
committed, makes 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 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 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
prevails upon a motion brought pursuant to paragraph (2).
(2) Upon a motion brought by the person, the court shall order the
probation department to prepare a written social study and
recommendation concerning the person'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 shall receive a disposition under the juvenile court law
only if the person 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.
This may include, but is not limited to, giving weight to the person'
s age, maturity, intellectual capacity, and physical, mental, and
emotional health at the time of the offense, the person's impetuosity
or failure to appreciate risks and consequences of criminal
behavior, the effect of familial, adult, or peer pressure on the
person's actions, and the effect of the person's family and community
environment and childhood trauma on the person's criminal
sophistication.
(B) Whether the person can be rehabilitated prior to the
expiration of the juvenile court's jurisdiction. This may include,
but is not limited to, giving weight to the minor's potential to grow
and mature.
(C) The person's previous delinquent history. This may include,
but is not limited to, giving weight to the seriousness of the person'
s previous delinquent history and the effect of the person's family
and community environment and childhood trauma on the person's
previous delinquent behavior.
(D) Success of previous attempts by the juvenile court to
rehabilitate the person. This may include, but is not limited to,
giving weight to an analysis of the adequacy of the services
previously provided to address the person's needs.
(E) The circumstances and gravity of the offense for which the
person has been convicted. This may include, but is not limited to,
giving weight to the actual behavior of the person, the mental state
of the person, the person's degree of involvement in the crime, the
level of harm actually caused by the person, and the person's mental
and emotional development.
If the court conducting the fitness hearing finds that the person
is not a fit and proper subject for juvenile court jurisdiction, then
the person shall be sentenced by the court where he or she was
convicted, in accordance with paragraph (1). If the court conducting
the hearing on fitness finds that the person is a fit and proper
subject for juvenile court jurisdiction, then the person shall be
subject to a disposition in accordance with subdivision (b) of
Section 1170.19.
(c) Where the conviction is for the type of offense which, in
combination with the person's age at the time the offense was
committed, makes the person eligible for transfer to a court of
criminal jurisdiction, pursuant to a rebuttable presumption that the
person is a fit and proper subject to be dealt with under the
juvenile court law, then the person shall be sentenced as follows:
(1) The person 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 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 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 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 is found to be not a fit and proper subject to be
dealt with under the juvenile court law, then the person 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 is found to be a fit and proper subject to be dealt
with under the juvenile court law, the person 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 age, does not make the person eligible
for transfer to a court of criminal jurisdiction, the person shall be
subject to a disposition in accordance with the provisions of
subdivision (b) of Section 1170.19.