Section 1170.19 Of Article 1. Initial Sentencing From California Penal Code >> Title 7. >> Part 2. >> Chapter 4.5. >> Article 1.
1170.19
. (a) Notwithstanding any other provision of law, the
following shall apply to a person sentenced pursuant to Section
1170.17.
(1) The person may be committed to the Youth Authority only to the
extent the person meets the eligibility criteria set forth in
Section 1732.6 of the Welfare and Institutions Code.
(2) The person shall not be housed in any facility under the
jurisdiction of the Department of Corrections, if the person is under
the age of 16 years.
(3) The person shall have his or her criminal court records
accorded the same degree of public access as the records pertaining
to the conviction of an adult for the identical offense.
(4) Subject to the knowing and intelligent consent of both the
prosecution and the person being sentenced pursuant to this section,
the court may order a juvenile disposition under the juvenile court
law, in lieu of a sentence under this code, upon a finding that such
an order would serve the best interests of justice, protection of the
community, and the person being sentenced. Prior to ordering a
juvenile disposition, the court shall cause to be received into
evidence a social study by the probation officer, prepared pursuant
to Section 706 of the Welfare and Institutions Code, and shall state
that the social study made by the probation officer has been read and
considered by the court.
(b) Notwithstanding any other provision of law, the following
shall apply to a person who is eligible to receive a juvenile
disposition pursuant to Section 1170.17.
(1) The person shall be entitled a hearing on the proper
disposition of the case, conducted in accordance with the provisions
of Section 706 of the Welfare and Institutions Code. The court in
which the conviction occurred shall order the probation department to
prepare a written social study and recommendation concerning the
proper disposition of the case, prior to conducting the hearing or
remand the matter to the juvenile court for purposes of preparing the
social study, conducting the disposition hearing pursuant to Section
706 of the Welfare and Institutions Code, and making a disposition
order under the juvenile court law.
(2) The person shall have his or her conviction deemed to be a
finding of delinquency wardship under Section 602 of the Welfare and
Institutions Code.
(3) The person shall have his or her criminal court records
accorded the same degree of confidentiality as if the matter had been
initially prosecuted as a delinquency petition in the juvenile
court.
(4) Subject to the knowing and intelligent consent of both the
prosecution and the person being sentenced pursuant to this section,
the court may impose an adult sentence under this code, in lieu of
ordering a juvenile disposition under the juvenile court law, upon a
finding that such an order would serve the best interests of justice,
protection of the community, and the person being sentenced. Prior
to ordering an adult sentence, the court shall cause to be received
into evidence a social study by the probation officer, prepared
pursuant to Section 706 of the Welfare and Institutions Code, and
shall state that the social study prepared by the probation officer
has been read and considered by the court.