CHILDREN AND THE LAW
...Delinquency Matters
......Transfer Hearings
.........Transfer Hearing: Timing
8 Cards On This Topic:

Hearing for minors to determine whether unfit to be dealt with under juvenile court law shall be after PO report and prior to attachment of jeopardy.

Fitness hearing must be conducted prior to attachment of jeopardy.

With a limited remand order pending and the passage of Prop. 57 in the interim, defendant whose conviction and sentence was affirmed on appeal was entitled to a juvenile fitness/transfer hearing under the new law.

Convicted defendant entitled to a transfer hearing under Prop. 57 where parties conceded that his case was not yet final on appeal.

Prop. 57 applies retroactively to juvenile offenders whose cases are not yet final on appeal.

Legislature intended list of crimes contained in W&IC 707 (former) (b) to serve as a reference list and to apply to minors younger than 16.

Delay in start of fitness hearing for detained minor beyond 13 judicial day period mandated by rule of court does not require dismissal of hearing.

Ms’ 1st degree murder with special circumstances convictions did not make them ineligible for CYA; court required to obtain W&IC 707.2 diagnostic study before prison sentencing.