SECTIONS 790-795 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 790-795

790. (a) Notwithstanding Section 654 or 654.2, or any other
provision of law, this article shall apply whenever a case is before
the juvenile court for a determination of whether a minor is a person
described in Section 602 because of the commission of a felony
offense, if all of the following circumstances apply:
(1) The minor has not previously been declared to be a ward of the
court for the commission of a felony offense.
(2) The offense charged is not one of the offenses enumerated in
subdivision (b) of Section 707.
(3) The minor has not previously been committed to the custody of
the Youth Authority.
(4) The minor's record does not indicate that probation has ever
been revoked without being completed.
(5) The minor is at least 14 years of age at the time of the
hearing.
(6) The minor is eligible for probation pursuant to Section
1203.06 of the Penal Code.
(b) The prosecuting attorney shall review his or her file to
determine whether or not paragraphs (1) to (6), inclusive, of
subdivision (a) apply. If the minor is found eligible for deferred
entry of judgment, the prosecuting attorney shall file a declaration
in writing with the court or state for the record the grounds upon
which the determination is based, and shall make this information
available to the minor and his or her attorney. Upon a finding that
the minor is also suitable for deferred entry of judgment and would
benefit from education, treatment, and rehabilitation efforts, the
court may grant deferred entry of judgment. Under this procedure, the
court may set the hearing for deferred entry of judgment at the
initial appearance under Section 657. The court shall make findings
on the record that a minor is appropriate for deferred entry of
judgment pursuant to this article in any case where deferred entry of
judgment is granted.

791. (a) The prosecuting attorney's written notification to the
minor shall also include all of the following:
(1) A full description of the procedures for deferred entry of
judgment.
(2) A general explanation of the roles and authorities of the
probation department, the prosecuting attorney, the program, and the
court in that process.
(3) A clear statement that, in lieu of jurisdictional and
disposition hearings, the court may grant a deferred entry of
judgment with respect to any offense charged in the petition,
provided that the minor admits each allegation contained in the
petition and waives time for the pronouncement of judgment, and that
upon the successful completion of the terms of probation, as defined
in Section 794, the positive recommendation of the probation
department, and the motion of the prosecuting attorney, but no sooner
that 12 months and no later than 36 months from the date of the
minor's referral to the program, the court shall dismiss the charge
or charges against the minor.
(4) A clear statement that upon any failure of the minor to comply
with the terms of probation, including the rules of any program the
minor is directed to attend, or any circumstances specified in
Section 793, the prosecuting attorney or the probation department, or
the court on its own, may make a motion to the court for entry of
judgment and the court shall render a finding that the minor is a
ward of the court pursuant to Section 602 for the offenses specified
in the original petition and shall schedule a dispositional hearing.
(5) An explanation of record retention and disposition resulting
from participation in the deferred entry of judgment program and the
minor's rights relative to answering questions about his or her
arrest and deferred entry of judgment following successful completion
of the program.
(6) A statement that if the minor fails to comply with the terms
of the program and judgment is entered, the offense may serve as a
basis for a finding of unfitness pursuant to subdivision (d) of
Section 707, if the minor commits two subsequent felony offenses.
(b) If the minor consents and waives his or her right to a speedy
jurisdictional hearing, the court may refer the case to the probation
department or the court may summarily grant deferred entry of
judgment if the minor admits the charges in the petition and waives
time for the pronouncement of judgment. When directed by the court,
the probation department shall make an investigation and take into
consideration the defendant's age, maturity, educational background,
family relationships, demonstrable motivation, treatment history, if
any, and other mitigating and aggravating factors in determining
whether the minor is a person who would be benefited by education,
treatment, or rehabilitation. The probation department shall also
determine which programs would accept the minor. The probation
department shall report its findings and recommendations to the
court. The court shall make the final determination regarding
education, treatment, and rehabilitation of the minor.
(c) A minor's admission of the charges contained in the petition
pursuant to this chapter shall not constitute a finding that a
petition has been sustained for any purpose, unless a judgment is
entered pursuant to subdivision (b) of Section 793.

792. The judge shall issue a citation directing any custodial
parent, guardian, or foster parent of the minor to appear at the time
and place set for the hearing, and directing any person having
custody or control of the minor concerning whom the petition has been
filed to bring the minor with him or her. The notice shall in
addition state that a parent, guardian, or foster parent may be
required to participate in a counseling or education program with the
minor concerning whom the petition has been filed. The notice shall
explain the provisions of Section 170.6 of the Code of Civil
Procedure. Personal service shall be made at least 24 hours before
the time stated for the appearance.

793. (a) If it appears to the prosecuting attorney, the court, or
the probation department that the minor is not performing
satisfactorily in the assigned program or is not complying with the
terms of the minor's probation, or that the minor is not benefiting
from education, treatment, or rehabilitation, the court shall lift
the deferred entry of judgment and schedule a dispositional hearing.
If after accepting deferred entry of judgment and during the period
in which deferred entry of judgment was granted, the minor is
convicted of, or declared to be a person described in Section 602 for
the commission of, any felony offense or of any two misdemeanor
offenses committed on separate occasions, the judge shall enter
judgment and schedule a dispositional hearing. If the minor is
convicted of, or found to be a person described in Section 602,
because of the commission of one misdemeanor offense, or multiple
misdemeanor offenses committed during a single occasion, the court
may enter judgment and schedule a dispositional hearing.
(b) If the judgment previously deferred is imposed and a
dispositional hearing scheduled pursuant to subdivision (a), the
juvenile court shall report the complete criminal history of the
minor to the Department of Justice, pursuant to Section 602.5.
(c) If the minor has performed satisfactorily during the period in
which deferred entry of judgment was granted, at the end of that
period the charge or charges in the wardship petition shall be
dismissed and the arrest upon which the judgment was deferred shall
be deemed never to have occurred and any records in the possession of
the juvenile court shall be sealed, except that the prosecuting
attorney and the probation department of any county shall have access
to these records after they are sealed for the limited purpose of
determining whether a minor is eligible for deferred entry of
judgment pursuant to Section 790.

794. When a minor is permitted to participate in a deferred entry
of judgment procedure, the judge shall impose, as a condition of
probation, the requirement that the minor be subject to warrantless
searches of his or her person, residence, or property under his or
her control, upon the request of a probation officer or peace
officer. The court shall also consider whether imposing random drug
or alcohol testing, or both, including urinalysis, would be an
appropriate condition of probation. The judge shall also, when
appropriate, require the minor to periodically establish compliance
with curfew and school attendance requirements. The court may, in
consultation with the probation department, impose any other term of
probation authorized by this code that the judge believes would
assist in the education, treatment, and rehabilitation of the minor
and the prevention of criminal activity. The minor may also be
required to pay restitution to the victim or victims pursuant to the
provisions of this code.

795. The county probation officer or a person designated by the
county probation officer shall serve in each county as the program
administrator for juveniles granted deferred entry of judgment and
shall be responsible for developing, supervising, and monitoring
treatment programs and otherwise overseeing the placement and
supervision of minors granted probation pursuant to the provisions of
this chapter.