Law enforcement
Juvenile justice
Prosecutors may seek adult-court transfer for certain 14- and 15-year-olds returned to juvenile court for resentencing.
The law closes a gap after a prior adult conviction is moved to juvenile court for resentencing, allowing a new transfer decision for specified serious offenses.
What the law does
- Allows prosecutors to request transfer to criminal court for a person alleged to have committed a listed serious offense at age 14 or 15, if the person was previously convicted in criminal court and is being resentenced in juvenile court.
- Requires the juvenile court to order a probation report on the person’s behavioral patterns and social history, including any victim statement, before deciding the transfer request.
- Requires clear and convincing evidence that the person cannot be rehabilitated under juvenile-court jurisdiction before transfer.
- Retains required consideration of the person’s maturity, trauma, family and community environment, rehabilitation potential, prior history, prior services, and the alleged offense’s circumstances.
Who it affects
- People alleged to have committed specified serious offenses at age 14 or 15 who were convicted in criminal court and later returned to juvenile court for resentencing.
- Prosecutors, juvenile courts, probation officers, victims, and accused youth.