Transfers to juvenile court.

Existing law, the Public Safety and Rehabilitation Act of 2016, as enacted by Proposition 57 at the November 8, 2016, statewide general election, authorizes the district attorney, among other things, to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a felony when the person was 16 years of age or older. Following a fitness hearing, existing law requires the juvenile court to decide whether the minor should be transferred to a court of criminal jurisdiction and recite the basis for its decision. This bill would authorize a person whose case was transferred from juvenile court to a court of criminal jurisdiction to file a motion to return the case to juvenile court for disposition under specified circumstances, including, among others, when the person is convicted at trial only of an offense that was not the basis for transfer from juvenile court to the criminal court, as specified. Upon return to the juvenile court, the bill would require the probation department to prepare a social study on the questions of proper disposition, and would impose additional duties on the clerk of the court with respect to notice and court records, as specified. By imposing new duties on probation departments, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.