2023 Standard for Juvenile Transfer Hearings
Assembly Bill 2361 (Enacted Sept. 15, 2022) Amends Welfare and Institutions Code 707 to: (1) prohibit the transfer of a minor to adult criminal court unless the juvenile court finds, by clear and convincing evidence, that the minor is “not amenable to rehabilitation” while under the jurisdiction of the juvenile court. This change is a dramatic shift in juvenile transfer law that makes a motion to transfer a juvenile’s case to adult court much more difficult for the District Attorney.
In practice, youth detained in the Youth Detention Center who program well, and avoid misconduct, can show they are amenable to rehabilitation through their conduct. This, coupled with testimony from one of our “transfer experts”, generally a Psychologist, the new standards introduced by AB2361 effective January 1, 2023, rendes our likelihood of preventing a transfer much much greater. This is good news for any youth facing a serious juvenile delinquency charge where the District Attorney has filed a motion to transfer the proceedings to adult court per WIC 707.
Contact Us to see how this new change in the law can help your child facing adult court transfer proceedings.