(a) Eligibility (§ 790)
A child who is the subject of a petition under section 602 alleging violation of at least one felony offense may be considered for a deferred entry of judgment if all of the following apply:
(1) The child is 14 years or older at the time of the hearing on the application for deferred entry of judgment;
(2) The offense alleged is not listed in section 707(b);
(3) The child has not been previously declared a ward of the court based on the commission of a felony offense;
(4) The child has not been previously committed to the California Department of Corrections and Rehabilitation, Division of Juvenile Justice;
(5) If the child is presently or was previously a ward of the court, probation has not been revoked before completion; and
(6) The child meets the eligibility standards stated in Penal Code section 1203.06.
(Subd (a) amended effective July 1, 2010; previously amended effective January 1, 2006.)
(b) Procedures for consideration (§ 790)
(1) Before filing a petition alleging a felony offense, or as soon as possible after filing, the prosecuting attorney must review the child's file to determine if the requirements of (a) are met. If the prosecuting attorney's review reveals that the requirements of (a) have been met, the prosecuting attorney must file Determination of Eligibility-Deferred Entry of Judgment-Juvenile (form JV-750) with the petition.
(2) If the court determines that the child is eligible and suitable for a deferred entry of judgment, and would derive benefit from education, treatment, and rehabilitation efforts, the court may grant deferred entry of judgment.
(Subd (b) amended effective July 1, 2010; previously amended effective January 1, 2007.)
(c) Citation (§ 792)
The court must issue Citation and Written Notification for Deferred Entry of Judgment-Juvenile (form JV-751) to the child's custodial parent, guardian, or foster parent. The form must be personally served on the custodial adult at least 24 hours before the time set for the appearance hearing.
(Subd (c) amended effective January 1, 2007.)
(d) Determination without a hearing; supplemental information (§ 791)
(1) The court may grant a deferred entry of judgment as stated in (2) or (3).
(2) If the child admits each allegation contained in the petition as charged and waives the right to a speedy disposition hearing, the court may summarily grant the deferred entry of judgment.
(3) When appropriate, the court may order the probation department to prepare a report with recommendations on the suitability of the child for deferred entry of judgment or set a hearing on the matter, with or without the order to the probation department for a report.
(A) The probation report must address the following:
(i) The child's age, maturity, educational background, family relationships, motivation, any treatment history, and any other relevant factors regarding the benefit the child would derive from education, treatment, and rehabilitation efforts; and
(ii) The programs best suited to assist the child and the child's family.
(B) The probation report must be submitted to the court, the child, the prosecuting attorney, and the child's attorney at least 48 hours, excluding noncourt days, before the hearing.
(Subd (d) amended effective July 1, 2010; previously amended effective January 1, 2007.)
(e) Written notification of ineligibility (§ 790)
If it is determined that the child is ineligible for deferred entry of judgment, the prosecuting attorney must complete and provide to the court, the child, and the child's attorney Determination of Eligibility-Deferred Entry of Judgment-Juvenile (form JV-750).
(Subd (e) amended effective January 1, 2007.)
(f) Conduct of hearing (§§ 791, 794)
At the hearing, the court must consider the declaration of the prosecuting attorney, any report and recommendations from the probation department, and any other relevant material provided by the child or other interested parties.
(1) If the child consents to the deferred entry of judgment, the child must enter an admission as stated in rule 5.778(c) and (d). A no-contest plea must not be accepted.
(2) The child must waive the right to a speedy disposition hearing.
(3) After acceptance of the child's admission, the court must set a date for review of the child's progress and a date by which the probation department must submit to the court, the child, the child's parent or guardian, the child's attorney, and the prosecuting attorney a report on the child's adherence to the conditions set by the court. Although the date set may be any time within the following 36 months, consideration of dismissal of the petition may not occur until at least 12 months have passed since the court granted the deferred entry of judgment.
(4) If the court grants the deferred entry of judgment, the court must order search-and-seizure probation conditions and may order probation conditions regarding the following:
(A) Education;
(B) Treatment;
(C) Testing for alcohol and other drugs, if appropriate;
(D) Curfew and school attendance requirements;
(E) Restitution; and
(F) Any other conditions consistent with the identified needs of the child and the factors that led to the conduct of the child.
(Subd (f) amended effective July 1, 2010; previously amended effective January 1, 2007.)
(g) Compliance with conditions; progress review
Twelve months after the court granted the deferred entry of judgment and on receipt of the progress report ordered at the hearing on the deferred entry of judgment, the court may:
(1) Find that the child has complied satisfactorily with the conditions imposed, dismiss the petition, seal the court records in compliance with section 793(c), and vacate the date set for review hearing; or
(2) Confirm the review hearing. At the hearing the court must:
(A) Find that the child has complied satisfactorily with the conditions imposed, dismiss the petition, and seal the court records in compliance with section 793(c); or
(B) Find that the child has not complied satisfactorily with the conditions imposed, lift the deferred entry of judgment, and set a disposition hearing.
(Subd (g) amended effective January 1, 2007.)
(h) Failure to comply with conditions (§ 793)
(1) Before the date of the progress hearing, if the child is found to have committed a misdemeanor offense or more than one misdemeanor offense on a single occasion, the court may schedule a hearing within 15 court days.
(A) At the hearing, the court must follow the procedure stated in rule 5.580(d) and (e) to determine if the deferred entry of judgment should be lifted, with a disposition hearing to be conducted thereafter.
(B) The disposition hearing must be conducted as stated in rules 5.785 through 5.795.
(C) The child's admission of the charges under a deferred entry of judgment must not constitute a finding that a petition has been sustained unless a judgment is entered under section 793(b).
(2) Before the date of the progress hearing, on the court's own motion, or if the court receives a declaration from the probation department or the prosecuting attorney alleging that the child has not complied with the conditions imposed or that the conditions are not benefiting the child, or if the child is found to have committed a felony offense or two or more misdemeanor offenses on separate occasions, the court must schedule a hearing within 10 court days.
(A) At the hearing, the court must follow the procedure stated in rule 5.580(d) and (e) to determine if the deferred entry of judgment should be lifted, with a disposition hearing to be conducted thereafter.
(B) The disposition hearing must be conducted as stated in rules 5.785 through 5.795.
(C) The child's admission of the charges under a deferred entry of judgment must not constitute a finding that a petition has been sustained unless a judgment is entered under section 793(b).
(3) If the child is found to have committed a felony offense or two or more misdemeanor offenses on separate occasions, the court must schedule a disposition hearing within 10 court days. The disposition hearing must be conducted as stated in rules 5.785 through 5.795.
(4) If the judgment previously deferred is imposed and a disposition hearing is scheduled under section 793(a), the juvenile court must report the complete criminal history of the child to the Department of Justice under section 602.5.
(Subd (h) amended effective January 1, 2007.)
Rule 5.800 amended effective July 1, 2010; adopted as rule 1495 effective January 1, 2001; previously amended effective January 1, 2006; previously amended and renumbered effective January 1, 2007.