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Santa Cruz Criminal Defense Blog 2016 February New Laws for Juvenile Delinquency in 2016
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New Laws for Juvenile Delinquency in 2016

Posted By The McGuire Law Corporation || 26-Feb-2016

Penal Code Section 1170.17 adds descriptions to the five fitness criteria a juvenile court must consider in deciding whether a minor is fit for juvenile court rather than adult court. The new descriptions focus on age, maturity, intellectual capacity, potential to grow and mature and adequacy of services previously provided.

Welfare and Institutions Code Section 739.5 states that the Judicial Council by July 1, 2016 is to develop rules of court and forms for the administration of psychotropic medication to juvenile wards. The system is to include periodic oversight by the court.

Welfare and Institutions Code Section 782 says the Court may not cite unpaid restitution fines and court-ordered fees as a reason not to seal a juvenile’s record. The court may consider failure to pay victim restitution, but it is not a bar to sealing. An unpaid fine or fee, however, cannot be considered by the court when deciding whether to grant sealing.

Welfare and Institutions Code Section 903.3 provides that the juvenile’s family is not responsible for paying the $150 fee related to record sealing. Only a non-indigent client who is now at least 26 years old must pay.

Welfare and Institutions Code Section 831 prohibits the disclosure of juvenile information to federal officials absent a juvenile court order pursuant to W & I 827. The law provides that juvenile court records are confidential regardless of a juvenile’s immigration status.

If your child or family member is arrested or charged with a crime in Juvenile Court or is being investigated by Probation or Law Enforcement, contact The McGuire Law Office.

Categories: Criminal Law Procedures, Juvenile

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