California District Attorneys Association Writ of Mandate

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Thomas W. Hiltachk (SBN 131215)

[email protected]
Brian T. Hildreth (SBN 214131)
[email protected]
BELL, McANDREWS & HILTACHK, LLP
455 Capitol Mall, Suite 600
Sacramento, California 95814
Telephone: (916) 442-7757
Facsimile: (916) 442-7759
Attorneys for Petitioners
CALIFORNIA DISTRICT ATTORNEYS
ASSOCIATION, and ANNE MARIE
SCHUBERT
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SACRAMENTO
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CASE NO.

ASSOCIATION, and ANNE MARIE
SCHUBERT, an individual and in her personal
capacity,
VERIFIED PETITION FOR WRIT OF

MANDATE [CAL. ELEC. CODE, 9002
and 13314; CCP, 1021.5, 1085].
Petitioners,
IMMEDIATE ACTION REQUIRED:
ELECTION LAW MATTER ENTITLED
TO CALENDAR PREFERENCE
PURSUANT TO C.C.P. 35, ELECTIONS
CODE 13314
v.
ATTORNEY GENERAL OF THE STATE OF
CALIFORNIA, KAMALA HARRIS, in her
official capacity only; and DOES I-X, inclusive,
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Respondents.
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MARGARET R. PRINZING and HARRY

BEREZIN,
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Real Parties In Interest.
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INTRODUCTION
1.
Unless prohibited by this Court, Respondent Attorney General Harris
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(Respondent) will soon issue a title and summary for an initiative measure submitted to her
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office on January 25, 2016 (the self-titled Public Safety and Rehabilitation Act of 2016): 1)
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without providing the statutorily required 30-day public review period; 2) without providing the
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Legislative Analyst Office (LAO) the statutorily permitted 50-day period to examine the state
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VERIFIED PETITION FOR WRIT OF MANDATE
and local government fiscal impacts of the initiative (concluding on February 10, 2016); and 3)
without providing herself the statutorily permitted 65 day period to prepare a title and summary of
the chief purpose and points of the measure.
2.
Instead, Respondent will issue a title and summary for the January 25, 2016
initiative on or before February 25, 2016, after having provided NO public review period, giving
the LAO just 16 days to analyze an extremely complex initiative, and providing herself just 31
days to prepare a title and summary for the proposed initiative. It should be noted that as of the
date this petition was filed, the LAO had already missed the deadline to transmit its fiscal analysis
to the Attorney General.
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3.
These errors were caused by Respondents decision to accept the January 25, 2016
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submission by Real Parties as an amendment to Real Parties prior initiative filed on December
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22, 2015 (the self-titled The Justice and Rehabilitation Act).
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challenge and seek to correct. In short, the January 25, 2016 is not an amendment of the prior
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initiative draft it is a completely different and new initiative.
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4.
It is this error Petitioners
This matter is complicated by the fact that Real Parties are apparently now acting
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as agents of Governor Jerry Brown. Shortly after the January 25, 2016 filing, the Governor
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publicly announced that he was going to propose a ballot measure to eliminate over 40 years of
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determinate sentencing law and several sentencing and parole laws enacted by the voters during
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the same time period. Petitioners are not aware that Governor Brown had any connection or role
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with Real Parties December 22, 2015 submission.
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5.
In addition to the public harm caused by this error if not immediately corrected,
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Respondent will have allowed Real Parties to cut in line ahead of five other proposed initiatives
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filed after December 22, 2015 but prior to January 25, 2016.
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6.
Prior to January 1, 2015, once a proponent submitted the text of a proposed
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initiative to the Attorney Generals office, the law provided very little opportunity to change or
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amend the text of the initiative, even to fix typographical errors, grammar mistakes, or more
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substantive legal defects discovered during the Attorney General and LAO review. Moreover, the
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law provided no period for the public to review and comment on a proposed initiative measure to
assist in the discovery of such mistakes.
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In 2014, the Legislature passed, and the Governor signed, Chapter 697 which
made several changes to the initiative qualification process. Principal among these changes was
the creation of a 30-day public inspection period and authorization to allow the proponent to
submit amendments to the measure that are reasonably germane to the theme, purpose, or
subject of the initiative measure as originally proposed.
amendments could be filed any time, up to and including 5 days after the close of the public
inspection period.
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(Elec. Code 9002(b).)
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In addition, the LAO is given a full 50-days to study the fiscal impact of the
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proposed initiative measure. In this regard, the germaneness requirement is important, because
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the LAO will have commenced its analysis of the original filing. A late-filed amendment allows
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the LAO only 15 or more days to analyze the amendments to determine if they change the fiscal
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impact of the measure. Lastly, the Attorney General is required to issue the title and summary,
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including a summary of the LAOs fiscal impact analysis within 15 days following receipt of the
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LAOs review. In total, the entire title and summary/fiscal analysis process must be concluded
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within 65 calendar days.
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9.
The clear purpose of the changes to Elections Code section 9002 was to allow
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proponents of an initiative measure to correct errors and consider and implement public
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comments into the originally filed initiative. The intent of the statutory changes was not to allow
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a proponent to gut-and-amend a previously filed measure with a complete rewrite and thereby
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short-cut the analysis and review process.
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10.
There can be no plausible legal argument that the January 25, 2016 submission is
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reasonably germane to the theme, purpose, or subject of the initiative measure submitted on
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December 22, 2015. As indicated more fully herein, real parties original filing was a statutory
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measure that dealt with the procedure for prosecuting a juvenile as an adult. The subsequent
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filing proposes to add a Constitutional Amendment, which effectively repeals nearly four decades
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of determinate sentencing law, several voter-approved initiatives, and would permit the granting
of parole to tens of thousands of current adult felons serving terms in state prison.
11.
Real Parties may unquestionably attempt to qualify their new measure for the
statewide ballot. However, they must comply with the requirements of Elections Code like
everyone else. The January 25, 2016 filing must be treated as a new filing and all the procedures
and requirements that follow from that date should be immediately instituted.
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Additionally, Respondent Attorney General may unquestionably issue a circulating
title and summary for real parties originally-filed initiative and, after the process has played itself
out, a circulating title and summary for Real Parties newly filed initiative.
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This Court should act immediately to prohibit the Attorney General from allowing
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Real Parties new measure from unlawfully jumping ahead in line, which has the effect of
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denying the public its statutory right of review, and depriving the LAO with the full allotted time
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to analyze the fiscal impact of the proposed initiative. Real parties must start their attempt to
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qualify its measure at the same place all measures start under the Elections Code.
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PARTIES
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Petitioner, ANNE MARIE SCHUBERT, is a citizen of the State of California and
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a registered voter and taxpayer in Sacramento County. Ms. Shubert is the elected District
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Attorney of the County of Sacramento. Ms. Shubert brings this action in her personal capacity
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only.
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Petitioner CALIFORNIA DISTRICT ATTORNEYS ASSOCIATION is an
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incorporated nonprofit association recognized as a mutual benefit corporation by the State of
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California and recognized as an IRC 501(c)(6) nonprofit association by the Internal Revenue
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Service. Petitioner CALIFORNIA DISTRICT ATTORNEYS ASSOCIATION is domiciled in
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California and maintains its headquarters in Sacramento.
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Respondent KAMALA HARRIS is the ATTORNEY GENERAL of California.
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The Elections Code directs the Attorney General to accept new ballot initiative measures and
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reasonable germane amendments thereto, and thereafter prepare a circulation title and summary
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(not to exceed 100 words) describing the purpose and effect of each ballot measure. (Elec. Code,
9006.) The circulation title and summary is displayed on each section of a signature petition
circulated by initiative proponents. The Attorney General is named in her official capacity only.
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Real Party In Interest MARGARET R. PRINZING is a named proponent of the
Public Safety and Rehabilitation Act of 2016. On information and belief, Real Party In Interest is
a registered voter and resident of the State of California.
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Real Party In Interest HARRY BEREZIN is a named proponent of the Public
Safety and Rehabilitation Act of 2016. On information and belief, Real Party In Interest is a
registered voter and resident of the State of California.
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The true identities and capacities of Respondents DOES I through X are unknown
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to Petitioners at this time. When their identities and capacities have been ascertained, Petitioners
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will seek leave to amend this pleading to set forth that information.
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JURISDICTION AND VENUE
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20.
Petitioners bring this action as a petition for writ of mandate pursuant to Elections
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Code section 13314 and Code of Civil Procedure sections 1085 and 1086. Section 13314
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provides that petitioners who are electors of the State may seek a writ of mandate for any error in
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neglect of official duty that has occurred or is about to occur. Such an action has priority over all
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other civil matters.
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prohibition/mandate to restrain respondents from taking any official action violation of law.
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Pursuant to Elections Code section 13314, the exclusive venue for this action is Sacramento
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County. (Elec. Code, 13314(b)(3).)
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21.
Sections 1085 and 1086 provide that petitioners may seek a writ of
Code of Civil Procedure section 1086 provides that when a verified petition is
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submitted by a party beneficially interested, a writ must issue where there is not a plain,
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adequate speedy remedy in the ordinary course of law. Petitioners are registered voters of the
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State of California and are beneficially interested in this matter.
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Petitioner is informed and believes, and on that basis alleges, that issuance of a
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writ requested herein will not interfere with the conduct of any election.
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FACTUAL ALLEGATIONS
On December 22, 2015, Real Parties In Interest submitted the The Justice and
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Rehabilitation Act to the Attorney Generals Office pursuant to Elections Code section 9001
requesting a circulating title and summary. Under section 9002, all proposed statewide initiative
measures are posted by the Attorney Generals Office for public review for a period of 30 days.
The intention of the 30-day public review period is to give members of the public an opportunity
to comment on proposed measures.
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When it was filed in December, The Justice and Rehabilitation Act was
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designated by the Attorney General as measure number 15-0121. (See Exhibit A hereto and
incorporated herein by this reference.)
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The initial version of the initiative measure primarily sought to eliminate a
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prosecutors discretion to directly file a case involving a juvenile in adult court and eliminated all
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presumptions that serious/violent offenders are unfit to be prosecuted in juvenile court. These
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statutory laws were a significant part of Proposition 21, enacted by the voters in 2000.
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However, on January 25, 2016 after the close of the public review period Real
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Parties In Interest filed a purported amendment to initiative number 15-0121. This time the
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measure was titled the Public Safety and Rehabilitation Act of 2016. (See Exhibit B hereto
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and incorporated herein by this reference.)
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More than just a change in name, however, the new measure changed entirely the
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purpose and intent of the prior measure. Now, instead of focusing on whether to charge juveniles
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as adults at the outset of a criminal action, the new language, proposing a Constitutional
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amendment, effectively repeals nearly 40 years of determinant sentencing law, and authorizes
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parole hearings for an estimated 30,000 - 40,000 felons serving their sentences in state prison.
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For example:
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The new Constitutional language in the measure now permits adult inmates
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sentenced to non-violent felony offenses to be eligible for parole consideration
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after completion of only the term of their primary offense.
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The new proposed measure also now effectively repeals Proposition 8, the
Victims Bill of Rights, enacted by the voters in June 1982.
amended the Constitution to provide, Any prior felony conviction of any person
in any criminal proceeding ... shall subsequently be used without limitation for
purposes of ... enhancement of sentence in any criminal proceeding. (Cal. Const.,
art. I, 28(f)), renumbered by Prop. 9 in 2008 as art. I, 28(f)(4).) The proposed
initiative also will exclude prior convictions in making prisoners eligible for parole
consideration.
increased for these enhancements will be eligible for parole at the same time as
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Proposition 8
In other words, criminal defendants whose sentences were
defendants who do not have any enhancements.
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The new language in the measure now calls for excluding consecutive sentences
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from the full term of the primary offense for adult felons. Adult felons who
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commit multiple crimes against multiple victims will be eligible for early release
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at the same time as inmates who commit only one crime against one victim.
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Under the newly amended language alternative sentences involving increased
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punishment like the Three Strikes law will now be excluded from the full term of
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the primary offense for many offenders. Thus, repeat serious and violent offenders
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will now be eligible for early release at the same time as inmates who have no
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criminal histories.
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The proposed amended initiative will now give the California Department of
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Corrections and Rehabilitation (CDCR) unilateral and unlimited authority to award
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credits to all inmates, regardless of their charges or sentences, for good behavior
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and approved rehabilitative or educational achievements.
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currently provides that most prisoners serve only 50 percent of their sentences.
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The Penal Code
The proposed amended measure now also effectively repeals Marsys Law
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(Proposition 9), the Victims Bill of Rights Act of 2008. Marsys Law amended
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the California Constitution, to provide:
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Truth in Sentencing. Sentences that are individually imposed upon

convicted criminal wrongdoers based upon the facts and
circumstances surrounding their cases shall be carried out in
compliance with the courts sentencing orders, and shall not be
substantially diminished by early release policies intended to
alleviate overcrowding in custodial facilities. The legislative
branch shall ensure sufficient funding to adequately house inmates
for the full terms of their sentences, except for statutorily
authorized credits which reduce those sentences.
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(Cal. Const., art. I, 28(f)(5), emphasis added.)
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Thus, the newly amended measure does exactly what the voters prohibited in Marsys
Law. It enacts early release policies intended to alleviate prison overcrowding.
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The newly amended initiative language also essentially repeals Proposition 184,
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the Three-Strikes law. Because the amended language appears to treat two strikes
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and three strikes as alternative sentences, and allow parole consideration after
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service of the new crime without respect to the prior convictions, it will conflict
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with, and essentially repeal, Proposition 184 which was passed in 1994.
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The new initiative language also effectively repeals the so-called 10-20-Life
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law.
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passed by the legislature in 1997 to combat gun violence. The 10-20-Life law
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mandates enhancements in certain serious offenses of 10 years for the use of a gun,
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20 years for the intentional discharge of a gun, and life for the discharge of a gun
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that results in death or great bodily injury. However, because the newly amended
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initiative excludes consideration of enhancements in determining parole
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consideration, if a firearm allegation is not used to make an offense a violent
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offense, the 10-20-Life enhancement will be disregarded.
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Penal Code section 12022.53, the 10-20-Life law was overwhelmingly
The new language is for all intents and purposes a new proposed measure
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unlawfully camouflaged as an amendment to an existing measure. The new version of the
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initiative fails to meet the standard for amendments under law that requires any amendment to a
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previously-filed measure to be reasonably germane to the theme, purpose, or subject of the
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initiative measure as it was originally proposed. (Elec. Code, 9002(b) (emphasis added).)
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30.
As further indication that the purported amendment exceeded the statutory
authority to amend a filed ballot measure, the LAO missed its own deadline to issue a fiscal
analysis, undoubtedly because of the sweeping and fundamental changes to the initially-filed
measure. Elections Code section 9004 requires the LAO to issue its analysis within 50 days after
the initial filing of the proposed initiative measure. The 50-day LAO deadline was Wednesday,
February 10, 2016.
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This Court should order Respondent ATTORNEY GENERAL to reject the
January 25, 2016 amendment to the measure as unlawful and not permitted by statute.
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Moreover, unless prohibited from doing so, Respondent ATTORNEY GENERAL
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will issue within approximately the next 15 days the circulation title and summary to the
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proponents of the illegally amended measure number 15-0121. This will allow the proponents of
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the measure to circulate an unlawfully authorized initiative that has not completed the statutory
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requirement to which all new initiative measures must adhere. Petitioners are thus compelled to
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file the present Verified Petition for Writ of Mandate.
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FIRST CAUSE OF ACTION
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(Writ of Mandate: Prohibiting Officials Error And Neglect Of Duty)
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33.
Petitioner incorporates by reference each and every allegation made in Paragraphs
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1 through 32 of this Petition as though fully set forth herein.
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34.
Elections Code section 9002(b) provides in part:
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During the public review period, the proponents of the proposed
initiative measure may submit amendments to the measure that are
reasonably germane to the theme, purpose, or subject of the
initiative measure as originally proposed.
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35.
Elections Code section 9002 was amended to its present form in 2014 by Senate
Bill 1253 (Steinberg, et al.). In considering the measure, the State Senate distributed an analysis
of the bill that clearly summarized the legislative intent of the law:
According to the author: The current 150 days to gather
signature does not provide enough time for public input or changes
to the initiative language. This bill extends the time allowed to
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gather signatures and establishes a prequalification process. The

prequalification process includes the ability to amend an initiative
before it appears on the ballot as long as the changes are
consistent with the original intent. Presently, there is not a
sufficient review process of initiatives by the public or the
Legislature where either is able to provide greater input and
suggest amendments or correct flaws before the measure is printed
on the ballot. Implementing a better public review process before
the title and summary process by the AG and allowing the
Legislature to hold a hearing after 25% of signatures are collected
helps address this deficiency. ***
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(California Bill Analysis, Senate Floor, 2013-2014 Regular Session, Senate Bill 1253
(emphasis added) (see Exhibit C hereto and incorporated herein by this reference).)
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Instead of accepting Real Parties In Interests purported amendment, Respondent
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ATTORNEY GENERALs should have rejected the amendment as not reasonably germane to
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the theme, purpose, or subject of the initiative measure as originally proposed.
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Petitioners have a clear, present and substantial right to have Respondent
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ATTORNEY GENERAL reject the amended measure on the basis that the amendments failed to
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comply with applicable law.
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38.
Petitioners have no plain, speedy, and adequate remedy in the ordinary course of
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law other than the relief sought in this Petition because, unless ordered to reject the purported
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January 25, 2016 amendment of them measure, Respondent will continue to process the new
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language measure as a valid amendment. Respondents acceptance of the amendment will cause
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injury, not only to Petitioners, but also to the other qualified voters in the State who will not have a
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meaningful opportunity to participate in the public comment period afforded to for all new
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measures and who will be compelled to consider an measure that is invalid on the basis that it has
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not complied with the statuary formalities all new measures must complete before being
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circulated.
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39.
Petitioners are, thus, compelled to file the present Writ of Mandate as provided in
Elections Code section 13314 and related provisions enumerated herein.
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SECOND CAUSE OF ACTION
(Writ of Mandate: Prohibiting Officials Error And Neglect Of Duty)
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40.
Petitioner incorporates by reference each and every allegation made in Paragraphs
1 through 39 of this Petition as though fully set forth herein.
41.
Petitioners also have a clear, present and substantial right to have Respondent
prohibited from issuing a circulation title and summary for the amended measure on the basis that
the amendments failed to comply with applicable law.
42.
Petitioners have no plain, speedy, and adequate remedy in the ordinary course of
law other than the relief sought in this Petition because, unless prohibited from doing so,
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Respondent will issue said circulation title and summary, thus allowing Real Parties In Interest /
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proponents to commence circulating the improperly authorized measure. This action will cause
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injury, not only to Petitioners, but also to the other qualified voters of California who will not have
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had a meaningful opportunity to participate in the public comment period afforded to for all new
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measures and who will be compelled to consider an measure that is invalid on the basis that it has
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not complied with the statuary formalities all new measures must complete before being
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circulated.
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Petitioners are, thus, compelled to file the present Writ of Mandate as provided in
Elections Code section 13314 and related provisions enumerated herein.
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PRAYER FOR RELIEF
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WHEREFORE,
Petitioners,
ANNE
MARIE
SCHUBERT
and
CALIFORNIA
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DISTRICT ATTORNEYS ASSOCIATION pray:
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1.
For an alternative Writ of Mandate ordering Respondent Attorney General Harris,
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her officers, agents, and all persons acting by, through or in concert with her to forthwith reject
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Real Parties January 25, 2016 submission as an amendment to Measure No. 15-0121, or in the
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alternative, to show cause why she should not be ordered to do so;
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2.
For a peremptory Writ of Mandate ordering Respondent Attorney General Harris,
her officers, agents, and all persons acting by, through or in concert with her to forthwith reject
real parties January 25, 2016 amendment to Measure No. 15-0121;
3.
For an alternative Writ of Mandate prohibiting Respondent Attorney General
Harris, her officers, agents, and all persons acting by, through or in concert with her from issuing
the circulation title and summary for Measure No. 15-0121 as amended by the purported January
25, 2016 amendment on or before February 25, 2016, to allow for a public review period, and for
a full period of time for the LAO to conduct its analysis or in the alternative, to show cause why
she should not be ordered to do so;
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4.
For a peremptory Writ of Mandate prohibiting Respondent Attorney General
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Harris, her officers, agents, and all persons acting by, through or in concert with her from issuing
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the circulation title and summary for Measure No. 15-0121 as amended by Real Parties In
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Interests purported January 25, 2016 amendment on or before February 25, 2016 to allow for a
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public review period, and for a full period of time for the LAO to conduct its analysis;
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5.
For attorneys fees and costs of this proceeding; and
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6.
For such other and further equitable relief as this Court may deem just and proper.
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DATED: February 11, 2016.
Respectfully submitted.
BELL, McANDREWS & HILTACHK, LLP
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BY:__________________________________
THOMAS W. HILTACHK
BRIAN T. HILDRETH
Attorneys for Petitioners,
ASSOCIATION and ANNE MARIE SCHUBERT
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EXHIBIT A
EXHIBIT A
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REM CHO, JOHANSEN & PURCELL, LLP

ATTORNEYS AT LAW
201DOLORESAVENUE
SAN LEANDRO, CA 94577
PHONE: (510) 346-6200
FAX: (510) 346-6201
EMAIL: [email protected]
WEBSITE: www.rjp.com
Robin B. Johansen
James C. Harrison
Thomas A. Willis
Karen Getman
Margaret R. Prinzing
Andrew Harris Werbrock
Harry A. Berezin
Juan Carlos Ibarra
SACRAMENTO PHONE: (916) 264-1818
Joseph Remcho (1944-2003)

Kathleen J. Purcell (Ret.)
December 21, 2015

VIA MESSENGER
EIVEo
Office of the Attorney General

1300 "I" Street, 17th Floor
Sacramento, CA 95814
DEC 22 2015
INITIATIVE COORDINATOR
ATTORNEY GENERAL'S OFFICE
Attention: Ashley Johansson, Initiative Coordinator

Re:
The Justice and Rehabilitation Act
Dear Ms. Johansson:

In accordance with the requirements of Elections Code section 9001(a), I request that
the Attorney General prepare a circulating title and summary of the chief purpose and points of the
initiative measure entitled the "The Justice and Rehabilitation Act." The text of the measure, a
check for $200.00, and the certifications required by Elections Code sections 9001 and 9608 are
enclosed.
Please direct all correspondence and inquiries regarding this measure to:
Smart on Crime
c/o James C. Harrison
Harry A. Berezin
Remcho, Johansen & Purcell, LLP
201 Dolores Avenue
San Leandro, CA 94577
Phone: (510) 346-6200
Fax: (510) 346-6201
Sincerely,
Enclosure
REMCHO, JOHANSEN & PURCELL, LLP

ATTORNEYS AT LAW
201DOLORESAVENUE
PHONE: (510) 346-6200
FAX: (510) 346-6201
Robin B. Johansen
James C. Harrison
Thomas A. Willis
Karen Getman
Harry A. Berezin
Juan Carlos Ibarra

December 21, 2015
VIA MESSENGER
13 00 "I" Street, 17th Floor
Re:
The Justice and Rehabilitation Act
Dear Ms. Johansson:

In accordance with the requirements of Elections Code section 9001(a), I request that
the Attorney General prepare a circulating title and summary of the chief purpose and points of the
initiative measure entitled the "The Justice and Rehabilitation Act." The text of the measure, a
check for $200.00, and the certifications required by Elections Code sections 9001 and 9608 are
enclosed.
Please direct all correspondence and inquiries regarding this measure to:
Smart on Crime
Harry A. Berezin
201 Dolores A venue
Phone: (510) 346-6200
Fax: (510) 346-6201
Sincerely,
/:6=2-::S~-;:,Harry A. Berezin
Enclosure
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THE JUSTICE AND REHABILITATION ACT
SECTION 1. Title.
This measure shall be known and may be cited as "The Justice and Rehabilitation Act."
SEC. 2. Findings and Declarations.
The people of the State of California find and declare:

1. The People enact the Justice and Rehabilitation Act to ensure that California's juvenile and
criminal justice systems effectively stop repeat offending and improve public safety.
2. Evidence shows that young people sent into the adult criminal justice system are more likely
to keep committing crimes compared to young people who are rehabilitated in the juvenile
justice system.
3. Evidence shows that rehabilitating youthful offenders, instead of warehousing them, improves
public safety and reduces recidivism.
4. Evidence shows that authorizing judges and parole boards to consider release of individuals
that have become rehabilitated reduces waste and incentivizes rehabilitation.
5. This measure will reduce costs - and make us safer at the same time. It reduces extreme
sentences that fail to rehabilitate and focuses on rehabilitating youth and young adult offenders
so they can go on to become law-abiding and productive members of our communities.
6. This Act ensures that people who are dangerous to the public remain incarcerated and that
sentences for people convicted of murder or rape are not changed.
SEC. 3. Purpose and Intent.
In enacting this Act, it is the purpose and intent of the people of the State of California to:
1. Ensure that California's juvenile and criminal justice system resources are used wisely to
rehabilitate and protect public safety.
2. Require judges to sentence youth offenders to the facilities or programs that will rehabilitate
them, instead of make them more likely to commit crimes.
3. Require juvenile court rehabilitation sentences for youth offenders under 16.
4. Authorize parole consideration for individuals who were under 23 at the time of their
conviction and have been rehabilitated, to incentivize rehabilitation and reduce prison waste.
5. Authorize the sealing of criminal records for convictions before age 21 if the person has been
rehabilitated, except for murder or rape convictions.
6. Reduce costs and waste in the justice system by prioritizing rehabilitation and reducing
recidivism.
SEC. 4. Judicial Transfer Process.

Sections 602, 707, and 731 of the Welfare and Institutions Code are hereby amended.
Section 602 of the Welfare and Institutions Code is amended to read:
602. (a) Except as provided in subdivision (b), any person who is under 18 years of age when he
or she violates any law of this state or of the United States or any ordinance of any city or county
of this state defining crime other than an ordinance establishing a curfew based solely on age, is
within the jurisdiction of the juvenile court, which may adjudge such person to be a ward of the
court.
(b) Any person who is alleged, when he or she was -14 16 years of age or older, to have
committed one of the following offenses shall may be prosecuted under the general law in a
court of criminal jurisdiction if the juvenile court orders the minor transferred for adult criminal
prosecution after a transfer hearing described in Section 707:
(1) Murder, as described in Section 187 of the Penal Code, if one of the circumstances
enumerated in subdivision (a) of Section 190.2 of the Penal Code is alleged by the prosecutor,
and the prosecutor alleges that the minor personally killed the victim.
(2) The following sex offenses, if the prosecutor alleges that the minor personally committed the
offense,;_, and if the prosecutor alleges one of the circumstances enumerated in the One Strike
lmv, subdivision (d) or (e) of Section 667.61 of the Penal Code, applies:
(A) Rape, as described in paragraph (2) of subdivision (a) of Section 261 of the Penal Code.
(B) Spousal rape, as described in paragraph (1) of subdivision (a) of Section 262 of the Penal
Code.
(C) Forcible sex offenses in concert with another, as described in Section 264.1 of the Penal
Code.
(D) Forcible lewd and lascivious acts on a child under 14 years of age, as described in
subdivision (b) of Section 288 of the Penal Code.
(E) Forcible sexual penetration, as described in subdivision (a) of Section 289 of the Penal Code.
(F) Sodomy or oral copulation in violation of Section 286 or 288a of the Penal Code, by force,
violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or
another person.
(G) Le.vd and lascivious acts on a child under 14 years of age, as defined in subdivision (a) of
Section 288, unless the defendant qualifies for probation under subdivision (d) of Section
1203.066 of the Penal Code.
2
(3) Kidnapping for ransom or purposes ofrobbery or sexual assault. with bodily harm. or in
order to facilitate the commission of a carjacking, as described in Section 209.5 of the Penal
Code. if the prosecutor alleges that the minor personally committed the offense.
(4) Torture, as described in Section 206 of the Penal Code. if the prosecutor alleges that the
minor personally committed the offense.
707. (a)fB In any case in which a minor person is alleged to be a person described in subdivision
(a) of Seetion 602 by reason of the violation, have committed one of the offenses listed in
Section 602(b) when he or she was 16 or 17 years of age or older, of any criminal statute or
ordinance except those listed in subdivision (b), the District Attorney may make a motion to
transfer the minor from juvenile court to a court of criminal jurisdiction to be prosecuted under
the general law. ~The motion of the petitioner must be made prior to the attachment of
jeopardy,. Upon such motion, the juvenile court shall eal:tSe order the probation officer
department to investigate and submit a report on the behavioral patterns and social minor's
history,. the minor and family's strengths and needs, and community support that promotes youth
development. of the minor being considered for a determination of unfitness. The report shall
include any written or oral statement offered by the victim pursuant to subdivision (b) of Section
656.2 of the Penal Code. Follovling submission and consideration of the report, and of any other
relevant evidence that the petitioner or the minor may vrish to submit, the jm,renile court may find
that the minor is not a fit and proper subject to be dealt vlith under the jw1enile court law if it
concludes that the minor .-vould not be amenable to the care, treatment, and training program
available through the facilities of the jw1enile court, based upon an evaluation of the criteria
specified in clause (i) of subparagraphs (A) to (E), inclusive:
(b)(l) Prior to the transfer hearing and upon motion of the minor. the court shall make a
determination whether there is sufficient probable cause that the minor committed the offenses
alleged in the transfer motion. The determination may, consistent with subdivision (b) of Section
872 of the Penal Code. be based in whole or in part upon on the sworn testimony of a law
enforcement officer and evidence or witnesses offered by the parties. The parties have the right
to present and cross examine witnesses.
(2) If the court finds that probable cause has not been established for offenses and enhancements
alleged in the transfer motion it shall dismiss the transfer motion and set the matter for a preplea hearing. If the court finds that probable cause has been established. it shall set the matter for
a transfer hearing to determine whether the minor should be transferred from the juvenile court
to a court of criminal jurisdiction.
(c)(l) At the hearing the court shall consider any relevant evidence that the petitioner or the
minor may wish to submit and the report submitted by the probation department.
(2) Any victims' statements in the probation report shall be considered by the court to the extent
they are relevant to the court's determination of transfer.
(3) The court shall consider and give great weight to the fundamental developmental differences
between young people and fully matured adults; the diminished culpability of young people; and
the fact that young people continue to mature well into adulthood and have the capacity to
mature and grow with proper rehabilitative services.
(4) In addition to considering the factors set forth in paragraphs (1) through (3) of subdivision (c)
above. the juvenile court's evaluation of whether the minor should be transferred to a court of
criminal jurisdiction shall include consideration of the following criteria:
(A)(i) The degree of criminal sophistication e~{hibited by the minor. Whether juvenile court
jurisdiction would be more likely to result in the minor's rehabilitation. The juvenile court shall
consider any relevant factor, including but not limited to the amenability of the minor to the care
and treatment of juvenile court. the impact juvenile court and community resources could have
on the minor, and the minor's potential to grow and change.
(ii) Vlhen e1aluating the criterion specified in clause (i), the juvenile court may give .Yeight to
any relevant factor, including, but not limited to, the minor's age, maturity, intellectual capacity,
and physical, mental, and emotional health at the time of the alleged offense, the minor's
impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of
familial, adult, or peer pressure on the minor's actions, and the effect of the minor's family and
community environment and childhood trauma on the minor's criminal sophistication.
1
(B)(i) \Vhether the minor can be rehabilitated prior to the eKpiration of the juvenile court's
jurisdiction.
(ii) When evaluating the criterion specified in clause (i), the juyenile court may give weight to
any relevant factor, including, but not limited to, the minor's potential to grov1 and mat-ure;.
(G)W(B) The minor's previous delinquent history.
W When evaluating the criterion specified in clause (i), the The juvenile court may giw
.veight
te shall consider any relevant factor, including, but not limited to, the seriousness of the minor's
previous delinquent juvenile court history and the effect of the minor's family and community
environment.. and childhood any exposure to trauma, on the minor's previous delinquent
behavior.
1
(D)(i) Success of previous attempts by the juvenile court to rehabilitate the minor.
(ii) \Vhen evaluating the criterion specified in clause (i), the juvenile court may give .veight to
any relevant factor, including, but not limited to, and the adequacy and appropriateness of the
services previously provided to address the minor's needs.
1
~.(Q The circumstances and gravity of the offense alleged in the petition to have been
committed by the minor.
(ii) When e1aluating the criterion specified in clause (i), theThe juvenile court may give v,reight
te shall consider the circumstances of this incident and consider any relevant factor, including
but not limited to, the actual behavior of the person minor, the mental state of the person minor,
the person's minor's degree of involvement in the crime, and the level of harm actually
personally caused by the person minor., and the person's mental and emotional development.
4
(D) The minor's mental and emotional development and maturity.

The juvenile court shall consider any relevant factor, including but not limited to, the minor's
age, maturity, intellectual capacity, mental, and emotional health at the time of the alleged
offense, the minor's impetuosity or failure to appreciate risks and consequences of criminal
behavior, the effect of familial, adult, or peer pressure on the minor's actions, and the effect of
the minor's family and community environment and childhood trauma on the minor's behavior.
A determination that the minor is not a fit and proper subjeet to be dealt 1.vith under the juvenile
court lav, may be based on any one or a combination of the factors set forth above in clause (i) of
subpamgraphs (i\) to (E), inclusive, which shall be recited in the order of unfitness.
(d) Juvenile court shall be presumed to be the appropriate jurisdiction for a person who was
under the age of 18 at the time he or she is alleged to have committed the offense subject to
transfer. If the court finds by clear and convincing evidence that the totality of the circumstances
demonstrates that the minor would not be better served by the care and treatment available
through juvenile court, the court shall order the minor transferred from the juvenile court to a
court of criminal jurisdiction. If the court orders transfer, the court shall recite the basis for its
decision and set forth the reasons in an order entered upon the minutes.
W In any case in which a hearing has been noticed pursuant to this section, the court shall
postpone the taking of a plea to the petition until the conclusion of the fitness hearing, and no
plea that may have been entered already shall constitute evidence at the hearing.
(2)(A) This paragraph shall apply to a minor alleged to be a person described in Section 602 by
reason of the Yiolation, when he or she has attained 16 years of age, of any felony offense 1tvhen
the minor has been declared to be a .vard of the court pursuant to Section 602 on one or more
prior occasions if both of the follovnng apply:
1
(i) The minor has previously been found to have committed ti.v-0 or more felony offenses.
(ii) The offenses upon 1.vhich the prior petition or petitions 1.vere based v,rere committed 1;vhen the
minor had attained 14 years of age.
(B) Upon motion of the petitioner made prior to the attachment ofjeopardy the court shall cause
the probation officer to investigate and submit a report on the beha11ioral patterns and social
history of the minor being considered for a determination of unfitness. Follovling submission and
consideration of the report, and of any other rele11ant e11idence that the petitioner or the minor
may vnsh to submit, the minor shall be presumed to be not a fit and proper subject to be dealt
vnth under the juvenile court law unless the juyenile court concludes, based upon evidence,
which e11idence may be of extenuating or mitigating circumstances, that the minor would be
amenable to the care, treatment, and training program available through the facilities of the
juYenile court based upon an evaluation of the criteria specified in subclause (I) of clauses (i) to
(v), inclusive:
(i)(I) The degree of criminal sophistication exhibited by the minor.
(II) When e>1aluating the criterion specified in subclause (I), the juvenile court may give vreight
to any relevant factor, including, but not limited to, the minor's age, maturity, intellectual
capacity, and physical, mental,and emotional health at the time of the alleged offense, the
minor's impetuosity or failure to appreciate risks and consequences of criminal behavior, the
effect of familial, adult, or peer pressure on the minor's actions, and the effect of the minor's
family and community ewfironment and childhood trauma on the minor's criminal
sophistication.
(ii)(I) Whether the minor can be rehabilitated prior to the expiration of the juvenile court's
jurisdiction.
(II) Vlhen evaluating the criterion specified in subclause (I), the juvenile court may give v1eight
to any relevant factor, including, but not limited to, the minor's potential to grm.v and mature.
(iii)(I) The minor's previous delinquent history.
(II) When evaluating the criterion specified in subclause (I), the juvenile court may give weight
to any relevant factor, including, but not limited to, the seriousness of the minor's previous
delinquent history and the effect of the minor's family and community ewfironment and
childhood trauma on the minor's previous delinquent behavior.
(iv)(I) Success of previous attempts by the juvenile court to rehabilitate the minor.
(II) ',Vhen evaluating the criterion specified in subclause (I), the juvenile court may give vreight
to any relevant factor, including, but not limited to, the adequacy of the services previously
provided to address the minor's needs.
(v)(I) The circumstances and gravity of the offense alleged in the petition to have been
to any relevant factor, including, but not limited to, the actual behavior of the person, the mental
state of the person, the person's degree of iw1olvement in the crime, the level of harm actually
caused by the person, and the person's mental and emotional development.
A determination that the minor is a fit and proper subject to be dealt v.ith under the juvenile court
law shall be based on a finding of amenability after consideration of the criteria set forth in
subclause (I) of clauses (i) to (v), inclusive, and findings therefore recited in the order as to each
of the those criteria that the minor is fit and proper under each and every one of those criteria. In
making a finding of fitness, the court may consider extenuating and mitigating circumstances in
evaluating each of those criteria. In any case in v,rhich the hearing has been noticed pursuant to
this section, the court shall postpone the taking of a plea to the petition until the conclusion of the
fitness hearing and no plea that may have been entered already shall constitute evidence at the
hearing. If the minor is found to be a fit and proper subject to be dealt with under the juvenile
court law pursuant to this subdivision, the minor shall be committed to placement in a juvenile
hall, ranch camp, forestry camp, boot camp, or secure jw1enile home pursuant to Section 730, or
in any institution operated by the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities.
6
(3) If, pursuant to this subdivision, the minor is found to be not a fit and prnper subject for
juvenile eol:H't treatment and is tried in a court of criminal jurisdiction and found guilty by the
trier of fact, the judge may commit the minor to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to the state prison,
unless the limitations specified in Section 1732.6 apply.
(b) Subdivision (e) shall be applicable in any ease in which a minor is alleged to be a person
described in Section 602 by reason of the violation of one of the following offenses:
(1) Murder.
(2) Arson, as prnvided in subdivision (a) or (b) of Section 451 of the Penal Code.
(3) Robbery.
(4) R11pe vlith force, violence, or threat of great bodily harm.
(5) Sodomy by force, violence, duress, menace, or threat of great bodily harm.
(6) A lewd or lascivious act as provided in subdiYision (b) of Section 288 of the Penal Code.
(7) Oral copulation by force, Yiolenee, duress, menace, or threat of great bodily harm.
(8) An offense specified in subdiYision (a) of Section 289 of the Penal Code.
(9) Kidnapping for ransom.
(10) Kidnapping for purposes ofrobbery.
(11) Kidnapping vlith bodily harm.
(12) Attempted murder.
(13) Assault vlith a firearm or destrucfr;e deYiee.
(14) Assault by any means of force likely to produce great bodily injury.
(15) Discharge of a firearm into an inhabited or occupied building.
(16) An offense described in Section 1203.09 of the Penal Code.
(17) An offense described in Section 12022.5 or 12022.53 of the Penal Code.
(18) A felony offense in 1tYhieh the minor personally used a v;:eapon described in any provision
listed in Section 16590 of the Penal Code.
(19) A felony offense described in Section 136.l or 137 of the Penal Code.
(20) Manufacturing, compounding, or selling one half ounce or more of a salt or solution of a
controlled substance specified in subdivision (e) of Section 11055 of the Health and Safety Code.
(21) A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, vihich
also .vould constitute a felony violation of subdivision (b) of Section 186.22 of the Penal Code.
(22) Escape, by the use of force or violence, from a county juvenile hall, home, ranch, camp, or
forestry camp in violation of subdivision (b) of Section 871 if great bodily injury is intentionally
inflicted upon an employee of the juvenile facility during the commission of the escape.
(23) Torture as described in Sections 206 and 206.1 of the Penal Code.
(24) Aggravated mayhem, as described in Section 205 of the Penal Code.
(25) Carjacking, as described in Section 215 of the Penal Code, while armed v1ith a dangerous or
deadly .veapon.
(26) Kidnapping for purposes of sexual assault, as punishable in subdivision (b) of Section 209
of the Penal Code.
(27) Kidnapping as punishable in Section 209.5 of the Penal Code.
(28) The offense described in subdivision (c) of Section 26100 of the Penal Code.
(29) The offense described in Section 18745 of the Penal Code.
(30) VolUl.l{ary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code.
(c) Vlith regard to a minor alleged to be a person described in Section 602 by reason of the
violation, .vhen he or she .vas 14 years of age or older, of any of the offenses listed in
subdivision (b), upon motion of the petitioner made prior to the attachment ofjeopardy the court
shall cause the probation officer to investigate and submit a report on the behavioral patterns and
social history of the minor being considered for a determination of unfitness. Follmving
submission and consideration of the report, and of any other relevant evidence that the petitioner
or the minor may wish to submit, the minor shall be presumed to be not a fit and proper subject
to be dealt .vith under the juvenile court lav,r unless the jm,enile court concludes, based upon
evidence, which evidence may be of extenuating or mitigating circumstances, that the minor
vr0uld be amenable to the care, treatment, and training program available through the facilities of
the juvenile court based upon an evaluation of each of the follovt'ing criteria specified in
subparagraph (A) of paragraphs (1) to (5), inclusive:
(l)(A.) The degree of criminal sophistication exhibited by the minor.
(B) When evaluating the criterion specified in subparagraph (A.), the juvenile court may give
weight to any relevant factor, including, but not limited to, the minor's age, maturity, intellectual
capacity, and physical, mental, and emotional health at the time of the alleged offense, the
family and eommunity environment and ehildhood trauma on the minor's eriminal
sophistication.
(2)(A) :whether the minor can be rehabilitated prior to the expiration of the juvenile eourt's
jurisdiction.
(B) When evaluating the criterion specified in subparagraph (A), the juvenile court may give
,veight to any relevant factor, ineluding, but not limited to, the minor's potential to grmv and
mature.
(3)(A) The minor's previous delinquent history.
(B) :when evaluating the criterion specified in subparagraph (A), the juvenile court may give
1t1treight to any relevant factor, including, but not limited to, the seriousness of the minor's
previous delinquent history and the effect of the minor's family and community environment and
(4)(A) Success of previous attempts by the juvenile court to rehabilitate the minor.
(B) \llhen evaluating the criterion specified in subparagraph (,'\), the juvenile court may give
.veight to any relevant factor, including, but not limited to, the adequacy of the services
previously provided to address the minor's needs.
(5)(A) The eircumstances and gravity of the offenses alleged in the petition to have been
(B) \1/hen evaluating the criterion specified in subparagraph (A), the juvenile court may give
v10ight to any relevant factor, including, but not limited to, the actual behavior of the person, the
mental state of the person, the person's degree of involvement in the crime, the level of harm
actually caused by the person, and the person's mental and emotional development.
A. determination that the minor is a fit and proper subject to be dealt vii.th under the juvenile eourt
subparagraph (,A..) of paragraphs (1) to (5), inelusive, and findings therefore recited in the order as
to each of those criteria that the minor is fit and proper under eaeh and every one of those
criteria. In making a finding of fitness, the eourt may consider extenuating or mitigating
circumstances in evaluating each of those criteria. In any case in .vhich a hearing has been
noticed pursuant to this section, the court shall postpone the taking of a plea to the petition until
the conclusion of the fitness hearing and no plea v1hich may have been entered already shall
constitute evidence at the hearing. If, pursuant to this subdivision, the minor is found to be not a
fit and proper subject for juvenile court treatment and is tried in a court of criminal jurisdiction
and found guilty by the trier of fact, the judge may commit the minor to the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to
the state prison, unless the limitations specified in Section 1732.6 apply.
(d) ( 1) EJrnept as provided in subdivision (b) of Section 602, the district attorney or other
appropriate prosecuting officer may file an accusatory pleading in a eourt of criminal jurisdiction
against any minor 16 yea-rs of age or older who is aooused of committing an offense enumerated
in subdivision (b).
(2) Except as provided in subdivision (b) of Section 602, the district attorney or other appropriate
prosecuting officer may file an aoousatory pleading against a minor 14 yea-rs of age or older in a
court of criminal jurisdiction in any ease in which any one or more of the follov.ing
oiroumstances apply:
(A) The minor is alleged to have committed an offense that if committed by an adult v,rould be
punishable by death or imprisonment in the state prison for life.
(B) The minor is alleged to have personally used a firearm during the commission or attempted
commission of a felony, as described in Section 12022.5 or 12022.53 of the Penal Code.
(C) The minor is alleged to have committed an offense listed in subdivision (b) in 1.vhich any one
or more of the follovling oirournstanoes apply:
(i) The minor has previously been found to be a person described in Section 602 by reason of the
commission of an offense listed in subdivision (b).
(ii) The offense w:as committed for the benefit of, at the direction of, or in association vii.th any
criminal street gang, as defined in subdivision (f) of Section 186 .22 of the Penal Code, v.ith the
speoifio intent to promote, further, or assist in criminal conduct by gang members.
(iii) The offense vras committed for the pUipose of intimidating or interfering v,ith any other
person's free exercise or enjoyment of a right secured to him or her by the Constitution or laws of
this state or by the Constitution or lav,rs of the United States and because of the other person's
race, color, religion, ancestry, national origin, disability, gender, or se~mal orientation, or because
the minor perceives that the other person has one or more of those charaoteristios, as described in
Title 11.6 (commencing vii.th Section 422.55) of Part 1 of the Penal Code.
(iv) The victim of the offense ,vas 65 yea-rs of age or older, or blind, deaf, quadriplegic,
paraplegic, developmentally disabled, or confined to a wheelchair, and that disability 1.vas known
or reasonably should have been known to the minor at the time of the commission of the offense.
prosecuting officer may file an accusatory pleading in a court of criminal jurisdiction against any
minor 16 yea-rs of age or older who is accused of committing one or more of the follovling
offenses, if the minor has previously been found to be a person described in Section 602 by
reason of the violation of a felony offense, 1.vhen he or she v,ras 14 years of age or older:
(A) A felony offense in 1,vhich it is alleged that the victim of the offense v,ras 65 years of age or
older, or blind, deaf, quadriplegic, pa-raplegio, de1elopmentally disabled, or confined to a
.vheelohair, and that disability was knov.n or reasonably should have been knov.n to the minor at
the time of the commission of the offense.
(B) A felony offense committed for the purposes of intimidating or interfering with any other
person's free exercise or enjoyment of a right secured to him or her by the Constitution or lmv=s of
10
this state or by the Constitution or la1t11s of the United States and because of the other person's
raee, eolor, religion, ancestry, national origin, disability, gender, or se:1mal orientation, or because
the minor perceived that the other person had one or more of those eharacteristies, as described
in Title 11.6 (eommeneing with Section 422.55) of Part 1 of the Penal Code.
(C) The offense '.Vas committed for the benefit of, at the direction of, or in association vlith any
criminal street gang as prohibited by Section 186.22 of the Penal Code.
(4) In any ease in whieh the district attorney or other appropriate prosecuting officer has filed an
aeeusatory pleading against a minor in a eourt of criminal jmisdietion pmsuant to this
subdivision, the ease shall then proceed aeeording to the laws applicable to a criminal ease. In
eonjunetion vlith the preliminary hearing as provided in Section 738 of the Penal Code, the
magistrate shall make a finding that reasonable oause exists to believe that the minor eomes
vlithin this subdivision. If reasonable eause is not established, the criminal eourt shall transfer the
ease to the juvenile eourt having jmisdietion over the matter.
(5) For an offense for '.vhieh the prosecutor may file the aoousatory pleading in a eourt of
criminal jurisdiction pursuant to this subdivision, but elects instead to file a petition in the
juvenile oourt, if the minor is subsequently found to be a person described in subdivision (a) of
Section 602, the minor shall be committed to placement in a juvenile hall, raneh eamp, forestry
eamp, boot eamp, or seeure juvenile home pmsuant to Section 730, or in any institution operated
by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(6) If, pmsuant to this subdivision, the minor is found to be not a fit and proper subject for
juvenile eourt treatment and is tried in a eourt of criminal jmisdietion and found guilty by the
trier of faet, the judge may eommit the minor to the Department of Corrections and
Rfflabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to the state prison,
(e) A report submitted by a probation officer pmsuant to this section regarding the beha11ioral
patterns and soeial history of the minor being considered for a determination of unfitness shall
inelude any ',vritten or oral statement offered by the vietim, the victim's parent or guardian if the
vietim is a minor, or if the vietim has died, the victim's next of kin, as authorized by subdivision
(b) of Section 656.2. Victims' statements shall be considered by the eourt to the e:1ctent they are
relevant to the court's determination of unfitness.
731. (a) If a minor is adjudged a ward of the court on the ground that he or she is a person
described by Section 602, the court may order any of the types of treatment referred to in
Sections 727 and 730 and, in addition, may do any of the following:
(1) Order the ward to make restitution, to pay a fine up to two hundred fifty dollars ($250) for
deposit in the county treasury if the court finds that the minor has the financial ability to pay the
fine, or to participate in uncompensated work programs.
(2) Commit the ward to a sheltered-care facility.
11
(3) Order that the ward and his or her family or guardian participate in a program of professional
counseling as arranged and directed by the probation officer as a condition of continued custody
of the ward.
(4) Commit the ward to the Department of Corrections and Rehabilitation, Division of Juvenile
Facilities, if the ward has committed an offense described in subdiYision (b) of 8eotion 707
below or in subdivision (c) of Section 290.008 of the Penal Code, and is not otherwise ineligible
for commitment to the division under Section 733.
(A) Murder.
(B) Arson. as provided in subdivision (a) or (b) of Section 451 of the Penal Code.
(C) Robbery while armed with a dangerous or deadly weapon.
(D) Rape with force, violence. or threat of great bodily harm.
(E) Sodomy by force, violence, duress. menace, or threat of great bodily harm.
(F) A lewd or lascivious act as provided in subdivision (b) of Section 288 of the Penal Code.
(G) Oral copulation by force, violence, duress, menace, or threat of great bodily harm.
(H) An offense specified in subdivision (a) of Section 289 of the Penal Code.
(I) Kidnapping for ransom.
(J) Kidnapping for pumoses of robbery.
(K) Kidnapping with bodily harm.
(L) Attempted murder.
(M) Assault with a firearm or destructive device.
(N) Assault by any means of force likely to produce great bodily injury.

(P) An offense described in Section 1203.09 of the Penal Code.
(Q) An offense described in Section 12022.5 or 12022.53 of the Penal Code.

(R) A felony offense in which the minor personally used a weapon described in any provision
(S) A felony offense described in Section 136.1 or 137 of the Penal Code.
12
(T) Manufacturing, compounding, or selling one-half ounce or more of a salt or solution of a

(U) A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, which
also would constitute a felony violation of subdivision (b) of Section 186.22 of the Penal Code.
(V) Escape, by the use of force or violence, from a county juvenile hall, home, ranch, camp, or
(W) Torture as described in Sections 206 and 206.1 of the Penal Code.
(X) Aggravated mayhem, as described in Section 205 of the Penal Code.
(Y) Carjacking, as described in Section 215 of the Penal Code, while armed with a dangerous or
deadly weapon.
(Z) Kidnapping for purposes of sexual assault, as punishable in subdivision (b) of Section 209 of
the Penal Code.
(AA) Kidnapping as punishable in Section 209.5 of the Penal Code.
(BB) The offense described in subdivision (c) of Section 26100 of the Penal Code.
(CC) The offense described in Section 18745 of the Penal Code.
(DD) Voluntary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code.
(b) The Division of Juvenile Facilities shall notify the Department of Finance when a county
recalls a ward pursuant to Section 731.1. The division shall provide the department with the date
the ward was recalled and the number of months the ward has served in a state facility. The
division shall provide this information in the format prescribed by the department and within the
timeframes established by the department.
(c) A ward committed to the Division of Juvenile Facilities may not be held in physical
confinement for a period of time in excess of the maximum period of imprisonment that could be
imposed upon an adult convicted of the offense or offenses that brought or continued the minor
under the jurisdiction of the juvenile court. A ward committed to the Division of Juvenile
Facilities also may not be held in physical confinement for a period of time in excess of the
maximum term of physical confinement set by the court based upon the facts and circumstances
of the matter or matters that brought or continued the ward under the jurisdiction of the juvenile
court, which may not exceed the maximum period of adult confinement as determined pursuant
to this section. This section does not limit the power of the Board of Parole Hearings to retain the
ward on parole status for the period permitted by Section 1769.
13
SEC. 5. Judicial Remand Hearing.

Section 1170.17 of the Penal Code is amended to read:
1170.17. (a) When a person is prosecuted for a criminal offense committed while he or she was
under 18 years of age and the prosecution was lawfully initiated in a court of criminal
jmisdiction without a prior finding that the person is not a fit and proper subject to be dealt vrith
under the juvenile court law,transferred to a court of criminal jurisdiction after a juvenile court
transfer hearing, upon subsequent conviction for any criminal offense, the person shall be subject
to the same sentence as an adult convicted of the identical offense, in accordance with
subdivision (a) of Section 1170.19, except under the circumstances described in subdivision (b),
or (c), or (d).
(b) Where the conviction is for the type of offense 1.vhich, in combination vlith the person's age
at the time the offense v1as committed, makes the person eligible for transfer to a court of
criminal jmisdiction, pmsuant to a rebuttable presumption that the person is not a fit and proper
subject to be dealt with under the juvenile court lw.:v, and the prosecution for the offense could
not lavIB1lly be initiated in a court of 6fiminal jmisdiotion, then either of the following shall
apf}if.
( 1) The person shall be subject to the same sentence as an adult convicted of the identical offense
in accordance .vith the provisions set forth in subdivision (a) of Section 1170.19, unless the
person prevails upon a motion brought pmsuant to paragraph (2).
1
(b)(l)ffi A person, other than one subject to subdivision (c), for whom prosecution was lawfully
initiated in a court of criminal jurisdiction after a juvenile court transfer hearing may bring a
motion for a disposition pursuant to juvenile court law following conviction by trial. Upon a
motion brought by the person, the court shall order the probation department to prepare a written
social study and recommendation concerning the person's fitness potential for rehabilitation if
sentenced to be dealt v,rith under the juvenile court law and the court shall either conduct a fitness
hearing in which it considers the factors enumerated in Section 707. The court shall impose a
criminal sentence unless the person demonstrates by a preponderance of the evidence that a
disposition under juvenile court law will best address the rehabilitative needs of the person and
protect the community. or suspend proceedings and remand the matter to the juwnile court to
prepare a social study and make a determination of fitness. The person shall receive a
disposition under the juvenile court law only if the person demonstrates, by a preponderance of
the evidence, that he or she is a fit and proper subject to be dealt vrith under juvenile court lw.v,
based on each of the following five criteria:
(A) The degree of criminal sophistication e:x:hibited by the person. This may include, but is not
limited to, giving 'tveight to the person's age, maturity, intellectual capacity, and physical,
mental, and emotional health at the time of the offense, the person's impetuosity or failrae to
appreciate risks and consequences of criminal behavior; the effect of familial, adult, or peer
pressme on the person's actions, and the effect of the person's family and community
environment and childhood trauma on the person's criminal sophistication.
14
(B) V/hether the person can be rehabilitated prior to the e*Piration of the juvenile court's
jurisdiction. This may include, but is not limited to, giving 'tV'eight to the minor's potential to
grmv and mature.
(C) The person's previous delinquent history. This may include, but is not limited to, giving
weight to the seriousness of the person's previous delinquent history and the effect of the
person's family and community environment and childhood trauma on the person's previous
delinquent behavior.
(D) Success of previous attempts by the juvenile court to rehabilitate the person. This may
include, but is not limited to, giving weight to an analysis of the adequacy of the services
previously provided to address the person's needs.
(E) The circumstances and gravity of the offense for which the person has been convicted. This
may include, but is not limited to, giving weight to the actual behavior of the person, the mental
state of the person, the person's degree of involvement in the crime, the level of harm actually
(2)(A) If the court conducting the fitness hearing finds that the person is not a fit and proper
subject for juvenile court jurisdiction, it would not best address the rehabilitative needs of the
person and protect the community for the conviction to be dealt with under juvenile court
jurisdiction, then the person shall be sentenced by the court where he or she was convicted in
accordance with paragraph (1). subdivision (a).
@). If the court conducting the hearing on fitness finds that the person is a fit and proper subject
for juvenile court jurisdiction it would best address the rehabilitative needs of the person and
protect the community for the person to be sentenced under juvenile court jurisdiction, then the
person shall be subject to a disposition pursuant to juvenile court law.in accordance v.ith
subdivision (b) of Section 1170 .19.
(c) :where the conviction is for the type of offense ,vhich, in combination v.ith the person's age at
the time the offense v1as committed, makes the person eligible for transfer to a court of criminal
jurisdiction, pursuant to a rebuttable presumption that the person is a fit and proper subject to be
dealt 1.vith under the juv,enile court law, then the person shall be sentenced as follmvs:
( 1) The person shall be subject to a disposition under the juvenile court lav,r, in accordance vAth
the provisions of subdivision (b) of Section 1170 .19, unless the district attorney pre'vails upon a
motion, as described in paragraph (2).
(2) Upon a motion brought by the district attorney, the court shall order the probation department
to prepare a ,witten social study and recommendation concerning whether the person is a fit and
proper subject to be dealt v.ith under the juvenile court lav,r. The court shall either conduct a
fitness hearing or suspend proceedings and remand the matter to the juvenile court for a
determination of fitness. The person shall be subject to a juvenile disposition under the juvenile
court law unless the district attorney demonstrates, by a preponderance of the evidence, that the
person is not a fit and proper subject to be dealt with under the juvenile court lw.v, based upon the
five criteria set forth in paragraph (2) of subdivision (b). If the person is found to be not a fit and
proper subject to be dealt v,rith under the juvenile court lav,r, then the person shall be sentenced in
15
the court where he or she was convicted, in accordance v.rith the provisions set forth in
subdivision (a) of Section 1170.19. If the person is found to be a fit and proper subject to be
dealt v1ith under the juvenile court lmv, the person shall be subject to a disposition, in accordance
v.rith the provisions of subdivision (b) of Section 1170.19.
fdt-(c) Upon conviction after trial, Where where the conviction is for the type of offense which,
in combination 1t11ith the person's age, does not make would have made the person
eligibleineligible for transfer to a court of criminal jurisdiction, the person shall be remanded to
iuvenile court and subject to a disposition in accordance with the provisions of subdivision (b) of
Section 1170.19.
SEC. 6. Additional Amendments Relating To Transfer.
Sections 707.01, 707.1, 707.2, and 1732.6 of the Welfare and Institutions Code and Section
1170.19 of the Penal Code are hereby amended.
Section 707.01 of the Welfare and Institutions Code is amended to read:

707.01. (a) If a minor is found an unfit subject to be dealt 1.vith under the juvenile court lw.v is
transferred to adult court pursuant to Section 707, then the following shall apply:
(1) The jurisdiction of the juvenile court with respect to any previous adjudication resulting in
the minor being made a ward of the juvenile court that did not result in the minor's commitment
to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities Buth
Authority shall not terminate, unless a hearing is held pursuant to Section 785 and the
jurisdiction of the juvenile court over the minor is terminated.
(2) The jurisdiction of the juvenile court and the Youth 1\uthority Division of Juvenile Facilities
with respect to any previous adjudication resulting in the minor being made a ward of the
juvenile court that resulted in the minor's commitment to the Youth Authority Division of
Juvenile Facilities shall not terminate.
(3) All petitions pendiBg against the minor shall be transferred to the court of criminal
jurisdiction \\ichere one of the following applies:
(A) Jeopardy has not attached and the minor was 16 years of age or older at the time he or she is
alleged to have violated the criminal statute or ordinance.
(B) Jeopardy has not attached and the minor is alleged to have violated a criminal statute for
which he or she may be presumed or may be found to be not a fit and proper subject to be dealt
with under the juvenile court lav,r.
f41ill All petitions pending against the minor in juvenile court shall be disposed of m-the
juvenile court pursuant to the juvenile court law,. , 1.vhere one of the following applies:
(A) Jeopardy has attached.
16
(B) The minor 'NUS under 16 years of age at the time he or she is alleged to ha1e violated a
criminal statute for .vhich he or she may not be presumed or may not be found to be not a fit and
proper subject to be dealt with under the juvenile court 18:\v.
(5) If, subsequent to a finding that a minor is an unfit subject to be dealt with under the juvenile
court law, t=he minor is convicted of the violations v1hich .vere the subject of the proceeding that
resulted in a finding of unfitness, a new petition or petitions alleging the violation of any lav; or
ordinance defining crime which 1.vould otherwise cause the minor to be a person described in
Section 602 committed by the minor prior to or ager the finding of unfitness need not be filed in
the juvenile court if one of the following applies:
(i\) The minor was 16 years of age or older at the time he or she is alleged to have violated a
criminal statute or ordinance.
(B) The minor is alleged to hr.ve violated a criminal statute for which he or she may be presumed
or may be found to be not a fit and proper subject to be dealt vnth under the juvenile court law.
(6) Subsequent to a finding that a minor is an unfit subject to be dealt with under the juvenile
court law, vihich finding was based solely on either or both the minor's previous delinquent
history or a lack of success of previous attempts by the juvenile court to rehabilitate the minor,
and the minor was not convicted of the offense, a new petition or petitions alleging the violation
of any law or ordinance defining crime 1.vhich v,rould otherwise cause the minor to be a person
described in Section 602 committed by the minor prior to or after the finding of unfitness need
not be filed in the juvenile court if one of the following applies:
(A) The minor .vas 16 years of age or older at the time he or she is alleged to have violated a
criminal statute or ordinance.
(B) The minor is alleged to have violated a criminal statute for wbich be or she may be presumed
or may be found to be not a fit and proper subject to be dealt 1.vith under the juvenile court law.
(7) If, subsequent to a finding that a minor is an unfit subject to be dealt vnth under the juvenile
court law, the minor is not convicted of the violations 1.:vhich were the subject of the proceeding
that resulted in a finding of unfitness and the finding of unfitness '+Vas not based solely on either
or both the minor's previous delinquent history or a lack of success of previous attempts by tbe
. 1em'I e court to reuoY11tate
t .. b'l'
h mmor,
.
. . or pet1t10ns
..
. tue
i.
1 .
Jm
~e
a new petlt10n
~.11 egmg
v10
at1on o~f any
lav'I' or ordinance defining a crime v.rhich 1,vould other.vise cause the minor to be a person
described in Section 602 committed by the minor prior to or after the finding of unfitness shall
be first filed in the juvenile court. This paragraph does not preclude the prosecuting attorney
from seeking to find the minor unfit in a subsequent petition.
(b) As to a violation referred to in paragraph (5) or (6) of subdivision (a), if a petition based on
those violations has already been filed in the juvenile court, it shall be transferred to the court of
criminal jurisdiction without any further proceedings.
(c) The probation officer shall not be required to investigate or submit a report regarding the
fitness of a minor for any charge specified in paragraph (5) or (6) of subdivision (a) .vhich is
refiled in the juvenile court.
17
fat This section shall not be construed to affect the right to appellate review of a finding of
unfitness an order to transfer or the duration of the jurisdiction of the juvenile court as specified
in Section 607.
707.1. (a) If the minor is deelan~d not a fit and proper subjeot to be dealt vAth under the juvenile
court law, transferred under juvenile court law to a court of criminal jurisdiction, or as to a minor
for whom charges in a petition or petitions in the juvenile court have been transferred to a court
of criminal jurisdiction pursuant to Section 707.01, the district attorney, or other appropriate
prosecuting officer may file an accusatory pleading against the minor in a court of criminal
jurisdiction. The case shall proceed from that point according to the laws applicable to a
criminal case. If a prosecution has been commenced in another court but has been suspended
while juvenile court proceedings are being held, it shall be ordered that the proceedings upon that
prosecution shall resume.
(b)(1) The juvenile court, as to a minor alleged to have committed an offense described in
subdivision (b), paragraph (2) of subdivision (d), or subdivision (e) of Seotion 707 and
subdivision (b), of Section 602 and whose case has been transferred under juvenile court law to a
court of criminal jurisdiction, v1ho has been declared not a fit and proper subject to be dealt 'tVith
d 0e
h Juvem
.
'1 e court Iav,, or as to a m1nm:
.
:f:;
. a pet1t10n
. . or pet1t10ns
..
. 1re
h
un~er
~r whom charges m
m
j u:venile court will be transfeffed to a court of criminal jurisdiction pursuant to Section 707.01, or
as to a minor whose case has been filed directly in or transferred to a court of criminal
jurisdiction pursuant to Section 707.0l, may order the minor to be delivered to the custody of the
sheriff upon a finding that the presence of the minor in the juvenile hall would endanger the
safety of the public or be detrimental to the other inmates detained in the juvenile hall. Other
minors whose cases have been transferred under juvenile court law to a court of criminal
jurisdiction, declared not fit and proper subjeets to be dealt 1tvith under the juvenile court law, if
detained, shall remain in the juvenile hall pending final disposition by the criminal court or until
they attain the age of 18, whichever occurs first.
(2) Upon attaimnent of the age of 18 years such a person who is detained in juvenile hall shall be
delivered to the custody of the sheriff unless the court finds that it is in the best interests of the
person and the public that he or she be retained in juvenile hall. If a hearing is requested by the
person, the transfer to the custody of the sheriff shall not take place until after the court has made
its findings.
(3) When a person under 18 years of age is detained pursuant to this section in a facility in which
adults are confined the detention shall be in accordance with the conditions specified in
subdivision (b) of Section 207 .1.
(4) A minor found not a fit and proper subject to be dealt vlith under the juvenile court lai.v
whose case has been transferred under juvenile court law to a court of criminal jurisdiction shall,
upon the conclusion of the fitness transfer hearing, be entitled to release on bail or on his or her
own recognizance en-under the same circumstances, terms, and conditions as an adult alleged to
have committed the same offense.
18
Section 707 .2 of the Welfare and Institutions Code is amended to read:

707.2. (a) Prior to sentence and after considering a recommendation on the issue which shall be
made by the probation department, the court of criminal jurisdiction may remand the minor to
the custody of the Department of the Youth Authority Division of Juvenile Facilities for a period
not to exceed 90 days for the purpose of evaluation and report concerning his or her amenability
to training and treatment offered by the Department of the Youth Authority Juvenile Facilities.
If the court decides not to remand the minor to the custody of the Department of the Youth
i\uthority Division of Juvenile Facilities, the court shall make a finding on the record that the
amenability evaluation is not necessary. Hov,cever, a court of criminal jurisdiction shall not
sentence any minor who vms under the age of 16 years \Vlten he or she committed any criminal
offense to the state prison unless he or she has first been remanded to the custody of the
:9epartment of the Youth Authority for evaluation-and report pursuant to this section.
The need to protect society, the nature and seriousness of the offense, the interests of justice, and
the needs of the minor shall be the primary considerations in the court's determination of the
appropriate disposition for the minor.
(b) This section shall not apply where commitment to the Department of the Youth Authority
Division of Juvenile Facilities is prohibited pursuant to Section 1732.6.
1732.6. fat-No minor shall be cornmitted to the Youth i\uthority Division of Juvenile Facilities
when he or she is convicted in a criminal action fof-&~ribed in subdivision (c) of
Section 667.5 or subdivision (c) of Section 1192.7 of the Penal Code and is sentenced to
incarceration for life, an indeterminate period to life, or a determinate period of years such that
the maximum number of years of actual potential confinement when added to the minor's age
would exceed
years. Except as specified in subdivision (b), lin all other cases in which the
minor has been convicted in a criminal action, the court shall retain discretion to sentence the
minor to the Department of Corrections or to commit the minor to the Youth Authority Division
of Juvenile Facilities.
~ t l l be committed to the Youtl::i-A.tl-ilie:rity when--he-or she is-eeffi'i~n-a
criminal action for:
(1) An offense described in sabdivision (b) of Section 602, or

(2) An offenGe described in paragraphs (1), (2), or (3) of subdivision (d) of Section 707, if the
eireumstances---e-flUlTit,"f-ated-ir-those paragraphs are found to be true by the trier of fact.
(3) An offenne described in subdivision (b) of Section 707, if the minor had attained the r.ge of
16 years of age or oldc,"l=--at-t-he time of commission of the offense.
19
(c) Notvrithstanding any other provision oflaw, no person under the age of 16 years shall be
housed in any facility under the jurisdiction of the Department of Corrections.
Section 1170.19 of the Penal Code is amended to read:
1170.19. (a) Notwithstanding any other provision oflaw, the following shall apply to a person
sentenced pursuant to Section 1170.17.
(l) The person may be committed to the Youth Authority Division of Juvenile Facilities only to
the extent the person meets the eligibility criteria set forth in Section 1732.6 of the Welfare and
Institutions Code.
(2) The person shall not be housed in any facility under the jurisdiction of the Department of
Corrections, if the person is under the age of 16 years.
ill~ The person shall have his or her criminal court records accorded the same degree of public
access as the records pertaining to the conviction of an adult for the identical offense .
.Q.).f4j Subject to the knovling and intelligent consent of both the prosecution and the person
being sentenced pursuant to this section, the The court may order a juvenile disposition under the
juvenile court law, in lieu of a an adult sentence under this code, upon a finding that such an
order would serve the best interests of justice, protection of the community, and the person being
sentenced. Prior to ordering a juvenile disposition, the court shall cause to be received into
evidence a social study by the probation officer, prepared pursuant to Section 706 of the Welfare
and Institutions Code, and shall state that the social study made by the probation officer has been
read and considered by the court.
(b) Notwithstanding any other provision of law, the following shall apply to a person who is
eligible to receive a juvenile disposition pursuant to Section 1170.17.
(1) The person shall be entitled a hearing on the proper disposition of the case, conducted in
accordance with the provisions of Section 706 of the Welfare and Institutions Code. The court in
which the conviction occurred shall order the probation department to prepare a ,vritten social
study and recommendation concerning the proper disposition of the case, prior to conducting the
hearing or remand the matter to the juvenile court for purposes of preparing the social study,
conducting the disposition hearing pursuant to Section 706 of the Welfare and Institutions Code,
and making a disposition order under the juvenile court law.
1
(2) The person shall have hl.s or her conviction deemed to be a findiRg of delinquency \vardship
true petition and the person declared to be a ward under Section 602 of the Welfare and
Institutions Code.
(3) The person shall have his or her criminal court records accorded the same degree of
confidentiality as if the matter had been initially prosecuted as a delinquency petition in the
juvenile court.
(4) Subject to the kno.ving and intelligent consent of both the prosecution and the person being
sentenced pursuant to this section, the court may impose an a:dult seE.tence under this code, in
20
lieu of ordering a juvenile disposition under the juvenile court 10:'tv, upon a finding that such an
order would serve the best interests ofjustice, protection of the community, and the person being
sentenced. Prior to ordering an adult sentence, the court shall cause to be received into evidence
a social study by the probation officer, prepared pursuant to Section 706 of the Welfare and
Institutions Code, and shall state that the social study prepared by the probation officer has been
read and considered by tbe court.
SEC. 7. Juvenile Court Records.

781. (a)(l)(A) In any case in which a petition has been filed with a juvenile court to commence
proceedings to adjudge a person a ward of the court, in any case in which a person is cited to
appear before a probation officer or is taken before a probation officer pursuant to Section 626,
or in any case in which a minor is taken before any officer of a law enforcement agency, the
person or the county probation officer may, five years or more after the jurisdiction of the
juvenile court has terminated as to the person, or, in a case in which no petition is filed, five
years or more after the person was cited to appear before a probation officer or was taken before
a probation officer pursuant to Section 626 or was taken before any officer of a law enforcement
agency, or, in any case, at any time after the person has reached 18 years of age, petition the
court for sealing of the records, including records of arrest, relating to the person's case, in the
custody of the juvenile court and probation officer and any other agencies, including law
enforcement agencies, entities, and public officials as the petitioner alleges, in his or her petition,
to have custody of the records. The court shall notify the district attorney of the county and the
county probation officer, ifhe or she is not the petitioner, and the district attorney or probation
officer or any of their deputies or any other person having relevant evidence may testify at the
hearing on the petition. If, after hearing, the court finds that since the termination of jurisdiction
or action pursuant to Section 626, as the case may be, he or she has not been convicted of a
felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained
to the satisfaction of the court, it shall order all records, papers, and exhibits in the person's case
in the custody of the juvenile court sealed, including the juvenile court record, minute book
entries, and entries on dockets, and any other records relating to the case in the custody of the
other agencies, entities and officials as are named in the order. Once the court has ordered the
person's records sealed, the proceedings in the case shall be deemed never to have occurred, and
the person may properly reply accordingly to any inquiry about the events, the records of which
are ordered sealed.
(B) The court shall send a copy of the order to each agency, entity and official named in the
order, directing the agency to seal its records. Each agency, entity and official shall seal the
records in its custody as directed by the order, shall advise the court of its compliance, and
thereupon shall seal the copy of the court's order for sealing ofrecords that the agency, entity, or
official received.
(C) In any case in which a ward of the juvenile court is subject to the registration requirements
set forth in Section 290 of the Penal Code, a court, in ordering the sealing of the juvenile records
of the person, shall also provide in the order that the person is relieved from the registration
21
requirement and for the destruction of all registration information in the custody of the
Department of Justice and other agencies, entities, and officials.
(D) Notv,rithstanding any other law, the court shall not order the person's records sealed in any
case in 'tvhieh the person has been found by the juvenile court to have committed an offense
listed in subdivision (b) of Section 707 when he or she had attained 14 years of age or older.
(2) An unfulfilled order of restitution that has been converted to a civil judgment pursuant to
Section 730.6 shall not be a bar to sealing a record pursuant to this subdivision.
(3) Outstanding restitution fines and court-ordered fees shall not be considered when assessing
whether a petitioner's rehabilitation has been attained to the satisfaction of the court and shall not
be a bar to sealing a record pursuant to this subdivision.
(4) The person who is the subject of records sealed pursuant to this section may petition the
superior court to permit inspection of the records by persons named in the petition, and the
superior court may order the inspection of the records. Except as provided in subdivision (b), the
records shall not be open to inspection.
(b) In any action or proceeding based upon defamation, a court, upon a showing of good cause,
may order any records sealed under this section to be opened and admitted into evidence. The
records shall be confidential and shall be available for inspection only by the court, jury, parties,
counsel for the parties, and any other person who is authorized by the court to inspect them.
Upon the judgment in the action or proceeding becoming final, the court shall order the records
sealed.
(c)(1) Subdivision (a) does not apply to Department of Motor Vehicle records of any convictions
for offenses under the Vehicle Code or any local ordinance relating to the operation, stopping
and standing, or parking of a vehicle where the record of any such conviction would be a public
record under Section 1808 of the Vehicle Code. However, if a court orders a case record
containing any such conviction to be sealed under this section, and if the Department of Motor
Vehicles maintains a public record of such a conviction, the court shall notify the Department of
Motor Vehicles of the sealing and the department shall advise the court of its receipt of the
notice.
(2) Notwithstanding any other provision oflaw, subsequent to the notification, the Department
of Motor Vehicles shall allow access to its record of convictions only to the subject of the record
and to insurers which have been granted requestor code numbers by the department. Any insurer
to which such a record of conviction is disclosed, when such a conviction record has otherwise
been sealed under this section, shall be given notice of the sealing when the record is disclosed to
the insurer. The insurer may use the information contained in the record for purposes of
determining eligibility for insurance and insurance rates for the subject of the record, and the
information shall not be used for any other purpose nor shall it be disclosed by an insurer to any
person or party not having access to the record.
(3) This subdivision does not prevent the sealing of any record which is maintained by any
agency or party other than the Department of Motor Vehicles.
22
(4) This subdivision does not affect the procedures or authority of the Department of Motor
Vehicles for purging department records.
(d) Unless for good cause the court determines that the juvenile court record shall be retained,
the comi shall order the destruction of a person's juvenile court records that are sealed pursuant
to this section as follows: five years after the record was ordered sealed, if the person who is the
subject of the record was alleged or adjudged to be a person described by Section 601; or when
the person who is the subject of the record reaches 38 years of age if the person was alleged or
adjudged to be a person described by Section 602, except that if the subject of the record was
found to be a person described in Section 602 because of the commission of an offense listed in
subdivision (b) of Section 707 v1hen he or she .vas 14 years of age or older, the record shall not
be destroyed. Any other agency in possession of sealed records may destroy its records five
years after the record was ordered sealed.
(e) The court may access a file that has been sealed pursuant to this section for the limited
purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to
resume its jurisdiction pursuant to subdivision (e) of Section 388. This access shall not be
deemed an unsealing of the record and shall not require notice to any other entity.
(f) This section shall not permit the sealing ofa person's juvenile court records for an offense
where the person is oonvicted of that offense in a criminal court pursuant to the provisions of
Section 7-07.1. This subdivision is-tioolaratory of existing law.
(i)ffi(l) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled
order of restitution obtained pursuant to Section 730.6. A minor is not relieved from the
obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the
minor's records are sealed.
(2) A victim or a local collection program may continue to enforce victim restitution orders,
restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court
shall have access to any records sealed pursuant to this section for the limited purposes of
enforcing a civil judgment or restitution order.
(M{g}(l) On and after January 1, 2015, each court and probation department shall ensure that
information regarding the eligibility for and the procedures to request the sealing and destruction
of records pursuant to this section shall be provided to each person who is either of the
following:
(A) A person for whom a petition has been filed on or after January 1, 2015, to adjudge the
person a ward of the juvenile court.
(B) A person who is brought before a probation officer pursuant to Section 626.
(2) The Judicial Council shall, on or before January 1, 2015, develop informational materials for
purposes of paragraph (1) and shall develop a form to petition the court for the sealing and
destruction of records pursuant to this section. The informational materials and the form shall be
provided to each person described in paragraph (1) when jurisdiction is terminated or when the
case is dismissed.
23
SEC. 8. Parole Hearings.

Section 3051 of the Penal Code is amended to read:
(a)(l) A youth offender parole hearing is a hearing by the Board of Parole IIearings for the
purpose ofreviewing the parole suitability of any prisoner who was under 23 years of age at the
time of his or her controlling offense.
(2) For the purposes of this section, the foUowing definitions shall apply:
(A) "Incarceration" means detention in a city or county jail, a local juvenile facility, a mental
health facility, a Division of Juvenile Justice facility, or a Department of Corrections and
Rehabilitation facility.
(B) "Controlling offense" means the offense or enhancement for which any sentencing court
imposed the longest tenn of imprisonment.
(b )(1) A person who was convicted of a controlling offense that was committed before the
person had attained 23 years of age and for which the sentence is a determinate sentence shall be
eligible for release on parole at a youth offender parole hearing by the board during his or her
15th year of incarceration, unless previously released pursuant to other statutory provisions.
(2) A person who was convicted of a controlling offense that was committed before the person
had attained
years of age and for which the sentence is a life term of less than 25 years to life
shall be eligible for release on parole by the board during his or her 20th year of incarceration at
a youth offender parole hem'ing, unless previously released or entitled to an earlier parole
consideration hearing pursuant to other statutory provisions.
(3) A person who was convicted of a controlling offense that was committed before the person
had attained 23 years of age and for which the sentence is a life term of 25 years to life shall be
eligible for release on parole by the board during his or her 25th year of incarceration at a youth
offender parole hearing, unless previously released or entitled to an earlier parole consideration
hearing pursuant to other statutory provisions.
(c) An individual subject to this section shall meet with the board pursuant to subdivision (a) of
Section 3041.
(d) The board shall conduct a youth offender parole hearing to consider release. At the youth
offender parole hearing, the board shall release the individual on parole as provided in Section
3041, except that the board shall act in accordance with subdivision (c) of Section 4801.
(e) The youth offender parole hearing to consider release shall provide for a meaningful
oppmiunity to obtain release. The board shall review and, as necessary, revise existing
regulations and adopt new regulations regarding detenninations of suitability made pursuant to
this section, subdivision (c) of Section 480 l, and other related topics, consistent with relevant
case law, in order to provide that meaningful opportunity for release.
24
(f)(l) In assessing growth and maturity, psychological evaluations and risk assessment
instruments, if used by the board, shall be administered by licensed psychologists employed by
the board and shall take into consideration the diminished culpability of juveniles as compared to
that of adults, the hallmark features of youth, and any subsequent growth and increased maturity
of the individual.
(2) Family members, friends, school personnel, faith leaders, and representatives from
community-based organizations with knowledge about the individual before the crime or his or
her growth and maturity since the thne of the crime may submit statements for review by the
board.
(3) Nothing in this section is intended to alter the rights of victims at parole hearings.
(g) If parole is not granted, the board shall set the time for a subsequent youth offender parole
hearing in accordance with paragraph (3) of subdivision (b) of Section 3041.5. In exercising its
discretion pursuant to paragraph (4) of subdivision (b) and subdivision (d) of Section 3041 the
board shall consider the factors in subdivision (c) of Section 4801. No subsequent youth offender
parole hearing shall be necessary if the offender is released pursuant to other statutory provisions
prior to the date of the subsequent hearing.
(h) This section shall not apply to cases in which sentencing occurs pursuant to ~ection 1170.12,
subdivisions (b) to (i), inclusive, of Section 667, or-Section 667.61, or in which an individual
was sentenced to life in prison without the possibility of parole. This section shall not apply to an
individual to whom this section would otherwise apply, but who, subsequent to attaining 23
years of age, commits an additional crime for which malice aforethought is a necessary element
of the crime or for which the individual is sentenced to life in prison.
(i)(l) The board shall complete all youth offender parole hearings for individuals who became
entitled to have their parole suitability considered at a youth offender parole hearing prior to the
effective date of the act that added paragraph (2) by July 1, 2015.
(2)(A) The board shall complete all youth offender parole hearings for individuals who were
sentenced to indeterminate life terms and who become entitled to have their parole suitability
considered at a youth offender parole hearing on the effective date of the act that added this
paragraph by July l, 201 7.
(B) The board shall complete all youth offender parole hearings for individuals who were
sentenced to detenninate terms and who become entitled to have their parole suitability
considered at a youth offender parole hearing on the effective date of the act that added this
paragraph by July 1, 2021. The board shall, for all individuals described in this subparagraph,
conduct the consultation described in subdivision (a) of Section 3041 before July 1, 2017.
SEC. 9. Amendment.
This Act shall be broadly construed to accomplish its purposes. The provisions of this measure
may be amended by a statute that is passed by a two-thirds vote of the members of each house of
the Legislature and presented to the Governor, so long as such amendments are consistent with
and further the intent of this Act. The provisions of this measure may be amended to further
25
reduce the number or categories of youth transferred to the adult system or otherwise
incarcerated by a statute that is passed by a majority vote of the members of each house of the
Legislature and presented to the Governor.
SEC. 10. Severability.

If any provision of this measure, or part of this measure, or the application of any provision or
part to any person or circumstances, is for any reason held to be invalid, the remaining
provisions, or applications of provisions, shall not be affected, but shall remain in full force and
effect, and to this end the provisions of this measure are severable.
SEC. 11. Conflicting Initiatives.

(a) In the event that this measure and another measure on the same subject matter, including but
not limited to criminal justice and rehabilitation, shall appear on the same statewide ballot, the
provisions of the other measure or measures shall be deemed to be in conflict with this measure.
In the event that this measure receives a greater number of affirmative votes than a measure
deemed to be in conflict with it, the provisions of this measure shall prevail in their entirety, and
the other measure or measures shall be null and void.
(b) If this measure is approved by voters but superseded by law by any other conflicting measure
approved by voters at the same election, and the conflicting ballot measure is later held invalid,
this measure shall be self-executing and given full force and effect.
SEC. 12. Proponent Standing.

Notwithstanding any other provision oflaw, if the State, government agency, or any of its
officials fail to defend the constitutionality of this act, following its approval by the voters, any
other government employer, the proponent, or in their absence, any citizen of this State shall
have the authority to intervene in any court action challenging the constitutionality of this act for
the purpose of defending its constitutionality, whether such action is in trial court, on appeal, and
on discretionary review by the Supreme Court of California and/or the Supreme Court of the
United States. The reasonable fees and costs of defending the action shall be a charge on funds
appropriated to the Department of Justice, which shall be satisfied promptly.
SEC. 13. Liberal Construction.

This Act shall be liberally construed to effectuate its purposes.
26
EXHIBIT B
EXHIBIT B
15 -
o12
1 Arndt.#
REMCHO, JOHANSEN & PURCELL, LLP

ATTORNEYS AT LAW
201 DOLORES A VENUE

PHONE: (510) 346-6200
FAX: (510) 346-6201
Robin B. Johansen
James C. Harrison
Thomas A Willis
Karen Getman
Harry A Berezin
Juan Carlos Ibarra

January 25, 2016
RECEIVED
VIA MESSENGER

JAN 2 6 2016
INITIATIVE COORDINATOR
ATIORNEY GENERAL'S OFFICE

Re:
Submission ofAmendment to Statewide Initiative Measure

The Justice and Rehabilitation Act, No. 15-0121
Dear Ms. Johansson:

As you know, I am one of the proponents of the proposed statewide initiative,
"The Justice and Rehabilitation Act," No. 15-0121. I am enclosing the following documents:
The amended text of "The Justice and Rehabilitation Act," No. 15-0121;
A red-line version showing the changes made in the amended text; and
Signed authorizations from each of the proponents for the submission of the
amended text together with their requests that the Attorney General's Office
prepare a circulating title and summary using the amended text.
Please continue to direct all inquiries or correspondence relative to this proposed

initiative as indicated below:
Ashley Johansson
Initiative Coordinator
January 25, 2016
Page2
Smart on Crime
Harry A. Berezin
201 Dolores A venue
Phone: (510) 346-6200
Fax: (510) 346-6201
Thank you for your time and attention to this matter.
MRP:NL
Enclosures
(00266157)
January 25, 2016
VIA MESSENGER
Re:
Submission ofAmendment to The Justice and Rehabilitation Act, No. 15-0121, and
Request to Prepare Circulating Title and Summary
Dear Ms. Johansson:

On December 22, 2015, I submitted a proposed statewide initiative titled "The Justice
and Rehabilitation Act," No. 15-0121, and submitted a request that the Attorney General prepare a
circulating title and summary pursuant to section 10(d) of Article II of the California Constitution.
Pursuant to Elections Code section 9002(b), I hereby submit timely amendments to
the title and text of the Initiative. As one of the proponents of the initiative, I approve the
submission of the amended text to the initiative and I declare that the amendment is reasonably
germane to the theme, purpose, or subject of the initiative measure as originally proposed. I request
that the Attorney General prepare a circulating title and summary using the amended language.
Sincerely,
Enclosures
(00266162)
January 25, 2016
VIA MESSENGER
Re:
Submission ofAmendment to The Justice and Rehabilitation Act, No. 15-0121, and
Request to Prepare Circulating Title and Summary
Dear Ms. Johansson:

On December 22, 2015, I submitted a proposed statewide initiative titled "The Justice
and Rehabilitation Act," No. 15-0121, and submitted a request that the Attorney General prepare a
circulating title and summary pursuant to section 10(d) of Article II of the California Constitution.
Pursuant to Elections Code section 9002(b), I hereby submit timely amendments to
the title and text of the Initiative. As one of the proponents of the initiative, I approve the
submission of the amended text to the initiative and I declare that the amendment is reasonably
germane to the theme, purpose, or subject of the initiative measure as originally proposed. I request
that the Attorney General prepare a circulating title and summary using the amended language.
Sincerely,
Harry Berezin
Enclosures
(00266171)
15 -
o12
1 Arndt.# 1
Amdt. #1
THE PUBLIC SAFETY AND REHABILITATION ACT OF 2016
SECTION 1. Title.
This measure shall be known and may be cited as "The Public Safety and Rehabilitation Act of
2016."
SEC. 2. Purpose and Intent.

In enacting this Act, it is the purpose and intent of the people of the State of California to:
1.
Protect and enhance public safety.
2.
Save money by reducing wasteful spending on prisons.
3.
Prevent federal courts from indiscriminately releasing prisoners.
4.
Stop the revolving door of crime by emphasizing rehabilitation, especially for juveniles.
5.
Require a judge, not a prosecutor, to decide whether juveniles should be tried in adult
court.
SEC. 3.
Section 32 is added to Article I of the California Constitution, to read:
SEC. 32. (a) The following provisions are hereby enacted to enhance public safety, improve
rehabilitation, and avoid the release of prisoners by federal court order, notwithstanding anything
in this article or any other provision of law:
(1) Parole consideration: Any person convicted of a non-violent felony offense and sentenced to
state prison shall be eligible for parole consideration after completing the full term for his or her
primary offense.
(A) For purposes of this section only, the full term for the primary offense means the longest
term of imprisonment imposed by the court for any offense, excluding the imposition of an
enhancement, consecutive sentence, or alternative sentence.
(2) Credit Earning: The Department of Corrections and Rehabilitation shall have authority to
award credits earned for good behavior and approved rehabilitative or educational achievements.
(b) The Department of Corrections and Rehabilitation shall adopt regulations in furtherance of
these provisions, and the Secretary of the Department of Corrections and Rehabilitation shall
certify that these regulations protect and enhance public safety.
SEC. 4. Judicial Transfer Process.

Sections 602 and 707 of the Welfare and Institutions Code are hereby amended.
602.
Except as provided in subdivision (b) Section 707, any person who is under 18 years of
age when he or she violates any law of this state or of the United States or any ordinance of any
city or county of this state defining crime other than an ordinance establishing a curfew based
1
Amdt. #1
solely on age, is within the jurisdiction of the juvenile court, which may adjudge such person to
be a ward of the court.
is alleged, when he or she was 14 years of
or older, to have committed
(b) Any person
one of the following offenses shall be prosecuted under the general law in a court of criminal
jurisdiction:
(1) Murder, as described in Section 187 of the Penal Code, if one of the circumstances
enumerated in subdivision (a) of Section 190.2 of the Penal Code is alleged by the prosecutor,
and the prosecutor alleges that the minor personally killed the victim.
(2) The following sex offenses, if the prosecutor alleges that the minor personally committed the
offense, and if the prosecutor alleges one of the circumstances enumerated in the One Strike law,
subdivision (d) or (e) of Section 667.61 of the Penal Code, applies:
(A) Rape, as described in paragraph (2) of subdivision (a) of Section 261 of the Penal Code.
(B) Spousal rape, as described in paragraph (1) of subdivision (a) of Section 262 of the Penal
Code.
(C) Forcible sex offenses in concert with another, as described in Section 264.1 of the Penal
Code.
(D) Forcible lewd and lascivious acts on a child under 14 years of age, as described in
subdivision (b) of Section 288 of the Penal Code.
(E) Forcible sexual penetration, as described in subdivision (a) of Section 289 of the Penal Code.
(F) Sodomy or oral copulation in violation of Section 286 or 288a of the Penal Code, by force,
violence, duress, menace, or fear of immediate and unlav.rful bodily injury on the victim or
another person.
(G) Lewd and lascivious acts on a child under 14 years of age, as defined in subdivision (a) of
Section 288, unless the defendant qualifies for probation under subdivision (d) of Section
1203.066 of the Penal Code.
707. (a)(l) In any case in which a minor is alleged to be a person described in subdivision (a) of
Section 602 by reason of the violation, when he or she was 16 years of age or older, of any
felony criminal statute, or ordinance except those listed in subdivision (b), or of an offense listed
in subdivision (b) when he or she was 14 or 15 years of age, the District Attorney or other
appropriate prosecuting officer may make a motion to transfer the minor from juvenile court to a
court of criminal jurisdiction. upon The motion of the petitioner must be made prior to the
attachment ofjeopardy. Upon such motion, the juvenile court shall cause order the probation
officer to investigate and submit a report on the behavioral patterns and social history of the
minor. being considered for a determination of unfitness. The report shall include any written or
oral statement offered by the victim pursuant to Section 656.2.
Amdt.#1
(2)
Following submission and consideration of the report, and of any other relevant evidence that
the petitioner or the minor may wish to submit, the juvenile court shall decide whether the minor
should be transferred to a court of criminal jurisdiction. In making its decision, the court shall
consider the criteria specified in subparagraphs (A) to (E) below. If the court orders a transfer of
jurisdiction, the court shall recite the basis for its decision in an order entered upon the minutes.
In any case in which a hearing has been noticed pursuant to this section, the court shall postpone
the taking of a plea to the petition until the conclusion of the transfer hearing, and no plea that
may have been entered already shall constitute evidence at the hearing. may find that the minor
is not a fit and proper subject to be dealt with under the juvenile court law if it concludes that the
minor w:ould not be amenable to the care, treatment, and training program available through the
facilities of the juvenile court, based upon an evaluation of the criteria specified in clause (i) of
subparagraphs (A) to (E), inclusive:
(A)(i) The degree of criminal sophistication exhibited by the minor.
(ii) When evaluating the criterion specified in clause (i), the juvenile court may give weight to
any relevant factor, including, but not limited to, the minor's age, maturity, intellectual capacity,
and physical, mental, and emotional health at the time of the alleged offense, the minor's
impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of
familial, adult, or peer pressure on the minor's actions, and the effect of the minor's family and
community environment and childhood trauma on the minor's criminal sophistication.
(B)(i) Whether the minor can be rehabilitated prior to the expiration of the juvenile court's
jurisdiction.
any relevant factor, including, but not limited to, the minor's potential to grow and mature.
(C)(i) The minor's previous delinquent history.
any relevant factor, including, but not limited to, the seriousness of the minor's previous
delinquent history and the effect of the minor's family and community environment and
(D)(i) Success of previous attempts by the juvenile court to rehabilitate the minor.
any relevant factor, including, but not limited to, the adequacy of the services previously
(E)(i) The circumstances and gravity of the offense alleged in the petition to have been
any relevant factor, including but not limited to, the actual behavior of the person, the mental
3
Arndt. #1
A determination that the minor is not a fit and proper subject to be dealt with under the juvenile
court law may be based on any one or a combination of the factors set forth above in clause (i) of
subparagraphs (A) to (E), inclusive, which shall be recited in the order of unfitness. In any case
in which a hearing has been noticed pursuant to this section, the court shall postpone the taking
of a plea to the petition until the conclusion of the fitness hearing, and no plea that may have
been entered already shall constitute evidence at the hearing.
(2)(A) This paragraph shall apply to a minor alleged to be a person described in Section 602 by
reason of the violation, when he or she has attained 16 years of age, of any felony offense when
the minor has been declared to be a ward of the court pursuant to Section 602 on one or more
prior occasions if both of the follmving apply:
(i) The minor has previously been found to have committed two or more felony offenses.
(ii) The offenses upon whieh the prior petition or petitions were based were committed when the
minor had attained 14 years of age.
(B) Upon motion of the petitioner made prior to the attachment ofj eopardy the court shall cause
the probation officer to investigate and submit a report on the behavioral patterns and social
history of the minor being considered for a determination of unfitness. Following submission and
consideration of the report, and of any other relevant evidence that the petitioner or the minor
may wish to submit, the minor shall be presumed to be not a fit and proper subject to be dealt
with under the juvenile court law unless the juvenile court concludes, based upon evidence,
which evidence may be of extenuating or mitigating circumstances, that the minor wou1d be
amenable to the care, treatment, and trainmg program available through the facilities of the
juvenile court based upon an evaluation of the criteria specified in subclause (I) of clauses (i) to
(v), inclusive:
(i)(I) The degree of criminal sophistication exhibited by the minor.
to any relevant factor, including, but not limited to, the minor's age, maturity, intellectual
family and community environment and childhood trauma on the minor's criminal
sophistication.
(ii)(I) Whether the minor can be rehabilitated prior to the expiration ofthe juvenile court's
jurisdiction.
to any relevant factor, including, but not limited to, the minor's potential to grow and mature.
(iii)(I) The minor's previous delinquent history.
to any relevant factor, including, but not limited to, the seriousness of the minor's previous
Arndt. #1
delinquent history and the effect of the minor's family and community environment and
(iv)(I) Success of previous attempts by the juvenile court to rehabilitate the minor.
(II) When evaluating the criterion specified in subelause (I), the juvenile court may giveweight
to any relevant factor, including, but not limited to, the adequacy of the services prevriously
(v)(I) The circumstances and gravity of the offense alleged in the petition to have been
to any relevant factor, including, but not limited to, the actual behavior of the person, the mental
A determination that the minor is a fit and proper subject to be dealt with under the juvenile court
subclause (I) of clauses (i) to (v), inclusive, and findings therefore recited in the order as to each
of the those criteria that the minor is fit and proper under each and every one of those criteria. In
making a finding of fitness, the court may consider extenuating and mitigating circumstances in
evaluating each of those criteria. In any case in which the hearing has been noticed pursuant to
this section, the court shall postpone the taking of a plea to the petition until the conclusion of the
fitness hearing and no plea that may have been entered already shall constitute evidence at the
hearing. If the minor is found to be a fit and proper subject to be dealt with under the juvenile
court law pursuant to this subdivision, the minor shall be committed to placement in a juvenile
hall, ranch camp, forestry camp, boot camp, or secure juvenile home pursuant to Section 730, or
in any institution operated by the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities.
(3) If, pursuant to this subdivision, the minor is found to be not a fit and proper subject for
juvenile court treatment and is tried in a court of criminal jurisdiction and found guilty by the
Rehabilitation, Division of Juvenile Facilities,in lieu of sentencing the minor to the state prison,
(b) Subdivision (c) (a) shall be applicable in any case in which a minor is alleged to be a person
described in Section 602 by reason of the violation of one of the following offenses when he or
she was 14 or 15 years of age:
(1) Murder.
(2) Arson, as provided in subdivision (a) or (b) of Section 451 of the Penal Code.
(3) Robbery.
(4) Rape with force, violence, or threat of great bodily harm.
Arndt. #1
(5) Sodomy by force, violence, duress, menace, or threat of great bodily harm.
(6) A lewd or lascivious act as provided in subdivision (b) of Section 288 of the Penal Code.
(7) Oral copulation by force, violence, duress, menace, or threat of great bodily harm.
(8) An offense specified in subdivision (a) of Section 289 of the Penal Code.
(9) Kidnapping for ransom.
(10) Kidnapping for purposes ofrobbery.
(11) Kidnapping with bodily harm.
(12) Attempted murder.
(13) Assault with a firearm or destructive device.
(14) Assault by any means of force likely to produce great bodily injury.
(16) An offense described in Section 1203.09 of the Penal Code.
(17) An offense described in Section 12022.5 or 12022.53 of the Penal Code.
(18) A felony offense in which the minor personally used a weapon described in any provision
(19) A felony offense described in Section 136.1 or 137 of the Penal Code.
(20) Manufacturing, compounding, or selling one-half ounce or more of a salt or solution of a
(21) A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, which
also would constitute a felony violation of subdivision (b) of Section 186.22 of the Penal Code.
(22) Escape, by the use of force or violence, from a county juvenile hall, home, ranch, camp, or
(23) Torture as described in Sections 206 and 206.l of the Penal Code.
(24) Aggravated mayhem, as described in Section 205 of the Penal Code.
(25) Carjacking, as described in Section 215 of the Penal Code, while armed with a dangerous or
deadly weapon.
Amdt. #1
(26) Kidnapping for purposes of sexual assault, as punishable in subdivision (b) of Section 209
of the Penal Code.
(27) Kidnapping as punishable in Section 209.5 of the Penal Code.
(28) The offense described in subdivision (c) of Section 26100 of the Penal Code.
(29) The offense described in Section 18745 of the Penal Code.
(30) Voluntary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code.
(c) With regard to a minor alleged to be a person described in Section 602 by reason of the
violation, When he or she was 14 years of age or older, of any of the offenses listed in
subdivision (b), upon motion of the petitioner made prior to the attachment ofjeopardy the court
shall cause the probation officer to imrestigate and submit a report on the behavioral patterns and
social history of the minor being considered for a determination of unfitness. Following
submission and consideration of the report, and of any other relevant evidence that the petitioner
or the minor may wish to submit, the minor shall be presumed to be not a fit and proper subject
to be dealt with under the juvenile court law unless the juvenile court concludes, based upon
evidence, which evidence may be of extenuating or mitigating circumstances, that the minor
would be amenable to the care, treatment, and training program available through the facilities of
the juvenile court based upon an e11aluation of each of the following criteria specified in
subparagraph (A.) of paragraphs (1) to (5), inclusive:
(l)(A) The degree of criminal sophistication exhibited by the minor.
weight to any relevant factor, including, but not limited to, the minor's age, maturity, intellectual
family and community environment and childhood trauma on the minor's criminal
sophistication.
(2)(A.) Whether the minor can be rehabilitated prior to the expiration of the juvenile court's
jurisdiction.
weight to any relevant factor, including, but not limited to, the minor's potential to grow and
mature.
(3)(A.) The minor's previous delinquent history.
(B) When evaluating the criterion specified in subparagraph (A.), the juvenile court may give
weight to any relevant factor, including, but not limited to, the seriousness of the minor's
previous delinquent history and the effect of the minor's family and community environment and
Amdt. #1
(4)(A) Success of previous attempts by the juvenile court to rehabilitate the minor.
(B) When evaluating the criterion specified in subparagraph (A),), the juvenile court may give
to any relevant factor, including, but not limited to, the adequacy of the services
preYiously provided to address the minor's needs.
weight
(5)(A) The circumstances and gravity of the offenses alleged in the petition to have been
weight to any relevant factor, including, but not limited to, the actual behavior of the person, the
mental state of the person, the person's degree of involvement in the crime, the level of harm
actually caused by the person, and the person's mental and emotional development.
A determination that the minor is a fit and proper subject to be dealt with under the juvenile court
subparagraph (A) of paragraphs (1) to (5), inclusive, and findings therefore recited in the order as
to each of those criteria that the minor is fit and proper under each and every one of those
criteria. In making a finding of fitness, the court may consider extenuating or mitigating
circumstances in evaluating each of those criteria. In any case in which a hearing has been
noticed pursuant to this section, the court shall postpone the taking of a plea to the petition until
the conclusion of the fitness hearing and no plea which may have been entered already shall
constitute evidence at the hearing. If, pursuant to this subdivision, the minor is found to be not a
fit and proper subject for juvenile court treatment and is tried in a court of criminal jurisdiction
and found guilty by the trier of fact, the judge may commit the minor to the Department of
Corrections and Rehabilitation, DiYision of Juvenile Facilities, in lieu of sentencing the minor to
the state prison, unless the limitations specified in Section 1732.6 apply.
(d) (1) Except as provided in subdivision (b) of Section 602, the district attorney or other
appropriate prosecuting officer may file an accusatory pleading in a court of criminal jurisdiction
against any minor 16 years of age or older who is accused of committing an offense enumerated
in subdivision (b).
prosecuting officer may file an accusatory pleading against a minor 14 years of age or older in a
court of criminal jurisdiction in any ease in whieh any one or more of the following
circumstances apply:
(A) The minor is alleged to have committed an offense that if committed by an adult would be
punishable by death or imprisonment in the state prison for life.
(B) The minor is alleged to have personally used a firearm during the commission or attempted
commissioa of a felony, as described in Section 12022.5 or 12022.53 of the Penal Code.
(C) The minor is alleged to have committed an offense listed in subdivision (b) in which any one
or more of the following circumstances apply:
Arndt. #1
(i) The minor has previously been found to be a person described in Section 602 by reason of the
commission of an offense listed in subdivision (b).
(ii) The offense was committed for the benefit of, at the direction of, or in association with any
criminal street gang, as defined in subdivision (f) of Section 186.22 of the Penal Code, with the
specific intent to promote, further, or assist in criminal conduct by gang members.
(iii) The offense was committed for the purpose of intimidating or interfering with any other
this state or by the Constitution or laws of the United States and because of the other person's
race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, or because
the minor perceives that the other person has one or more of those characteristics, as described in
Title 11.6 (commencing with Section 422.55) of Part 1 of the Penal Code.
(iv) The victim of the offense was 65 years of age or older, or blind, deaf, quadriplegic,
paraplegic, developmentally disabled, or confined to a wheelchair, and that disability was known
or reasonably should have been known to the minor at the time of the commission of the offense.
prosecuting officer may file an accusatory pleading in a court of criminal jurisdiction against any
minor 16 years of age or older who is accused of committing one or more of the following
offenses, if the minor has previously been found to be a person described in Section 602 by
reason of the violation of a felony offense, when
he or she was 14 years of age or older:
(A) A felony offense in which it is alleged that the victim of the offense was 65 years of age or
older, or blind, deaf, quadriplegic, paraplegic, developmentally disabled, or confined to a
wheelchair, and that disability was known or reasonably should have been known to the minor at
the time of the commission of the offense.
(B) A felony offense committed for the purposes of intimidating or interfering with any other
this state or by the Constitution or laws of the United States and because of the other person's
race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, or because
the minor perceived that the other person had one or more of those characteristics, as described
in Title 11.6 (commencing with Section 422.55) of Part 1 of the Penal Code.
(C) The offense was committed for the benefit of, at the direction of, or in association with any
criminal street gang as prohibited by Section 186.22 of the Penal Code.
(4) In any case in which the district attorney or other appropriate prosecuting officer has filed an
accusatory pleading against a minor in a court of criminal jurisdiction pursuant to this
subdivision, the ease shall then proceed according to the laws applicable to a criminal case. In
conjunction with the preliminary hearing as provided in Section 738 of the Penal Code, the
magistrate shall make a finding that reasonable cause exists to believe that the minor comes
within this subdivision. If reasonable cause is not established, the criminal court shall transfer the
case to the juvenile court having jurisdiction over the matter.
Arndt. #1
(5) For an offense for which the prosecutor may file the accusatory pleading in a court of
criminal jurisdiction pursuant to this subdiYision, but elects instead to file a petition in the
juvenile court, if the minor is subsequently found to be a person described in subdivision (a) of
Section 602, the minor shall be committed to placement in a juvenile hall, ranch camp, forestry
camp, boot camp, or secure juvenile home pursuant to Section 730, or in any institution operated
by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(6) If, pursuant to this subdivision, the minor is found to be not a fit and proper subject for
juvenile court treatment and is tried in a court of criminal jurisdiction and found guilty by the
Rehabilitation, DiYision of Juvenile Facilities, in lieu of sentencing the minor to the state prison,
(e) A report submitted by a probation officer pursuant to this section regarding the behavioral
patterns and social history of the minor being considered for a determination of unfitness shall
include any written or oral statement offered by the victim, the victim's parent or guardian if the
victim is a minor, or if the victim has died, the victim's next of kin, as authoriized by subdivision
(b) of Section 656.2. Victims' statements shall be considered by the court to the extent they are
relevant to the court's determination of unfitness.
SEC. 5. Amendment.
This Act shall be broadly construed to accomplish its purposes. The provisions of Section 4 of
this measure may be amended so long as such amendments are consistent with and further the
intent of this Act by a statute that is passed by a majority vote of the members of each house of
the Legislature and signed by the Governor.
SEC. 6. Severability.
If any provision of this measure, or part of this measure, or the application of any provision or
part to any person or circumstances, is for any reason held to be invalid, the remaining
provisions, or applications of provisions, shall not be affected, but shall remain in full force and
effect, and to this end the provisions of this measure are severable.
SEC. 7. Conflicting Initiatives.
(a) In the event that this measure and another measure addressing credits and parole eligibility
for state prisoners or adult court prosecution for juvenile defendants shall appear on the same
statewide ballot, the provisions of the other measure or measures shall be deemed to be in
conflict with this measure. In the event that this measure receives a greater number of
affirmative votes than a measure deemed to be in conflict with it, the provisions of this measure
shall prevail in their entirety, and the other measure or measures shall be null and void.
(b) If this measure is approved by voters but superseded by law by any other conflicting measure
approved by voters at the same election, and the conflicting ballot measure is later held invalid,
this measure shall be self-executing and given full force and effect.
10
Arndt. #1
SEC. 8. Proponent Standing.
Notwithstanding any other provision oflaw, if the State, government agency, or any of its
officials fail to defend the constitutionality of this act, following its approval by the voters, any
other government employer, the proponent, or in their absence, any citizen of this State shall
have the authority to intervene in any court action challenging the constitutionality of this act for
the purpose of defending its constitutionality, whether such action is in any trial court, on appeal,
or on discretionary review by the Supreme Court of California and/or the Supreme Court of the
United States. The reasonable fees and costs of defending the action shall be a charge on funds
appropriated to the Department of Justice, which shall be satisfied promptly.
SEC. 9. Liberal Construction.

This Act shall be liberally construed to effectuate its purposes.
11
EXHIBIT C
EXHIBIT C
California Bill Analysis, S.B. 1253 Sen., 8/22/2014, California Bill Analysis, S.B. 1253...
CA B. An., S.B. 1253 Sen., 8/22/2014

California Bill Analysis, Senate Floor, 2013-2014 Regular Session, Senate Bill 1253
August 22, 2014
California Senate
2013-2014 Regular Session
_ -- SENATE RULES COMMITTEE SB 1253 Office of Senate Floor Analyses 1020 N Street, Suite 524
(916) 651-1520 Fax: (916) 327-4478 -- UNFINISHED BUSINESS
Bill No: SB 1253
Author: Steinberg (D), et al.
Amended: 8/22/14
Vote: 21
SENATE ELECTIONS & CONSTITUTIONAL AMEND. COMM. : 4-1, 4/22/14 AYES: Torres, Hancock, Jackson, Padilla
NOES: Anderson
SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/23/14 AYES: De Len, Hill, Lara, Padilla, Steinberg NOES: Walters,
Gaines
SENATE FLOOR : 29-8, 5/29/14 AYES: Beall, Berryhill, Block, Cannella, Corbett, Correa, De Len, DeSaulnier, Evans,
Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Lara, Leno, Lieu, Liu, Mitchell, Monning, Padilla, Pavley, Roth,
Steinberg, Torres, Wolk, Wyland NOES: Anderson, Fuller, Gaines, Knight, Morrell, Nielsen, Vidak, Walters NO VOTE
RECORDED: Calderon, Wright, Yee
ASSEMBLY FLOOR : 55-23, 8/27/14 - See last page for vote
SUBJECT : Initiative measures
SOURCE : California Common Cause League of Women Voters of California CONTINUED
DIGEST : This bill makes several changes to the initiative process including providing a 30-day public review process,
extending the timeframe allowed for circulating a petition, and allowing the withdrawal of a petition at any time before the
measure qualifies for the ballot; and makes several other changes to the procedures and requirements for placing an initiative
petition measure on the ballot.
Assembly Amendments add coauthors; require the Secretary of State (SOS) to identify the date of the next statewide election
and, on the 131st day prior to that election, to issue a certificate of qualification certifying that the initiative measure is qualified
for the ballot at that election; provide that the initiative measure will be deemed qualified for the ballot for purposes of specified
provisions of the California Constitution; clarify proponents of the proposed initiative measure may submit amendments to the
measure that further its purposes; require the fiscal estimate to be delivered within 50 days of the date of receipt of the proposed
measure by the Attorney General, instead of 25 working days, as specified; add double-jointing language with AB 2219 (Fong),
SB 1043 (Torres), and SB 844 (Pavley); add contingent enactment language to avoid implementation problems with SB 1442
(Lara); and make other conforming and technical changes.
ANALYSIS : Existing law: 1.Establishes specific procedures and requirements for placing an initiative petition measure on the
ballot. 2.Requires the SOS to transmit copies of an initiative measure and its circulating title and summary to the Senate and
the Assembly after the measure is certified to appear on the ballot for consideration by the voters. 3.Requires that each house
2016 Thomson Reuters. No claim to original U.S. Government Works.
of the Legislature assign the initiative measure to its appropriate committees, and that the committees hold joint public hearings
on the subject of the proposed measure prior to the date of the election at which the measure is to be voted upon, as specified.
4.Requires the SOS to disseminate the complete state ballot pamphlet over the Internet and to establish a process to enable a
voter to opt out of receiving the state ballot pamphlet by mail. 5.Requires the SOS to develop a program to utilize modern
communications and information processing technology to enhance the availability and accessibility of information on
statewide candidates and ballot initiatives, including making information available online as well as through other information
processing technology. 6.Authorizes the proponents of a statewide initiative or referendum measure to withdraw the measure
at any time before filing the petition with the appropriate elections official. 7.Requires that state initiative petitions circulated
for signature include a prescribed notice to the public. 8.Makes certain activities relating to the circulation of an initiative
referendum, or recall petition a criminal offense. This bill:
1. Makes minor modifications to provisions of law that prescribe how words are counted for the purposes of various
provisions of the Elections Code, including for the word limit on a ballot title and summary.
2. Requires the Attorney General (AG), upon the receipt of a request from the proponents of a proposed initiative measure
for a circulating title and summary, to initiate a public review process for a period of 30 days, as specified.
3. Permits proponents of the proposed initiative measure, during the public review period, to submit amendments to the
measure, as specified, that are reasonably germane to the theme, purpose, or subject of the initiative measure as originally
proposed. Prohibits amendments from being submitted if the initiative measure as originally proposed would not effect a
substantive change in law.
4. Deletes provisions of law that require the fiscal estimate or opinion of the proposed initiative measure be prepared by the
Department of Finance (DOF) and the Joint Legislative Budget Committee and instead requires the estimate to be prepared
by the DOF and the Legislative Analyst. Requires the fiscal estimate to be delivered to the AG within 50 days of the date of
receipt of the proposed measure by the AG, instead of 25 working days from the date the AG receives the final version of
the proposed measure.
5. Extends the period of time that a proposed initiative measure petition may be circulated from 150 days to 180 days.
6. Requires the proponents of a proposed initiative measure to submit a certification, signed under penalty of perjury, to SOS
immediately upon the collection of 25% of the number of signatures needed to qualify the initiative measure for the ballot.
7. Deletes provisions of law that require Senate and Assembly committees to hold a joint public hearing on the subject of
each initiative measure that qualifies for the ballot before the 30th day prior to the date of the election, and instead requires
the committees to hold the hearing after the proponents certify that they have collected 25% of the number of required
signatures, but not later than 131 days before the date of the election at which the measure is to be voted upon.
8. Permits proponents of a statewide initiative or referendum measure to withdraw the measure after filing the petition with
the appropriate elections official at any time before the 131st day before the election at which the measure will appear on the
ballot.
9. Requires the SOS to create an Internet Web site, or use other available technology, to consolidate information about each
state ballot measure in a manner that is easy for voters to access and understand, as specified. 10.Requires the SOS to establish
processes to enable a voter to do both of the following:
A. Opt out of receiving the state ballot pamphlet by mail pursuant to existing law; and
B. When the state ballot pamphlet is available, to receive either the state ballot pamphlet in an electronic format or an
electronic notification making the pamphlet available by means of online access.
1. Requires the processes described above to become effective only after the SOS has certified that the state has a statewide
voter registration database that complies with the federal Help America Vote Act of 2002.
2. Makes it a crime, for a proponent of a statewide initiative measure to seek, solicit, bargain for, or obtain any money or
thing of value of or from any person, firm, or corporation for the purpose of withdrawing an initiative petition after filing it
with the appropriate elections official.
3. Makes other conforming changes.
4. Contains double-jointing language to avoid chaptering problems with AB 2219 (Fong), SB 844 (Pavley), and SB 1043
(Torres) of the current legislative session.
5. Contains contingent enactment language to avoid implementation problems with SB 1442 (Lara) of the current legislative
session.
6. Makes findings and declarations regarding initiative measures, also known as ballot measures or propositions, allow
California voters to participate directly in lawmaking. California voters have enjoyed the right to enact laws through the
initiative process since 1911. However, many voters find it difficult to understand the language of an initiative measure and
to learn who is behind an initiative measure.
Background
The Initiative and Referendum Institute . According to the iandrinstitute.org, although the initiative process is different in every
state, there are certain aspects of the process that are common to all. The five basic steps to any initiative are: Preliminary filing
of a proposed initiative with a designated state official; Review of the initiative for compliance with statutory requirements
prior to circulation; Circulation of the petition to obtain the required number of signatures; Submission of the petition signatures
to the state elections official for verification of the signatures; and The placement of the initiative on the ballot and subsequent
vote. The following is a national comparison on pre-circulation filing requirements and review processes: Prior to circulating
a petition, the proposed initiative and a request to circulate must be submitted to the designated public officer such as the
Lieutenant Governor, Attorney General or Secretary of State for approval. Nine states require the proposed initiative to be
submitted with a certain number of signatures, ranging from five in Montana to 100 in Alaska. Five states require a deposit that
is refunded when the completed petition has been filed. Depending, on the state the petition may be reviewed for form, language
and/or constitutionality. Ten states require the Secretary of States office or the Attorney General to review initiatives for proper
form only. Twelve states require some form of pre-circulation/certification review regarding language, content or
constitutionality. However, in all but four of these states, the results of the review are advisory only. In Arkansas, the Attorney
General has authority to reject a proposal if it utilizes misleading terminology. In Utah, the Attorney General can reject an
initiative if it is patently unconstitutional, nonsensical, or if the proposed law could not become law if passed. In Oregon, the
Attorney General can stop an initiative from circulating if he believes it violates the single amendment provision for initiatives
and in Florida, the State Supreme Court, during its mandatory review, can stop an initiative if it is unconstitutional or violates
the states very strict single subject requirement. Circulation periods range from as brief as 64 days in Massachusetts to an
unlimited duration, though there are limits on how long a petition signature is valid. Most states also have deadlines for
submitting initiative petitions, so that officials will have time to verify the signatures, publish the initiative, and prepare the
ballot. Arkansas, Ohio and Utah have no time limit for signature gathering. Oklahoma at 90 days, California at 150 days, and
Massachusetts at 64 days have the shortest circulation periods. It is unknown if any of the 24 states provides opportunity during
the process for the proponent to withdraw a proposal at any time before the measure qualifies for the ballot.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Assembly Appropriations Committee:
The SOS will incur minor additional costs ($40,000 annually) to create a website and update information on each ballot
measure. All other administrative costs to the SOS will be minor and absorbable. Extending the petition circulation period by
30 days will increase the likelihood that more measures will qualify for the ballot. On the other hand, providing the opportunity
for legislative review during the circulation period could lead to agreements with the Legislature and withdrawal of some
measures from circulation. The net impact of these two changes is unknown, however, the average cost for including in the
state ballot pamphlet the text, analysis, and arguments for and against a measure are around $600,000 per measure. The SOS
anticipates minor costs to notify voters electronically that the state ballot pamphlet is available
SUPPORT : (Verified 8/27/14) California Common Cause (co-source) League of Women Voters of California (co-source)
AARP AAUW Bay Area Council California Business Roundtable California Calls California Chamber of Commerce
California Council of Church IMPACT California Democratic Party California Forward Action Fund California School
Employees Association California State Employees Association Chino Valley Dem Club Dems of North Orange County
Laguna Woods Democratic Club Los Angeles Business Council NAACP RFK Democratic Club San Gabriel Valley
Democratic Womens Club Sonoma County Democratic Club Think Long Committee for California Yucaipa-Calimesa
Democratic Club
OPPOSITION : (Verified 8/27/14) California Teachers Association
ARGUMENTS IN SUPPORT : According to the author: The changes in this bill are similar to the recommendations made
twenty years ago by the Citizens Commission on Ballot Initiatives. The current 150 days to gather signature does not provide
enough time for public input or changes to the initiative language. This bill extends the time allowed to gather signatures and
establishes a prequalification process. The prequalification process includes the ability to amend an initiative before it appears
on the ballot as long as the changes are consistent with the original intent. The prequalification process also engages the
Legislature earlier in the process. Presently, there is not a sufficient review process of initiatives by the public or the Legislature
where either is able to provide greater input and suggest amendments or correct flaws before the measure is printed on the
ballot. Implementing a better public review process before the title and summary process by the AG and allowing the
Legislature to hold a hearing after 25% of signatures are collected helps address this deficiency. Also, the concern that voters
are asked to decide important issues through the initiative process without adequate information is real. This bill aims to provide
clearer and more thorough information. Another problem in current law is inability for a proponent to withdraw their own
initiative. As described in the previous section, if a proponent of an initiative pursues an alternative path to solving an issue 2016 Thomson Reuters. No claim to original U.S. Government Works.
specifically through compromise through the legislative process - there is no mechanism for the proponent to remove their own
ballot initiative after its been qualified.
ARGUMENTS IN OPPOSITION : The California Teachers Association states in opposition, Our State Council of Education
members expressed grave concerns about the extension of time SB 1253 authorizes the circulation of a proposed initiative
given that previous initiative proposals have resulted in a variety of unintended consequences including but not limited to the
opportunity for non-legal campaign contributions to influence election outcomes; the increased possibility of fraud in the
signature gathering process; and the likelihood that initiatives that adversely affect good government will qualify for the
ballot.
ASSEMBLY FLOOR : 55-23, 8/27/14 AYES: Alejo, Ammiano, Bloom, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chesbro, Cooley, Dababneh, Daly, Dickinson, Eggman, Fong, Frazier, Garcia, Gatto,
Gomez, Gordon, Gorell, Gray, Hall, Roger Hernndez, Holden, Jones-Sawyer, Levine, Lowenthal, Medina, Mullin,
Muratsuchi, Nazarian, Olsen, Pan, Perea, John
A. Peez, V. Manuel Peez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Weber,
Wieckowski, Williams, Yamada, Atkins NOES: Achadjian, Allen, Bigelow, Chvez, Conway, Dahle, Donnelly, Fox, Beth
Gaines, Gonzalez, Grove, Hagman, Jones, Linder, Logue, Maienschein, Mansoor, Melendez, Nestande, Patterson, Wagner,
Waldron, Wilk NO VOTE RECORDED: Harkey, Vacancy RM:nl 8/27/14 Senate Floor Analyses SUPPORT/OPPOSITION:
SEE ABOVE **** END ****
CA B. An., S.B. 1253 Sen., 8/22/2014
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1

Thomas W. Hiltachk (SBN 131215)

CALIFORNIA DISTRICT ATTORNEYS

VERIFIED PETITION FOR WRIT OF

MARGARET R. PRINZING and HARRY

Real Parties In Interest.

Unless prohibited by this Court, Respondent Attorney General Harris

the chief purpose and points of the measure.

to the Attorney General.

22, 2015 (the self-titled The Justice and Rehabilitation Act).

initiative draft it is a completely different and new initiative.

It is this error Petitioners

with Real Parties December 22, 2015 submission.

Prior to January 1, 2015, once a proponent submitted the text of a proposed

assist in the discovery of such mistakes.

subject of the initiative measure as originally proposed.

(Elec. Code 9002(b).)

within 65 calendar days.

short-cut the analysis and review process.

Additionally, Respondent Attorney General may unquestionably issue a circulating

Petitioner, ANNE MARIE SCHUBERT, is a citizen of the State of California and

Petitioner CALIFORNIA DISTRICT ATTORNEYS ASSOCIATION is an

Respondent KAMALA HARRIS is the ATTORNEY GENERAL of California.

Real Party In Interest MARGARET R. PRINZING is a named proponent of the

a registered voter and resident of the State of California.

Real Party In Interest HARRY BEREZIN is a named proponent of the Public

registered voter and resident of the State of California.

JURISDICTION AND VENUE

other civil matters.

County. (Elec. Code, 13314(b)(3).)

State of California and are beneficially interested in this matter.

to comment on proposed measures.

The initial version of the initiative measure primarily sought to eliminate a

and incorporated herein by this reference.)

sentenced to non-violent felony offenses to be eligible for parole consideration

after completion of only the term of their primary offense.

Victims Bill of Rights, enacted by the voters in June 1982.

purposes of ... enhancement of sentence in any criminal proceeding. (Cal. Const.,

art. I, 28(f)), renumbered by Prop. 9 in 2008 as art. I, 28(f)(4).) The proposed

In other words, criminal defendants whose sentences were

defendants who do not have any enhancements.

Under the newly amended language alternative sentences involving increased

Corrections and Rehabilitation (CDCR) unilateral and unlimited authority to award

and approved rehabilitative or educational achievements.

The Penal Code

the California Constitution, to provide:

Truth in Sentencing. Sentences that are individually imposed upon

(Cal. Const., art. I, 28(f)(5), emphasis added.)

initiative excludes consideration of enhancements in determining parole

consideration, if a firearm allegation is not used to make an offense a violent

offense, the 10-20-Life enhancement will be disregarded.

Penal Code section 12022.53, the 10-20-Life law was overwhelmingly

unlawfully camouflaged as an amendment to an existing measure. The new version of the

previously-filed measure to be reasonably germane to the theme, purpose, or subject of the

As further indication that the purported amendment exceeded the statutory

February 10, 2016.