This hearing is designed to allow the Court to review information and determine the most appropriate level of accountability for the youth’s actions and to assist in their treatment and rehabilitation.
A probation officer will have investigated the case and prepared a written report for the Juvenile Court. The report provides recommendations for the outcome of the case based on the needs of both the youth and the community.
The Report of the Probation Officer will include the following information to assist the Court in reaching the appropriate disposition:
• Brief statement of the offense
• Prior delinquency history
• School academic and attendance record
• Drug/alcohol history
• Social history of the family
• Statements from the victim, the youth, and the youth’s parents
Upon review of all available information, the Judge reaches a decision that can vary from community probation to confinement in a state institution.
• Formal probation
• Community Service
• Fines and restitution
• Drug and alcohol counseling
• Mental Health counseling
• Search and seizure
• Group or foster home placement if the youth is not going to be allowed to return home
• Commitment at the Juvenile Justice Campus
• Commitment to the State of California, Department of Juvenile Justice
Youths placed on probation will be supervised by officers of the Fresno County Probation Department for the term of probation specified by the Judge.
WIC 786 Hearing
Pursuant to Welfare and Institution Code (WIC) 786, if a person who has been alleged or is found to be a ward of the Juvenile Court “satisfactorily completes” an informal program of supervision, pursuant to WIC 654.2, probation under WIC 725, or a term of probation for any offense, the Court shall order the petition dismissed. This means the Court will order all parties with information containing to the specific case and the specific youth to seal their records upon the completion of their grant of probation. If the person has committed an offense that is listed as a violation of WIC 707(b), that offense is not automatically sealed. That individual would need to request a sealing under WIC 781 when eligible.
What is considered by the Court to be “satisfactorily completed?” WIC 786 (C)(1) denotes that satisfactory completion of an informal program of supervision or another term of probation described in subsection (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense of misdemeanor involving moral turpitude during the period of supervision or probation and if the person has not failed to “substantially comply” with reasonable orders of supervision or probation that were within their capacity to perform.
Probation typically sets non-appearance WIC 786 hearings 12 months after being placed on probation. Exceptions may occur for youth who have been ordered to be on probation until Further Order of the Court. Those matters are calendared when the youth is calendared for probation termination.
Deferred Entry of Judgement (DEJ) Program
If a youth meets the criteria of WIC 790 and it is deemed by the Court that the youth can benefit from treatment, education and rehabilitation, the Court may place a youth in the DEJ program if the youth admits to the petition as filed for DEJ purposes. Upon acceptance for DEJ supervision, the Court will schedule a review hearing to review the youth’s performance in the program. If the youth has performed satisfactorily during the period in which DEJ was granted, at the end of that period the charge or charges in the wardship petition shall be dismissed and the arrest upon which the judgment was deferred shall be deemed never to have occurred and any records in the possession of the Juvenile Court shall be sealed, except that the prosecuting attorney and the probation department of any county shall have access to these records after they are sealed for the limited purpose of determining whether a youth is eligible for deferred entry of judgment pursuant to Section 790 and as described in subdivision (d).
(1) The youth has not previously been declared to be a ward of the court for the commission of a felony offense.
(2) The offense charged is not one of the offenses enumerated in subdivision (b) of Section 707.
(3) The youth has not previously been committed to the custody of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(4) The youth’s record does not indicate that probation has ever been revoked without being completed.
(5) The youth is at least 14 years of age at the time of the hearing.
(6) The youth is eligible for probation pursuant to Section 1203.06 of the Penal Code.
(7) The offense charged is not rape, sodomy, oral copulation, or an act of sexual penetration specified in Section 289 of the Penal Code when the victim was prevented from resisting due to being rendered unconscious by any intoxicating, anesthetizing, or controlled substance, or when the victim was at the time incapable, because of mental disorder or developmental or physical disability, of giving consent, and that was known or reasonably should have been known to the youth at the time of the offense.
(b) The prosecuting attorney shall review his or her file to determine whether or not paragraphs (1) to (7), inclusive, of subdivision (a) apply. If the youth is found eligible for deferred entry of judgment, the prosecuting attorney shall file a declaration in writing with the Court or state for the record the grounds upon which the determination is based, and shall make this information available to the minor and his or her attorney. Upon a finding that the youth is also suitable for DEJ and would benefit from education, treatment, and rehabilitation efforts, the Court may grant DEJ. Under this procedure, the Court may set the hearing for DEJ at the initial appearance under Section 657. The Court shall make findings on the record that a youth is appropriate for DEJ pursuant to this article in any case where DEJ is granted.
Based on the finding that the youth is suitable for DEJ and would benefit from education, treatment and rehabilitation efforts. If found suitable, the Court will make findings on the record that a youth is appropriate for DEJ.
Lifting of DEJ:
If it appears to the prosecuting attorney, the Court, or the probation department that the youth is not performing satisfactorily in the assigned program or is not complying with the terms of the youth’s probation, or that the youth is not benefiting from education, treatment, or rehabilitation, the Court shall lift the DEJ and schedule a dispositional hearing. If after accepting DEJ and during the period in which DEJ was granted, the youth is convicted of, or declared to be a person described in Section 602 for the commission of, any felony offense or of any two misdemeanor offenses committed on separate occasions, the Judge shall enter judgment and schedule a dispositional hearing. If the youth is convicted of, or found to be a person described in Section 602, because of the commission of one misdemeanor offense, or multiple misdemeanor offenses committed during a single occasion, the Court may enter judgment and schedule a dispositional hearing.
(b) If the judgment previously deferred is imposed and a dispositional hearing scheduled pursuant to subdivision (a), the Juvenile Court shall report the complete criminal history of the youth to the Department of Justice, pursuant to Section 602.5.