Rule 5.766 - General provisions(a) Hearing on transfer of jurisdiction to criminal court (§ 707) A youth who is the subject of a petition under section 602 and who was 14 years or older at the time of the alleged felony offense may be considered for prosecution under the general law in a court of criminal jurisdiction. The district attorney or other appropriate prosecuting officer may make a motion to transfer the youth from juvenile court to a court of criminal jurisdiction, in one of the following circumstances: (1) The youth was 14 or 15 years of age at the time of the alleged offense listed in section 707(b) and was not apprehended before the end of juvenile court jurisdiction.(2) The youth was 16 years or older at the time of the alleged felony offense. (Subd (a) amended effective January 1, 2023; previously amended effective January 1, 1996, January 1, 2001, and May 22, 2017.)
(b) Notice (§ 707)Notice of the transfer hearing must be given at least five judicial days before the hearing. In no case may notice be given following the attachment of jeopardy.
(Subd (b) amended effective May 22, 2017; previously amended effective January 1, 2007.)
(c) Prima facie showing On the youth's motion, the court must determine whether a prima facie showing has been made that the offense alleged is an offense that makes the youth subject to transfer as set forth in subdivision (a). (Subd (c) amended effective January 1, 2023; adopted effective May 22, 2017.)
(d) Time of transfer hearing-rules 5.774, 5.776The transfer of jurisdiction hearing must be held and the court must rule on the request to transfer jurisdiction before the jurisdiction hearing begins. Absent a continuance under rule 5.776 or the youth's waiver of the statutory time period to commence the jurisdiction hearing, the jurisdiction hearing must begin within the time limits under rule 5.774.
(Subd (d) amended effective January 1, 2023; adopted as subd (c); previously amended effective January 1, 2007; previously amended and relettered effective May 22, 2017.)
Rule 5.766 amended effective 1/1/2023; amended effective 5/22/2017; adopted as rule 1480 effective 1/1/1991; previously amended 1/1/1996, 1/1/2001and amended and renumbered effective 1/1/2007.