CHILDREN AND THE LAW
...Delinquency Matters
......Certification (Fitness) Hearings
.........Fitness Hearing: Timing
5 Cards On This Topic:

Hearing for minors over 16 to determine whether unfit to be dealt with under juvenile court law shall be after PO investigation and prior to attachment of jeopardy.

Fitness hearing must be conducted prior to attachment of jeopardy.

Legislature intended list of crimes contained in W&IC 707 (former) (b) to serve as a reference list and to apply to minors younger than 16.

Delay in start of fitness hearing for detained minor beyond 13 judicial day period mandated by rule of court does not require dismissal of hearing.

Ms’ 1st degree murder with special circumstances convictions did not make them ineligible for CYA; court required to obtain W&IC 707.2 diagnostic study before prison sentencing.