California Codes

Cal. Welfare and Institutions Code § 1731.5 (2026)

✓ current as of May 2026

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(a)After certification to the Governor as provided in this article, a court may, until July 1, 2021, commit to the Division of Juvenile Justice any person who meets all of the following:

(1)Is convicted of an offense described in subdivision (b) of Section 707 or subdivision (c) of Section 290.008 of the Penal Code.

(2)Is found to be less than 21 years of age at the time of apprehension.

(3)Is not sentenced to death, imprisonment for life, with or without the possibility of parole, whether or not pursuant to Section 190 of the Penal Code, imprisonment for 90 days or less, or the payment of a fine, or after having been directed to pay a fine, defaults in the payment thereof, and is subject to imprisonment for more than 90 days under the judgment.

(4)Is not granted probation, or was granted probation and that probation is revoked and terminated.

(b)The Division of Juvenile Justice shall accept a person committed to it prior to July 1,2021, pursuant to this article if it believes that the person can be materially benefited by its reformatory and educational discipline, and if it has adequate facilities to provide that care.

(c)A person under 18 years of age who is not committed to the division pursuant to this section may be transferred to the division by the Secretary of the Department of Corrections and Rehabilitation with the approval of the Director of the Division of Juvenile Justice. In sentencing a person under 18 years of age, the court may, until July 1, 2021, order that the person be transferred to the custody of the Division of Juvenile Justice pursuant to this subdivision. If the court makes this order and the division fails to accept custody of the person, the person shall be returned to court for resentencing. The transfer shall be solely for the purposes of housing the inmate, allowing participation in the programs available at the institution by the inmate, and allowing division parole supervision of the inmate, who, in all other aspects shall be deemed to be committed to the Department of Corrections and Rehabilitation and shall remain subject to the jurisdiction of the Secretary of the Department of Corrections and Rehabilitation and the Board of Parole Hearings. Notwithstanding subdivision (b) of Section 2900 of the Penal Code, the secretary, with the concurrence of the director, may designate a facility under the jurisdiction of the director as a place of reception for a person described in this subdivision. The director has the same powers with respect to an inmate transferred pursuant to this subdivision as if the inmate had been committed or transferred to the Division of Juvenile Justice either under the Arnold-Kennick Juvenile Court Law or subdivision (a). The duration of the transfer shall extend until any of the following occurs:

(1)The director orders the inmate returned to the Department of Corrections and Rehabilitation.

(2)The inmate is ordered discharged by the Board of Parole Hearings.

(3)The inmate reaches 18 years of age. However, if the inmate’s period of incarceration would be completed on or before the inmate’s 25th birthday, the director may continue to house the inmate until the period of incarceration is completed or until final closure of the Division of Juvenile Justice.

(d)The amendments to subdivision (c), as that subdivision reads on July 1, 2018, made by the act adding this subdivision, apply retroactively.

Notes of Decisions

Cited in 30 cases (1 in the last 5 years), 1963–2021 · leading case: People v. Pearson, 721 P.2d 595 (Cal. 1986).

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People v. Pearson, 721 P.2d 595 (Cal. 1986). · cites it 2× “5, provides that a person under 21 years of age who is convicted of a public offense is eligible for commitment to and treatment in the CYA unless, inter alia, he has been "sentenced to ... imprisonment for life.”

People v. King, 851 P.2d 27 (Cal. 1993). · cites it 2× “[2] As it now reads in pertinent part, Welfare and Institutions Code section 1731.”

In Re Jeanice D., 617 P.2d 1087 (Cal. 1980). · cites it 2× “Section 1700 recites that the purpose of the act is "to protect society more effectively by substituting for retributive punishment methods of training and treatment directed toward the correction and rehabilitation of young persons found guilty of public offenses.”

People v. Bustos, 94 Cal. Daily Op. Serv. 2485 (Cal. Ct. App. 1994). · cites it 2× “” 6 Welfare and Institutions Code section 1731.”

People v. Yates, 669 P.2d 1 (Cal. 1983). · cites it 2× “The controlling statute, Welfare and Institutions Code section 1731.”

People v. Garcia, 115 Cal. App. 3d 85 (Cal. Ct. App. 1981). · cites it 2× “” However, Welfare and Institutions Code section 1731.”

People v. Reynolds, 116 Cal. App. 3d 141 (Cal. Ct. App. 1981). · cites it 2× “Nonetheless, he urges that because CYA commitment is "custodial" he is entitled to such credit.”

People v. Wells, 149 Cal. App. 3d 721 (Cal. Ct. App. 1983). · cites it 2× “Welfare and Institutions Code section 1731.”

People v. Superior Court (Flores), 214 Cal. App. 3d 127 (Cal. Ct. App. 1989). “” Welfare and Institutions Code section 1731.”

People v. Kearns, 97 Cal. Daily Op. Serv. 4598 (Cal. Ct. App. 1997). “The Department of Corrections is ordered to transfer Kearns to the custody of the California Youth Authority in accordance with *1138 Welfare and Institutions Code section 1731.”

People v. Seals, 93 Cal. Daily Op. Serv. 2675 (Cal. Ct. App. 1993). · cites it 2× “) Welfare and Institutions Code section 1731.”

People v. Avila, 138 Cal. App. 3d 873 (Cal. Ct. App. 1982). “) Welfare and Institutions Code section 1731.”

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