Cal. Codes » Welfare and Institutions Code / DIVISION 2. CHILDREN / PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT / CHAPTER 2. Juvenile Court Law / ARTICLE 17. Wards—Hearings
California Codes

Cal. Welfare and Institutions Code § 707.2 (2026)

✓ current as of May 2026
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Notwithstanding a finding made pursuant to paragraph (3) of subdivision (a) of Section 707 that a minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court, if the court, during a transfer hearing pursuant to Section 707, receives evidence that the minor was trafficked, sexually abused, or sexually battered by the alleged victim prior to or during the commission of the alleged offense, the minor shall be retained under the jurisdiction of the juvenile court unless the court finds by clear and convincing evidence that the person against whom the minor is accused of committing an offense did not traffic, sexually abuse, or sexually batter the minor.

Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1976–2026 · leading case: In Re Jeanice D., 617 P.2d 1087 (Cal. 1980).
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In Re Jeanice D., 617 P.2d 1087 (Cal. 1980). · cites it 4× “) To insure that the benefits of YA commitment are made available to the qualified 16- or 17-year-old offender, Welfare and Institutions Code section 707.”
People v. Jones, 758 P.2d 1165 (Cal. 1988). · cites it 2× “[8] III Welfare and Institutions Code Section 707.”
People v. Fields, 159 Cal. App. 3d 555 (Cal. Ct. App. 1984). · cites it 4× “2 6 stated no minor could be sentenced to state prison unless he had been remanded to CYA for a diagnostic evaluation “and the court finds after having read and considered the report submitted by the Youth Authority that the minor is not a suitable subject for commitment to the…”
In Re Stanley, 62 Cal. App. 3d 71 (Cal. Ct. App. 1976). · cites it 4× “Welfare and Institutions Code section 707.”
People v. Javier A., 700 P.2d 1244 (Cal. 1985). · cites it 2× “At the date of defendant's crime and sentence, Welfare and Institutions Code section 707.”
People v. Benefield, 67 Cal. App. 3d 51 (Cal. Ct. App. 1977). · cites it 2× “2, as now in effect, would constitute the imposition upon him of ex post facto punishment.”
People v. Bustos, 94 Cal. Daily Op. Serv. 2485 (Cal. Ct. App. 1994). “*1756 Welfare and Institutions Code section 707.”
People v. Herron, 62 Cal. App. 3d 643 (Cal. Ct. App. 1976). · cites it 2× “" [11] Welfare and Institutions Code section 707.”
People v. Superior Court (Flores), 214 Cal. App. 3d 127 (Cal. Ct. App. 1989). “2 states in relevant part: “Prior to sentence, the court of criminal jurisdiction may remand the minor to the custody of the Youth Authority for not to exceed 90 days for the purpose of evaluation and report concerning his amenability to training and treatment offered by the…”
People v. Garcia, 115 Cal. App. 3d 85 (Cal. Ct. App. 1981). “” 12 Welfare and Institutions Code section 707.”
People v. Crenshaw, 177 Cal. App. 3d 259 (Cal. Ct. App. 1986). · cites it 2× “2 stated no minor could be sentenced to state prison unless he had been remanded to CYA for a diagnostic evaluation ‘and the court finds after having read and considered the report submitted by the Youth Authority that the minor is not a suitable subject for commitment to the…”
People v. Gonzales, 186 Cal. App. 3d 591 (Cal. Ct. App. 1986). · cites it 2× “Welfare and Institutions Code section 707.”
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