Rule 5.766.General provisions

Division 3. Juvenile Rules · Chapter 13. Cases Petitioned Under Sections 601 and 602 · Article 2. Hearing on Transfer of Jurisdiction to Criminal Court · Last amended 2023 · Last verified September 10, 2026

In one sentenceRule 5.766 sets out when a youth may be considered for transfer to criminal court, the notice required, and the timing of the transfer hearing.

Full Text of Rule 5.766

Text sizeJump to: (a) (b) (c) (d)

(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.

(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.

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 child youth [sic] subject to transfer as set forth in subdivision (a).

(d) Time of transfer hearing—rules 5.774, 5.776

The 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.

End

Plain-English Summary

A youth facing a delinquency petition who was 14 or older at the time of an alleged felony may be considered for prosecution as an adult. The prosecutor moves to transfer, and only two circumstances allow it: the youth was 14 or 15 at the time of an offense on the statutory list and was not apprehended before juvenile court jurisdiction ended, or the youth was 16 or older at the time of the alleged felony.

Notice of the transfer hearing must be given at least five judicial days beforehand, and in no case after jeopardy has attached.

On the youth’s motion the court must decide whether a prima facie showing has been made that the alleged offense is one that makes the youth eligible for transfer at all.

The sequence is fixed: the transfer hearing must be held and decided before the jurisdiction hearing begins. Absent a continuance or the youth’s waiver of the statutory time, the jurisdiction hearing must still begin within its own deadlines.

Frequently Asked Questions

Which youths can be transferred to criminal court?

A youth subject to a section 602 petition who was 16 or older at the time of an alleged felony — or who was 14 or 15 at the time of an offense listed in section 707(b) and was not apprehended before the end of juvenile court jurisdiction.

How much notice is required of a transfer hearing?

At least five judicial days before the hearing. In no case may notice be given after jeopardy has attached.

When must the transfer hearing happen?

Before the jurisdiction hearing begins. The court must hold the transfer hearing and rule on the request first.

Amendment History

Rule 5.766 amended effective January 1, 2023; adopted as rule 1486 effective January 1, 1991; previously amended and renumbered effective January 1, 2007; previously amended effective May 22, 2017.

(Subd (a) amended effective January 1, 2023; previously amended effective January 1, 1996, January 1, 2001, and May 22, 2017.) (Subd (b) amended effective May 22, 2017; previously amended effective January 1, 2007.) (Subd (c) amended effective January 1, 2023; adopted effective May 22, 2017.) (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.)

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

Also known as: transfer to criminal court juvenile Californiasection 707 transfer hearingfitness hearing juvenile transferprosecuted as adult juvenile transfer