Rule 5.770.Conduct of transfer of jurisdiction hearing under section 707

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 5.770 puts the burden of proving transfer on the prosecution by clear and convincing evidence, requires the court to explain its reasoning, and sets out how the decision is reviewed.

Full Text of Rule 5.770

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

(a) Burden of proof (§ 707)

In a transfer of jurisdiction hearing under section 707, the burden of proving that there should be a transfer of jurisdiction to criminal court jurisdiction is on the petitioner, by clear and convincing evidence.

(b) Criteria to consider (§ 707)

Following receipt of the probation officer’s report and any other relevant evidence, the court may order that the youth be transferred to the jurisdiction of the criminal court if the court finds by clear and convincing evidence each of the following:

(1) The youth was 16 years or older at the time of any alleged felony offense, or the youth was 14 or 15 years of age at the time of an alleged felony offense listed in section 707(b) and was not apprehended prior to the end of juvenile court jurisdiction; and

(2) The youth should be transferred to the jurisdiction of the criminal court based on an evaluation of all the criteria in section 707(a)(3) as provided in that section; and

(3) The youth is not amenable to rehabilitation while under the jurisdiction of the juvenile court.

If the court orders a transfer of jurisdiction to the criminal court, the court must recite the basis for its decision in an order entered on the minutes. The court must state on the record the basis for its decision, including how it weighed the evidence and identifying the specific factors on which the court relied to reach its decision. This statement must include the reasons supporting the court’s finding that the minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court.

(d) Procedure following findings

(1) If the court finds the youth should be retained within the jurisdiction of the juvenile court, the court must proceed to jurisdiction hearing under rule 5.774.

(2) If the court finds the youth should be transferred to the jurisdiction of the criminal court, the court must make orders under section 707.1 relating to bail and to the appropriate facility for the custody of the youth, or release on own recognizance pending prosecution. The court must set a date for the youth to appear in criminal court and dismiss the petition without prejudice upon the date of that appearance.

(3) When the court rules on the request to transfer the youth to the jurisdiction of the criminal court, the court must advise all parties present regarding appellate review of the order as provided in subdivision (g) of this rule. The advisement may be given orally or in writing when the court makes the ruling. The advisement must include the time for filing the notice of appeal or the petition for extraordinary writ as set forth in subdivision (g) of this rule. The court must advise the youth of the right to appeal, of the necessary steps and time for taking an appeal, of the right to the appointment of counsel if the youth is unable to retain counsel, and the right to a stay.

(e) Continuance or stay pending review

(1) If the prosecuting attorney informs the court orally or in writing that a review of the court’s decision not to transfer jurisdiction to the criminal court will be sought and requests a continuance of the jurisdiction hearing, the court must grant a continuance for not less than two judicial days to allow time within which to obtain a stay of further proceedings from the reviewing judge or appellate court.

(2) If the youth informs the court orally or in writing that a notice of appeal of the court’s decision to transfer jurisdiction to the criminal court will be filed and requests a stay, the court must issue a stay of the criminal court proceedings until a final determination of the appeal. The court retains jurisdiction to modify or lift the stay upon request of the youth.

(f) Subsequent role of judicial officer

Unless the youth objects, the judicial officer who has conducted a hearing on a motion to transfer jurisdiction may participate in any subsequent contested jurisdiction hearing relating to the same offense.

(g) Review of determination on a motion to transfer jurisdiction to criminal court

(1) An order granting a motion to transfer jurisdiction of a youth to the criminal court is an appealable order subject to immediate review. A notice of appeal must be filed within 30 days of the order transferring jurisdiction or 30 days after the referee’s order becomes final under rule 5.540(c) or after the denial of an application for rehearing of the referee’s decision to transfer jurisdiction of the youth to the criminal court. If a notice of appeal is timely filed, the court must prepare and submit the record to the Court of Appeal within 20 days.

(2) An order denying a motion to transfer jurisdiction of a youth to the criminal court is not an appealable order. Appellate review of the order is by petition for extraordinary writ. Any petition for review of a judge’s order denying a motion to transfer jurisdiction of the child to the criminal court, or denying an application for rehearing of the referee’s determination not to transfer jurisdiction of the child to the criminal court, must be filed no later than 20 days after the judge’s order is entered, or the referee’s order becomes final under rule 5.540(c).

(h) Postponement of plea prior to transfer hearing

If a hearing for transfer of jurisdiction has been noticed under section 707, the court must postpone the taking of a plea to the petition until the conclusion of the transfer hearing, and no pleas that may have been entered already may be considered as evidence at the hearing.

End

Plain-English Summary

The prosecution carries the burden, and the standard is clear and convincing evidence. Three findings are needed, each to that standard: the age and offense threshold is met; the youth should be transferred on an evaluation of all the statutory criteria; and the youth is not amenable to rehabilitation while under juvenile court jurisdiction.

If the court orders transfer, it must recite the basis in an order entered on the minutes and state on the record how it weighed the evidence and which specific factors it relied on — including the reasons supporting the finding that the youth cannot be rehabilitated in the juvenile system. A conclusion is not enough.

If the youth stays, the case proceeds to the jurisdiction hearing. If the youth goes, the court makes the statutory orders about bail and custody or release on own recognizance, sets a date for the youth to appear in criminal court, and dismisses the petition without prejudice on that date.

Either way the court must advise all parties present about appellate review — orally or in writing, including the deadline — and must advise the youth of the right to appeal, the steps and time for taking one, the right to appointed counsel if they cannot retain one, and the right to a stay.

Those stays are real. If the prosecutor says a review of a refusal to transfer will be sought and asks for a continuance, the court must grant at least two judicial days to allow a stay to be obtained. If the youth says a notice of appeal from a transfer order will be filed and asks for a stay, the court must stay the criminal proceedings until the appeal is finally determined, retaining power to modify or lift the stay at the youth’s request.

Unless the youth objects, the judicial officer who heard the transfer motion may preside over a later contested jurisdiction hearing on the same offense.

Review runs in two directions. An order granting transfer is appealable and subject to immediate review; the notice of appeal is due within 30 days of the order, or of a referee’s order becoming final or an application for rehearing being denied — and a timely notice obliges the court to prepare and submit the record within 20 days. An order denying transfer is not appealable; review is by extraordinary writ, filed no later than 20 days after the judge’s order is entered or the referee’s order becomes final.

One protection guards the plea: where a transfer hearing has been noticed, the court must postpone taking a plea until the hearing ends, and any plea already entered may not be used as evidence at it.

Advisory Committee Comment

The following comment is published by the Judicial Council of California alongside the rule itself — not commentary from this site.

Subdivision (b). This subdivision reflects changes to section 707 as a result of the passage of Senate Bill 382 (Lara; Stats. 2015, ch. 234); Proposition 57, the Public Safety and Rehabilitation Act of 2016; and Assembly Bill 2361 (Bonta, Mia; Stats. 2022, ch. 330). SB 382 was intended to clarify the factors for the juvenile court to consider when determining whether a case should be transferred to criminal court by emphasizing the unique developmental characteristics of children and their prior interactions with the juvenile justice system. Proposition 57 provided that its intent was to promote rehabilitation for juveniles and prevent them from reoffending, and to ensure that a judge makes the determination that a youth should be tried in a criminal court. Consistent with this intent, the committee urges juvenile courts—when evaluating the statutory criteria to determine if transfer is appropriate—to look at the totality of the circumstances, taking into account the specific statutory language guiding the court in its consideration of the criteria. Subdivision (c). The court must state on the record the basis for its decision. The statement of decision must fully explain the court’s reasoning to allow for meaningful appellate review. See, e.g., C.S. v. Superior Court (2018) 29 Cal.App.5th 1009. Although this rule and section 707 require the juvenile court to recite the basis for its decision only when the transfer motion is granted, the advisory committee believes that juvenile courts should, as a best practice, state the basis for their decisions on these motions in all cases so that the parties have an adequate record from which to seek subsequent review.

Frequently Asked Questions

Who must prove that a youth should be transferred?

The petitioner, by clear and convincing evidence — including that the youth is not amenable to rehabilitation while under juvenile court jurisdiction.

Does the court have to explain a transfer order?

Yes. It must recite the basis in an order entered on the minutes and state on the record how it weighed the evidence and which specific factors it relied on, including the reasons supporting the finding on amenability to rehabilitation.

Can criminal proceedings be stayed while a transfer order is appealed?

Yes. If the youth informs the court that a notice of appeal will be filed and requests a stay, the court must stay the criminal court proceedings until the appeal is finally determined. The court keeps jurisdiction to modify or lift the stay at the youth’s request.

How is a refusal to transfer reviewed?

Not by appeal. An order denying a motion to transfer is reviewed by petition for extraordinary writ, filed no later than 20 days after the judge’s order is entered or the referee’s order becomes final.

Can a plea be taken before the transfer hearing?

No. Where a transfer hearing has been noticed, the court must postpone taking a plea until the hearing concludes, and any plea already entered may not be considered as evidence at the hearing.

Amendment History

Rule 5.770 amended effective September 1, 2023; adopted as rule 1482 effective January 1, 1991; previously amended effective January 1, 1996, January 1, 2001, July 1, 2002, May 22, 2017, January 1, 2021, and January 1, 2023; previously amended and renumbered effective January 1, 2007.

(Subd (a) amended effective September 1, 2023; previously amended effective January 1, 1996, January 1, 2001, July 1, 2002, and May 22, 2017.) Subd (b) amended effective September 1, 2023; adopted as subd (b); previously amended and relettered as subd (c) effective January 1, 1996; previously amended and relettered effective January 1, 2001; previously amended effective January 1, 2007, and May 22, 2017, January 1, 2021, and January 1, 2023.) (Subd (c) amended effective September 1, 2023; adopted as subd (c); previously amended and relettered as subd (d) effective January 1, 1996; amended and relettered effective January 1, 2001; previously amended effective July 1, 2002, January 1, 2007, and May 22, 2017.) (Subd (d) amended effective January 1, 2023; adopted as subd (d); previously relettered as subd (g) effective January 1, 1996, and as subd (f) effective January 1, 2001; previously amended effective July 1, 2002, and January 1, 2007; previously relettered and amended effective May 22, 2017.) (Subd (e) amended effective January 1, 2023; adopted as subd (e); previously relettered as subd (h) effective January 1, 1996, and as subd (g) effective January 1, 2001; previously amended effective July 1, 2002, and January 1, 2007; previously relettered and amended effective May 22, 2017.) (Subd (f) amended effective January 1, 2023; adopted as subd (f); relettered as subd (i) effective January 1, 1996; previously amended and relettered as subd (h) effective January 1, 2001, and as subd (f) effective May 22, 2017.) (Subd (g) amended effective January 2, 2023; adopted as subd (g); previously relettered as subd (j) effective January 1, 1996; amended and relettered effective 1, 2001, and as subd (g) effective May 22, 2017; previously amended as subd (i) effective July 1, 2002.) (Subd (h) adopted 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 of jurisdiction hearing clear and convincingamenable to rehabilitation juvenile transferappeal transfer order juvenile Californiasection 707.1 orders after transfer