Rule 5.800.Deferred entry of judgment

Deferred entry of judgment lets a child admit a felony allegation, complete a period of supervised conditions, and have the petition dismissed and the records sealed. Six eligibility requirements gate it: the child is 14 or older at the hearing on the application; the offense is not on the statutory serious-offense list; the child has not previously been declared a ward for a felony; has not previously been committed to the Division of Juvenile Justice; has not had probation revoked before completion in any earlier wardship; and meets the Penal Code eligibility standards.

The prosecutor does the screening. Before filing a felony petition, or as soon as possible after, they review the file and — where the requirements are met — file form JV-750 with the petition. Where the child is not eligible, the same form is completed and given to the court, the child and the child’s attorney. The court may grant deferred entry of judgment where it finds the child eligible and suitable and likely to benefit from education, treatment and rehabilitation.

The custodial parent, guardian or foster parent is cited on form JV-751, personally served at least 24 hours before the appearance hearing.

The court can act without a hearing. If the child admits every allegation as charged and waives a speedy disposition hearing, the court may summarily grant deferral. Otherwise it may order a probation report — covering the child’s age, maturity, education, family relationships, motivation, treatment history and any other factor bearing on the benefit they would derive, plus the programs best suited to the child and family — delivered to the court, the child, the prosecutor and the child’s attorney at least 48 hours before the hearing, excluding noncourt days.

At the hearing the court considers the prosecutor’s declaration, any probation report and recommendations, and anything else relevant from the child or other interested parties. If the child consents, they must enter an admission under the ordinary admission rules — a no contest plea will not do — and must waive a speedy disposition hearing.

The court then sets a progress review and a date for probation to report on the child’s adherence to the conditions. That date may be anywhere within 36 months, but dismissal cannot be considered until at least 12 months have passed. Search-and-seizure conditions are mandatory; the court may also order conditions on education, treatment, alcohol and drug testing where appropriate, curfew and school attendance, restitution, and anything else consistent with the child’s needs and what led to the conduct.

At twelve months, on the progress report, the court may find satisfactory compliance — dismissing the petition, sealing the records and vacating the review — or confirm the review hearing and decide there between dismissal and lifting the deferral for a disposition hearing.

Failure to comply is handled in graded steps. A misdemeanor, or more than one on a single occasion, may bring a hearing within 15 court days. A felony, two or more misdemeanors on separate occasions, a declaration that the child is not complying or that the conditions are not helping, or the court’s own motion brings one within 10 court days — and a felony or repeat misdemeanors bring a disposition hearing within 10 court days.

One protection runs through all of it: the child’s admission under a deferred entry of judgment does not amount to a sustained petition unless judgment is actually entered. Where it is, the court must report the child’s complete criminal history to the Department of Justice.