(a) Prior to sentence and after considering a recommendation on the issue which shall be made by the probation department, the court of criminal jurisdiction may remand the minor to the custody of the Division of Juvenile Justice for a period not to exceed 90 days for the purpose of evaluation and report concerning the minor’s amenability to training and treatment offered by the Division of Juvenile Justice. If the court decides not to remand the minor to the custody of the Division of Juvenile Justice, the court shall make a finding on the record that the amenability evaluation is not necessary. However, a court of criminal jurisdiction shall not sentence any minor who was under 16 years of age when the minor committed any criminal offense to the state prison unless the minor has first been remanded to the custody of the Division of Juvenile Justice for evaluation and report pursuant to this section.
The need to protect society, the nature and seriousness of the offense, the interests of justice, and the needs of the minor shall be the primary considerations in the court’s determination of the appropriate disposition for the minor.
(b) This section shall not apply where commitment to the Division of Juvenile Justice is prohibited pursuant to Section 1732.6.
(c) This section shall become inoperative on July 1, 2021, and, as of January 1, 2022, is repealed.
(Amended by Stats. 2021, Ch. 18, Sec. 6. (SB 92) Effective May 14, 2021. Section inoperative July 1, 2021, by its own provisions. Repealed as of January 1, 2022, by its own provisions.)