California Welfare and Institutions Code
Section 602
602. (a) Except as provided in subdivision (b), any person who is
under the age of 18 years when he or she violates any law of this
state or of the United States or any ordinance of any city or county
of this state defining crime other than an ordinance establishing a
curfew based solely on age, is within the jurisdiction of the
juvenile court, which may adjudge such person to be a ward of the
court.
(b) Any person who is alleged, when he or she was 14 years of age
or older, to have committed one of the following offenses shall be
prosecuted under the general law in a court of criminal jurisdiction:
(1) Murder, as described in Section 187 of the Penal Code, if one
of the circumstances enumerated in subdivision (a) of Section 190.2
of the Penal Code is alleged by the prosecutor, and the prosecutor
alleges that the minor personally killed the victim.
(2) The following sex offenses, if the prosecutor alleges that the
minor personally committed the offense, and if the prosecutor
alleges one of the circumstances enumerated in the One Strike law,
subdivision (d) or (e) of Section 667.61 of the Penal Code, applies:
(A) Rape, as described in paragraph (2) of subdivision (a) of
Section 261 of the Penal Code.
(B) Spousal rape, as described in paragraph (1) of subdivision (a)
of Section 262 of the Penal Code.
(C) Forcible sex offenses in concert with another, as described in
Section 264.1 of the Penal Code.
(D) Forcible lewd and lascivious acts on a child under the age of
14 years, as described in subdivision (b) of Section 288 of the Penal
Code.
(E) Forcible sexual penetration, as described in subdivision (a)
of Section 289 of the Penal Code.
(F) Sodomy or oral copulation in violation of Section 286 or 288a
of the Penal Code, by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another person.
(G) Lewd and lascivious acts on a child under the age of 14 years, as defined in subdivision (a) of Section 288, unless the defendant qualifies for probation under subdivision (c) of Section 1203.066 of the Penal Code.
602.3. (a) Notwithstanding any other law and pursuant to the
provisions of this section, the juvenile court shall commit any minor
adjudicated to be a ward of the court for the personal use of a
firearm in the commission of a violent felony, as defined in
subdivision (c) of Section 667.5 of the Penal Code, to placement in a
juvenile hall, ranch, camp, or with the Department of the Youth
Authority.
(b) A court may impose a treatment-based alternative placement
order on any minor subject to this section if the court finds the
minor has a mental disorder requiring intensive treatment. Any
alternative placement order under this subdivision shall be made on
the record, in writing, and in accordance with Article 3 (commencing
with Section 6550) of Chapter 2 of Part 2 of Division 6.
602.5. The juvenile court shall report the complete criminal history of any minor found to be a person adjudged to be a ward of the court under Section 602 because of the commission of any felony offense to the Department of Justice. The Department of Justice shall retain this information and make it available in the same manner as information gathered pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of Part 4 of the Penal Code.
