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Juvenile Defense-New WIC 602 Rules of Court effective 7/1/23

There are new and amended Welfare & Institutions Code section 602 Rules of Court which are effective as of July 1, 2023, including:

  • Deletion of language referring to DJJ, which fully closes 6/30/23
  • Further clarification that youth defenders’ ethical obligation is expressed-interests representation, not best interests, consistent with WIC §634.3 (Rule 5.663)
  • Rule governing secure track commitments, Individual Rehabilitation Plans, and six-month SYTF reviews (Rule 5.804)
  • Rule establishing a “matrix” for secure track commitments, including establishing a baseline range of years for every SYTF-eligible offense; factors for the court to consider in establishing the baseline; and reducing the baseline at six-month reviews (Rule 5.806, with an excellent Advisory Committee Comment)
  • Six month review process, including baseline time cuts, “step downs” to less restrictive programs, and violations (Rule 5.807)
  • SYTF discharge hearings, including baseline extensions under the “substantial risk of imminent harm to others” standard, and probation violations after discharge (Rule 5.808)

You can find a summary of these rules HERE.