Cal. Rules of Court, rule 5.768 · Article 2. Hearing on Transfer of Jurisdiction to Criminal Court
Report of probation officer
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Contents of report (§ 707)
The probation officer must prepare and submit to the court a report on the behavioral patterns and social history of the youth being considered. The report must include information relevant to the determination of whether the youth should be retained under the jurisdiction of the juvenile court or transferred to the jurisdiction of the criminal court, including information regarding all of the criteria in section 707(a)(3). The report must also include any written or oral statement offered by the victim pursuant to section 656.2.
(b) Recommendation of probation officer (§§ 281, 707)
If the court, under section 281, orders the probation officer to include a recommendation, the probation officer must make a recommendation to the court as to whether the youth should be retained under the jurisdiction of the juvenile court or transferred to the jurisdiction of the criminal court.
(c) Copies furnished
The probation officer's report on the behavioral patterns and social history of the youth must be furnished to the youth, the parent or guardian, and all counsel at least two court days before commencement of the hearing on the motion. A continuance of at least 24 hours must be granted on the request of any party who has not been furnished the probation officer's report in accordance with this rule.
Notes and commentary — not rule text
History
(Subd (a) amended effective January 1, 2023; previously amended effective January 1, 2007, and previously amended effective May 22, 2017.)
(Subd (b) amended effective January 1, 2023; previously amended effective January 1, 2007; previously amended effective May 22, 2017.)
(Subd (c) amended effective January 1, 2023; previously amended effective January 1, 2007; previously amended effective May 22, 2017.)
Rule 5.768 amended effective January 1, 2023; adopted as rule 1481 effective January 1, 1991; previously amended and renumbered effective January 1, 2007; previously amended effective May 22, 2017.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/five/rule5_768
- Text hash
- sha256 fdba472f5e2bc8ce7adcf0d17c4665061617dec9ab22c3e4b4af1f6eb0a08172
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
- The Judicial Council's PDF of Title 5 (last modified July 20, 2026) prints this rule differently: this page prints “amp;amp;#39”, which the PDF does not; this page prints “amp;amp;#39”, which the PDF does not. The rule page's text is shown.
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California Rules of Court
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