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Cal. Rules of Court, rule 5.795 · Article 4. Disposition

Required determinations

Verbatim from the official edition

Text — As posted by the Judicial Council of California (read October 22, 2026)

(a) Felony or misdemeanor (§ 702)

Unless determined previously, the court must find and note in the minutes the degree of the offense committed by the youth, and whether it would be a felony or a misdemeanor had it been committed by an adult. If any offense may be found to be either a felony or a misdemeanor, the court must consider which description applies and expressly declare on the record that it has made such consideration and must state its determination as to whether the offense is a misdemeanor or a felony.

(b) Physical confinement (§ 726)

If the youth is declared a ward under section 602 and ordered removed from the physical custody of a parent or guardian, the court must specify and note in the minutes the maximum period of confinement under section 726.

Notes and commentary — not rule text

History

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2003.)

(Subd (b) amended effective January 1, 2007; previously amended effective January 1, 2003.)

Rule 5.795 amended and renumbered effective January 1, 2007; adopted as rule 1494 effective January 1, 1991; previously amended effective January 1, 2001, and January 1, 2003.

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_795
Text hash
sha256 e5e5c176ea918e44e213b8149d46f850ff1f4e2a6e600abf615b817f363133de
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

Cited by 1 provision

Provisions in this library whose text cites Cal. Rules of Court, rule 5.795. Each shows the citation as that text prints it.

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.