Court-ordered evaluations vary based on the case, considering multiple factors. If a juvenile case is transferred to adult court following a new juvenile transfer hearing, the adult court judge will determine whether to resentence the individual.
In making this decision, the judge must assess several key factors, including but not limited to:
- If the person was convicted pursuant to felony murder or aiding and abetting murder laws.
- Whether the person has any juvenile felony adjudications for assault or other crimes with a significant potential for harm to victims.
- Whether the person committed the offense with at least one adult codefendant.
- If, prior to the offense, the person had insufficient adult support or supervision.
- If, prior to the offense, the person suffered from psychological or physical trauma or significant stress.
- Whether the person has shown the potential for rehabilitation. This includes participating in rehabilitative, educational, or vocational programs.
- Whether the person has used self-study for improvement.
- Whether the person is remorseful.
- If the person maintains family ties or connects with others through letter writing, calls, or visits.
- Whether the person eliminated contacts with people outside of prison who are involved in crime.
- Whether there have been disciplinary actions in the last 5 years for violent actions where the person was determined to be the aggressor.
- If the person has experienced psychological, physical or childhood trauma, including any abuse, neglect, exploitation, or sexual violence.
Each case is unique, and not all factors will apply. However, when relevant, these considerations play a critical role in the resentencing process.