654.3. (Amended by Stats. 2023, Ch. 850, Sec. 2.)

(a) A minor shall not be eligible for the program of supervision set forth in Section 654 or 654.2 in the following cases, except where the interests of justice would best be served and the court specifies on the record the reasons for its decision:

(1) A petition alleges that the minor has violated Section 245.5, 626.9, or 626.10 of the Penal Code.

(2) A petition alleges that the minor has violated Section 186.22 of the Penal Code.

(3) The minor has previously participated in a program of supervision pursuant to Section 654.

(4) The minor has previously been adjudged a ward of the court pursuant to Section 602.

(5) (A) A petition alleges that the minor has violated an offense in which the restitution owed to the victim exceeds five thousand dollars ($5,000). However, a minor’s inability to pay restitution due to the minor’s indigence shall not be grounds for finding a minor ineligible for the program of supervision or a finding that the minor has failed to comply with the terms of the program of supervision.

(B) For purposes of this paragraph, the definition of “victim” in paragraph (1) of subdivision (a) of Section 730.6 and “restitution” in subdivision (h) of Section 730.6 shall apply.

(b) A minor shall not be eligible for the program of supervision set forth in Section 654 or 654.2 in the case of a petition alleging that the minor has violated an offense listed in subdivision (b) of Section 707, except in unusual cases where the court determines the interests of justice would be best served and the court specified on the record the reason for its decision.