782. (Amended by Stats. 2022, Ch. 970, Sec. 1.)

(a) (1) A judge of the juvenile court in which a petition was filed or that has taken jurisdiction of a case pursuant to Section 750 may dismiss the petition, or may set aside the findings and dismiss the petition, if the court finds that the interests of justice and the welfare of the person who is the subject of the petition require that dismissal, or if it finds that they are not in need of treatment or rehabilitation. The court has jurisdiction to order dismissal or setting aside of the findings and dismissal regardless of whether the person who is the subject of the petition is, at the time of the order, a ward or dependent child of the court. Nothing in this section shall be interpreted to require the court to maintain jurisdiction over a person who is the subject of a petition between the time the court’s jurisdiction over that person terminates and the point at which their petition is dismissed.

(2) (A) When exercising its discretion under paragraph (1) at the time the court terminates jurisdiction or at any time thereafter, the court shall consider and afford great weight to evidence offered by a person to prove mitigating circumstances are present, including, but not limited to, satisfactory completion of a term of probation, that rehabilitation has been attained to the satisfaction of the court, that dismissal of the petition would not endanger public safety, or that the underlying offense is connected to mental illness, prior victimization, or childhood trauma. Proof of the presence of one or more mitigating circumstances weighs greatly in favor of dismissing the petition.

(B) “Satisfactory completion of a term of probation” shall be interpreted consistent with subdivision (a) of Section 786.

(C) “Rehabilitation has been attained to the satisfaction of the court” shall be interpreted consistent with subparagraph (A) of paragraph (1) of subdivision (a) of Section 781.

(D) “Mental illness,” “childhood trauma,” “prior victimization,” and “endanger public safety” have the same meanings as defined in Section 1385 of the Penal Code.

(E) The great weight standard set forth in this paragraph shall not be applicable in cases where an individual has been convicted in criminal court of a serious or violent felony.

(F) For the purposes of subparagraph (E), a “serious or violent felony” means any offense defined in subdivision (c) of Section 667.5, or in subdivision (c) of Section 1192.7, of the Penal Code.

(G) The absence of the great weight standard under the circumstances described in this paragraph shall not affect the court’s authority under paragraph (1).