HB 1550 Modifies provisions relating to courts

     Handler: Dempsey

Current Bill Summary

- Prepared by Senate Research -


SS/SCS/HCS/HB 1550 - This act modifies provisions relating to courts.

JUVENILE COURTS

This act expands the jurisdiction of juvenile courts to include individuals who are over seventeen years of age but not yet eighteen years of age, for the sole purpose of status offenses, by modifying the definitions of "child," "adult," and "status offense."

All law enforcement officers, juvenile officers, school personnel, or court personnel shall have civil and criminal immunity from liability for any action taken or failure to take action involving a minor child who remains under the jurisdiction of the juvenile court if such action is based on a good faith belief by such officer or personnel that the minor child is not under the jurisdiction of the juvenile court.

The provisions relating to extension of the juvenile court's jurisdiction shall not take effect until such time as appropriations by the general assembly for additional juvenile officer full-time equivalents and deputy juvenile officer full-time equivalents shall exceed by 1.9 million dollars the amount spent by the state for such officers in fiscal year 2007 and appropriations by the general assembly to single first class counties for juvenile court personnel costs shall exceed by 1.9 million dollars the amount spent by the state for such juvenile court personnel costs in fiscal year 2007.

This act also provides that the office of state courts administrator shall conduct a study and report to the general assembly by June 30, 2009, on the impact of changing the definition of child as required under this act. The report shall contain information regarding the impact on caseloads of juvenile officers, including the average increase in caseload per juvenile officer for each judicial circuit, and the number of children affected by the change in definition.

These provisions are substantially similar to SCS/SB 1054(2008).

DRUG COURTS

In addition, current law provides that compensation for the drug court commissioner in Jackson County shall be reimbursed from the proceeds of the county's antidrug sales tax, and that the county must reimburse the state for the actual costs of the salary and benefits of the commissioner. This act provides that the compensation for the commissioner shall be paid out of the same source as compensation for all other drug court commissioners in this state.

PROBATION SERVICES

This act provides that other court-approved entities, in addition to private entities, may act as misdemeanor probation offices pursuant to a contract with the circuit judges in cases where the board of probation and parole is not required to provide services.

This provision is substantially similar to HB 2285 (2008).

JAILERS

This act gives jailers the power to serve civil process and arrest warrants on persons who surrender themselves to a jail facility as well as those who are already in the custody of the facility at which the jailer is employed.

Under the rules and regulations of the sheriff, employees designated as jailers may carry firearms when necessary for the proper discharge of their duties as jailers. Such authorized persons shall have the same power granted to other law enforcement officers to arrest escaped prisoners and apprehend persons aiding and abetting such escape while in the custody of the sheriff.

These provisions are identical to SB 1097 (2008) and HB 2054 (2008).

ADRIANE CROUSE


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