|HB 0174||Juvenile Crime and Crime Prevention Bill|
|Sponsor:||SMITH (11)||Handling House Bill:||CASKEY|
|Last Action:||06/12/95 - Signed by Governor (w/EC)|
|Title:||CCS/SS/SCS/HB 174; HCS/HB 325|
|Effective Date:||August 28, 1995|
CCS/SS/SCS/HB 174, HCS/HB 325, & HCS/HB 326- This act provides for prevention of juvenile crime and for hearings and detention procedures for juvenile offenders.
CERTIFICATION - The juvenile court may order a certification hearing and may certify a child between the ages of twelve and seventeen if that child is alleged to have committed an offense which would be a felony if committed by an adult. The court shall order a hearing in the case of a child of any age who is alleged to have committed the following crimes: 1) first degree murder; 2) second degree murder; 3) first degree assault; 4) forcible rape; 5) forcible sodomy; 6) first degree robbery; or 7) distribution of drugs. A child of any age shall also have a certification hearing if he has committed two or more prior offenses which would be felonies if committed by an adult. In all certification hearings, the court shall consider the age of the child and racial disparity in certification as factors. The prosecutor shall have access to all investigative reports and dispositional records of a child who is adjudicated delinquent. The prosecutor may testify as to the likelihood of prosecution of a child who is the subject of a certification hearing.
If a child is certified and convicted, the court may invoke the dual jurisdiction of the juvenile and criminal codes. This allows the court to sentence the child to the Division of Youth Services and suspend an adult sentence. If a child is found not guilty, the juvenile court shall have jurisdiction over any later offense until the child is certified for that later offense.
CUSTODY OF THE CHILD - Police shall take, without the approval of the juvenile judge, fingerprints and photographs of children taken into custody for offenses that would be considered felonies if committed by adults. While in custody, children will be separated by sight and sound from adult prisoners. Beginning January 1, 1996, the court may set forth a minimum period during which the child shall remain in the custody of the Division of Youth Services.
JUVENILE PROCEEDINGS AND RECORDS - Juvenile court proceedings shall be closed to the public except in cases where the child is accused of conduct which would be considered an A or B felony if committed by an adult, or a C felony if the child has previously been adjudicated of committing two or more acts which would be A, B or C felonies if committed by an adult.
Juvenile records shall be closed and may only be open in certain cases without court order. The juvenile officer is authorized at any time to provide information concerning the child and the violation to law enforcement, school officials, prosecuting attorneys, or any person or agency charged with care of the child. The officer may also release any information that does not reveal the identity of the child or the child's family to the public.
Records of a proceeding in which a child has been adjudicated delinquent shall be open to the same extent as records of an adult felony offense. However, information consisting of social summaries and status reports submitted to the court by an agency treating the child after his adjudication shall remain closed and may only be open by court order.
Law enforcement agencies shall keep a confidential record of the time a child less than 17 is taken into and released from custody.
TREATMENT OF OFFENDERS - The Department of Corrections (DOC) shall establish treatment programs for offenders under age seventeen who have been convicted by a court of general jurisdiction. By January 1, 1998, these programs shall include physical separation from offenders who are seventeen or older. The Division of Youth Services (DYS) shall establish community work programs for children age 14-18 who are committed to the Division. This is taken from SB 351.
If DYS shows cause, it may retain custody of a child until his twenty-first birth date.
YOUTH OPPORTUNITIES AND VIOLENCE PREVENTION - Local governments may form partnerships with school districts to establish crime prevention programs through the Missouri Crime Information Center. This is taken from SCS/SB 266.
Certain provisions of this act shall be known as the Youth Opportunities and Violence Prevention Act. Section 32.115 increases the maximum number of tax credits allowed in a fiscal year to twenty million dollars, six million of which shall be allowed pursuant to this act.
Any taxpayer shall be allowed a tax credit of thirty percent for property contributions and fifty percent for money contributions of the amount contributed to the following programs: 1) an adopt-a-school program; 2) a program to get high school dropouts to reenter school; 3) employment programs for youth; 4) youth clubs; 5) apprenticeship programs; 6) mentor programs; 7) programs to make founding documents of the United States accessible; 8) drug and alcohol abuse prevention; 9) donating resources to schools for troubled youth; 10) youth activity centers; 11) mediation programs; and 12) youth outreach counseling programs. The organization conducting such programs must be approved by the Department of Economic Development (DED). The tax credit is limited to $200,000 per year per taxpayer and may not exceed the taxpayer's tax liability for that year. The tax credit shall go into effect after December 31, 1995.
The Department of Health (DOH) shall develop program materials to be used by school districts which will emphasize: 1) nonviolence in conflict resolution; and 2) moral and ethical decision-making.
The Youth Opportunities and Violence Prevention Fund is established and shall be administered by the Department of Economic Development (DED). An advisory committee appointed by the Director of DED shall establish program criteria and evaluation methods for tax credits which shall measure program effectiveness and outcomes. Proposed programs in high crime and poverty areas will have priority. Finally, the committee shall support programs to generate self-esteem and self-reliance among youth. DED shall develop a data base listing all participating and related programs. DED may monitor all moneys it assigns and may withdraw funds from an entity or program. The funds assigned to a program may not exceed fifteen percent of the total funds and administrative costs may not exceed ten percent of the total funds. An entity misusing funds shall be required to pay such funds back to DED. The State Auditor may conduct an audit of the utilization of all funds.
STATE COURTS ADMINISTRATOR - This act requires the State Courts Administrator to: 1) evaluate juvenile courts by establishing performance standards; 2) develop standards for training all new juvenile court personnel; 3) develop standards for continuing education for existing juvenile court personnel; 4) develop a process to evaluate outcomes; 5) develop an assessment form to classify juveniles; and 6) develop guidelines for juvenile court judges to use in determining length of stay guidelines for juvenile offenders. These standards shall be developed considering racial disparities in the juvenile justice system.
The juvenile court shall: 1) provide outcome data for youth receiving services to the State Courts Administrator; 2) require new court personnel to have orientation training; and 3) require existing personnel to have continuing training. The State Courts Administrator and the Departments of Social Services, Mental Health, and Health shall coordinate their information systems to track individual children.
The Juvenile Court Personnel Advisory Commission is hereby created in the Office of Administration. The Commission shall be appointed by the Governor. By July 1, 1996, the Commission shall present a report to the Governor. The Commission provisions shall expire July 1, 1996.
MISCELLANEOUS - A juvenile court adjudication may be used in a subsequent proceeding to affect the credibility of that person as a witness. Such adjudication must occur within three years of the subsequent proceeding.
A school board may suspend a pupil on a finding that the pupil has been charged for a felony offense by a court of general jurisdiction. The board must first conduct a hearing and notify the parents or custodians of the child (SB 225). A school district that receives children assigned to it from the Department of Social Services or the Department of Mental Health may bill back the school district where the child lives (SB 467).
The parent or guardian may be made a party to a case where the juvenile court has jurisdiction pursuant to section 211.031. The court may require the parent or guardian to participate in counseling or treatment to carry out the purposes of the Juvenile Code.
A Juvenile Court Assistance Fund is established to fund benefits for certain juvenile court positions. A grievance procedure is established for employees of the family or juvenile court.
DYS may establish a pilot program that establishes youth homes for at risk youth from the St. Louis and Kansas City metropolitan areas between the ages of seven and seventeen. This provision has an emergency clause. This provision shall terminate on August 28, 2000.
Certain compensation for victims of crimes is increased.
See Truly Agreed To HS/HCS/SB 268.