SB 0040 Juvenile crimes
Committee:CIVILR Number:S0105.06P
Last Action:03/02/95 - Referred H Science, Technology & Critical Issues Committee
Title:SCS/SB 40, 267, 262, 59, 6 & 1
Effective Date:Emergency Claus
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Current Bill Summary

SCS/SBs 40, 267, 262, 59, 6, & 19 - This substitute pertains to juvenile crimes.

Juvenile Court Jurisdiction: The juvenile court retains jurisdiction until the child has attained twenty-one years of age. In cases where the Division of Youth Services (DYS) has received the child, jurisdiction can be returned to the court through a request of the court or upon a petition and showing of just cause by the DYS.

Upon a motion to dismiss to allow prosecution under general law, the local prosecuting attorney shall be given a copy of the motion. The prosecuting attorney shall have access to the records, and has the right to be present and testify at the hearing on the motion. This testimony may not subsequently be used as evidence.

Certification: If the petition alleges that any child has committed acts, which if committed by an adult would constitute: 1) first or second degree murder; 2) first degree assault; 3) forcible rape; 4) forcible sodomy; 5) first degree robbery; 6) distribution of drugs; or 7) two unrelated felonies, the petition may be dismissed and the child may be transferred and prosecuted under general law. Upon dismissal and transfer of a child to the court of general jurisdiction based on these charges, the juvenile court's jurisdiction is forever terminated. The law prohibiting conviction of a child less than fourteen is repealed. The prosecuting attorney may petition the juvenile court for dismissal and transfer of such cases. The age of the child will be a factor in all certification proceedings. If there is little chance of prosecuting an offense in the circuit court, the prosecuting attorney may decline to prosecute and the juvenile court may reacquire jurisdiction.

Assessment and Intake of Juveniles: The juvenile officer shall assess any child referred to the juvenile court and report such assessment to the court. Police may take fingerprints and photographs of a child who allegedly committed an "adult" misdemeanor or felony without the consent of the juvenile judge. Such prints and photos shall be closed records if no charges are filed within thirty days after the child is taken into custody. If no charges are filed within one year, such records shall be expunged. DYS shall review juvenile assessments to make recommendations on the equity of assessments.

Beginning January 1, 1996 the court may place the child within DYS for a certain minimum time period. DYS shall promulgate length of stay guidelines and shall not release such a child before this length of stay is completed unless the court orders otherwise. If a facility exceeds ninety-eight percent capacity, the Director of DYS may order the conditional release of those children, prior to the end of their length of stay, who do not pose a risk to the community. Children who have committed dangerous or felony offenses shall not be released prematurely under this provision.

Juvenile Records: Certain state agencies with direct interest in a case may obtain information about any juvenile proceeding. However, juvenile proceedings shall be closed to the public unless the child is charged with an offense which if committed by an adult would be a Class A, B, or C felony or involves property destruction of more than seven hundred fifty dollars. The court may still close these proceedings if the juvenile has had no previous contact with the juvenile court or would be more likely to reoffend due to an open hearing.

Once a child has been certified, proceedings involving that child shall be open to the public to the same extent that other criminal proceedings are open to the public, unless ordered closed by the court. Social histories, psychological evaluations, or treatment progress reports shall be closed records.

All juvenile records made by law enforcement shall be kept separate and shall not be open to inspection except by court order. This does not apply to records of children prosecuted under the general law. "Records" include fingerprints and photographs of the juvenile.

Nothing in this act prevents the release of general information regarding the offense, substance of the petition, status of the proceedings or any other information which does not specifically or inferentially identify the child.

Division of Youth Services: An offender below age seventeen may be transferred to DYS, if the Directors of DYS and the Department of Corrections (DOC) agree. DYS custody shall continue until the offender's sentence is served, his seventeenth birthday, or the Directors of DYS and DOC agree that custody should be transferred to DOC. Children placed in DOC pursuant to such an agreement shall be physically separated from offenders over seventeen by January 1, 1998.

Any child may be committed to the custody of DYS from a juvenile court in certain instances. No child shall be kept in DYS beyond age eighteen except upon a showing of just cause in which case the child may be held by DYS until age twenty-one.

DYS shall develop and establish community work programs for juvenile offenders between the ages of fourteen and eighteen. An offender shall not work in such a program if he has been convicted of a violent crime. These programs may involve coordination between various departments.

Pilot Program for At Risk Boys: A pilot program is hereby established for at risk boys between the ages of seven and seventeen. Children may be referred by: 1) the Director of DYS; 2) a public school; or 3) parents or a guardian. This provision contains an emergency clause and a termination clause.

Impeachment: Any witness in any court proceeding may be impeached if he has previously been adjudicated for an offense which would be a misdemeanor or felony if committed by an adult. The adjudication or release from court-ordered placement must be within three years of the commission of the primary offense.