SB 0264 Amends provisions regarding dual jurisdiction sentencing of juvenile criminal cases
LR Number:L1215.02C Fiscal Note:1215-02
Committee:Civil and Criminal Jurisprudence
Last Action:04/20/99 - HCS Reported Do Pass H Civil & Administrative Law Journal page:H1370
Title:HCS SB 264
Effective Date:August 28, 1999
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Current Bill Summary

HCS/SB 264 - This act amends various provisions regarding dual jurisdiction disposition of criminal cases when the defendant is less than seventeen. In such cases, a court may simultaneously suspend the execution of the adult sentence and impose a juvenile disposition. The court retains jurisdiction over the offender throughout the disposition of the case.

If an offender violates the conditions of the suspended sentence, the court shall revoke the suspension of the adult sentence and direct that the offender be taken into custody of the Department of Corrections, direct that the offender be placed on probation, or direct that the offender remain in the custody of the Division of Youth Services with consent of the Division. The offender shall not remain in the Division's custody after reaching age twenty-one.

If an offender violated a condition of the suspended sentence, commits a new offense, or is determined to be beyond the scope of the Division's treatment program, the Division Director or designee may issue a warrant for the offender's arrest, pending a hearing. A warrant may also be issued for the arrest of any offender who has escaped or run away from the Division's custody.

The act also deletes the provision allowing disqualification of a guardian ad litem in proceedings involving child custody.