ORDER OF ADJUDICATION Under present law, the disposition of a child and evidence identified in a hearing in juvenile court may not be used against the child in any proceeding in any court other than juvenile court, whether before or after reaching majority, except in (i) dispositional proceedings after conviction of a felony for the purposes of a pre-sentence investigation and report, (ii) a proceeding pursuant to the suspension or revocation of license, or (iii) in a criminal prosecution for a violation relative to restrictions on possessing and purchasing firearms following adjudication. This bill adds that such disposition and evidence may also be used in pretrial reports used to set bonds. CONFIDENTIALITY Under present law, except in cases arising under juvenile traffic offenders, all files and records of the court in a proceeding relative to certain violent offenders are open to inspection by a court, its probation, other officials or professional staff, and the attorney for the defendant for use in preparing a presentence report in a criminal case in which the defendant is convicted and who was a prior party to the proceeding in juvenile court. This bill adds such files and records are also open to such persons for the purpose of setting bonds. BAIL FACTORS Under present law, in determining the amount of bail necessary to reasonably assure the appearance of the defendant, while at the same time protecting the safety of the public, the magistrate must consider the defendant's prior criminal record and the likelihood that the defendant will pose a risk of danger to the community. This bill adds that the magistrate must also consider the defendant's prior juvenile record. ON MARCH 3, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 221, AS AMENDED. AMENDMENT #1 makes the following revisions:  Provides that the exception for pretrial reports used to set bonds is only allowed if the juvenile court adjudication occurred within the previous five years.  Clarifies that the provision requiring a magistrate to consider the defendant's prior juvenile record when determining the amount of bail necessary to reasonably assure the appearance of the defendant, while at the same time protecting the safety of the public, "juvenile record" means the juvenile court record. ON APRIL 22, 2025, THE HOUSE SUBSTITUTED SENATE BILL 221 FOR HOUSE BILL 34, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 221, AS AMENDED. AMENDMENT #2 makes the same changes as Senate Amendment #1.

Statutes affected:
Introduced: 37-1-133, 37-1-153, 40-11-118