After a petition has been filed alleging delinquency by a child based on conduct that is designated a crime or public offense under the laws, including local ordinances, of this state, this bill requires a court to transfer the child to the sheriff of the county to be held and dealt with as an adult in the applicable criminal court of competent jurisdiction before hearing the petition on the merits. This bill requires the child to be managed as if the child were an adult if all of the following conditions are met:  The child was 16 at the time of the alleged conduct.  The child has a prior adjudication of delinquency for any offense.  The court finds there is probable cause to believe that the child committed the delinquent act as alleged and the child is not committable to an institution for the developmentally disabled or mentally ill. This bill requires that a hearing to determine if these provisions have been met must conform with the laws of this state. This bill also requires reasonable notice in writing of the time, place, and purpose of the hearing be given to the child, the child's parent, guardian, or other custodian at least 14 days prior to the hearing.

Statutes affected:
Introduced: 37-1-134, 37-1-134(c), 37-1-159(d)(2), 37-1-159, 37-1-131