Present law provides that a child 16 years of age or older, who escapes from a youth center commits a Class A misdemeanor, and that the superintendent of the youth center, with the approval of the commissioner of children's services, may certify to the district attorney general in the district in which the escape was effected, that the escape has occurred and the facts relating thereto. In such cases, present law provides that the child may be prosecuted as an adult in the court having jurisdiction of the offense.
For other offenses, present law provides that, after a petition has been filed alleging delinquency based on conduct that is designated a crime or public offense under the laws of this state, the court may transfer the child to the sheriff of the county to be held and dealt with as an adult in the criminal court of competent jurisdiction. Present law further provides that the disposition of the child must be conducted as if the child were an adult if certain circumstances exist, one such circumstance being the age of the child and offense charged. Under present law, those ages and offenses are as follows:
(1) The child was less than 14 years of age at the time of the alleged conduct and charged with first degree murder or second degree murder or attempted first or second degree murder;
(2) The child was 14 years of age or more but less than 17 years of age at the time of the alleged conduct and charged with the offense of first degree murder, second degree murder, rape, aggravated rape, rape of a child, aggravated rape of a child, aggravated robbery, especially aggravated robbery, aggravated burglary, especially aggravated burglary, kidnapping, aggravated kidnapping, especially aggravated kidnapping, commission of an act of terrorism, carjacking, or an attempt to commit those offenses;
(3) The child was 16 years of age or more at the time of the alleged conduct and charged with the offense of robbery or attempt to commit robbery; or
(4) The child was 17 years of age or more at the time of the alleged conduct.
This bill alters (3) to provide instead that the child was either charged with robbery, or attempt to commit robbery, or was charged with the escape from a youth development center approved, certified, or licensed by the department of children's services. This bill also alters the present law by requiring, instead of making it optional for, the superintendent of the youth development center to notify the district attorney general in the district in which an escape was effected that the escape has occurred and the facts relating thereto, without needing the approval of the commissioner of children's services.

Statutes affected:
Introduced: 37-1-134, 37-5-206