This bill establishes a pilot program that will authorize a juvenile court to retain jurisdiction over certain delinquent children until their 25th birthday, in certain circumstances.
Under this bill, if a child is found delinquent or pleads guilty to an offense that qualifies for transfer to an adult court, in a county in which the pilot program established by this bill is established, then the juvenile court may retain jurisdiction over the child until the child's 25th birthday and order the child to participate in the pilot program established by this bill. Under the pilot program, the court may impose a sentence upon the child that could be imposed if the offense was committed by an adult, but may not commit the child to the custody of the department of children’s services or place the child on probation under the supervision of the department of children’s services. Any portion of the disposition imposed that extends prior to the child's 25th birthday must be stayed pending completion of requirements set forth by the court at the time of disposition.
This bill further permits that at any time prior to the child's 25th birthday, a petition may be filed requesting the court find that the child has completed all requirements under the original disposition order and that the child be placed or released. The request must make specific recommendations with respect to the child's placement. If, on review of the record, the court is of the opinion that the request is well-taken and the district attorney general has no objection, then the court may order the release or placement without a hearing. Otherwise, the court will schedule a hearing at which the department, the juvenile offender, the victim, and the state must be given an opportunity to be heard in support of or opposition to a proposed placement or release. Each party may subpoena witnesses to testify on an issue raised by the proposed placement or release. The court may ensure that orders pertaining to continued commitment, home placement, probation, or release as the court determines, are justified by the proof produced at the hearing.
The pilot program must be implemented in a county in which an authorizing resolution is approved by the county legislative body by two-thirds majority and must be paid for by local or grant funding. A county that approves the pilot program must submit a yearly report to the chairs of the judiciary committee of the senate and the criminal justice committee of the house detailing the number of persons sentenced pursuant to the pilot program, the cost of implementing the program, and other relevant information with regard to the pilot program.Statutes affected:
Introduced: 37-1-102(b)(5), 37-1-102, 37-1-131(a), 37-1-131, 37-1-134(c), 37-1-134