Present law authorizes the transfer of juveniles who are alleged to have committed a delinquent act that would be a criminal offense if committed by an adult from the juvenile court to criminal court. Such authorization is dependent on the juvenile's age and the offense alleged to have been committed. Prior to any such transfer, present law requires that the court conduct a hearing and consider certain factors to determine whether there is probable cause to believe that:
(1) The child committed the delinquent act as alleged;
(2) The child is not committable to an institution for the developmentally disabled or mentally ill; and
(3) The interests of the community require that the child be put under legal restraint or discipline.
This bill deletes from present law a statement of legislative intent that children shall not be transferred to criminal court due to a lack of appropriate resources for effective treatment and rehabilitation in the juvenile justice system.
This bill makes the transfer of a juvenile to criminal court mandatory if:
(1) The juvenile was 16 or more but less than 18 at the time of the alleged conduct;
(2) The juvenile was charged with theft of a firearm or a criminal offense that was committed while the juvenile was in possession of a firearm; and
(3) A probable cause hearing is held after proper notice is given. A court conducting a probable cause hearing under this bill will not be required to find probable cause that community interests require the child to be put under legal restraint or discipline.
The district attorney general shall not seek, nor shall any child transferred under this bill receive, a sentence of death or mandatory life without the possibility of parole for the offense for which the child was transferred.Statutes affected:
Introduced: 37-1-134(a), 37-1-134, 37-1-134(c)