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Criminal Justice

Juvenile Justice State Legislation in 2000

Criminal Justice Menu Page and Juvenile Justice Menu Page

An adobe version of this report is available to state legislators and legislative staff.

Table of Contents:

State legislation in 2000 took steps to protect public safety and the rights of juveniles who are confined and to assess and treat the mental health needs of juvenile offenders. Measures addressed conditions of confinement and practices that affect the quality of care-physical and mental-provided to residents of juvenile facilities. Legislatures continued previous years' trends by allowing agency and school access to certain juvenile records for purposes varying from penalty enhancement to the coordination of services. States also revised code provisions pertaining to transfer and extended jurisdiction and created new, blended sentencing options for certain offenders. Other states created new, prevention programs, evaluated existing programs and approved appropriations for services for at-risk youth. The appendix contains citations to and summaries of referenced legislation.

Prevention and Evaluation

Many state legislatures took preventive approaches to juvenile crime. In an innovative measure, California legislators provided for equal allocation of money spent on law enforcement and prevention programs. Specifically, the act allocates half of the $1.2 million Supplemental Law Enforcement Services Fund to counties and cities for the implementation of comprehensive and collaborative plans for juvenile crime prevention. To receive funding, each locality must include in the plan information detailing the effectiveness of proposed programs. A 1999 Louisiana enactment establishes a collaborative pilot program aimed at early intervention for juveniles who demonstrate a propensity for destructive or criminal behavior. Minnesota legislation instructs the commissioner of public safety and the executive director of the Peace Officer Standards and Training Board to study and recommend ways that law enforcement agencies can better combat the problem of juvenile prostitution.

States also will evaluate the fiscal effectiveness of existing juvenile offender programs. Using Washington's cost-effectiveness model for guidance, the Connecticut legislature created an advisory board to oversee evaluation of all juvenile programs that are designed to reduce recidivism. When evaluating existing programs, the legislature directed the board to focus on cost effectiveness, assessment methods, supervision and development of competencies and treatment services. In New Hampshire, lawmakers required the Department of Health and Human Services to conduct a study on the effectiveness of juvenile diversion programs and to publish its results every other year. Legislation in Virginia requires that community-based programs be evaluated and instructs counties and cities that are seeking to establish a community-based program to submit a plan detailing how many juveniles will be served and to what extent secure detention rates will be reduced as a result of the program. Another Virginia law directs the Department of Planning and Budget, in conjunction with the Department of Juvenile Justice, to prepare a fiscal statement projecting operating costs and necessary appropriations for any bill that would result in a net increase in periods of confinement to the Department of Juvenile Justice.

Conditions of Confinement and Correctional Programs

As reported instances of institutional abuse surfaced around the nation, legislatures addressed the need for safeguards to protect juveniles' rights when they are placed in juvenile correctional facilities. Legislatures in North Carolina, Rhode Island and South Dakota enacted measures detailing the appropriateness of restraining and secluding juvenile offenders who are housed within state or private facilities. Enactments in North Carolina and Rhode Island require that any use of physical restraints and seclusion be reported, while South Dakota prohibits restraining any juvenile who is under the Department of Correction's jurisdiction unless a specified exception applies. Another South Dakota act instructs the governor to appoint a monitor to protect minors' rights and investigate any allegation of abuse and neglect within the corrections system. Maryland created a new offense prohibiting an employee or licensee of the Department of Juvenile Justice from engaging in sexual activity with juveniles who are committed to the department. Colorado and Idaho measures continued the trend of segregating juvenile offenders in detention and correction facilities from adult correctional populations. Idaho's law also sets standards for protecting the physical and mental health of juvenile detainees.

Legislatures in 2000 scrutinized the quality of education programs offered to juvenile offenders. Florida directed the departments of juvenile justice and education to consult with other named groups to develop and fund a multi-agency plan for vocational education programs and determine the amount of funding required for the review of existing education services. Kansas' measure revised its state aid formula for school districts, providing educational services in juvenile detention facilities, while Maine mandated that educational programs operated in juvenile correctional facilities adhere to the same standards set for schools.

Treating Juveniles with Mental Illness and Drug/Alcohol Addiction

Other laws address the significant number of juvenile offenders who suffer from mental illness that often is untreated. Enactments provide sentencing options, assessment tools and information sharing to diagnose and treat juveniles. Legislatures in Arizona, Colorado and Florida provided residential or community-based sentencing options for mentally ill offenders. Arizona's measure allows the juvenile court to order residential treatment, reviewed every 60 days as part of a dispositional order. Colorado lawmakers authorized the selection of one urban and one rural site for pilot community-based, intensive treatment and supervision for mentally ill juveniles who are involved in the criminal justice system. As part of an integration of substance abuse, mental health, juvenile justice and health services, Florida's new law includes local communities in delivering effective mental health service programs.

Other legislatures focused on screening and assessment mechanisms to determine what programs are needed for particular juveniles. An enactment in Colorado provides for standardized screening mechanisms for those in the juvenile justice system who are suspected of having a mental illness. Laws in Kentucky and Virginia provide for court-ordered evaluation and assessment if a juvenile's mental health is questioned or the juvenile is referred to indeterminate commitment. Michigan requires mental health evaluations for offenses that constitute cruelty to animals or arson.

Information sharing was another tool used by states to target mental health concerns. To coordinate services and relieve duplicative efforts, Missouri and Washington authorize the release to and sharing of certain juvenile mental health records between juvenile justice and mental health agencies. Maine and Virginia lawmakers tackled the problem of drug and alcohol abuse among juvenile delinquents. Maine created substance abuse treatment programs for juvenile offenders who are committed to the Department of Corrections. In Virginia, first-time drug offenders are subject to periodic substance abuse testing, drug treatment and education.

Records/Information

States in 2000 continued the trend of allowing agency access to certain juvenile records for both punitive and nonpunitive reasons. Laws in Colorado and Utah permit access to juvenile records for firearm background checks. Another Utah enactment allows juvenile court adjudications to be used for penalty enhancement in subsequent juvenile offenses and certain adult crimes. In one measure, a Virginia law allows the release of information on juveniles charged with certain sex offenses, robbery, malicious wounding, abduction, poisoning and car-jacking, but another measure limits information release only to those who have a legitimate, treatment-related interest. Similarly, West Virginia requires courts to review certain juvenile records for relevancy and materiality before releasing them to authorized individuals. California and South Carolina allow disclosure to a juvenile's legal counsel of court documents and other records.

More states are requiring that jurisdictions obtain and keep identifying records of juveniles, including fingerprints and DNA samples. A South Carolina enactment requires juvenile offenders be photographed when held in custody or detained and fingerprinted if charged with certain offenses. Colorado also provides for the fingerprinting of juveniles charged or detained for committing a specified act and further requires that such prints be forwarded to the Colorado Bureau of Investigation. In Virginia, legislation requires the clerk of the court to forward copies of fingerprints to the jurisdiction that made the arrest and to the Central Criminal Records Exchange.

DNA sampling was extended to juveniles in an Arizona measure requiring DNA testing by detention facilities, probation departments and the Department of Juvenile Corrections of committed youths adjudicated delinquent for certain sex, dangerous weapon and bodily injury offenses. An enactment in New Jersey similarly expands the group of defendants who must provide DNA samples to include those juveniles convicted of certain homicide, assault, kidnapping and luring offenses. Laws in Colorado and Mississippi require juveniles who are adjudicated for a sex offense to provide a genetic sample. Additionally, California legislation includes on the list of offenders who must provide blood and saliva samples those individuals who are adjudicated wards of the state.

School Safety, Records

In 2000, California, Idaho and Missouri addressed weapon-related offenses on school grounds or at school-sponsored activities. California's law establishes a military academy for certain minors who have committed gun-associated offenses either at school or at school-related activities. Legislation in Idaho makes it a criminal offense for youth to possess a firearm or other deadly or dangerous weapon on school property or during school-sponsored events. Likewise, Missouri's enactment revises the crime of unlawful use of a weapon to include carrying a firearm onto school property or a school bus.

Other states addressed school safety concerns with enactments pertaining to the dissemination of information between agencies, courts and schools. Colorado lawmakers provide for information exchange between law enforcement and school principals, including truancy and disciplinary records. A separate Colorado enactment requires agreements between school boards and law enforcement officials concerning school safety and requires implementation of procedures to track alleged student criminal violations. It also requires prosecuting attorneys to notify a student's principal of any petition filed in juvenile court. Measures in Ohio, Oregon and Washington also require court notification of certain offenses. Ohio's measure requires the court to notify a school principal if the minor is charged with certain felonies and misdemeanors, while Washington mandates juvenile court notification to school principals if a minor is convicted in adult criminal court or adjudicated for certain offenses. The Oregon enactment requires school districts to be notified within 15 days if a person under age 18 is charged as an adult or waived to adult court.

States also placed notification requirements on law enforcement officials. An Iowa provision instructs law enforcement officers to notify a minor's school and parent or legal guardian if the minor violates drinking and driving laws. Virginia authorizes law enforcement officials to report to principals suspected student violations of the Drug Control Act that occur on school property. South Carolina's law requires law enforcement officers to notify school principals if a child is taken into custody for any offense or charged with a specified crime.

In 2000, legislatures in Maine, Minnesota, Missouri and Tennessee passed laws to allow schools to share certain education records with juvenile courts and juvenile justice agencies. The same Minnesota act permits school principals to notify teachers, counselors and other employees who have contact with a particular student of a student's disposition order. Washington lawmakers allow school principals to share information received from juvenile courts with school personnel who work directly with the named student.

Victim's Rights, Juvenile Sex Offenders

Legislatures in 2000 passed laws to provide victims of juvenile crime with the some of the same rights that are afforded to victims of adult crime. Legislation passed in Idaho requires victim restitution ordered at a juvenile's sentencing be paid prior to other court ordered payments. A South Carolina enactment instructs the Department of Juvenile Justice to provide victims with certain information, including incident reports regarding a charged juvenile. In Virginia, victims now are allowed in the courtroom unless the court determines that the victim's presence would deny the charged juvenile a fair trial.

Several states revisited their sexual offender registration requirements. Colorado and Rhode Island added certain juvenile offenders to the list of required registrants. Colorado's measure adds juveniles who receive a deferred adjudication for an offense constituting a sex offense to the statutory definition of sex offender for the purpose of registration. Rhode Island passed legislation requiring juveniles with one or more prior sexual convictions or an aggravated sexual conviction to register with law enforcement agencies for 15 years and quarterly update his or her address. Another Rhode Island enactment prohibits juvenile sex offender identifying information from being posted on the state's sex offender web site.

Colorado created an exception to the sex offender registry for juveniles who commit misdemeanor sexual offenses. Wisconsin also created an exception for sex offender registration for juveniles who are found in need of protection services unless they are found to have committed an act constituting a sexual offense if committed by an adult.

Treatment for juvenile sex offenders was addressed in two Colorado measures. One measure directed the state sex offender management board to develop guidelines and standards for a system of programs for treatment and monitoring juvenile sex offenders. The other requires treatment for delinquents who are sentenced to the youthful offender system and who have a history of committing sex offenses.

Adult Treatment, Extending Supervision, Blended Sentences

As in recent years, legislatures in 2000 considered at what age and for what offense juveniles should be treated as adults. Florida added to its direct file mechanism by requiring prosecutors to file criminal charges against 16- or 17-year-olds who are alleged to have committed a "forcible felony" and who have previously committed felonies on three occasions at least 45 days apart. The same direct file requirements are found in a separate measure pertaining to juveniles who are alleged to have committed a violent felony while possessing a firearm or destructive device, or to have discharged a firearm or destructive device that resulted in death or great bodily harm. The Oklahoma Legislature also supplemented its direct file procedures by allowing prosecutors to join all charges against a juvenile and charge the juvenile as an adult if at least one of the offenses constitutes a "youthful offender" offense. In another enactment, battery, assault and aggravated assault were added to the crimes for which a juvenile may be tried as an adult. A Georgia enactment added aggravated battery resulting in serious bodily harm to the list of transferable offenses for juveniles age 13 or older. In Virginia, legislation establishes a punishment of death for Class 1 felonies if the individual was age 16 or older at the time of the conviction, but life imprisonment if the individual was under age 16.

For treatment and public safety purposes, legislatures have extended juvenile justice agency jurisdiction over certain juvenile offenders. Florida extended juvenile courts' jurisdiction to include 22-year-olds for the purpose of placing an individual in a conditional release program. An Oklahoma act authorizes the Department of Juvenile Justice to extend jurisdiction over a youthful offender until he or she reaches age 20.

Several states approved a blended sentencing option for certain juvenile offenders. These provisions often suspend an adult sentence and impose the juvenile sentence. If the youth complies with the juvenile sanction, the adult sentence will be vacated. With one blended sentencing option already, Idaho lawmakers provided another to district court judges by permitting a suspended adult sentence while placing the juvenile in the juvenile justice system. A Virginia enactment also permits circuit courts to impose an adult sentence on juveniles and suspend the sentence conditioned upon successful completion of terms set by the juvenile court.

Providing Weapons to Juveniles

Colorado and Georgia enactments seek to prevent weapons from falling into the hands of juveniles. Colorado lawmakers made it a Class 1 misdemeanor to provide, sell, rent or allow possession of a firearm, other than a handgun, to any juvenile, without parental or guardian consent. Another measure amends the crime of unlawfully providing a handgun to a juvenile by including a defense that the defendant believed that, by attempting to disarm the juvenile, he or she would be physically harmed. The Georgia legislature increased to three years the minimum prison term for selling or furnishing a revolver to a minor or for any parent or legal guardian who permits a minor to possess a pistol or revolver.

Appendix. Citations to, Summaries of Referenced Legislation

Administrative/General

Increases the current apportionment for certain programs under the High-Risk Youth Education and Public Safety Program.

Requires an evaluation of the Regimented Juvenile Training Program.

Creates the Commission on Racial and Ethnic Disparity. Requires commission to develop a juvenile justice plan that includes risk assessment policies and confinement alternatives for nonviolent minority offenders.

Creates an advisory board to oversee evaluation of all juvenile programs designed to reduce recidivism. Focuses on cost effectiveness, assessment methods, supervision, promotion of work ethic, education skills and competencies, and delivery of treatment services.

Creates a three-year pilot program that requires monitoring specific juvenile offenders on community control, as recommended by the Department of Juvenile Justice.

Gives additional duties to the secretary of juvenile justice, including monitoring all state-funded initiatives that are designed to prevent delinquency or status offense behaviors, in order to further the goals of the state comprehensive plan. Establishes new departments within the Department of Juvenile Justice and makes technical changes regarding juvenile court proceedings.

Gives the commissioner certain powers similar to guardians and parents over juvenile clients and detainees younger than age 18. Gives the commissioner the option of placing a juvenile client on aftercare status.

Creates the Juvenile Diversion, Detention and Probation Services Implementation Team to examine and review juvenile probation and detention services. Requires the Office of Probation Administration to prepare a juvenile detention screening mechanism for use by probation officers and judges. Establishes the Nebraska Coalition for Juvenile Justice to identify juvenile justice issues and study programs within the juvenile justice system. Creates the County Juvenile Services Plan Act to require the development of juvenile service plans by each county.

Increases from 6 percent to 6.25 percent the amount appropriated to local juvenile prevention, diversion and alternative disposition programs. Requires the Department of Health and Human Services to conduct a study on the effectiveness of juvenile diversion programs and to publish its results every other year.

Establishes a Department of Youth Development Services Advisory Board to make recommendations about programs and services provided to children who are in detention awaiting court proceedings.

Renames and transfers all powers, duties and authorities from the Office of Juvenile Justice to the Department of Juvenile Justice and Delinquency Prevention.

Creates a task force to study the services provided to older youthful offenders.

Requires community-based programs to be evaluated based on court data and assessment of the need for services and programs for juveniles. Requires counties or cities that are seeking to establish a community-based program to submit a plan detailing how many juveniles will be served and to what extent secure detention rates will be reduced as a result of the program.

Directs the Department of Planning and Budget, in conjunction with the Department of Juvenile Justice, to prepare a fiscal impact statement projecting operating costs and necessary appropriations for any bill that would result in a net increase in periods of confinement to the Department of Juvenile Justice. Fiscal impact also is to include projection of impact on local and regional jails, state and local community corrections programs, and juvenile detention facilities.

Corrections/Detention

Allows the issuance of a warrant for juveniles who escape or fail to return to a state facility or private residential program.

Removes the requirement to hold moderate, high and maximum risk youths in juvenile assignment centers while awaiting post-adjudication placement.

Eliminates the requirement that domestic violence victims suffer physical injury in order to detain an alleged juvenile perpetrator. If, while under supervision of the Department of Juvenile Justice, a youth commits a new offense, the court may use the risk assessment to score both the underlying offense and the new charge. Permits secure detention on a judicial order for up to 72 hours prior to the next scheduled hearing for youths who fail to appear. Increases the amount of time a youth can be detained if charged with a felony.

Requires the Departments of Juvenile Justice and Education to consult with other named groups to develop a multi-agency plan for vocational education programs in juvenile commitment facilities. The proposed plan must define vocational programming based upon the youth's age and assessed educational abilities, the commitment program's characteristics and the type of program the commitment facility will offer. Requires the departments of juvenile justice and education to consult with other named groups to determine the funding level needed for the vocational education programs and to review existing education facilities and services. Allows minors and certain students with disabilities who are detained in county or municipal detention facilities and who have not graduated from high school or attained a diploma to receive educational services from the local school district. Requires mandatory participation in the education program for juvenile justice youths on aftercare or community control status.

Revises state aid formula for school districts that provide educational services in juvenile detention facilities. Increases statutory eligibility for state-funded, at-risk 4-year-old program.

Allows counties to apply for the construction or operation of non-secure youth alternative centers for the purpose of detaining juveniles. Defines youth alternative center and intermittent holding facility.

Permits secure detention of status offenders under certain circumstances, including situations where a minor has been deemed "beyond control of parents" and "beyond control of school." Disallows this type of detention in any facility where adults are held. Requires reports to a judge prior to secure detention of status offender.

Allows a juvenile convicted as an adult and residing in a correctional facility to consent to medical care. Adds rehabilitation to the list of purposes for certain correctional facilities.

Requires law enforcement officers to notify legal custodians of those juvenile offenders placed in secure detention facilities of upcoming detention hearings.

Requires educational programs and schools operated by juvenile correctional facilities to adhere to the same standards as other schools and to be reviewed on an annual basis.

Defines "places of confinement" for detained and delinquent youth who need certain services, including rehabilitation and education.

Requires the Department of Corrections to file written reports on children committed to the department under children in need of services or delinquency provisions within 30 days of commitment and every 90 days thereafter, detailing the results of assessments, the types of programs administered and the child's progress. Gives the court certain options after reviewing the report.

Requires a suspended period of confinement in addition to four years of indeterminate commitment for those under age 21, requires confinement for youthful offenders, and includes at least one-and-one-half years of supervised parole.

Provides that only juveniles age 11 and older, who are adjudicated delinquents, can be committed to the Department of Juvenile Justice.

Makes "clear and substantial threat" the standard to place a juvenile in secure detention and requires the detention order to state the offense for which the juvenile is being held.

Permits certain juveniles found delinquent for an offense that would be a Class I misdemeanor or felony if committed by an adult to be placed in a boot camp. Extends to six months the period of time juveniles can be placed in secure detention and allows confinement to exceed 30 days if an assessment by the secure facility shows such confinement is appropriate.

Restricts placement options to detention or secure facilities when an officer decides to take a child into custody and a court has entered an order concerning placement, except that a child held for contempt cannot be detained in a secure facility separate and apart from the detention facility. Gives priorities and preferences for determining which juveniles should be placed in a secure facility or detention facility.

Sets minimum standards for the detention of juveniles, including 1) keeping juveniles segregated from adult offenders, 2) providing supervision and observation sufficient to protect the physical and mental health of the detainees, 3) supplying three adequate and nutritional meals per day, 4) providing access to reading materials on a regular basis, and 5) allowing family visits to each juvenile for at least two hours each week.

Allows physically restrictive construction and intensive supervision as forms of security in order to accomplish the purposes established for the Northern Maine Juvenile Facility.

Prohibits an employee of the Department of Juvenile Justice or a licensee of the department from engaging in vaginal intercourse or a sexual act with an individual contained in a juvenile facility. Establishes penalties.

Requires facilities, including residential childcare facilities, to collect and analyze data regarding the use of physical restraints and seclusion. Establishes rules for staff training and mandatory reporting requirements when a client dies. Allows for investigation of noncompliance and the imposition of civil penalties.

The "Children's Right to Freedom from Restraint Act," establishes protection for children who are residents or patients in public or private agencies or organizations, except public schools, to be free from physical or mental harm. Prohibits the use of any life-threatening physical restraint, but allows involuntary physical or chemical restraints when specific criteria are met. Restraints must be continually assessed, must end at the earliest possible date, and cannot be prescribed as a standing order or as needed. Requires the use of restraints or seclusion to be recorded.

Defines "restraints" and prohibits their use on juveniles committed to the Department of Corrections. Provides a list of exceptions to the general rule prohibiting the use of restraints.

Requires the governor to designate a monitor to protect minors' rights and investigate any allegation of abuse and neglect within the juvenile corrections system. Requires the monitor to report annually to the governor, the Legislature and the Corrections Commission.

Dispositions/Proceedings

Requires probation officers to obtain a minor's-and, possibly, a parent's-written promise to appear prior to release from custody. Requires law enforcement officers obtain certain minor's-and, possibly, a parent's-written promise to appear for a felony offense prior to release from custody.

Requires courts to appoint counsel for children not represented by counsel in detention hearings, unless the court finds that the child would not benefit from the appointment. Requires appointed counsel have sufficient caseload and training in order to fulfill counsel's duties to the child. Allows the child, in certain circumstances, or the appointed counsel to invoke certain privileges.

Changes the definitions that classify juveniles for different grades of residential treatment. Outlines factors for the court to evaluate when determining appropriate placements.

Gives juvenile courts the power to grant new trials and provides under what circumstances the state is allowed to appeal orders, decisions and judgments in the adjudication of delinquency cases.

Requires that a minor under age 13 be represented by counsel during the entire custodial interrogation if he or she is alleged to have committed an act that, if committed by an adult, would constitute a certain homicide or sexual assault crime.

Allows deferred judgments for certain juveniles and extends by six months the period in which a dispositional order entered after the juveniles' 17th birthday must terminate.

Kentucky S 256

Allows the Department of Juvenile Justice to issue subpoenas for juvenile proceedings.

Allows the commissioner of corrections to establish and operate alternative residential programs for juveniles that are available to court and social service agencies for placement of juveniles to act as early intervention in juvenile crime.

Sets time limits for the court to file its findings as to whether a child is delinquent. Adds aggravated indecent assault, incest and sexual assault to the definition of a "crime of violence."

Creates juvenile hearing board in town of Middletown to hear all cases involving juveniles who violated laws that would be misdemeanor offenses if committed by adults. Establishes concurrent jurisdiction with the family court and requires waiving initial hearing in family court.

Prohibits juvenile hearing boards and teen courts from hearing or disposing of an offense that would constitute a felony if committed by an adult, unless the chief justice of the family court gives express written consent.

Allows juveniles not convicted of violent offenses to appear personally before the parole board for parole consideration. Gives discretion to the board to waive quarterly reviews of a juvenile convicted of a violent offense, but requires review three to 12 months after a juvenile has reached the established minimum parole guidelines.

Requires juveniles found delinquent for a first drug offense to be subject to periodic substance abuse testing, drug treatment and education.

Requires consent to take part in teen court program. Removes the requirement that program be administered by the Governor's Committee on Crime, Delinquency and Correction.

Creates the Tennessee Teen Court Program of 2000. Allows teens accused of delinquent acts the opportunity to receive a disposition by a five-member teen court. Provides for the waiver of certain rights in front of a parent or legal guardian in order to participate in the program. Authorizes the judge to accept, modify or reject the teen court's recommendation. Provides a list of appropriate teen court dispositions.

Gangs

Creates the General Assembly's Commission on Juvenile Gangs to study the conditions, needs, issues and problems associated with juvenile gangs and to recommend corrective measures.

Allows seizure and forfeiture of property related to street gang terrorism and as a public nuisance. Distributes the proceeds from the sale of the property into a fund to assist in further prosecution of gang crimes. Permits victims of street gang-related, public nuisance activities to collect damages.

Illinois H 4124

Establishes Gang Monitoring and Control Unit in the Department of Corrections, with responsibility for developing and implementing gang control programs.

Changes the composition of the Gang Violence Prevention Advisory Committee by establishing a permanent subcommittee of the Rhode Island Justice Commission, Juvenile Justice Advisory Committee, that will address issues relating to delinquency and youth violence.

Juvenile Sex Offenders

Adds juveniles who receive a deferred adjudication for an offense that would constitute a sex offense to the statutory definition of sex offender for the purpose of duty to register. Expands membership of state's sex offender management board and adds to its duties requirements to develop and prescribe a standardized procedure for evaluation and identification of intervention methods for juvenile sex offenders. Also directs the board to develop guidelines and standards for a system of programs for treatment and monitoring of juvenile sex offenders, both in the community and those committed to the Department of Human Services, and to analyze the effectiveness of those programs.

Creates an exception to the state sex offender registry for juveniles who commit misdemeanor sexual offenses.

Requires sex offender treatment for juveniles sentenced to the youthful offender system who have a history of committing sex offenses.

Permits juveniles adjudicated for a sexual offense to be placed on probation until they reach age 21.

Prohibits registered child sex offenders, with certain exceptions for parents, from being present on or near school grounds, unless the offender has permission from the principal or school board and remains under the direct supervision of a school official.

Requires registration of certain juvenile sex offenders. Defines sexual predator as an individual convicted of certain crimes, including juveniles adjudicated twice in a youth court for the crime of rape or sexual battery.

Requires juveniles with one or more prior sexual convictions or an aggravated sexual conviction to register with law enforcement agencies for 15 years and update his or her address quarterly during that time.

Prohibits juvenile sex offender identifying information from being posted on the sex offender web site.

Removes the requirement that juveniles found in need of protection services must register with the state sex offender registry, but allows courts to require registration of those who commit acts that would constitute a sex offense if committed by an adult.

Mental Health/Drugs/Alcohol

Allows courts to place any juvenile in a competency restoration period and prohibits disclosure and use of statements made by the juvenile to treatment providers during the restoration period against the juvenile. Gives the court options when deciding to dismiss charges against a juvenile whose competency has not been restored, including dismissing misdemeanor charges. Requires courts to state reasons for examining a juvenile for competency and to provide mental health experts to conduct an examination and report their findings to the court and defense counsel.

Permits juvenile court to order a child to receive residential treatment services that provide detoxification or intensive treatment programs. Requires residential placement to be reviewed every 60 days. Requires discharge notice to be filed with the court five days prior.

Requires the Department of Youth Authority and the Department of Mental Health to collaborate on training, treatment and medication guidelines for youths with mental illness under the Department of Youth Authority's jurisdiction.

Instructs the Department of Human Services to select one urban and one rural site for pilot community-based, intensive treatment and supervision programs for mentally ill juveniles who are involved in the criminal justice system. Requires collaboration among specified agencies.

Provides for standardized screening mechanisms for juveniles in the juvenile justice system who are suspected of having a mental illness.

Diverts from and provides other sentence options for offenders in the youthful offender system who are determined to be mentally ill. Provides for the imposition or modification of an offender's original sentence if the offender cannot complete the program for reasons other than mental illness.

Provides for integration of substance abuse and mental health services with juvenile justice, child protection, school and health care systems. Includes local communities in delivering effective and efficient programs that must include crisis services, substance abuse services and mental health services. Prohibits the use of juvenile records for anything other than employment background screening.

Requires screening, if residential commitment is a possibility, to determine if a child poses a danger to self or community and requires results to be made available to the court.

Permits juvenile courts to order evaluations when a juvenile's mental or physical health is in question.

Creates a substance abuse treatment program for juvenile offenders who are committed to the Department of Corrections, to include assessment and monitoring of juvenile offenders. Reports of the program's progress must be made annually.

Requires the family court to order a psychiatric evaluation of any juvenile alleged to have violated a law that, if committed by an adult, would constitute cruelty to animals or arson. If determined appropriate, the court may order treatment for the juvenile, but the court is not precluded from ordering any other disposition.

Allows the sharing of information among certain departments, including the departments of social services and mental health.

Requires mental health assessment and expanded programs for juveniles who are referred to indeterminate commitment.

Requires juveniles found delinquent for a first drug offense to be subject to periodic substance abuse testing, drug treatment and education.

Allows the release of certain juvenile mental health service records to the Department of Corrections in order to coordinate supervision and services given to juveniles with reported mental health illnesses. Provides for the confidentiality of records released.

Parental Responsibility

Requires a court to issue an order to parents, guardians or custodians to explain why they should not be held in contempt for failing to appear in juvenile court.

Permits the court to require parents' attendance at hearings alleging a child to be unruly or delinquent. Provides penalties for parents who cause their children to miss school. Broadens juvenile courts' original jurisdiction to include charges filed against parents of alleged unruly, delinquent and habitually truant children.

Changes the definition of child for purposes of court orders against parents or legal guardians. Gives courts the ability to order parents or legal guardians to supervise and ensure that the child complies with the court order.

Prevention

Provides for equal allocation of money spent on law enforcement and prevention. To receive funding, a program must show effectiveness and requires evaluation after funding.

Establishes a collaborative pilot program aimed at early intervention for juveniles who demonstrate a propensity for destructive or criminal behavior.

Extends the Vehicle Theft Prevention Fund, which provides money for programs designed to reduce the incidence of juvenile theft and recidivism.

Instructs the commissioner of public safety and the executive director of the Peace Officer Standards and Training Board to study and recommend ways in which law enforcement personnel can better combat juvenile prostitution.

Requires the state Department of Health to coordinate tobacco prevention services and resources with other state and local government entities that are responsible for addressing juvenile delinquency and violence.

Records/Information

Requires DNA testing by detention facilities, probation departments and the Department of Juvenile Corrections of juveniles or "committed youths" who are adjudicated delinquent for certain sex, dangerous weapon and serious bodily injury offenses.

Grants the state Bureau of Investigation access to juvenile records for firearm background checks.

Requires juveniles adjudicated for a sex offense to provide a genetic sample to the state.

Gives appointed counsel access to certain records-including medical records-pertaining to the child.

Requires law enforcement agencies to fingerprint juveniles charged or detained for committing a specified act and to forward such prints to the Colorado Bureau of Investigation. Agencies shall do the same for those juveniles not fingerprinted prior to their first court appearance. The provision does not apply to juvenile detention centers and alternative service programs.

Permits court to have access to youthful offender records if juvenile is applying for pre-trial alcohol education program.

Gives certain juvenile justice facilities access to a youth's school system records, including academic, immunization and registration records.

Grants public defenders access to the computerized state juvenile history records system, including information in client's criminal history, juvenile offender data, warrant data and diversion program data.

Requires DNA testing of juvenile sex offenders.

Provides for the retention of juvenile records for a period of three years in certain circumstances. Provides for the sealing of certain juvenile records. Allows inspection of sealed records for certain purposes.

Permits the destruction, in certain circumstances, of court documents pertaining to a youthful offender.

Permits disclosure of court documents only to those having a legitimate interest or to a child's legal counsel, including those defending in an action initiated by a child. Provides for the confidentiality of all law enforcement records identifying children, except that sharing of information may occur among certain agencies. Requires juvenile offenders be photographed when held in custody or detained and fingerprinted if charged with certain offenses. Prohibits disclosure of photographs and fingerprints except to aid other agencies in locating a child. Under limited circumstances, allows disclosure of a juvenile offender's name, picture and identity to the media. Allows destruction of certain records if related to a nonviolent or status offense and prohibits expungement of records relating to a violent crime.

Broadens the list of suspected violations about which a law enforcement agency may notify a parent or guardian to include firearms, bomb threats and threats of violence.

Permits Bureau of Criminal Identification access to juvenile court records for firearm purchase background checks.

Permits use of a prior juvenile court adjudication as a conviction for enhancement of the level of a subsequent juvenile offense and certain adult offenses.

Permits chief law enforcement officers of any county or city to receive a copy of any court order imposing a curfew or any other restriction on a juvenile.

Requires the clerk of the court to forward copies of fingerprints and disposition report to the jurisdiction making the arrest and to the Central Criminal Records Exchange. Requires that fingerprints and photographs of juveniles found not guilty of delinquent charges other than a violent juvenile felony or related crime be destroyed within six months of the date of disposition of the case.

Allows law enforcement agencies to release certain information on juveniles charged with certain sex offenses, robbery, malicious wounding, abduction, poisoning and car-jacking.

Allows release of certain confidential juvenile records to any person, agency or institution that has a legitimate, treatment-related interest.

Requires courts to review certain juvenile records for relevancy and materiality to the proceeding prior to release to authorized individuals.

Schools

California S 1542

Establishes a military academy for certain minors who have committed gun-associated offenses either at school or at school-related activities.

Makes it a criminal offense for youth and unlicensed adults to possess a firearm or other "deadly or dangerous weapon" on school property or during school-sponsored events, unless it is due to participation in a board-approved activity outlines penalties. Revises the circumstances under which students, their lockers or their possessions may be searched.

Revises the crime of unlawful use of a weapon to include carrying a firearm onto school property or school bus.

Allows for information exchange about students between law enforcement agencies and school principals, including truancy and disciplinary records. Otherwise imposes confidentiality on information exchanged. Provides civil and criminal immunity for good faith compliance. Requires courts notify schools upon the adjudication of an act that would constitute unlawful sexual behavior if committed by an adult.

Requires agreements between school boards and law enforcement officials concerning school safety and requires implementation of procedures to track alleged student criminal violations, including offenses committed against school officials. Enumerates certain instances where disclosure of student information is appropriate, including disclosure to school and state officials and upon judicial order. Requires the prosecuting attorney to notify a student's principal of any petition filed in juvenile court.

Requires notification to legal guardians and students about administrative procedures and penalties applicable to students and legal guardians related to unexcused absences, including court adjudication. Establishes mandatory reporting to several agencies following a conviction.

Requires law enforcement officers to notify a minor's school and parent or legal guardian when the minor has violated drinking and driving restrictions, unless the notification would endanger the child.

Allows schools to disseminate certain information regarding a student to juvenile courts and criminal justice agencies, and that the information otherwise remain confidential.

Allows disclosure of certain offense and behavior information to juvenile justice system officials. Permits school principals to notify teachers, counselors and other employees who have contact with a particular student of a student's disposition and requires probation officers to send a copy of a students' disposition orders to school officials. Mandates that disposition orders be provided to schools that request education records. Requires disposition orders be destroyed upon graduation or when the student reaches age 23, whichever is earlier.

Authorizes school districts to disclose education records to law enforcement and juvenile justice authorities if necessary to aid the authorities in serving the juvenile prior to adjudication. Requires law enforcement authorities to notify school districts when a petition is filed against an enrolled pupil for certain acts, including sexual misconduct and sexual assault, and to notify superintendents of students' dispositions. Allows sharing of information among certain departments, including the departments of social services and mental health.

Creates the Uniform Violent Incident Reporting System and mandates the reporting of violent incidents to the education commissioner, the governor and the Legislature. Grants civil immunity to school employees who had reasonable cause to suspect and report violent acts. Requires sentencing courts to notify a school of its students' criminal convictions and youthful offender and delinquency adjudications. Creates crimes against school employees and school property. Provides for educational enrollment for students who are released or are on conditional release from residential facilities.

Requires the court to notify a child's school principal of certain felonies and misdemeanors.

Requires school district to be notified within 15 days if a person under age 18 is charged as an adult or waived to adult court and to be notified within five days following sentencing. Outlines the agencies that must be notified prior to a juvenile's release or discharge and information that must be disclosed. Includes adults under age 21 at the time of release. Allows school officials discretion to share information with staff as necessary to protect the security of the school, staff and its students. Exempts from civil or criminal liability the failure to disclose such information.

Requires law enforcement officers to notify school principals if a child is taken into custody for any offense or charged with a specific crime. Authorizes principals to use such information for supervisory and monitoring purposes. Mandates notification to the school principal of final dispositions in certain enumerated offenses. Requires schools to maintain policies ensuring the confidentiality of students' records. Requires incident reports to be shared with victims and school principals if they concern a specified offense.

Upon juvenile court order, allows educators to release student records to law enforcement and juvenile justice officials to assist in effectively serving a truant student.

Authorizes law enforcement officers to report to principals suspected student violations of the Drug Control Act that occur on school property.

Requires the juvenile court to notify the principal of a student's school when an enrolled minor is convicted in adult criminal court or adjudicated or entered into a diversion agreement with the juvenile court for violent and other offenses, upon prior notification of the parent or legal guardian. Requires the principal to keep confidential such information, except that it must be provided to other school personnel who work directly with the student. Adds dangerous weapon violation to the list of offenses that must be reported by the court to the child's school.

Appropriates funds for 21 school districts to develop alternative education programs for youth that have been suspended or expelled, are on probation or parole, are at-risk for dropping out of school, or are habitually truant or disruptive.

Status Offenders

Defines "youth in crisis" and authorizes police officers to attempt to locate such youth upon report made by a parent or guardian. Allows the officer to report a youth's location to the parents or guardian when it will not endanger the youth and outlines options for disposition of a youth in crisis.

Extends the placement eligibility in staff-secure shelters for adjudicated children who are in need of services.

Permits peace officers to issue curfew violation citations and clarifies that such citation acts the same as a truancy petition.

Creates the Youth in Need of Services Pilot Program to provide preliminary assessments, safety plans, and other services for at-risk youth, their families, and/or legal guardians through the state Department of Human Services.

Authorizes certain law enforcement officials to investigate and file petitions against a parent or child under the state's compulsory school attendance law.

Amends the definitions of "delinquent child" and "unruly child" to include habitual and chronic truants. Gives the court disposition options when considering both a child adjudicated an unruly child or delinquent for being an habitual or chronic truant and the child's parents if found that the parents failed to cause the child's attendance. Allows any person with knowledge that a child is not attending school to file a complaint.

Allows commitment to the Department of Juvenile Justice or authorized center of an adjudicated status offender, other than a truant, who violates a court order regarding school attendance or probation.

South Dakota S 117

Prohibits strip-searching juveniles who are detained solely for curfew violations.

Tennessee S 2425

Outlines procedures for educators to enforce attendance and report truancy.

Broadens juvenile court's authority in hearing truancy petitions.

Victims

Provides crime victims with information regarding offender's compliance with the terms of any sentence or special provisions, including juvenile records.

Requires that victim restitution ordered at the sentencing of a juvenile be paid prior to other court-ordered payments unless otherwise directed by the court.

Clarifies the definition of "victim" to include a family member or guardian who is a minor or is deceased or disabled.

Requires the Department of Juvenile Justice to provide victims with certain information, including incident reports regarding a charged juvenile.

Permits victims to be in the courtroom unless the court determines that the victim's presence would deny the charged juvenile a fair trial.

Waiver/Transfer/Dual and Extended Jurisdiction

States legislative intent that juveniles sentenced to the youthful offender system be sentenced as adults, but be housed separately from the adult inmate population. Limits transfers to other facilities to 60 days.

Requires prosecutors to file criminal charges against 16- or 17-year-olds who are alleged to have committed a "forcible felony" and who have previously committed felonies on three occasions at least 45 days apart. Allows the consideration of exceptional circumstances to prevent transfer to adult court. Requires imposition of adult sanctions for those juveniles transferred by direct file.

Allows courts to retain jurisdiction over 22-year-olds for the purpose of placing the individual in a conditional release program. Permits courts to implement adult sanctions if, while under juvenile sanctions, the offender violates the law, violates a condition of the juvenile sanction or fails the sanction.

Requires transfer of juveniles age 16 or 17 at the time of the offense if they are alleged to have committed a violent felony while possessing a firearm or destructive device, or to have discharged a firearm or destructive device that resulted in death or great bodily harm. Provides for mandatory minimum penalties. Gives the state attorney discretion for exceptional circumstances. Requires the Department of Corrections to separate juveniles sentenced under these provisions from the adult population.

Permits concurrent criminal jurisdiction over certain misdemeanor offenses, including marijuana possession, shoplifting, alcohol violations and criminal trespass.

Adds aggravated battery resulting in serious bodily harm to the list of transferable offenses for juveniles age 13 or older.

Requires transfer of juveniles in detention to county jail when they reach age 18.

Establishes that, once a juvenile has been transferred for adult criminal proceedings, the juvenile shall be handled as an adult in every respect.

Permits district court judges a "blending" option of sentencing and probation for juveniles who are convicted under mandatory or discretionary waiver to adult court. Allows for a suspended adult sentence while placing a juvenile in the juvenile system, but permits immediate imposition of adult sentence if juvenile fails to comply with judge's "blended" sentence.

Provides for probation and conditional release supervision under the Department of Juvenile Justice for those juveniles sentenced as youthful offenders who are under age 18.

Requires the Department of Corrections to house all male inmates age 16 and younger at the youth correctional facility, unless certain circumstances require housing at a different facility. Allows 17-year-old inmates with satisfactory prison records to remain at the youth facility for up to one year.

Disallows credit for juvenile time served for extended jurisdiction juvenile (EJJ) offenders who violate conditions of EJJ stay.

Allows prosecutors to join all charges against a juvenile and charge the juvenile as an adult if at least one of the charged offenses constitutes a youthful offender offense. Adds use of a firearm while in commission of a felony to the list of youthful offender offenses. Requires courts to detail its findings and considerations when imposing an adult sentence. Authorizes the Department of Juvenile Justice to extend jurisdiction over a youthful offender until the offender reaches age 20. Gives judges, upon review hearing, additional options of suspending, delaying, modifying or imposing the remainder of the adult punishment.

Adds battery, assault and aggravated assault to the crimes under which a juvenile may be charged as a youthful offender and therefore be subject to adult charge.

Lowers from age 14 to age 10 the age at which a juvenile can request treatment as a youthful offender. Gives the court an additional option of denying the offender's motion of rehabilitation when it finds that the offender is not rehabilitated or has not completed the terms of the disposition. Directs the court administrator to disseminate information regarding the youthful offender program to judges, state's attorneys and public defenders.

Allows first-time offenders for certain offenses, if under age 21 at the time of the offense, to be eligible for indeterminate commitment and requires suspended confinement in addition to the four years of indeterminate commitment for those who qualify. Adds program requirements for youthful offender facilities, including military style drills, anger management, life skills development, academic education, vocational training, aftercare and parole supervision. Gives courts sentencing options for defendants who fail to complete the youthful offender program.

Permits circuit courts to impose an adult sentence upon juveniles and suspend the sentence conditioned upon a successful completion of terms set by juvenile court.

Requires immediate transfer to the Department of Corrections of any minor sentenced to an adult term who, at the time of sentencing, is in custody of the Department of Juvenile Justice. Permits juvenile or circuit court to commit any minor to the juvenile justice system custody for a Class I misdemeanor if the juvenile previously committed three Class I misdemeanor offenses.

Virginia H 978

Establishes a punishment of death for Class 1 felonies if the individual was age 16 or older at the time of conviction, but life imprisonment and a maximum fine if the individual was under age 16.

Provides that only those juveniles adjudicated as delinquent and who are age 11 or older may be committed to the Department of Juvenile Justice. Requires transfer to the Department of Corrections of those juveniles who, at the time of sentencing, are in the custody of the Department of Juvenile Justice and are sentenced to the Department of Corrections.

Extends juvenile court jurisdiction for 10 years over those who reach age 18 and are ordered to pay a penalty assessment pursuant to a dispositional order.

Weapons

Makes it a Class 1 misdemeanor to provide, sell, rent or allow possession of a firearm to any juvenile without parental or guardian consent.

Amends the crime of unlawfully providing a handgun to a juvenile by including a defense that the defendant believed that, by attempting to disarm the juvenile, he or she would be harmed.

Sets a three-year prison term for selling or furnishing a revolver to a minor or for any parent or legal guardian who permits a minor to possess a pistol or revolver, in addition to existing penalties.

STATE LEGISLATIVE REPORT is published 12 to 18 times a year. It is distributed without charge to legislative leaders, council and research directors, legislative librarians, and selected groups for each issue. For further information on STATE LEGISLATIVE REPORT or to obtain copies, contact the NCSL Book Order Department in Denver at (303) 830-2054.

© 2001 by the National Conference of State Legislatures.

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