Juvenile Justice State Legislation in 2004

By Sarah Hammond, Senior Policy Specialist, Criminal Justice

Juvenile justice was addressed by state lawmakers in 2004 with measures that supervise juveniles in the community and provide treatment to address alcohol, drug and mental health problems. Other laws address delinquency prevention, safe schools, due process and punishments for juveniles.

An act in Illinois created the Redeploy Illinois Program, which encourages counties to develop programs for community supervision of juveniles rather than send them to state corrections confinement. Counties may take part in the pilot program, which requires their agreement to reduce commitments of juvenile offenders to the Department of Corrections to 75 percent of their average over the past three years. Savings from the reduced commitments are reallocated to the counties for development of community-based programs for supervision and treatment of young offenders who otherwise would be incarcerated. The stated purpose of the new law is to encourage that a continuum of services and sanctions from least to most restrictive be available in every community. Counties or groups of counties must develop a plan to meet that objective. An oversight board is created with various responsibilities, including development of a formula for reimbursement of counties for community-based services used in lieu of state corrections commitments.

Diversion and Prevention

Other states, as well, took action to create community options for juveniles. Massachusetts lawmakers established a community-based juvenile/youthful justice program in two counties. It will develop community programs that have the dual role of diverting nonviolent young offenders from juvenile or criminal justice systems and of preventing delinquency and violence via early identification of at-risk youth. Under new law in Virginia, juveniles convicted of a street gang felony may qualify for a program that provides treatment for serious or habitual offenders. In Connecticut, an enactment requires the Department of Children and Families, in consultation with other state service providers, to establish a plan for community-based services to prevent the incarceration of female juvenile status offenders and delinquents.

Other 2004 legislation focuses services and supervision on juveniles who are being released from confinement. A Maryland act requires that a juvenile discharged from a committed residential placement receive "step-down aftercare," defined as a set of programs that provide individualized rehabilitation and services to ease transition of youths to their homes and communities. Oklahoma lawmakers appropriated $570,000 to track and provide aftercare services for juveniles.

Addressing Substance Abuse, Truancy

Several states focused efforts on treatment for juveniles with drug or alcohol addiction or mental health problems. An enactment in Michigan allows family courts to commit juveniles to a juvenile drug treatment court for assistance and treatment. A new Ohio law expands the purpose of the state's Public Health Trust Fund to include funding for both alcohol and drug prevention and treatment programs. Mental health needs of juveniles were addressed in a Colorado measure that creates an oversight committee and task force to examine the treatment of individuals with mental illness in the juvenile and criminal justice systems.

Actions in other states address truancy, which is seen as a strong predictor of delinquent behavior. Under new law in Louisiana, judicial districts are authorized to create truancy assessment and service centers in the state. Maryland legislation establishes a Truancy Reduction Pilot Program and mandates that truancy be handled as a state violation and civil offense. In Maine, an act requires schools to send truancy notices home to parents and requires the school to report the truancy to the local law enforcement agency if the parents do not comply with the notice.

Keeping schools safe was a continued priority of state legislatures in 2004. A Kentucky act requires that the school principal be notified within 24 hours when a petition involving the possession or carrying of a deadly weapon is filed against a student in that school. Similar Utah legislation requires law enforcement personnel who take a juvenile into custody for a weapons violation or violent crime to notify the juvenile's school district. A West Virginia enactment requires the automatic disclosure to schools of all records of juvenile offenses, including weapons possession, acts of violence and involvement in delivery of a controlled substance. Notice to schools of juvenile gang activity also was addressed in Virginia in 2004 with an act that requires school superintendents to be notified that a petition has been filed against a juvenile in cases that involve criminal street gang activity.

Juvenile justice legislation also put in place specific due process protections for juveniles. Actions in two states--Louisiana and Maryland--prohibit juveniles in delinquency proceedings from being able to waive their right to counsel. In Utah, legislation created an expedited process for appeals from juvenile court orders to ensure those cases move forward without delay. Two states--South Dakota and Wyoming--passed laws in 2004 to prohibit the death penalty for defendants who commit capital crimes before they reach age 18. Nineteen states with a death penalty (in addition to 12 states without) now prohibit capital punishment of juveniles.

Links to legislation referred to in this report may be accessed via state legislative Web sites at http://www.ncsl.org/public/leglinks.cfm. Bill citations, by topic, appear below.

Aftercare

Maryland S 767; Oklahoma S 985.

Capital Punishment

South Dakota S 182; Wyoming H 5.

Community Supervision and Prevention

Connecticut H 5366; Illinois H 2545; Massachusetts H 4924; Virginia S 617.

Drug / Alcohol and Mental Health Treatment

Colorado S 37; Michigan H 5716; Ohio H 434.

Due Process

Louisiana H 1508; Maryland S 163; Utah S 179.

School Safety and Notice

Kentucky S 52; Utah H 135; Virginia H 1080; West Virginia H 4037.

Truancy

Louisiana H 1527; Maryland H 1443; Maine H 800.

This report highlights selected state legislation. Sarah Hammond handles juvenile justice issues for NCSL's Criminal Justice Program in the Denver office. For more information, contact her at (303) 364-7700; or cj-info@ncsl.org. To receive regular criminal justice information updates from NCSL, go to the Criminal Justice menu page and sign up for NCSL e-news.

Posted July 6, 2005