Posted January 31, 2007
2006 Juvenile Justice Enactments
Administrative
Corrections, Detention and Conditions of Confinement
Disposition Options and Procedures
Delinquency Prevention
Juvenile Sex Offenders
Mental Health, Substance Abuse
Records/Information
Transfer/Waiver
Victims
California SB 1742
Requires the Division of Juvenile Justice (DJJ) to accept a juvenile committed to it only if it has adequate staff and programs to provide care and believes the juvenile can be materially benefited by its reformatory and educational discipline. Deletes provisions of law that require DJJ to accept a juvenile who is borderline psychiatric, borderline mentally deficient, a specified sexual deviate, or suffering from a behavior disorder.
Colorado SB 108
Allows the Juvenile Parole Board to discharge a juvenile from parole after the juvenile has served a mandatory parole of six months and if the juvenile has met the following requirements: graduated from high school or completed a graduate entrance exam; paid 100 percent of restitution ordered; received certification that the juvenile is ready for discharge; and presented a plan to the board on the steps the juvenile will take to ensure a successful transition into society.
Florida HB 5019
Eliminates statutory authority for boot camps and adds authority for the Sheriff's Training and Respect programs. Creates the Juvenile Justice Accountability Commission to conduct quality assurance and program evaluations. Allows a court to hold a juvenile in secure detention for violation of the terms of an adjudication order until disposition and placement. Requires the Department of Juvenile Justice to adopt uniform rules on use of force and physical restraint. (See also Disposition and Corrections sections.)
Hawaii SB 467
Requires the Office of Youth Services and the Department of Public Safety to develop gender-responsive, community-based programs for female adjudicated youth and female offenders.
Illinois SB 1145
Gives flexibility to the Redeploy Illinois Oversight Board in determining the required reduction in commitments of non-violent offenders to the Department of Juvenile Justice. Adds a provision to the "Re-deploy Illinois" program to allow any county that has achieved a 25 percent decrease in juvenile commitments in the last three years to negotiate with the board in setting their target goals in future years.
Iowa SB 2304
Requires each county to pay into the Indigent Defense Fund annually.
Kansas SB 47
Expands the responsibilities of the Kansas Advisory Group on Juvenile Justice and Delinquency Prevention to include studying the effectiveness of juvenile justice programs in reducing racial, geographic and other biases that may exist in the juvenile justice system. Expands the authority of the Group's commissioner to make grants to qualified counties for the development, implementation, operation and improvement of programs in juvenile correctional facilities to reduce racial and other biases that may exist. (See also Corrections section.)
Kansas SB 261
Recodifies the Kansas Juvenile Code. Changes the statute of limitations to parallel the adult criminal code. Adds court appointed special advocates and juvenile community corrections officers to the list of people who may inspect the social file. Adds juvenile community correction officers to the list of people who may obtain law enforcement and municipal court records of juveniles under the age of 14. Authorizes the disclosure of diagnostic, treatment or medical facilities' records of juvenile offenders by the Juvenile Justice Authority and the Department of Corrections to the extent necessary for treatment. Adds rape to the list of acts committed by a juvenile which may not be expunged. Mandates that a juvenile who commits a sexually violent offense may not attend the same school as the victim. Allows fingerprinting and photographing of alleged juvenile offenders. Changes the time requirement for giving notice of alibi or mental disease or defect from within five days of the initial appearance to not less than 10 days prior to the adjudicatory hearing. Adds Juvenile Justice Authority supervising officers to the list of people who may take a juvenile into custody. Adds self destructive behavior to the list of behaviors that are a required to take a juvenile into custody. Changes the name "pre-trial hearing" to "first appearance." Adds the designees of the county or district attorney to the list of people authorized to file a motion for prosecuting a juvenile as an adult. Requires the court to appoint one, rather than two, licensed psychiatrists to examine a juvenile to determine competency. Allows the court to excuse the alleged juvenile offender from the hearing if it would be injurious to his or her health to attend. Adds "the best interest of the victim" to the list of factors to consider in deciding whether a hearing should be closed. Requires restitution orders to be declared judgments which may be enforced by civil process. Increases the term for initial commitment to a sanctions' house from seven to 28 days.
Mississippi HB 199
Requires that a detained child be represented by counsel at all critical proceedings and that youth court appointed attorneys receive juvenile justice training approved by the Mississippi Judicial College or Mississippi Bar Association. Prohibits the holding of a status offender in detention longer than 24 hours before an initial court appearance, except when a court order has been violated. Requires minimum detention standards for all juvenile detention facilities. Requires that school districts work collaboratively with juvenile detention center staff to provide special education services as required by state and federal law. Directs that, if a disposition order requires a child to miss school due to other placement, the youth court must notify a child's school. Creates a 10-member study committee to determine what entity should be responsible for providing the educational services within detention centers and the costs for such services. Requires the Adolescent Offender Program operated with local mental health or nonprofit community organizations by the Division of Youth Services to include two or more evidence-based practices and positive behavioral intervention elements such as academic, tutoring, mentoring, literacy, vocational training, etc. Establishes the Youth Court Incarceration Alternatives Fund administered by the Department of Public Safety for nonresidential, community-based programs offering evidence-based practices and positive behavioral interventions for youth. Establishes the Tony Gobar Juvenile Justice Alternative Sanction Grant Program in the Department of Public Safety for providing grants to faith-based organizations and nonprofit organizations to operate non-duplicative programs or services such as academic tutoring/literacy, dropout prevention, vocational training, etc.
Nebraska LB 1113
Assigns the Department of Health and Human Services with duties for the early identification of foreign national minors that are wards of the state. Provides that juvenile offenders placed in detention facilities have the right to a hearing within 48 hours of their request and every 14 days to review their status. Provides that placement of a juvenile in detention will not be considered a treatment service.
Ohio SB 125
Authorizes detention facility districts having those agreements (through their taxing authority--the joint board of county commissioners) to issue securities, or to obtain loans from a financial institution, to finance construction, acquisition, and other means of providing detention facilities. Provides for the repayment of the associated debt by the participating counties through county tax levies authorized by current law, other lawful sources of county funds, rents or other charges levied for the use of a facility, or a combination of these means. Limits the annual debt service with respect to the securities to 3 percent of the detention facility district's annual operating expenses.
Oklahoma HB 2999
Eliminates the Department of Juvenile Justice and tranfers powers to the Office of Juvenile Affairs.
Oklahoma SB 1799
Requires that the rehabilitation plan for each youthful offender be tailored to his/her needs and goals. Allows the Office of Juvenile Affairs to retain custody of an offender past the age of 18 to allow intensive rehabilitation efforts to continue.
South Carolina HB 4687
Requires the Department of Juvenile Justice provide intensive community-based supervision services. Specifies that juveniles who require enhanced supervision, monitoring and contacts, or a higher level of treatment services be assigned to intensive supervision services.
South Carolina SB 601
Gives the Department of Juvenile Justice the authority to determine the release of juveniles adjudicated delinquent for a status offense or misdemeanor and the revocation of release of juveniles who have violated probation for these offense. Gives the Board of Juvenile Parole the authority to determine the release and revocation of release for all other offenses. Requires the department to develop guidelines for the release of juveniles under their jurisdiction.
Virginia HB 1279
Requires that notification be given by law enforcement to school principals when students commit crimes, whether the student is released to the custody of his parent or, if 18 years of age or more, is released on bond. Requires that any school superintendent who receives notification that a juvenile has committed an act that would be a crime if committed by an adult report such information to the principal of the school in which the juvenile is enrolled.
West Virginia SB 114
Allows county commissions and city councils to assess fees for up to $5 on people convicted of felonies, misdemeanors or municipal ordinances to fund teen courts.
West Virginia SB 517
Requires the Division of Juvenile Services to establish a multidisciplinary team treatment planning process for juveniles in its custody. Requires the team to be convened and directed by the Division of Juvenile Services for juveniles committed to its custody by the court for examination and diagnosis.
Alabama HJR 15
Establishes the Girls and Women in the Criminal Justice System Commission to study the conditions, needs, issues and problems of the criminal justice system as it affects girls and women.
Arizona SB 1339
Allows the court to prohibit a juvenile who is adjudicated delinquent for a misdemeanor from carrying or possessing a firearm while the juvenile is within the jurisdiction of the Arizona Department of Juvenile Corrections (or the Juvenile Court). Specifies that a juvenile who is adjudicated delinquent for a felony does not have the right to carry or possess a gun or firearm. (See also Prevention section.)
Colorado HB 1112 Prohibits juveniles held for offenses punishable under the juvenile code, but not adult, to be detained in a secure setting. Prohibits a juvenile court from ordering a juvenile under the age of 18 to enter a secure section of an adult correctional facility for the purpose of modifying their behavior. Allows a juvenile to be detained in an adult facility prior to a bail or bond hearing if separated by sight and sound. Requires the Department of Public Safety's Criminal Division to perform inspections on secure juvenile facilities.
Colorado HB 1123 Allows law enforcement officials to take a child into temporary custody without a court order when there are reasonable grounds to believe that the child has run away from home and the child's parent or guardian has not reported it.
Colorado HB 1315 Allows juveniles 14 and older convicted of Class 1 felonies to apply for parole after being imprisoned for 40 years. Requires wardens to provide such juveniles an opportunity for participation in treatment, programs, and services that are equal to the opportunities provided to inmates who will be eligible for parole or discharge.
Florida HB 5019 Eliminates statutory authority for boot camps and adds authority for the Sheriff's Training and Respect programs. Creates the Juvenile Justice Accountability Commission to conduct quality assurance and program evaluations. Allows a court to hold a juvenile in secure detention for violation of the terms of an adjudication order until disposition and placement. Requires the Department of Juvenile Justice to adopt uniform rules on the use of force and physical restraint. (See also Disposition and Administration sections).
Georgia SB 618 Requires that local school systems provide education to children in the custody of the Department of Human Resources or Department of Juvenile Justice that reside in the geographical area served by the school.
Kansas SB 47 Expands the responsibilities of the Kansas Advisory Group on Juvenile Justice and Delinquency Prevention to include studying the effectiveness of juvenile justice programs in reducing racial, geographic and other biases that may exist in the juvenile justice system. Expands the authority of the Group's commissioner to make grants to qualified counties for the development, implementation, operation and improvement of programs in juvenile correctional facilities to reduce racial and other biases that may exist. (See also Administration section)
Louisiana HB 187 Allows juveniles in custody of the Department of Public Safety and Corrections, office of youth services, to be compensated for work performed during work programs.
New Jersey SB 2927 Allows a juvenile to be detained with a current warrant which is active at the time of arrest for failure to appear at court proceedings. Specifies that juveniles charged with certain crimes may be temporarily placed in a shelter or other non-secure placement only if a parent or guardian cannot be located or will not accept custody of the juvenile.
Oklahoma HB 2366 Permits the Office of Juvenile Affairs' (OJA) facility superintendents to open and read mail addressed to a child or sent by a child, except in the case of mail from the child’s attorney. Abolishes archaic language describing regimented juvenile training programs and the Military Mentor program. Limits the duration of the child’s detention in a juvenile detention facility to 24 hours and prohibits a juvenile's placement in adult jails. Allows OJA to contract directly with the American Correctional Association for training. Repeals language allowing direct placement by the court of a juvenile into a regimented juvenile training program or a secure institution. Allows the OJA to require a copy of paperwork filed by parents with the local school district, giving a child permission not to attend school. Prohibits the Department of Juvenile Justice from being ordered to provide transportation for juveniles newly committed to agency custody and destined for a secure institution.
Vermont HB 306 Mandates that when the state transports a child in its custody all reasonable and appropriate measures consistent with safety are made to prevent physical and psychological trauma, to respect the privacy of the individual, and to use the least restrictive means necessary for the safety of the person being transported. Requires that mechanical restraints are not to be used routinely in transports, but may be used when circumstances warrant them provided that the reason for the restraints is documented in writing.
California AB 2618
Changes the jurisdictional limit of the juvenile court judge from $5,000 to the jurisdictional limit of the small claims court in cases related to a minor's cleanup, repair or replacement of damaged property and the liability of parents.
California SB 1626
Discourages judges from issuing “Deferred Entry of Judgment” (DEJ) to minors who have committed the most serious crimes by requiring the presiding judge to state for the record their rational for granting the lenient sentence of DEJ.
Florida HB 5019
Eliminates statutory authority for boot camps and adds authority for the Sheriff's Training and Respect programs. Creates the Juvenile Justice Accountability Commission to conduct quality assurance and program evaluations. Allows a court to hold a juvenile in secure detention for violation of the terms of an adjudication order until disposition and placement. Requires the Department of Juvenile Justice to adopt uniform rules on use of force and physical restraint. (See also Corrections and Administration sections.)
Florida SB 1748
Provides a chronological presentation of delinquency proceedings from the very first introduction of a child into the system through the outcome of the case.
Georgia SB 136
Eliminates the bail application requirement for detained youth alleged to have committed a delinquent or unruly offense. Idaho SB 1250 Provides that courts now "may" instead of "shall" make preliminary inquiries to determine whether the interests of the public or the juvenile require further action in order to prevent unnecessary complications and delays in court.
Maine SB 688
Clarifies that the bail process is not available for a juvenile charged with an adult offense. Leaves detention decisions to juvenile community corrections.
Oklahoma SB 1765
Directs the Juvenile Court to commence a preliminary hearing within 90 days. Requires the court, when ruling whether to adjudicate a person as a delinquent or a youthful offender, to place greater weight on the level of violence, degree of personal injury, and the past history of the offender. Removes the 10-year cap on sentencing, which would allow an offender to receive a longer sentence if merited. Requires that the educational needs of all juveniles be identified and provided for.
Virginia HB 45
Restricts the death penalty to those who are 18 years of age or older at the time of the capital offense.
Virginia SB 362
Raises the age limit of the the death penalty from 16 years of age to 18 years of age at the time of the capital offense.
Wisconsin AB 89
Gives exclusive jurisdiction over traffic ordinance violations by minors who are 12 to 15 years of age to the municipal court.
Arizona SB 1339
Allows the court to prohibit a juvenile who is adjudicated delinquent for a misdemeanor from carrying or possessing a firearm while the juvenile is within the jurisdiction of the Arizona Department of Juvenile Corrections (or the Juvenile Court). Specifies that a juvenile who is adjudicated delinquent for a felony does not have the right to carry or possess a gun or firearm. (See also Corrections section.)
California AB 2923
Authorizes the court to suspend or delay the driving privilege of a person of 13 years of age or older for not less than one year, nor more than three years for vandalism.
Illinois SB 2197
Authorizes more non-judicial preventative intervention options for chronically and habitually truant youths and their families.
Indiana HB 1093
Makes possessing a knife on school property or on a school bus a Class B misdemeanor. Makes the offense a Class A misdemeanor if the offender has a previous unrelated conviction and a Class D felony if the offense results in bodily injury or serious bodily injury to another person. Adds battery against, and the harassment of, a school employee to the list of offenses that must be reported to a local law enforcement agency.
Maryland HB 686
Establishes a Delinquency Prevention and Diversion Services Task Force and provides for the membership and co-chairs of the task force. Requires the Department of Juvenile Services to staff the task force and prohibits members from receiving compensation, but allows specified reimbursement.
New Jersey SB 2595
Requires the attorney general to prepare a pamphlet to educate children about pedophile crimes and how to reduce their chances of becoming victims of such crimes. Requires the pamphlet to be distributed to all public and private elementary and secondary schools throughout the state. Requires the schools to reproduce the pamphlet for distribution to the students.
Virginia HB 692
Allows the Department of Corrections or a locally operated court service unit to release any information relating to gang-related activity obtained from an investigation of a juvenile affiliated with a criminal street gang to any state police, local police department, or sheriff's office. Requires the exchange of information must be for the purpose of an investigation into criminal street gang activity.
Virginia HB 847
Requires the departments of Corrections and Juvenile Justice to collect information on individuals identified as criminal gang members and transmit it to the commonwealth's Attorneys' Services Council, for distribution to attorneys for the commonwealth. Specifies that law-enforcement agencies, school administrations and probation offices are included as entities that may examine certain juvenile records held by the Department of Juvenile Justice if there is a court order determining that they have a legitimate interest. Allows the information to be given to a criminal justice agency that is conducting research.
Virginia SB 129
Allows the Department of Corrections or a locally operated court service unit to release any information relating to gang-related activity obtained from an investigation of a juvenile affiliated with a criminal street gang to any State Police, local police department, or sheriff's office. Requires the exchange of information must be for the purpose of an investigation into criminal street gang activity.
Virginia SB 190
Authorizes the superintendent of Public Instruction, the director of the Department of Juvenile Justice, and the commissioner of Social Services to issue orders of summary suspension of a license to operate a group home or other residential facility for children, in cases of immediate and substantial threat to the health, safety and welfare of residents.
Virginia SB 561
Requires the departments of Corrections and Juvenile Justice to collect information on individuals identified as criminal gang members and transmit it to the commonwealth's Attorneys' Services Council, for distribution to attorneys for the commonwealth. Specifies that law-enforcement agencies, school administrations and probation offices are included as entities that may examine certain juvenile records held by the Department of Juvenile Justice if there is a court order determining that they have a legitimate interest. Allows the information to be given to a criminal justice agency that is conducting research.
Arizona SB 1328
Establishes the Joint Legislative Committee on Youthful Sex Offenders to define a category for youthful sex offenders, review charging and sentencing practices for youthful sex offenders who were charged as adults, and assesses the current psychological and treatment services for youthful sex offenders. Requires the committee to review housing policies for youthful sex offenders, sex offender notification processes for transferred youth, adult supervision and case management practices and policies.
Colorado HB 1088
Removes the statute of limitations for prosecuting sex crimes against children. Includes adult and juvenile offenders.
Utah HB 56
Requires that juvenile sex offenders committed to the Division of Juvenile Justice Services for secure confinement who remain in the division's custody 30 days prior to their 21st birthday register as sex offenders.
Utah SB 167
Allows the court to use the sentencing option of diversion in situations involving sexual activity between two children younger than 16.
Alabama HB 348
Allows juveniles adjudicated delinquent of drug offenses to not be required to pay the fees associated with the Drug Remand Reduction Assessment Act.
Arizona SB 1128
Changes the definition of "incompetent" in the juvenile competency statutes to specify that age alone does not make a person incompetent.
Colorado SB 5
Requires individual and group health benefit plans providing coverage for mental heath services to provide the coverage regardless of whether the services are voluntary or court ordered as a result of contact with the criminal or juvenile justice systems.
Georgia HB 1145
Requires that a juvenile be represented by an attorney when being evaluated for competency. Requires a full mental health evaluation if the juvenile is found not competent. Requires that juveniles who are found not competent be treated in the least restrictive environment and that community-based treatment options be exhausted before treatment in a secure facility is considered.
Louisiana HB 503
Requires the findings of fact and the reasons for judgment for ordering a mental examination be attached to the order for the mental examination. Requires that the order set the time and date of the contradictory hearing. Requires the clerk of court to inform the Department of Health and Hospitals of the date and time of the hearing and to provide this information to the sanity commission. Requires the court to order the district attorney and counsel for the child to provide the documents to the commission within five business days. Requires that a child's mental capacity be determined after a contradictory hearing. If the child is in a secure detention facility, the hearing will be held within 45 days of the appointment of the sanity commission. Otherwise, the hearing will be held within 60 days of the appointment of the sanity commission. Provides that if the alleged act is a felony and the child lacks capacity, the court may dismiss the petition, place the family in Families in Need of Services (FINS), commit the child, or place him with his parents. Provides that if the alleged act is a misdemeanor and the child lacks capacity, the court may dismiss the petition or place the family in FINS. Provides that if a child lacks the capacity to proceed due to immaturity, the court cannot directly commit or place the child, but it may dismiss the petition, place the child's family in the FINS program, or continue the matter for six months to review the child's capacity to proceed.
Provides that an out-of-home placement or commitment must be in a separate unit and program from an adult forensic program unless the child is 17 years of age or older, and the court finds after a contradictory hearing that the child can be appropriately treated in an adult forensic program. Provides that if competency has not been reached in six months, the provider must predict whether the child will likely reach competency within two years of the initial sanity evaluation, and if not, the court must conduct a contradictory hearing and determine a course of action. Provides that if at the end of two years after the initial contradictory hearing, the child has not attained competency and there is evidence that the child will not attain competency within a year, the court must hold a hearing and determine a course of action. If the child has not attained competency within three years of the initial competency hearing, the court must either dismiss the petition, place the family in FINS, place the child with his family or other suitable placement, or commit him to a suitable treatment facility if the child is a danger to himself or others, or is gravely disabled.
Louisiana HB 1372
Allows any juvenile transferred for criminal trial to seek a special sanity hearing.
Maryland HB 1257
Authorizes the juvenile court to order the Department of Health and Mental Hygiene (DHMH) or a qualified expert to conduct an evaluation of a child's competency to proceed. Clarifies the definition of "qualified expert" to require such experts to have obtained DHMH-approved training in the forensic evaluation of children.
Oklahoma HB 2485
Establishes the Task Force on Adolescent Substance Abuse and Misuse of Household Items to study the prevalence of the misuse and abuse of drugs and household items among adolescents. Requires the task force to study mechanisms to prevent such abuse including, but not limited to, education program, substance abuse treatment and prevention, and retail restrictions.
Utah UCR 3
Urges public educators to use Prevention Dimensions, the state's safe and drug free school curriculum to educate students on substance abuse. Urges citizens to increase their awareness about the destructive effects of tobacco, alcohol and illicit drugs on youth. Recognizes local youth councils and groups for keeping their peers from using tobacco, alcohol and drugs.
Virginia HB 1017
Clarifies the juvenile intake process where it is unnecessary to file a petition for certain alcohol-related offenses to make it consistent with implied consent statutes, specifically: maiming, etc., of another resulting from driving while intoxicated; persons under 21 driving after illegally consuming alcohol; and driving after forfeiture of license.
California AB 2850
Clarifies that juveniles arrested on or after Nov. 3, 2004, for murder, voluntary manslaughter, a felony registerable sex offense, or an attempt to commit one of those crimes must provide DNA samples and print impressions immediately following arrest or during booking.
Maine HB 1301
Allows the Department of Corrections to share information regarding clients in order to improve the overall delivery of services to clients and to assist in the placement of pre-adjudicated juveniles as an alternative to detention.
Ohio HB 137
Revises the procedure by which a juvenile court may seal and expunge juvenile records to automatically require the sealing of juvenile records if there is no adjudication. Permits the sealing if there is an adjudication. Authorizes the expungement of all sealed records the earlier of either (1) five years after the court issues the sealing order, or (2) upon the 23rd birthday of the person subject of the sealing order.
Vermont SB 194
Removes the requirement that a person apply to seal his or her delinquency record. Provides that for delinquencies committed on or after July 1, 1996, the record will be sealed automatically if two years have elapsed since the final discharge of the person, the person has not been convicted of a listed crime or adjudicated delinquent of such an offense after such initial adjudication, and no proceeding is pending seeking such conviction or adjudication; and the person's rehabilitation has been attained to the satisfaction of the court.
Virginia HB 95
Requires a parent, guardian, or other person having control or charge of a child of school age to provide to a public school, upon registration of a student, information concerning criminal convictions or delinquency adjudications.
Virginia SB 567
Allows the Virginia Criminal Sentencing Commission access to juvenile record information for research purposes.
New Hampshire HB 627
Raises the age of majority for juvenile court jurisdiction to age 17. Removes the requirement that such offenders be committed to the youth development center.
Oklahoma SB 1756
Requires the court to clearly identify an individual as a youthful offender and detail the history of the Youthful Offender Act on him or her when dealing with a juvenile who is eligible for sentencing as an adult.
Oklahoma SB 1760
Requires that children aged 15 to 17 be automatically charged as adults if they are charged with first degree murder.
South Dakota SB 28
Specifies that any delinquent child 16 years of age or older against whom felony charges have been filed will be tried in circuit court as an adult. Allows the child to request a transfer hearing to determine if it is in the best interest of the public that the child be tried in circuit court as an adult.
West Virginia HB 4683
Establishes the right to trial by jury for juvenile delinquency acts that constitute a crime punishable by incarceration if committed by an adult.
Arizona SB 1396
Requires the director of the Arizona Department of Juvenile Corrections (ADJC) to deposit youth restitution money in the ADJC Restitution Fund. Requires a parent or guardian, rather than the youth, to pay the juvenile’s supervision fee of not less than $50 a month directly to the ADJC Restitution Fund.
Iowa HB 2651
Requires that after a juvenile is discharged and reaches the age of 18, all unpaid restitution orders constitute a judgment and lien against all property of the juvenile. Requires all juvenile delinquency records to be sealed except the name of the court, the title of the action, and the court's file number. Requires the restitution order to remain a judgment and lien against any property until the restitution is paid in full.
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