Posted February 11, 2008

Juvenile Justice

Legislation Enacted in 2007

Statenet

Alabama HB 764 – Chapter 2007-329

Statenet Summary: Provides for a one-time supervision fee on juvenile court cases. Establishes a Juvenile Court Services Fund.

Alabama HJR 525 – Chapter 2007-583

Statenet Summary: Extends the operation, reporting, date, and life of the Commission on Girls and Women in the Criminal Justice System.

Alaska HB 90 – Chapter 24

Statenet Summary: Relates to purchase of alcoholic beverages and civil liability for persons accessing licensed premises; requires driver's licenses and identification cards to be marked for certain convictions and probation conditions, and fees for the marked license or card; relates to the information contained on driver's licenses; relates to surrender and cancellation of driver's licenses and identification cards, prostitution, the DNA registration system, sex offenders parole or registration, and bail.
NCSL Comments: Provides for taking DNA samples from adults and minors 16 years of age or older arrested for a crime against a person and other related felonies. Provides for destruction of such samples if the person is released without being charged or not convicted. Creates class A misdemeanor crime of violation by a sex offender of conditions of probation or parole when the offender violates specified conditions the court finds to be specifically related to the offense. Creates crime of failure to report a violent crime committed against an adult, defining circumstances. Adds crime of promoting prostitution in the first degree to those for which felony class is elevated for sentencing based on injury and other aggravated circumstances. Also allows courts to sentence such offenders up to 99 years and fine up to $500,000. Eliminates statute of limitations for attempts and conspiracy to commit murder and crime of kidnapping. Extends period of probation for a felony sex offense to 25 years (10 years for any other offense.)

Arkansas HB 1475 – Chapter 257

Statenet Summary: Amends the jurisdiction of juvenile courts to ensure that a felony or misdemeanor committed by a juvenile before the juvenile is eighteen years of age may be prosecuted in the Juvenile Division of Circuit Court.
NCSL Comments: Specifies that juvenile courts may prosecute a person 18 years of age for a felony or misdemeanor committed when the juvenile was younger than 18.

Arkansas HB 2248 – Chapter 742

Statenet Summary: Protects the confidentiality of personally identifying information in juvenile records, adds correspondence, memoranda, case histories, and other material that personally identifies a juvenile to the list of types of records that are protected, provides no disclosure shall be made to any committee or legislative body of any information identifying the recipient of services by name or address unless the juvenile, the juvenile's attorney, and the juvenile's parent, guardian or custodian agree to a waiver.

Arkansas HB 2490 – Chapter 643

Statenet Summary: Requests that the House Interim Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth study the Juvenile Justice System regarding juveniles who have been committed to the Division of Youth Services or who are otherwise being detained in juvenile detention centers.

Arizona HB 2016 – Chapter 178

Statenet Summary: Provides for the detention of a material witness if it appears from an affidavit filed by a party that testimony of a person is material in a criminal proceeding and if it is shown that it may become impracticable to secure the presence of the person by subpoena because of the immigration status of the person and that testimony cannot be adequately secured by deposition, provides for detention of the witness in a secure facility, prison or in the case of juvenile witnesses, a juvenile corrections facility.
NCSL Comments: Allows a juvenile material witness to be detained in a juvenile detention facility or jail that is separate and apart from where adults are confined. Requires that if adults are present, the juvenile to be in a physically separate section from any adult and there they must be no sight or sound contact between the juvenile and adult.

Arizona HB 2342 – Chapter 248

Statenet Summary: Concerns unlawful sexual conduct involving prisoners, relates to offenses involving child prostitution, relates to corrections officers, juvenile corrections officers and volunteers, relates to private prison facilities, prohibits photographing or videotaping for sexual reasons, prohibits early release for violators, relates to a work furlough.
NCSL Comments: Increases the time from 60 months to 84 months in which a driving under the influence offense will be classified as a "historical prior felony". Includes child prostitution in the list of offenses classified as a "serious offense". Provides a person convicted of luring a minor for sexual exploitation be sentenced to ten years imprisonment for a first offense and 15 years for a second offense and is not eligible for early release. Adds luring a minor for sexual exploitation to the list of offenses classified as "dangerous crimes against children". Provides a sentence for sex trafficking shall run consecutive to any additional sentences imposed. Creates the crime of sex trafficking with a minor under 18 years old. Makes clerifying changes to the definition of unlawful sexual conduct in correctional facilities. Adds engaging in prostitution with a minor to the list of offenses classified as "child prostitution". Provides a sentence for prostitution with a minor who is 15, 16, or 17 years old shall run consecutive to any other sentence. Requires a person who is convicted of prostitution with a minor and sentenced to probation to serve a thirty day jail sentence. Creates a sentencing range for child prostitution if the minor is 15, 16 or 17 years old.

Arizona HB 2344 – Chapter 124

Statenet Summary: Relates to juvenile graffiti, concerns monetary assessment, hearing officers, appointments, terms, compensation, hearings, required attendance and contempt, requires a fine from a juvenile adjudged delinquent, provides for community restitution service.
NCSL Comments: Requires juveniles who deface a public or private building, structure or surface to pay a fine of at least $300 and not more than $1,000. Allows the juvenile, in lieu of paying the fine, to perform community restitution credited at the rate of $10 per hour at the court's discretion. Specifies that court ordered restitution must be paid before any payment owed to the state.

Arizona SB 1041 – Chapter 22

Statenet Summary: Relates to juvenile corrections and supervision of a probation department, provides that the department may temporarily escort a juvenile from secure care for compassionate leave or treatment, education or rehabilitation.
NCSL Comments: Allows the Department of Juvenile Corrections to temporarily escort youth from secure care for the purposes of compassionate leave, treatment, education and rehabilitation.

Arizona SB 1130 – Chapter 134

Statenet Summary: Concerns competency reports on juveniles in custody, relates to privilege against self-incrimination, relates to sealed reports.
NCSL Comments: Expands access to sealed juvenile competency reports to include the Arizona Department of Corrections (ADC) for the purpose of assessment and supervision/monitoring if the juvenile is in the custody of or is scheduled to be transferred into the custody of ADC.

Arizona SB 1222 – Chapter 287

Statenet Summary: Relates to increased criminal penalties for conviction of certain crimes if such offense was committed in connection with membership in a criminal street gang, establishes other provisions regarding membership in a criminal street gang, relates to registration of sex offenders, provides for sex offender monitoring.
NCSL Comments: Increases the presumptive sentence of a person who is convicted of committing any felony offense with the intent to promote, further or assist any criminal conduct by a criminal street gang by five years if the offense is a class 2 or 3 felony. Allows the court to impose, if a person is convicted of a felony offense that is committed in a school safety zone, a sentence that is up to five years longer than the minimum, maximum and presumptive sentence for that violation if the person is a criminal street gang member. Specifies that threatening or intimidating is a class 6 felony if the person is a criminal street gang member. Increases, from a class 4 to a class 3 felony, the offense of threatening or intimidating if the person threatens or intimidates by word or conduct to cause physical injury to another person or damage to the property of another in order to promote, further or assist in the interests of or to cause, induce or solicit another person to participate in a criminal street gang, a criminal syndicate or a racketeering enterprise. Stipulates that obstructing a criminal investigation or prosecution is a class 3 felony if the person commits the offense with the intent to promote, further or assist a criminal street gang. Designates hindering prosecution in the first degree as a class 3 felony if the person commits the offense with the intent to promote, further or assist a criminal street gang. Establishes a Joint Legislative Study Committee on Security Threat Groups and Criminal Street Gangs. Allows Department of Public Safety to contract with qualified venders to provide data monitoring and alert systems for persons found to be in street gangs and those required to register as sex offenders. Requires respective vendor to monitor movement and any change of residence and notify law enforcement of such.

Arizona SB 1445 – Chapter 137

Statenet Summary: Relates to the Department of Juvenile Corrections, concerns committed youths, relates to the sale of products produced by committed youths pursuant to an educational, vocational, treatment, training or work program by the Department of Juvenile Corrections: provides that proceeds from such sales shall be deposited in the Department of Juvenile Corrections Career Technical Education Fund, relates to the purchasing of goods by the Department for these purposes.
NCSL Comments: Establishes the Arizona Department of Juvenile Corrections Career Technical Education Fund. Authorizes the Arizona Department of Juvenile Corrections to establish programs for the production and sale of products made by committed youths. Restricts persons adjudicated delinquent for a crime from earning money from crime related products.

Arizona SB 1628 – Chapter 176

Statenet Summary: Provides for treatment of youthful sex offenders, relates to the court of adult or juvenile probation and treatment programs in the department of juvenile corrections.
NCSL Comments: States that sex offenders must be placed in a treatment program with similar offenders of a similar age and developmental maturity level if group treatment is prescribed. Requires mental health treatment programs to: 1)Comply with the Professional Code of Ethics for the Association for the Treatment of Sexual Abusers, 2) Not include the use of images that are obscene or constitute sexual exploitation of a minor. Defines a sex offender as a person who is: 1)Twenty-one or younger, 2)Adjudicated delinquent for or convicted of a sex offense that does include persons who, during the commission of the offense, discharge, use or threaten with a deadly weapon or dangerous instrument. Requires the court, at the request of a probationer, to conduct a probation hearing at least once a year for a probationer who: 1)Is under 22 years old, 2) Was convicted of an offense that occurred before the person turned 18, 3) Was convicted of a sex offense requiring registration. States that at the hearing, the court must considerwhether to continue, modify or terminate probation, whether to continue, suspend or terminate a person's duty to register as a sex offender and whether to continue, defer or terminate community notification. States that if a juvenile is being prosecuted as an adult for a sex offense at the discretion of the prosecutor, the court must hold a hearing to determine if jurisdiction should be transferred to the juvenile court if: 1) The juvenile makes a motion or the court decides, on its own motion to initiate the hearing, 2) The offense was committed more than 12 months before the date that criminal charges were filed. Transfers the juvenile to juvenile court if the court finds by clear and convincing evidence that public safety and the rehabilitation of the juvenile would be best served by doing so. Provides potential placements and reporting requirements for the juvenile upon making the determination that the juvenile should be tried in juvenile court. Outlines factors the court must consider in determining whether the public safety and juvenile's rehabilitation would be served by transferring the juvenile to juvenile court.

California AB 1291 – Chapter 457

Statenet Summary: Authorizes the Juvenile Court, if a minor is found to be a ward of the court by reason of the commission of a gang-related offense, and the court finds the minor is a first-time offender and orders a parent or guardian shall retain custody of the minor, either subject to or without the supervision of a probation officer, to order them to attend antigang violence parenting classes. Provides the relationship of the persons who shall be liable for the cost of the classes. Provides an exception.
NCSL Comments: Authorizes the Juvenile Court to order anti-gang violence classes for parents of juveniles found in violation of gang-related offenses.

California AB 1300 – Chapter 458

Statenet Summary: Provides that a ward confined in a facility of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, shall be encouraged to communicate with family members, clergy, and others, and to participate in programs, that will facilitate education, rehabilitation, and accountability to victims. Requires the division or facility to maintain a toll-free telephone number for visitation information. Provides that the proximity to family be considered in placement of a juvenile.
NCSL Comments: Expands the California Department of Corrections and Rehabilitation's Department of Juvenile Programs' purpose to include the provision of comprehensive education to youthful offenders, in addition to training, treatment, and rehabilitative services, and it would provide that the services shall be designed to promote family ties, in addition to community restoration and accountability to victims, and to produce youth who become law-abiding and productive members of society. provide that a ward confined in a facility of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, shall be encouraged to communicate with family members, clergy, and others, and to participate in programs, that will facilitate his or her education, rehabilitation, and accountability to victims, and that may help the ward become a law-abiding and productive member of society. Requires the division or facility to maintain a toll-free telephone number for information relating to visitation.

California AB 1381 – Chapter 459

Statenet Summary: Establishes the Office of Gang and Youth Violence Policy which would be responsible for coordinating and assisting various persons and entities with strategies to prevent violence and gang involvement, and which, and to the extent feasible, would be authorized to perform related duties, including establishing an Internet Web site. Requires the office to submit a report containing specified recommendations and other information.

California AB 1687 – Chapter 552

Statenet Summary: Provides that a health care provider may disclose medical information to a county social worker, a probation officer, or any other person legally authorized to have custody or care of a minor for the purpose of coordinating health care services and medical treatment. Prohibits persons who received the information from further disclosing that information unless it is for coordinating health service and medical treatment of the minor and the disclosure is authorized by law. Relates to juvenile proceedings.

California SB 81 – Chapter 175

Statenet Summary: Makes an appropriation for corrections under the State Budget Act for fiscal year 2007-2008.
NCSL Comments: Requires the Department of Corrections to conduct site assessments when determining where to add prison beds for programming and medical treatment. Requires the Corrections Standards Authority to ensure that construction of new jails beds be for reentry facilities. Requires the Department of Corrections and Rehabilitation to provide operational and fiscal information for the governor's budget. Requires the Department of Corrections to include a research component to each relapse prevention treatment program. Requires the management review audit to include an assessment of the maintenance of each facility. Requires local jurisdictions to submit claims to the Department of Corrections for reimbursement within six months of when the cost was incurred. Increases from 19 years old to 21 years old when a ward that is detained in a juvenile facility may remain in contact with other persons detained in the facility and requires the county to apply to the Correctional Standards Authority for permission to continue to detain those older than 19 years. Restricts a courts authority for sentencing a juvenile to the Department of Corrections to only specific offenses and required the court to recall any sentenced that are not included on the specified offenses list. Requires the county of commitment instead of the Division of Juvenile Facilities to supervise the release of minor from a detention facility. Increases membership from 11 to 12 for the State Commission on Juvenile Justice. Established the Youthful Offender Block Grant Program to enhance the capacity of county departments to provides appropriate rehabilitative and supervision services to youthful offenders.

California SB 518 – Chapter 649

Statenet Summary: Enacts the Youth Bill of Rights in connection with youth confined in a facility of the Division of Juvenile Facilities. Enumerates various specific rights. Requires every facility to provide each youth who is placed in the facility with an age and developmentally appropriate orientation that includes an explanation and a copy of the rights. Requires the facility to post the listing of the rights. Requires the facilities services without discrimination. Creates a related Office of Ombudspersons.
NCSL Comments: Enacts a "Youth Bill of Rights" which provides that it is the policy of the state that all children confined in a juvenile facility or an adult facility housing youth have the following rights:

To live in a safe, healthy, and clean environment conducive to treatment and rehabilitation and where they are treated with dignity and respect.
To be free from physical, sexual, emotional, or other abuse, or corporal punishment.
To receive adequate and healthy food and water, sufficient personal hygiene items, and clothing that is adequate and clean.
To receive adequate and appropriate medical, dental, vision, and mental health services.
To refuse the administration of psychotropic and other medications consistent with applicable law or unless immediately necessary for the preservation of life or the prevention of serious bodily harm.
To not be searched for the purpose of harassment or humiliation or as a form of discipline or punishment.
To maintain frequent and continuing contact with parents, guardians, siblings, children, and extended family members, through visits, telephone calls, and mail.
To make and receive confidential telephone calls, send and receive confidential mail, and have confidential visits with attorneys and their authorized representatives, ombudspersons and other advocates, holders of public office, state and federal court personnel, and legal service organizations.
To have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
To have regular opportunity for age-appropriate physical exercise and recreation, including time spent outdoors.
To contact attorneys, ombudspersons and other advocates, and representatives of state or local agencies, regarding conditions of confinement or violations of rights, and to be free from retaliation for making these contacts or complaints.
To participate in religious services and activities of their choice.
To not be deprived any of the following as a disciplinary measure: food, contact with parents, guardians, or attorneys, sleep, exercise, education, bedding, access to religious services, a daily shower, a drinking fountain, a toilet, medical services, reading material, or the right to send and receive mail.
To receive a quality education that complies with state law, to attend age-appropriate school classes and vocational training, and to continue to receive educational services while on disciplinary or medical status.
To attend all court hearings pertaining to them.
To have counsel and a prompt probable cause hearing when detained on probation or parole violations.
To make at least two free telephone calls within an hour after initially being placed in a facility of the DJF following an arrest.

Colorado HB 1057 – Chapter 325

Statenet Summary: Creates demonstration programs for system of care facility advocates for mental health juvenile justice populations that are implemented and monitored by the Division of Mental Health, and other entities including the task force for continuing examinations of the treatment of person with mental illnesses who are involved in the criminal and juvenile justice system, requires related reports regarding the programs.

Colorado HB 1129 – Chapter 64

Statenet Summary: Concerns restorative justice programs, encourages each local Juvenile Services Planning Committee to consider restorative justice programs when developing its resources plan, creates the Restorative Justice Coordinating Council.
NCSL Comments: Encourages the Local Juvenile Services Planning Committee to consider including programs with restorative justice components when developing plans for local juvenile services. Establishes the 9-member Restorative Justice Coordinating Council in the Judicial Department to support the development of programs, serve as a repository for information, and provide technical assistance. Requires the Tony Grampsas Youth Services Board to set restorative justice components as a criteria to consider for grants.

Colorado HB 1161 – Chapter 273

Statenet Summary: Requires local juvenile services planning committees to be trained in the use of the risk assessment tool used by the Division of Youth Corrections in the Department of Human Services.

Delaware HB 56 – Chapter 23

Statenet Summary: Provides for enhanced Truancy Court activities in the Justice of the Peace Court; allows the Truancy Court to retain jurisdiction over a parent or student who has been charged with truancy, even if that child is subsequently withdrawn from the public school and enrolled in a private or non-public educational environment; specifies that once the Court is satisfied the withdraw was not an attempt to avoid the jurisdiction of the Court, the Court will close the case.
NCSL Comments: Allows the Truancy Court to retain jurisdiction over a parent or student who has been charged with truancy, even if that child is subsequently withdrawn from the public school and enrolled in a private or non-public educational environment. Specifies that once the Court is satisfied the withdraw was not an attempt to avoid the jurisdiction of the Court, the Court will close the case.

Delaware HB 179 – Chapter 130

Statenet Summary: Re-authorizes juvenile probation and parole officers working for the Division of Youth Rehabilitative Services in the Operation Safe Streets program to carry a firearm while in the field.

Delaware SB 26 – Chapter 12

Statenet Summary: Provides for enhanced Truancy Court activities in the Justice of the Peace Court; eliminates the need to transfer a case of contempt by a juvenile to the Family Court for adjudication when that contempt has arisen in relation to a refusal to obey an order of the Justice of the Peace Court associated with an ongoing case of truancy; provides that the Justice of the Peace Court would have full authority to adjudicate that contempt charge, including any rehabilitative measures or penalties.
NCSL Comments: Eliminates the need to transfer a case of contempt by a juvenile to the Family Court for adjudication when that contempt has arisen in relation to a refusal to obey an order of the Justice of the Peace Court associated with an ongoing truancy case. Provides that the Justice of the Peace Court have full authority to adjudicate contempt charges, including any rehabilitative measures or penalties.

Hawaii SB 228 – Chapter 196

Statenet Summary: Requires minors who apply graffiti as well as their parent or legal guardian to remove the graffiti from the affected property and to perform community service to remove graffiti from other properties; creates a new penalty for property damage that involves graffiti by requiring the defendant to remove their graffiti from the affected property and to perform community service to remove graffiti from other properties.

Hawaii SB 1444 – Chapter 33

Statenet Summary: Clarifies the purpose of committing youth to the State Youth Correctional Facility; provides for the custody, rehabilitation, and institutional care and services to prepare for reentry into their communities and families, youth committed by the courts of the state.
NCSL Comments: Requires the State Youth Correctional Facility to provide adequate custody, rehabilitation, and institutional care and services to prepare for youth reentry into their communities and families.

Idaho SB 1142 – Chapter 308

Statenet Summary: Amends existing law relating to Juvenile Corrections to authorize the courts to order that the Department of Health and Welfare conduct comprehensive substance abuse assessments of juveniles and to order immediate treatment under certain conditions.
NCSL Comments: Allows a judge to order juveniles undergo a substance abuse assessment and based on that assessment, may order a juvenile to receive substance abuse treatment based on a treatment plan approved by the court.

Illinois HB 438 – Chapter 95-198

Statenet Summary: Amends the School Code. Concerns bullying prevention education. Provides that, in addition to providing for instruction in bullying prevention, each school district may make suitable provisions for instruction in gang resistance education and training in all grades and include such instruction in the courses of study regularly taught therein. Provides for gang resistance education and training. Relates to youth delinquent gangs.
NCSL Comments: Provides for gang resistance education and training in schools. Requires the school board to collaborate with state and local law enforcement agencies for such training.

Illinois HB 615 – Chapter 95-123

Statenet Summary: Amends the Juvenile Court Act of 1987. Relates to a court order permitting disclosure of law enforcement records that relate to a minor. Provides that a civil subpoena is not an order of the court. Provides that the court shall consider the minor's interest in confidentiality and rehabilitation over the moving party's interest in obtaining the information. Requires a notice to the attorney or guardian ad litem of the minor.
NCSL Comments: Strengthens the current juvenile record confidentiality law. Specifies that only a judge assigned to hear juvenile court cases may issue an order releasing the juvenile's arrest or court records. States that civil subpoenas can not be used to circumvent the confidentiality provisions of the juvenile court. Provides that the court must consider the minor's interest in confidentiality and rehabilitation over the opposing party's interest in obtaining the information contained in the juvenile's record.

Illinois SB 521 – Chapter 95-376

Statenet Summary: Amends the State's Attorneys Appellate Prosecutor's Act. Allows the Office of the State's Attorneys Appellate Prosecutor to develop a Juvenile Justice Resource Center to study and implement model systems for the adjudication of juveniles in the justice system in cases in which a sentence of incarceration or an adult sentence is an authorized disposition. Provides for training. Provides for the assistance of expert witnesses and investigators from appropriated funds.
NCSL Comments: Allows the Office of the State's Attorneys Appellate Prosecutor to develop a Juvenile Justice Resource Center to study and implement model systems for the adjudication of juveniles in the justice system in cases in which a sentence of incarceration or an adult sentence is an authorized disposition.

Indiana HB 1339 – Chapter 120

Statenet Summary: Relates to family law and juvenile law, provides that information provided by a child in the course of a court ordered mental health screening, assessment, evaluation, or treatment provided during juvenile court, probation, or intake proceedings may not be admitted as evidence against the child on the issue of whether the child committed a delinquent act or a crime, allows disclosure to be admitted if the disclosure relates to facts or circumstance of a homicide.
NCSL Comments: Provides that information provided by a child in the course of a court ordered mental health screening, assessment, evaluation, or treatment provided during juvenile court, probation, or intake proceedings may not be admitted as evidence against the child on the issue of whether the child committed a delinquent act or a crime. Allows disclosure to be admitted if the disclosure relates to facts or circumstance of a homicide.

Indiana SB 108 – Chapter 7

Statenet Summary: Requires a court to consider counseling as part of the sentence imposed on an adult or juvenile who has committed animal cruelty, permits a court to order the adult or juvenile to receive psychological, behavioral or other counseling as part of the sentence or dispositional decree.

Iowa SB 204 – Chapter 2007-38

Statenet Summary: Relates to the Department of Public Safety Practices and Procedures; relates to the general powers of a peace officer within the limits of any city; provides that a person required to register as a sex offender shall submit a DNA sample for DNA profiling; provides for a civil action for damages; provides procedures for taking a juvenile into custody; provides for a final disposition; includes pachislo skill-stop machines or other similar machine devices as gambling devices.
NCSL Comments: Provides that any person required to register as a sex offender must submit a DNA sample for DNA profiling. Changes from every one year to four years adult arrest or juvenile taking into custody records stored without disposition data that must be removed unless there is an outstanding arrest warrant or detainer on such record.

Kansas HB 2074 – Chapter 2007-23

Statenet Summary: Provides that fingerprints or photographs shall not be taken of any juvenile taken into custody except for an offense which, if committed by an adult, would constitute a felony or assault; provides that photographs may be taken in a juvenile detention facility solely for purposes of identification and in instances of an escape; provides for sending a juvenile's fingerprints and photograph to a state or federal repository under specified circumstances.
NCSL Comments: Prohibits fingerprints or photographs be taken of any juvenile taken into custody except for an offense which, if committed by an adult, would constitute a felony or assault. Provides that photographs may be taken in a juvenile detention facility solely for purposes of identification and in instances of an escape.

Kansas SB 166 – Chapter 2007-198

Statenet Summary: Concerns criminal procedure; relates to misuse of a permanent maintenance fund fund in a manner not authorized by law by a custodian or person having charge of such funds by virtue of the position; provides that sexual exploitation of a child is a severity level 5, person felony; relates to new felonies committed by an offender in a juvenile correctional facility which would be a felony if committed by an adult. and offenses committed by persons on release; relates to fraud, patients rights and quarantine.
NCSL Comments: Provides when a new felony is committed while an offender is incarcerated in a juvenile correctional facility for an offense, which if committed by an adult would constitute the commission of a felony, the court shall sentence the offender to imprisonment for the new conviction, even when the new crime of conviction otherwise presumes a nonprison sentence and jurisdiction for the offender will be transfered to the Department of Corrections excpet for continuing collection of restitution. Clarifies that crimes similar to those listed as sex crimes for which a second offese constitutes a minimum penalty of 40 years imprisonment also qualify for the increased penalty.

Maine HB 64 – Chapter 120

Statenet Summary: Prohibits transfer of Salvia Divinorum to minors and prohibits possession by minors; adds Salvia Divinorum to the list of Z drugs, which currently includes marijuana; makes possession of Salvia Divinorum a Class E crime; makes trafficking or furnishing of Salvia Divinorum a Class D crime; specifies that trafficking may be proven by possession of more than a pound of Salvia Divinorum; provides a defense if the minor presented fraudulent proof of age; provides for alternative sentencing.

Maine HB 313 – Chapter 275

Statenet Summary: Limits the liability of charitable organizations for damages caused by a juvenile or adult participating in a supervised work or service program or performing community service; extends the limitation of liability to adults participating in such programs; clarifies that the limitation of liability extends to the State and its political subdivisions.
NCSL Comments: Adds adults participating in a supervised work or service program, performing community service or providing restitution and causes injury or death to a charitable organization's limited liability.

Maine HB 353 – Chapter 304

Statenet Summary: Strengthens the truancy laws by making it a Class E crime for parents who fail to take corrective measures for truant children from kindergarten to grade 6; provides for alternative instruction; relates to civil crimes by parents; provides for truancy notice to local law enforcement and the Department of Health and Human Services.

Maine HB 399 – Chapter 96

Statenet Summary: Amends laws relating to juveniles; provides that when a juvenile detainee or juvenile held in non-secure custody is being transported or is held in a court holding area; repeals a provision regarding community resolution teams; addresses the issue of a juvenile who receives a suspended order of commitment to a facility; relates to period of confinement; relates to criminal restraint of a child by a parent where the child cannot be found; allows a law enforcement officer may arrest with probable cause.
NCSL Comments: Provides that when a juvenile is being held in nonsecure custody or is being detained and is transported to court or to a juvenile facility, the juvenile must be separated by sight and sound from any adult detainee.

Maine SB 226 – Chapter 277

Statenet Summary: Extends the application of the bail accord and satisfaction provisions in the criminal laws to certain juvenile offenses; relates to conditions of release; relates to a juvenile who has not been previously adjudicated of a juvenile crime or been the subject of a juvenile petition.
NCSL Comments: Extends the application of the bail accord and satisfaction provisions to juvenile charged as adult.

Maryland HB 1325 – Chapter 648

Statenet Summary: Authorizes the establishment of a Truancy Reduction Pilot Program in Harford County and Prince George's County, makes provisions relating to Truancy Reduction Pilot Programs in specified counties applicable to Harford County and Prince George's County, establishes that after consultation with the administrative judges of the first, third and seventh circuits, the chief judge of the court of appeals may accept a gift or grant to implement the pilot programs in each respective circuit.
NCSL Comments: Authorizes the establishment of a Truancy Reduction Pilot Program in Harford County and Prince George's County. Establishes that after consultation with the administrative judges of the first, third and seventh circuits, the chief judge of the court of appeals may accept a gift or grant to implement the pilot programs in each respective circuit.

Maryland SB 175 – Chapter 526

Statenet Summary: Requires the Secretary of Juvenile Services to establish a statewide Program of volunteer mentors for children in detention or committed placement, requires the Program to try and place mentors in a specified manner, establishes that the program shall be called "Maryland Rising".

Maryland SB 359 – Chapter 498

Statenet Summary: Requires the Department of Juvenile Services to serve children in the juvenile services system with specified programming, establishes a specified number of operational regions in the State, requires each region to include at least a specified number of secure facilities used solely for specified purposes, requires each region to include a sufficient number of committed facilities to provide services to specified children.
NCSL Comments: Establishes six operational regions for children receiving services from the Department of Juvenile Services (DJS). Requires that each region include at least one secure facility solely for children pending court disposition and children awaiting placement after disposition. Requires the region to include a sufficient number of committed facilities for the diagnosis, care, training, education, and rehabilitation of children in DJS custody.

Maryland SB 360 - Chapter 499

Statenet Summary: Expands the jurisdiction of the Juvenile Justice Monitoring Unit of the Office of the Attorney General to include the monitoring of any facility licensed by the Department of Juvenile Services, authorizes the Governor to transfer positions and funds in a specified manner.
NCSL Comments: Expands the jurisdiction of the Juvenile Justice Monitoring Unit of the Office of the Attorney General to include the monitoring of any facility licensed by the Department of Juvenile Services.

Maryland SB 476 – Chapter 333

Statenet Summary: Requires the Department of Juvenile Services, in cooperation with the State Department of Education, to establish a Group Home Education Program in specified group homes in the State on or before a specified date, provides for the purpose of the Program, makes specified provisions relating to education applicable to the Program, authorizes the Program to be conducted at specified locations.
NCSL Comments: Requires the Department of Juvenile Services (DJS) to establish a Group Home Education Program in cooperation with the Maryland State Department of Education (MSDE) by September 1, 2011. Requires the program be implemented in all group homes in the state that accept children committed to the custody of DJS and are licensed by DJS.

Mississippi HB 11 – Chapter 347

Statenet Summary: Requires Mississippi Commission on Continuing Legal Education to approve certain training for attorneys who represent delinquent youth, Should an attorney fail to complete the annual training requirements the attorney shall be disqualified to serve and the youth court shall terminate the representation and appoint another attorney.
NCSL Comments: Requires the Mississippi Commission on Continuing Legal Education to approve training for attorneys who represent delinquent youth. Provides that such attorneys will be disqualified to serve the youth if he or she fails to complete the annual training requirements.

Mississippi HB 526 – Chapter 478

Statenet Summary: Youth courts records, allow disclosure for defense counsel and allow copying of records for other youth court causes.
NCSL Comments: Allows disclosure and copying of juvenile records by counsel for the juvenile.

Mississippi HB 527 – Chapter 481

Statenet Summary: Clarifies term for youth court juvenile delinquency matters, clarifies that counsel who represent parties in youth court delinquency matters must be legal defense counsel who is not also a guardian ad litem for the same child and to require the commission on continuing legal education to approve annual juvenile justice training for attorneys who represent delinquent children.

Mississippi SB 2818 – Chapter 568

Statenet Summary: Provides educational services to detainees in juvenile detention facilities, relates to dropout prevention, All juveniles shall undergo a health screening within one hour of admission to any juvenile detention center, or as soon thereafter as reasonably possible.
NCSL Comments: Provides educational services to detainees in juvenile detention facilities. Provides that all juveniles must undergo a health screening within one hour of admission to any juvenile detention center.

Montana SB 119 – Chapter 139

Statenet Summary: Authorizes the sharing of formal or informal youth court record records with a short-term detention center, youth care facility, youth assessment center, or a youth detention facility upon placement of a youth within the facility.

New Jersey AB 2281 (2006) – Chapter 2007-315

Statenet Summary: Requires suicide and mental health screening of juveniles in county detention centers with or without their consent; requires that every suicide gesture or attempt shall be reported.

New Jersey AB 2667 (2006) – Chapter 2007-234

Statenet Summary: Upgrades to a crime of the second degree recruiting a minor or a confined person to be in a criminal street gang; includes detention for extradition or deportation.
NCSL Comments: Makes solicitation or recruitment for criminal gang a fourth degree crime; or third degree crime if done with threat of bodily injury; or second degree crime if inflicted bodily injury. Also a second degree crime if soliciting, recruiting, coercing or threatening someone under 18 years of age to participate in a criminal gang. Also a second degree crime if such recruitment occurs in "official detention" facility or while on probation or parole. Provides extended sentence for detention solicitation of one under age 18. Require consecutive sentence for gang solicitation crimes to be imposed with any other conviction.

New York AB 1353 – Chapter 575

Statenet Summary: Authorizes maintenance and repair of cemeteries as a condition of a sentence of probation or of conditional discharge of a juvenile delinquent or persons in need of supervision for offenders under 16 years of age.

New York SB 3092 – Chapter 639

Statenet Summary: Relates to unlawful discriminatory employer practices concerning youthful offenders and persons convicted of violations; provides an exception for applications for employment or membership in any law enforcement agency.
NCSL Comments: Prevents the disclosure or use by employers of sealed criminal history information about juvenile records of arrests that did not result in a criminal conviction.

New York SB 6352 – Chapter 377

Statenet Summary: Establishes a probation detainer warrant pilot project; provides that any person convicted of a family offense or sex offense, or adjudicated as youthful offender, who violates probation or a conditional discharge, shall be temporarily detained if the sentencing court is not available, and shall be so detained until the sentencing court is available.
NCSL Comments: Creates the Probation Detainer Warrant Pilot Project in four counties outside the city of New York. Provides that an offender convicted of a family offense, sex offense, or adjudicated as youthful offender and violates their probation, shall be temporarily detained if the sentencing court is not available. Provides the defendant will remain detained until the sentencing court is available.

North Carolina HB 784 – Chapter 2007-81

Statenet Summary: Amends the first degree murder statute to conform with the United States Supreme Court ruling in Roper v. Simmons that the execution of a defendant who was under eighteen years of age at the time of the murder is unconstitutional as recommended by the House Interim Study Committee on Capital Punishment.
NCSL Comments: Increases from 17 years old to 18 the minimum eligible age for the death penalty.

North Carolina HB 1148 – Chapter 2007-458

Statenet Summary: Establishes that, within 24 hours of the time a juvenile escapes from custody, the Department of Juvenile Justice and Delinquency Prevention shall release to the public the identification of certain juveniles who escape from custody as well as the name and location of the institution from which the juvenile escaped, and a statement, based on the juvenile's record, of the level of concern of the Department as to the juvenile's threat to self or to others.
NCSL Comments: Requires the Department of Juvenile Justice and Delinquency Prevention within 24 hours of the time a juvenile escapes from custody to release the name to the public as well as the level of concern of the juvenile's threat to self and to others.

North Carolina HB 1243 – Chapter 2007-100

Statenet Summary: Creates a procedure by which determination is made to restrain juveniles in the courtroom.
NCSL Comments: Provides that a judge may subject a juvenile to physical restraint in the courtroom only when the restraints are found to be reasonably necessary to maintain order, prevent the juvenile's escape, or provide for the safety of the courtroom. Allows the judge to provide the juvenile and the juvenile's attorney an opportunity to be heard to contest the use of restraints.

North Carolina HB 1479 – Chapter 2007-168

Statenet Summary: Provides procedures and sanctions to address contempt by juveniles; defines contempt to include willful behavior committed during the sitting of a court and directly tending to interrupt its proceedings, willful refusal to be sworn or affirmed as a witness, or, when so sworn or affirmed, willful refusal to answer any legal and proper question and willful communication with a juror in an improper attempt to influence the juror's deliberations; provides penalties.
NCSL Comments: Defines juvenile "contempt" to include willful behavior committed during the sitting of a court proceeding and directly tending to interrupt its proceedings, willful refusal to be sworn or affirmed as a witness, or, when so sworn or affirmed, willful refusal to answer any legal and proper question and willful communication with a juror in an improper attempt to influence the juror's deliberations.

North Dakota SB 2029 – Chapter 117

Statenet Summary: Relates to electronic home detention and global positioning system monitoring for adult and juvenile offenders, includes sex offender containment, relates to probation and a condition of community placement, provides for counseling.
NCSL Comments: Provides that except for an offense for which the law requires mandatory incarceration, electronic home detention or global positioning system monitoring may be used for adult and juvenile offenders as selected by the court, the parole board, or the department for adult offenders as an intermediate measure of supervised probation, and for delinquent juvenile offenders in the custody of the division of juvenile services as a condition of community placement. Subject to available funding.

North Dakota SB 2259 – Chapter 136

Statenet Summary: Relates to registration requirements for sexual offenders and offenders against children, relates to an equivalent offense from another court in the United States, a tribal court or court of another country, amends provisions regarding juvenile delinquent adjudications.

North Dakota SB 2262 – Chapter 121

Statenet Summary: Relates to the renunciation of criminal intent, provides that a person under 21 is immune from prosecution if a student underspecified circumstances.
NCSL Comments: Provides that an individual under 21 is immune from prosecution if a student.

North Dakota SB 2329 – Chapter 73

Statenet Summary: Relates to the sentence for the person under twenty-one years of age using alcoholic beverages, provides that the court also shall sentence the violator to alcohol and drug education.
NCSL Comments: Requires a juvenile court to sentence individuals under twenty one years of age who are before the court for an alcohol violation to alcohol and drug education programs.

North Dakota SB 2357 –Chapter 111

Statenet Summary: Relates to the housing of inmates, provides that an adult held under a delinquency proceeding may be held with juveniles and a juvenile transferred or waived to adult court on a felony criminal offense may be housed with adults in a jail or regional correctional facility.
NCSL Comments: Provides that an adult held under a delinquency proceeding may be held with juveniles. Provides that a juvenile transferred or waived to adult court on a felony criminal offense may be housed with adults in a jail or regional correctional facility.

New Mexico HB 738 – Chapter 2007-96

Statenet Summary: Relates to juveniles, provides that information concerning arrests, delinquency proceedings and social records relating to a child not be disclosed on a public access web site maintained by a state or local agency.

New Mexico SJM 2

Statenet Summary: Requests the Children, Youth and Families Department and the Corrections Department to incorporate and implement restorative justice programs for juvenile and adult offenders as a method to help heal victims of crime, reduce recidivism, facilitate offender reintegration, provides alternative to incarceration.

Nevada SB 32 – Chapter 53

Statenet Summary: Makes various changes concerning the detention of certain delinquent children who violate parole, authorizes a juvenile court to order a delinquent child who is at least 18 years of age but less than 21 years of age and who has been released on parole to be placed in a county jail if the child violates a condition of his parole.
NCSL Comments: Authorizes a juvenile court to order a delinquent child who is at least 18 years of age but less than 21 years of age, and who has been released on parole, to be placed in a county jail if the child violates a condition of his parole.

Nevada SB 354 – Chapter 418

Statenet Summary: Relates to the safety of children, prohibits possession of certain firearms on the property of or in a vehicle of child care facilities, requires children who are taken into custody for possession of a firearm while on school property to submit to an evaluation by a qualified professional and a drug test, relates to sex offenders who are on lifetime supervision or released on parole, probation or a suspended sentence, revises the jurisdiction of school police officers under certain circumstances.
NCSL Comments: Directs the parole board to require as a condition of lifetime supervision that the sex offender reside at a location only if: the residence has been approved by the parole and probation officer assigned to the person, the residence is a facility that houses more than three persons who have been released from prison, the facility is a facility for transitional living for released offenders that is licensed, and the person keeps the parole and probation officer informed of his current address.

Ohio HB 120 – Chapter 12

Statenet Summary: Requires child offenders to pay court costs for all felony and serious misdemeanor charges; relates to conditions that would make the child unable to pay; relates to repayment of confinement costs and restoration of any damaged property of the victims or survivor of the victim; relates to community service work, and any other form of restitution devised by the court.
NCSL Comments: Requires juvenile offenders to pay court costs for all felony and serious misdemeanor charges. Allows the juvenile offender's victim or the survivor of the victim to request that the prosecuting authority file a motion for modification of the payment terms of any restitution ordered.

Oklahoma SB 390 – Chapter 191

Statenet Summary: Relates to children, annual reviews, inspection and disclosure of juvenile records and a rehabilitation plan; allows disclosure of certain records to specified entities; declares an emergency.
NCSL Comments: Adds victims to the list of people who may have access to a juvenile offenders records.

Oregon HB 2127 – Chapter 609

Statenet Summary: Revises Juvenile Code references to disclosure to victims of juvenile crimes of constitutional rights that may be exercised upon request by the victim, provides for prior notice to victims of hearings that constitute critical stages of proceedings, defines critical stage of the proceeding.
NCSL Comments: Revises the juvenile code to be consistent with state constitutional victims' rights and provide clarification of the following rights: (1) absent good cause, a victim need not reveal the victim's address or telephone number to the defendant, (2) if a defendant's agent contacts the victim, the agent must reveal the agent's identity, that the victim need not speak with the agent and that the victim may have an agent of the state present, (3) any pre-adjudication release of a juvenile defendant must include "a no contact with the victim" order, (4) the victim must be consulted regarding a juvenile defendant's entry into diversion programs, and (5) a court may not release a juvenile awaiting adjudication if the charge involves a "violent felony" or if the juvenile poses a danger of "serious physical injury" or "sexual victimization" to the victim or the public.

Oregon HB 2149 – Chapter 298

Statenet Summary: Provides that a court may order a minor who violates laws related to the prohibition against possessing or consuming alcoholic beverages, or certain other prohibitions related to minors and alcoholic beverages, to undergo assessment and treatment, requires the court to order assessment and treatment for subsequent violation.

Oregon SB 325 – Chapter 497

Statenet Summary: Requires the personal appearance by certain parties in juvenile proceedings whether that party is represented by an attorney or not, exempts a child from the requirement of personal appearance, allows an attorney to move to withdraw from representing a parent or guardian if the parent or guardian fails to appear, without reasonable explanation, at a hearing related to a petition to establish jurisdiction or a petition to establish permanent guardianship or terminate parental rights.

Oregon SB 328 – Chapter 889

Statenet Summary: Modifies the definition of mental disease or defect for purposes of committing young persons alleged to be within the jurisdiction of the juvenile court to the custody of the Psychiatric Security Review Board when supervision and treatment is necessary for public safety, directs the juvenile panel of the Board to adopt rules defining the type of dangerous behavior that requires temporary placement of a young person with mental retardation in a secure hospital or facility.
NCSL Comments: Changes the definition of "mental disease or defect" for purposes of committing young persons alleged to be within the jurisdiction of the juvenile court to the custody of the Psychiatric Security Review Board when supervision and treatment is necessary for public safety. Directs the juvenile panel of the Board to adopt rules defining the type of dangerous behavior that requires temporary placement of a young person with mental retardation in a secure hospital or facility.

Pennsylvania SB 117 – Chapter 2007-64

Statenet Summary: Amends the Judiciary and Judicial Procedure Code. Provides for the establishment and operation of the Juvenile Court Judges' Commission. Prescribes its powers and duties. Repeals provisions related to Juvenile Court Judges' Commission. Provides for salaries and retirement.
NCSL Comments: Provides for the establishment and operation of the Juvenile Court Judges' Commission and prescribes its powers and duties.

Rhode Island SB 1141 – Chapter 2007-532

Statenet Summary: Makes changes to the conditions under which family court retains jurisdiction of those reaching the age of 18; relates to maintenance of police and identification records as family court records; regulates use of witness statements and other police records.

South Carolina SB 294 – Chapter 5

Statenet Summary: Relates to offenses committed by juveniles; clarifies that release for the offense of assault and battery of high and aggravated nature must be determined by the board of juvenile parole; provides for establishment of policies and procedures.
NCSL Comments: Clarifies that release for the offense of assault and battery of high and aggravated nature must be determined by the Board of Juvenile Parole.

Tennessee HB 75 – Chapter 134

Statenet Summary: Concerns law enforcement; permits a juvenile to be photographed or recorded by law enforcement if juvenile is committing offense, if officer is conducting field sobriety test on juvenile, or if juvenile is victim of offense and consents; provides that any such photograph or recording shall not be considered a public record and shall not be released to the public except by order of the court having jurisdiction over the charges brought against the juvenile.
NCSL Comments: Permits a juvenile to be photographed or recorded by law enforcement if juvenile is committing offense, if officer is conducting field sobriety test on juvenile, or if juvenile is victim of offense and consents. Provides that any such photograph or recording not be considered a public record and not be released to the public except by court order.

Tennessee HB 665 – Chapter 314

Statenet Summary: Provides that if a child convicted of a felony or undergoing inpatient mental health treatment must attend school pursuant to a court order, the principal is to be notified; provides that the principal of the school must develop a plan to allow the student to succeed and provide for school safety and notify certain personnel of the plan; provides that if a hospital or treatment resource believes that the child poses a threat, it is their duty to warn the principal of their belief.
NCSL Comments: Requires notice to the principal of a school of attendance by a child convicted of a felony or if undergoing inpatient mental health treatment pursuant to a court order. Provides that the principal of the school must develop a plan to allow such student to succeed. Provides that if a hospital or treatment resource believes that the child poses a threat, it is their duty to warn the principal of their belief.

Tennessee HB 1167 – Chapter 353

Statenet Summary: Concerns juvenile offenders; makes parent or guardian responsible under contributing to delinquency offense for second or subsequent delinquent act of vandalism of public property; requires parents to repair or clean damage or pay to have it repaired.
NCSL Comments: Makes parents or guardians responsible under "contributing to delinquency offense" for second or subsequent delinquent act of vandalism of public property. Requires parents to repair or clean damage or pay to have it repaired.

Tennessee HB 1871 – Chapter 375

Statenet Summary: Concerns Courts, Special; allows juvenile courts to develop and operate drug court treatment programs; prohibits drug courts established under juvenile court jurisdiction from using grants from the drug court treatment program; requires a fee to be assessed against persons who violate the terms of a suspended sentence imposed as a result of a drug offense or who have a conviction that is premised on a positive drug test.
NCSL Comments: Allows juvenile courts to develop and operate drug court treatment programs. Prohibits drug courts established under juvenile court jurisdiction from using grants from the drug court treatment program. Requires a fee to be assessed against juveniles who violate the terms of a suspended sentence imposed as a result of a drug offense or who have a conviction that is premised on a positive drug test.

Tennessee SB 1067 – Chapter 472

Statenet Summary: Concerns Department of Correction; authorizes Tennessee Rehabilitative Initiative in Correction (TRICOR) to enter into an interagency agreement with the Department of Children's Services to provide work training opportunities for juvenile offenders; provides that the juvenile offenders during such work training opportunities shall at all times be kept separate and removed from adult offenders in the custody of the Department of Corrections.

Tennessee SB 1790 – Chapter 585

Statenet Summary: Concerns Department of Children's Services; prevents the department from spending any funds on juvenile justice programs unless those programs are evidence-based, with compliance required over the course of three fiscal years.

Tennessee SB 2194 – Chapter 552

Statenet Summary: Concerns Juvenile Offenders; opens court petitions and orders in delinquency proceeding to public inspection when conduct constituting delinquent act would constitute aggravated rape of a child if committed by an adult.

Texas HB 914 – Chapter 838

Statenet Summary: Relates to the establishment of an office of inspector general at the Texas Youth Commission for the purpose of investigating fraud committed by commission employees and crimes committed at a facilities operated by the commission.
NCSL Comments: Establishes of an office of inspector general at the Texas Youth Commission for the purpose of investigating fraud committed by commission employees and crimes committed at a facilities operated by the commission.

Texas HB 1111 – Chapter 847

Statenet Summary: Relates to reporting concerning research on children committed to the State Youth Commission.
NCSL Comments: Prohibits Texas Youth Commission (TYC) from allowing a child committed to participate in a medical, psychiatric, or other type of research program or study. Allows survey research or retrospective studies. Requires the TYC to report any research on children to the governor, lieutenant governor, the speaker of the house of representatives, and the members of the legislature.

Texas HB 1113 – Chapter 848

Statenet Summary: Relates to reporting concerning research programs and studies on children within the juvenile probation system.
NCSL Comments: Prohibits the Texas Juvenile Probation Commission from permitting medical, pharmaceutical, or cosmetic research to be conducted on a child within the juvenile probation system.

Texas HB 1960 – Chapter 879

Statenet Summary: Relates to access to records or files concerning a child who is subject to the juvenile justice system, Law enforcement records and files concerning a child may be inspected or copied by a juvenile justice agency, a criminal justice agency, the child, and the child's parent or guardian.
NCSL Comments: Allows law enforcement records and files concerning a juvenile to be inspected or copied by a juvenile justice agency, a criminal justice agency, the child, and the child's parent or guardian.

Texas HB 2151 – Chapter 1053

Statenet Summary: Relates to the prosecution and adjudication of the offense of graffiti and to the payment and use of a juvenile delinquency prevention fee, a court shall order a defendant convicted of an offense to make restitution to a political subdivision that owns public property or erects a street sign or official traffic-control device on which the defendant makes markings, restitution ordered must be equal to the lesser of the amount of restitution authorized.
NCSL Comments: Requires a court to order a juvenile offender convicted of graffiti to make restitution to the owner of the public property defaced.

Texas HB 2291 – Chapter 1062

Statenet Summary: Provides for a study of established victim-offender mediation programs for juvenile offenders in this state for the purpose of determining the potential effect on the state's juvenile justice system of establishing guidelines for and expanding the implementation of victim-offender mediation programs for juvenile offenders.

Texas HB 2389 – Chapter 1227

Statenet Summary: Relates to the right of a minor in the custody of the Texas Department of Criminal Justice to consent to medical, dental, psychological, and surgical treatment.
NCSL Comments: Provides that offenders younger than eighteen years of age may consent to receive medical treatment in the Texas Department of Criminal Justice.

Texas HB 3309 – Chapter 1265

Statenet Summary: Requires the Youth Commission to allow advocacy and support groups whose primary functions are to benefit children, inmates, girls and women, the mentally ill, and victims of sexual assault to provide on-site information, support, and other services for children confined in commission facilities, requires the commission to adopt security and privacy procedures for those groups as well as standards regarding the confidentiality of correspondence between the children and those groups.

Texas SB 230 – Chapter 492

Statenet Summary: Relates to the notification required by the parole or probation office to the superintendent or a person designated by a superintendent of the school district, or in the case of a private school school, the principal or a school employee designated by the principal of the school, when public school students who engage in certain criminal conduct transfer to a new school.
NCSL Comments: Requires notice by the parole or probation office of a juvenile's arrest, referral to a juvenile court, conviction, or adjudication to any new school the juvenile transfers to.

Texas SB 1161 – Chapter 984

Statenet Summary: Relates to the filing of a complaint or referral to juvenile court by a school district against a student for failing to attend school for a specified number of days.
NCSL Comments: Provides that schools will now have 10 school days to file charges against student and parents when a child has 10 or more absences in a 6 month period.

Texas SR 654

Statenet Summary: Declares April 24 Texas Juvenile Justice Day 2007.

Utah HB 147 – Chapter 304

Statenet Summary: Makes a provision for juvenile restitution orders, adds the payment of restitution to the expungement statute, provides for the transfer of unpaid fines and of restitution orders from the juvenile court as a judgment when the court terminates jurisdiction, adds payment of restitution to the requirements for juvenile expungements.
NCSL Comments: Provides for the transfer of unpaid fines and of restitution orders from juvenile court as a judgment when the juvenile court terminates jurisdiction. Aadds payment of restitution to the requirements for juvenile expungements.

Utah HB 197 –Chapter 43

Statenet Summary: Allows the Department of Health to have access to juvenile records for certification or licensing of people with direct responsibility for the safety of children, or the disabled in health care facilities, or as an emergency medical technician that meet certain requirements, establishes consistent rulemaking authority of the department to grant exceptions to licensing prohibitions when licensing applicants for health facilities, day care centers, and emergency medical technicians meeting requirements.
NCSL Comments: Allows the Department of Health to have access to juvenile records for certification or licensing of people with direct responsibility for the safety of children, or the disabled in health care facilities, or as an emergency medical technician that meet certain requirements. Establishes consistent rulemaking authority of the department to grant exceptions to licensing prohibitions when licensing applicants for health facilities, day care centers, and emergency medical technicians meeting requirements.

Utah SB 151 – Chapter 324

Statenet Summary: Authorizes the creation of a case management project coordinator in the District and Juvenile Courts in the Third Judicial District as a pilot project.

Virginia HB 2053 – Chapter 460

Statenet Summary: Relates to juvenile capital murder, provides that, upon a finding of guilty of any felony charge, the court shall fix the sentence of a juvenile defendant without the intervention of a jury.

Virginia HB 2201 – Chapter 277

Statenet Summary: Repeals the interstate compact relating to juveniles, replaces it with the current version of the Interstate Compact for Juveniles which has already been enacted in 30 states.

Virginia HB 2530 – Chapter 500

Statenet Summary: Relates to psychiatric inpatient treatment of minors, clarifies that retired judges, substitute judges and special justices are authorized to perform hearings under the Psychiatric Inpatient Treatment of Minors Act and to receive compensation.
NCSL Comments: Clarifies that retired judges, substitute judges and special justices are authorized to perform hearings under the Psychiatric Inpatient Treatment of Minors Act.

Virginia HB 2631 – Chapter 48

Statenet Summary: Relates to student records, relates to the Serious or Habitual Offenders Comprehensive Action Program, provides a principal or designee may disclose identifying information from a pupil's scholastic record for the purpose of furthering the ability of the juvenile justice system to effectively serve the pupil prior to adjudication, to the court service units, juvenile detention centers or group homes, mental and medical health agencies, and State and local children and family service agency.
NCSL Comments: Provides a principal or designee may disclose identifying information from a pupil's scholastic record for the purpose of furthering the ability of the juvenile justice system to effectively serve the pupil prior to adjudication, to the court service units, juvenile detention centers or group homes, mental and medical health agencies, and State and local children and family service agency.

Virginia HB 2660 – Chapter 510

Statenet Summary: Relates to the investigation of the social history of juveniles prior to juvenile justice commitment to be completed within a specified time.
NCSL Comments: Requires court service units to conduct a social history when youth are committed to the Department of Juvenile Justice, if one has not been previously conducted.

Virginia HB 2661 – Chapter 511

Statenet Summary: Relates to release of confidential records of the Department of Juvenile Justice, relates to consideration of admission to any group home, residential facility or postdispositional facility, provides that copies of records in the custody of such home or facility shall be destroyed if the child is not admitted.
NCSL Comments: Authorizes juvenile court staff to provide written information about probationers for the purpose of admission into treatment programs.

Virginia HB 2890 – Chapter 521

Statenet Summary: Relates to punishment for offenses committed within a secure juvenile facility or detention home.

Virginia HB 3007 – Chapter 221

Statenet Summary: Relates to juvenile certification, provides that juveniles shall only be certified upon conviction, relates to conviction as an adult.
NCSL Comments: Establishes that a juvenile being tried as an adult must be convicted (not just tried) for that crime in order to be treated as adult in future legal actions.

Virginia SB 874 – Chapter 944

Statenet Summary: Relates to the right to a speedy trial, adds juveniles under the protections afforded by the Speedy Trial Act.
NCSL Comments: Adds juveniles under the protections afforded by the Speedy Trial Act - the right to a speedy trial.

Virginia SB 1236 – Chapter 731

Statenet Summary: Relates to punishment for certain juvenile offenses and delinquent children, relates to loss of driving privileges for alcohol, drug or firearm offenses or truancy.
NCSL Comments: Clarifies that a judge may impose all penalties allowable by law for juveniles found delinquent of offenses that require the loss of driving privileges.

Washington SB 5243 – Chapter 2007-203

Statenet Summary: Increases the length of confinement for a parole violation committed by certain juvenile sex offenders under the jurisdiction of the Department of Social and Health Services, Juvenile Rehabilitation Administration.

Washington SB 5987 – Chapter 2007-389

Statenet Summary: Directs the State Association of Sheriffs and Police Chiefs to convene a work group to evaluate the problem of gang-related crime in the state, and to evaluate and make recommendations regarding additional legislative measures to combat such crime, the creation of a statewide gang information database, possible reforms to the juvenile justice system for such offenses, best practices for prevention and intervention of youth gang membership, and adoption of a civil antigang injunction.
NCSL Comments: Directs the State Association of Sheriffs and Police Chiefs to convene a work group to evaluate the problem of gang-related crime in the state. Requires the agencies to evaluate and make recommendations regarding additional legislative measures to combat gang crime and create a statewide gang information database.

West Virginia SB 196 – Chapter 32

Statenet Summary: Relates to juvenile custody, requires the arresting agency to be responsible for transporting juveniles to Divisions of Juvenile Service facilities, authorizes facilities to refuse admittance to juveniles who are in need of medical attention until written clearance is received from a physician.
NCSL Comments: Requires the arresting agency to be responsible for transporting juveniles to Divisions of Juvenile Service facilities. Authorizes facilities to refuse admittance to juveniles who are in need of medical attention until written clearance is received from a physician.

West Virginia SB 709 – Chapter 33

Statenet Summary: Authorizes circuit courts to grant custodial and noncustodial improvement periods to juvenile respondents in delinquency proceedings.