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Posted March 9, 2004
2003 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
Miscellaneous
Alabama HB 490 (Act 2003-353)
Establishes the Community Corrections
Division within the Department of Corrections to coordinate community punishment
and corrections programs for state and county inmates and juveniles adjudicated
as youthful offenders.
Arizona HB 2106 (interstate compact) (Chapter 123).
Adopts
the Interstate Compact for Juveniles in order to establish the proper
supervision or return of juvenile delinquents and status offenders who are on
probation or parole and have escaped from supervision and control.
Arkansas SB 952 (Act 1008)
Amends the power and duties of
the Juvenile Ombudsman Division to provide independent oversight of only those
division facilities and programs that are unlicensed and unaccredited.
California SB 459
Abolishes the Youthful Offender Parole
Board and replaces it with the Youth Authority Board within the Department of
Youth Authority. Requires the board to make discharge commitments, parole
orders, revocations and suspensions. Requires the Department of Youth
Authority to provide a treatment plan for each ward and conduct an annual review
of each.
Colorado HB 1240
Specifies that all juvenile justice
hearings will be conducted before a magistrate unless the juvenile requests that
it is heard before a judge.
Connecticut HB 6226
Requires the Department of Children and
Families to report annually to the Children's Committee on the Connecticut
Juvenile Training School's compliance with: 1) completing an individual
treatment plan for each child within 30 days of admission; 2) giving each child
the opportunity for physical activity; 3) training all staff on their
responsibilities as mandatory reporters of child abuse and neglect; and 4)
following state law governing the use of physical restraints, seclusion and
psychopharmacological drugs.
Connecticut HB 6475 (Public Act 3-255)
Adopts the Interstate
Compact for Juveniles to establish the proper supervision or return of juvenile
delinquents and status offenders who are on probation or parole and have escaped
from supervision and control.
Connecticut HB 6567 (Public Act 3-257)
Creates an implementation
team to review and report to the Judiciary and Children's committees by January
15, 2004 on issues related to the upper age for jurisdiction of the juvenile
justice system. Currently, teenagers over age 15 charged with criminal offenses
are prosecuted and supervised in the adult criminal justice system. The
implementation team will consider the variety of systems’ changes that would be
necessary to raise the age first to include 16-year olds and then 17-year olds,
within the jurisdiction of the juvenile court.
Delaware HB 84
Adopts the Interstate Compact for Juveniles to
establish the proper supervision or return of juvenile delinquents and status
offenders who are on probation or parole and have escaped from supervision and
control. Adds juvenile sex offender notification, victim notification and
public notification of escapees.
Florida SB 312
Requires the Department of Juvenile Justice to adopt
procedures to provide notice, public comment, assessment of fiscal impact, and
response by department of policy changes that affect contracted delinquency
services and programs.
Georgia HB 470 (Act 268)
Requires that status offenders
under the age of 18 be subject to the jurisdiction of juvenile court.
Idaho HB 384
Transfers money in the general funds from
operating expenditures to personnel costs. Authorizes the Department of Juvenile
Corrections to hire safety/security officers for transporting juvenile. (Also
see Mental Health/Substance Abuse section.)
Idaho HB 412 (Chapter 333)
Appropriates $44,205,500
to the Department of Juvenile Corrections for FY 2003. Limits the number
of full-time equivalent positions to 343.75. Revises the effective date
for the FY 2003 appropriation to the institutions program.
Kansas HB 2016
Provides the commissioner of the Juvenile
Justice Authority to adopt rules and regulations establishing standards of
training for certifying juvenile corrections officers. Gives juvenile
corrections officer the same powers of law enforcement officers for the purpose
of regaining or maintaining custody, security or control of any person in
custody of the commissioner. Changes the definition of corrections officer
to mean a certified employee of the Juvenile Justice Authority working at a
juvenile corrections facility with the responsibility of maintaining custody,
security or control of juveniles there.
Kansas HB 2017
Extends the sunset provision for the Joint Committee
on Corrections and Juvenile Justice Oversight from Dec. 31, 2003, to Dec. 31,
2005. Changes the membership of the Committee.
Kansas HB 2089
Allows a board of county commissioners to
appoint at least three and no more than six additional members to the Juvenile
Corrections Advisory Board, depending on the number of counties involved.
Kansas HB 2314
Authorizes the new Kansas Juvenile Correctional
Complex, under the jurisdiction of the Juvenile Justice Authority, to exist
separately from any other juvenile correctional facility.
Kansas SB 11
Requires the commissioner of the Juvenile Justice
Authority to establish a Community Advisory Committee, which would be
responsible for developing new or enhanced community-based graduated sanctions
and prevention programs to provide for more such placements.
Louisiana HB 1105 (Act 940)
Authorizes courts with juvenile
jurisdiction to use or initiate teen court programs. Allows the court to assess
a fee on the juvenile participant in order to offset costs.
Louisiana SB 8 (Act 530)
Gives an additional $20 court cost
for juvenile offender services to the city court of Morgan City, La.
Louisiana SB 332
Adopts the Interstate Compact for Juveniles to
establish the proper supervision or return of juvenile delinquents and status
offenders who are on probation or parole and have escaped from supervision and
control.
Maine HB 1093
Requires the juvenile court to determine within 48
hours an arrest whether there is probable cause to believe the juvenile has
committed a crime. Requires the chief judge of the District Court to have
a juvenile court judge available on Saturdays, Sundays and legal holidays.
Maryland HB 490
Requires the Department of Education to
oversee the juvenile justice alternative education program. Requires the State
Board of Education to organize a specified program with the advice of the
Juvenile Justice Alternative Education Program Advisory Board.
Maryland HB 860
Renames the Department of Juvenile Justice
to the Department of Juvenile Services. Renames the Secretary of Juvenile
Justice to the Secretary of Juvenile Services. Renames the State Advisory Board
for Juvenile Justice to the State Advisory Board of Juvenile Services.
Michigan HB 4145
Adopts the Interstate Compact for Juveniles in to
establish the proper supervision or return of juvenile delinquents and status
offenders who are on probation or parole and have escaped from supervision and
control.
Mississippi HB 800
Authorizes the establishment of the teen
court program in any county for the diversion of juvenile offenders.
Abolishes the grade requirement for participation in the program.
Mississippi HB 1366
Establishes a Juvenile Detention
Facilities Task Force to implement uniform standards in juvenile detention
facilities.
Nebraska LB 34
Authorizes a city or county attorney to
establish a pre-trial diversion program for juveniles with the approval of the
respective city or county governing board.
North Carolina HB 925
Limits a county’s appeal in juvenile
delinquency cases to those in which the county has been ordered to pay for
medical, surgical, psychological, or other evaluation or treatment of a
juvenile.
North Dakota HB 1254
Adopts the Interstate Compact for
Juveniles to establish the proper supervision or return of juvenile delinquents
and status offenders who are on probation or parole and have escaped from
supervision and control.
Oklahoma HB 1199
Appropriates $90 million to the Office of
Juvenile Affairs.
Oregon SB 69
Clarifies that a “youth” is a person under the age of
18 who is alleged to be within the jurisdiction of the court pursuant to a
juvenile delinquency action. Clarifies that a “youth offender” is a person
at least 12 years of age who has been found to be within the jurisdiction of the
court pursuant to a juvenile delinquency action. Clarifies that the
consolidation of juvenile court cases is required for both pending cases and
cases that are filed after the juvenile court has jurisdiction.
South Carolina SB 224
Clarifies that a “youthful offender”
includes a person under 17 years old who has committed a non-violent crime that
is class D felony.
South Dakota SB 8
Reconstitutes the Juvenile Justice and
Delinquency Act Advisory Group within the Department of Corrections to study and
report to the governor, judicial system and Legislature on various juvenile
sentencing, intervention, prevention, treatment, rehabilitation and diversion
issues.
Texas HB 2319
Prohibits detaining a juvenile non-offender in
a secure facility for any period, including one taken into custody solely for
deportation. (Also see Disposition Options and Juvenile Sex
Offender sections.)
Texas SCR 15
Commends the Texas juvenile justice system and
declares Feb. 27, 2003 to be Texas Juvenile Justice Day.
Utah SB 58
Changes the name of the Division of Youth
Correction to the Division of Juvenile Justice Services.
Vermont SB 15
Eliminates the juvenile justice policy
subcommittee and assigns its duties to the commission on juvenile
justice.
Virginia SB 1246
Allows the Department of Juvenile
Justice to apply to the Department of Social Services for child support when a
juvenile is committed to its custody.
Washington SB 5133
Adopts the Interstate Compact for Juveniles to
establish the proper supervision or return of juvenile delinquents and status
offenders who are on probation or parole and have escaped from supervision and
control.
West Virginia SB 364
Strengthens the multidisciplinary
treatment team process for children involved in the court system - including
juvenile delinquents.
California AB 355
Makes it a misdemeanor for juveniles under the
custody of a probation officer or peace officer in a county juvenile hall,
ranch, camp, forestry camp or regional facility to escape or attempt to escape
while outside or away from the facility.
Colorado HB 1240
Amends current law to provide that a
juvenile will not be presumed to be a danger to himself or the community if
found in possession of a bee-bee gun, pellet or gas gun and thus will not be
confined with adult offenders.
Colorado SB 286
Limits the number of available juvenile
detention beds statewide to 479. Also, creates a working group to manage
this new state limitation on beds and to prevent placement of a juvenile in a
facility in excess of the number of beds allocated.
Connecticut HB 6391 (Public Act 3-86)
Requires juvenile
probation officers to tell the court about the special education and related
needs of a delinquent child before the court sentences him. This information
must be included in their pre-sentence investigation report, which currently
contains information about the child and his family; circumstances of the
offense and damages caused; prior offenses; and school attendance, behavior, and
adjustment.
Connecticut SB 936 (Act 3-243)
Requires the Department of
Children and Families to provide children in its custody the opportunity to
visit their parents and certain siblings, unless a court orders otherwise. (Most
committed children are abused or neglected; some are delinquent or members of a
family with service needs.)
Illinois HB 524 (Act 93-0255)
Allows a minor at least 17
years old who has a delinquency petition filed against him or her to be confined
in an adult detention facility if certain factors are considered: previous
delinquent or criminal history, previous abuse or neglect history, or any mental
health or educational history.
Maine HB 1165
Designates the Long Creek Youth Development
Center and the Mountain View Youth Development Center as detention and
correctional facilities for juveniles. (Also see Transfer/Waiver and
Mental Health sections.)
Maryland HB 541
Establishes a task force to study the mentoring and
monitoring of juveniles in the custody or under the supervision of the
Department of Juvenile Justice.
Missouri HB 356
Allows products made by youths in facilities
and programs operated by the Missouri Division of Youth Services to be sold at
cost.
Montana SB 238
Prohibits a status offender who violates
probation and becomes a delinquent youth from being placed in a secure
detention facility.
Montana SB 164
Sets standards for juvenile detention and
juvenile correction officers. Extends the training time from six months to
one year.
North Carolina HB 950
Requires the Department of Juvenile Justice
and Delinquency Prevention to obtain court approval before placing juveniles
committed to the department in a program not located in a youth development
center or detention facility.
North Carolina HB 1037
Establishes criminal penalties for
custodial personnel who allow juveniles to escape. Allows juvenile
detention facilities to photograph juveniles and release the photographs if a
juvenile escapes. Permits the holding of a juvenile in a local confinement
facility while awaiting trial as an adult.
Oklahoma HB 3349
Allows local governmental agencies or
private entities other than the Department of Corrections to inspect juvenile
facilities according to agreements with the department.
Oregon SB 19
Allows a juvenile court to order a youth to be
detained in a jail or other place where adults are detained only when the court
has made case-specific findings at a hearing that such a placement meets the
specific needs of the juvenile.
Oregon SB 167
Makes the Oregon Youth Authority liable for damages
to third parties resulting from intentional torts of youth offenders living in
youth offender foster homes that have been certified by the Department of Human
Services.
South Dakota SB 202
Requires the removal of juveniles from adult
jails, specifying that they can be held in adult jails for up to 48 hours in
rural areas but be sight and sound separated from adults.
Texas HB 1180
Increases the 90-day maximum sentence for
state boot camp participants to 180 days.
Washington SB 5596
Requires that custodial assaults at
juvenile rehabilitation facilities and institutions be reported to law
enforcement.
Arkansas HB 18
Requires a minor who destroys property and
causes civil damages to participate in the justice process in order to promote
responsibility and have a learning opportunity. Allows civil damages to be
recovered from the parents (not to exceed $15,000) of a juvenile offender if the
parents have an insurance policy that would cover the costs.
Arizona SB 1304 (Chapter 208)
Establishes a pilot program to
open certain juvenile proceedings (between 5 and 10 percent of dependency,
guardianship and termination of parental rights proceedings) to the public.
Colorado HB 1025 (Chapter 275)
Authorizes a juvenile
probation department to include special education history and the current
individual education plan records in the pre-sentence report of the
juvenile. Permits the court to order the juvenile to comply with his or
her individual education program.
Colorado HB 1079
Changes the mandatory parole period from
one year to nine months from when the parole board may discharge a juvenile from
parole after serving the time for the commission of two or more offenses.
Colorado HB 1109
Changes the definition of juvenile "status
offender" to have the same meaning as defined by federal law.
Colorado HB 1236
Requires that juvenile offenders convicted
of a crime committed against at-risk juveniles (under 18 with a disability) or
at-risk adults (60 or older or any person who is 18 or older with a disability)
must be sentenced to the Department of Corrections for at least the presumptive
sentence.
Colorado SB 284
Reduces the mandatory period of juvenile
parole from nine months to six months.
Connecticut SB 900 (Act 3-202)
Allows juvenile court judges
to exclude people from hearings who they find are not necessary. It retains the
current prohibition against crime victims and their parents or guardians and
court-appointed victim advocates being excluded unless the judge specifically
orders otherwise. (Also see Records section.)
Delaware HB 210
Establishes a one-year mandatory commitment to the
custody of the Department for Children, Youth and Their Families for any
juvenile adjudicated delinquent for acts constituting the felonies of Possession
of a Firearm During the Commission of a Felony or Robbery in the First Degree
(where either a deadly weapon is displayed or serious physical injury is caused
to the victim).
Delaware SB 98
Creates a new Class F felony for active
participation in a violent street gang, when that participation assists the gang
in furthering activity that would constitute a felony under Delaware law.
Creates sentencing enhancements for other felonies committed in the course of
active gang participation.
Georgia SB 116 (Act 61)
Establishes discovery and reciprocal
discovery procedures in juvenile delinquency proceedings, giving juveniles
access to evidence and important documentation.
Louisiana HB 950 (Act 334)
Provides the maximum length of
time for which a juvenile deferred disposition agreement can be effective.
(Also see Substance Abuse section.)
Louisiana HB 1228 (Act 664)
Authorizes juvenile hearing
officers to accept mediation agreements ordered by the court as judgments of the
courts in certain parishes with a population of more than 440,000.
Louisiana HB 1732 (Act 288)
Requires the clerk of the court
to collect a one-time fee of $40 from any criminal defendant (including juvenile
offenders) applying for indigent defense.
Louisiana SB 552
Requires the court in any juvenile disposition
hearing to refrain from manifesting, by any words or conduct, bias or prejudice
based on race, sex, religion, national origin, age or disability.
Maine HB 904 (LD 884)
Requires a juvenile who removes or destroys a
street or traffic control sign to pay restitution to the municipality and to
perform at least eight hours of community service.
Maine HB 977
Adopts the Interstate Compact for Juveniles to
establish the proper supervision or return of juvenile delinquents and status
offenders who are on probation or parole and have escaped from supervision and
control.
Maine SB 387
Allows the juvenile court to require that the
parent, guardian or custodian of a juvenile charged with a crime attend all
juvenile court proceedings, unless the court excuses attendance for a good
cause. Allows the court to order the parent, guardian or custodian of a
juvenile delinquent to participate in and pay all or part of the costs of
counseling, treatment, education and supervision as determined by the court.
Maryland SB 722
Requires the Department of Juvenile Justice to
submit a report to the court explaining the reasons for continued detention if a
child remains in a facility for more than 25 days after disposition. If
the child remains in detention after the initial report has been submitted, the
department must submit additional reports every 25 days thereafter explaining
the reasons for continued detention.
Michigan HB 4722
Requires payment for the minimum state
costs of a criminal case as a condition of probation for juveniles.
New Hampshire HB 718
Specifies the procedure to be followed by the
district court in cases where crimes are committed by minors but not charged
until after they reach the age of majority in order to determine if the juvenile
met the criteria prescribed by law at the time the offense was committed.
New Hampshire HB 204
Allows juvenile proceedings to be initiated in
any judicial district where the offense is alleged to have occurred.
New Mexico HB 46
Adopts the Interstate Compact for Juveniles to
establish the proper supervision or return of juvenile delinquents and status
offenders who are on probation or parole and have escaped from supervision and
control.
New Mexico HB 507
Requires the Youth and Families Department
to complete a risk assessment instrument before detaining a juvenile. If
certain criteria are not met, the child must be released from custody. Such
criteria for detaining a child includes: alleged violation of the Children’s
Code; alleged parole violation; if the child poses a threat to himself; if the
child poses risk of substantial harm to others; and if the child has
demonstrated that he may leave the jurisdiction. Allows a child to be detained
pending a court hearing in a suitable place, other than a facility where
delinquents are confined. Allows for a juvenile who is violent to staff in
detention facilities to be transferred to a local jail facility until a hearing
is held on the matter. Requires a child who has been previously housed in
an adult jail facility not to be detained in a juvenile detention facility in
the event of subsequent offenses. Shortens the timeframe for filing a
probable cause petition from 48 hours to 24 hours from time of detention.
Failure to file a petition within the stated time will result in the child’s
release. If a petition is filed, a detention hearing is to be held within 24
hours. Provides that if a child is not placed within 10 days after a disposition
hearing, the child may be released and placed under appropriate
supervision. Allows the juvenile to file a writ of habeas corpus.
Provides that if a child has previously been sentenced as an adult, on
subsequent charges, the judge must presume that the child is not amenable to
treatment or rehabilitation. Removes the oversight authority of the
juvenile parole board for child offenders who complete a short-term commitment
of one year and who are subsequently placed on parole. Provides that
a person “who is not the subject of a delinquency petition or a person who is
determined to not be a delinquent offender” must have his files and records
automatically sealed by the court. Provides that the child’s records
and files shall be automatically sealed if the child has not received any new
allegations of delinquency in the two years following his release from custody
and supervision.
New York AB 7482
Sets the sentence range for a
juvenile offender convicted of murder in the second degree be no less that seven
and one-half years and not more than 15.
Texas HB 2319
Delineates the appeals procedure in cases of a
violent or habitual juvenile offender. Allows the court to order the parent or
guardian of a juvenile to reimburse the county for payments it made to the
counsel appointed to represent the juvenile. (Also see Juvenile Sex
Offender and Administrative sections.)
Utah HB 88
Allows a court to require a juvenile to reimburse a
person or entity paying for a reward for information leading to the juvenile
being found within the jurisdiction of the juvenile court.
Virginia HB 1559
Permits an intake officer to defer filing a
truancy complaint petition for 90 days and to proceed informally by developing a
truancy plan, if the juvenile has not previously been proceeded against
informally or adjudicated in need of supervision for failure to comply with
compulsory school attendance.
Virginia HB 2012
Requires a notice of a juvenile detention
review hearing be given to the probation and parole department of the local or
state court services unit. Requires notice to also be given to the parent,
guardian, legal custodian, the child's attorney, the child if 12 years of age or
older, and to the attorney for the Commonwealth.
Virginia HB 2282
Clarifies that a juvenile and domestic relations
district court judge has the authority to order a juvenile into detention prior
to final disposition even if the juvenile was not ordered into detention when
first taken into custody.
Washington SB 5903
Adds two more sentencing alternatives for
juvenile offenders: a suspended disposition alternative, and a mental health
disposition alternative. Under the suspended disposition alternative, the court
may impose and suspend a standard range disposition upon the condition that the
offender comply with one or more local sanctions. Under the mental health
disposition alternative, the court may suspend a disposition of 15 to 65 weeks
on the condition that the offender comply with a court-ordered mental health
treatment plan.
California SCR 40
Encourages the Legislature to support
programs that address problem behaviors in high-risk youth.
Illinois SB 1107
Requires the Chicago Board of Education to
establish a pilot program to prevent crime by developing guidelines to identify
students at risk of committing crimes and require them to tour a prison to
discourage criminal behavior.
Oklahoma HB 1139
Authorizes counties to set curfews for
juveniles by resolution and requires public notice of the curfew through
publication in local newspaper. Requires the county to work with
appropriate state agencies, if assistance is required, in producing signs for
posting curfews.
Texas HB 1828
Expands the County Graffiti Eradication Fund to allow
the Commissioners’ Court broad latitude to dispense the funds for teen
recognition programs, teen court funding, juvenile probation expenses and teen
recreation or prevention programs.
Washington HB 1009
Prohibits and creates civil infraction
for selling or renting to minors computer and video games that depict violence
against public enforcement officers. Sets fines of $200-$500.
Washington HB 1028
Requires the joint legislative audit and review
committee to analyze and review research to identify programs proven effective
at preserving families and reducing crime committed by youths and provide
recommendations.
Arkansas HB 2310 (Act 1265)
Allows the court to order juvenile sex
offender screening and risk assessment if a juvenile is adjudicated for any
offense with an underlying sexually motivated component. Allows the court
to require a juvenile to register as a sex offender upon recommendation of the
Sex Offender Assessment Committee and as the result of a hearing.
Louisiana HB 1891
Requires sexually violent juveniles to
register even if the juvenile receives a pardon from the governor.
Nevada SB 286
Allows juvenile sex offenders who offend
out-of-state to be sent back to Nevada to receive care, treatment or
rehabilitation if such a program can ensure that the other state requested such
a transfer.
Oregon HB 2756
Allows a juvenile sex offender to file a petition of
relief from registering two years after the end of the juvenile court’s
jurisdiction over the person but no later than five years after termination of
jurisdiction. Allows a juvenile sex offender who was adjudicated in
another state to petition for relief from registration requirement.
Pennsylvania SB 521
Requires the assessment, commitment and
registration of sexually violent delinquent children and young adults.
Texas HB 2319
Excuses a juvenile sex offender from
registration if the offender successfully completes treatment. (Also see
Disposition Options and Administrative Sections).
California AB 1301
Designates a parent or legal guardian guilty of
a misdemeanor if he knowingly permits his child under the age of 18, or a minor
in the company of his child, to consume alcohol or use a controlled substance at
the home and then allows the minor to leave and drive a vehicle.
Colorado HB 1240
Repeals the authority of the court to
dismiss any pending juvenile justice actions while the juvenile is in treatment
for developmental disabilities or is certified mentally ill. Requires the court
to review every 90 days the treatment or services provided to juveniles and
authorizes 90-day suspensions while the juvenile receives treatment. (Also
see Transfer/Waiver Section and Administrative.)
Colorado SB 318
Creates a Drug Offender Treatment Fund and
an interagency task force on treatment for juvenile offenders to decrease the
number of drug dependent individuals in the criminal and juvenile justice
systems.
Connecticut HB 5530
Authorizes the court to order an adult
or juvenile charged with cruelty to animals to undergo counseling or participate
in an animal cruelty prevention and education program.
Idaho HB 384
Provides substance abuse treatment for
juveniles within the therapeutic community at the state facility at
Lewiston. (Also see Administrative Section.)
Indiana HB 1689
Allows a juvenile court to order involuntary
drug and alcohol treatment for a child. Allows a juvenile court to order a
parent, guardian or custodian of a child to participate in any aspect of the
child's treatment. Specifies that neither the court nor the county is liable for
any cost of the child's assessment or treatment.
Kansas HB 2015
Allow the courts to modify a juvenile
offender’s sentence within 60 days of his or her commitment based on the
juvenile offender’s medical condition.
Louisiana HB 950 (Act 334)
Extends the length of a
juvenile’s full-time participation in the juvenile drug court program, if a
deferred disposition agreement or the juvenile’s probation mandates such
participation. (Also see Disposition Options Section.)
Maine HB 661
Expands the definition of “juvenile crimes” to include
the civil violations of possessing and using drug paraphernalia, illegal
transportation of alcohol by a minor, and transportation of illegal drugs by a
minor.
Maine HB 1165
Allows a juvenile detainee to be hospitalized
in a private psychiatric hospital if ordered by the court by way of a procedure
called “the blue paper process.” (Also see Transfer/Waiver and
Mental Health sections.)
Montana SB 362
Increases the penalties for the illegal
possession or consumption of an intoxicating substance by a person under 21
years of age. Requires chemical dependency assessment and treatment in
cases in which the minor has been convicted of a second or subsequent
offense. Requires courts to report the name of minors who are convicted of
such an offense to the Department of Public Health & Human Services and to
peace officers and courts.
Texas HB 2895
Requires the Texas Youth Commission to refer a
juvenile requiring outpatient psychiatric treatment to the appropriate mental
health authority.
Texas SB 1057
Amends current law relating to the competency
of a defendant in juvenile justice cases. Provides that a juvenile is
incompetent if he does not have sufficient ability to consult with his lawyer
with a reasonable degree of rational understanding or have a rational, as well
as a factual, understanding of the proceedings against him. Additionally, any
party, or the court, may raise the issue of competency. If the court finds there
is evidence to support a finding of incompetency, the court is required to order
a competency evaluation and stay all other proceedings in the case. Upon a
finding of incompetency, the defendant may be committed for up to 120 days (with
one possible 60-day extension) for treatment to restore the defendant to
competency or be released on bail, provided that the defendant is not a danger
to others.
Virginia HB 1599
Ensures that juveniles being tried as
adults who lack substantial capacity to understand the proceedings against them
receive appropriate treatment.
Arkansas HB 2310 (Act 1265)
Limits the number of offenses
for which a juvenile is required to submit a DNA sample for the database.
Connecticut SB 900 (Act 3-202)
Defines "juvenile court
records" and makes the records applicable to existing confidentiality laws.
Juvenile court records are those kept by: (1) courts, (2) the Judicial
Department's Court Support Services Division, (3) organizations and agencies
serving juveniles under department contracts, and (4) law enforcement agencies.
The latter includes fingerprints, photographs and physical descriptions, and
reports by probation officers and other agencies. (Also see
Disposition Options Section.)
Florida SB 1648
Clarifies that approved biological
specimens, other than blood, can be collected from a person convicted of
specified offenses who is incarcerated or in custody of the Juvenile Justice
Department.
Hawaii HB 1022
Authorizes the court to expunge a juvenile
arrest record once the juvenile has become an adult if the juvenile was
counseled and released by the police.
Idaho SB 1096
Exempts records of the Custody Review Board of
the Idaho Department of Juvenile Corrections from disclosure.
Illinois SB 15 (Act 93-0517)
Provides that an
electronic recording of a statement by the minor or accused during a custodial
interrogation is confidential and exempt from public inspection.
Illinois SB 280
Allows for contracts for the collection or
analysis of a sexually dangerous juvenile offender’s blood, saliva and tissue
sample.
Maine HB 300 (LD 380)
Expands the current DNA database of
all felons to include juveniles adjudicated delinquent of felony offenses.
Requires DNA samples from juveniles who commit certain violent crimes, such as
murder, gross sexual assault and robbery.
Massachusetts SB 187
Requires any youthful offender or
delinquent child who commits an offense that would be considered a felony if
committed by an adult to submit DNA samples for the state police
database.
New Jersey AB 2617
Requires
every person (including juveniles) convicted or found not guilty by reason of
insanity to give a sample of blood for DNA testing.
Texas HB 2895
Provides that records and all other
information concerning a juvenile, including personally identifiable
information, are not public. (Also see Mental Health Section.)
Utah HB 107
Requires that fingerprints of juveniles be taken
if the juvenile has committed an offense in which a DNA specimen is
required.
Virginia HB 1572
Requires notification to a school division
superintendent or school principal when a juvenile is found not guilty or the
criminal charges are dismissed, withdrawn or reduced.
Virginia HB 2431
Clarifies that DNA samples of juveniles
charged with felonies can be taken from blood, saliva or tissue.
Virginia HB 2432
Requires criminal history information
concerning juveniles be available to the Division of Forensic Science to verify
its authority (based upon the felonious nature of the juvenile's criminal act)
to maintain the juvenile's sample in the DNA data bank.
Virginia SB 1077
Authorizes the release of juvenile information in
the Central Criminal Records Exchange to certain State Police, sheriff and
police department employees for performance of any activity involving the
detection, apprehension, detention, pretrial release, post-trial release,
prosecution, adjudication, correctional supervision, or rehabilitation of
offenders.
Virginia SB 1078
Allows a juvenile who has reached the age of
majority to have access to his Department of Juvenile Justice records even if he
was not in custody at the department. Expands the department's authority to
withhold information contained in its records from inspection by the child's
parent or guardian when department staff determine that disclosure would be
detrimental to a third party.
California AB 945
Allows a minor to be detained in an adult
correctional facility only if the court makes its findings on the record and
also if the minor poses a danger to the staff, other minors in a juvenile
facility, or to the public.
Maine HB 1165
Eliminates terms of imprisonment in county
jails for juveniles who commit the adult offenses of night hunting or operating
an ATV in public. (Also see Corrections and Mental Health
sections.)
Nevada AB 60
Provides that if a child is found to be
developmentally or mentally incompetent to understand his situation and the
court proceedings, he will be excepted from the mandatory certification of a
juvenile being tried as an adult. Allows a decision of the Juvenile Court
to deny certification for a juvenile to be tried as an adult to be appealed.
Oregon SB 304
Expands the basis for waiving juveniles to be
prosecuted as adults if the juvenile was 15 years or older at the time of
commission of the criminal offense and the crime is: murder, Class A or B
felony, escape in the second degree, assault in the third degree, coercion,
arson in the second degree, robbery in the third degree or any Class C felony in
which the youth used or threatened to use a firearm.
Virginia HB 2274
Provides that an order terminating the
juvenile court's jurisdiction after a juvenile has been transferred and tried as
an adult must not apply to any allegations of criminal conduct that would be
within the jurisdiction of the juvenile and domestic relations district court if
the defendant were an adult.
New Hampshire HB 248
Requires the disclosure of information to
victims in juvenile delinquency cases.
Nevada SB 57
Adds that a juvenile delinquent may be required
to participate in restitution through a work program if the probation officer or
court determines that the child will benefit from the program.
Virginia HB 1520
Expands the definition of "child in need of
services" to mean a child under the age of 14 whose behavior, conduct or
condition presents or results in a serious threat to the well-being and physical
safety of the child or any other person.
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