Posted March 9, 2004

2003 Summary of Juvenile Justice Legislation

New juvenile justice state laws in 2003 focused on prevention and providing necessary drug, alcohol and mental health treatment to youthful offenders. Additionally, new measures reflected the concern for distinguishing juveniles from adult offenders.

Again in 2003, legislators worked to reduce juvenile crime through prevention, diversion and intervention programs. Increasingly, states are using teen court programs to provide an alternative to the traditional juvenile justice system and promote positive peer influence. Louisiana lawmakers joined numerous other states by passing legislation authorizing juvenile courts to use or initiate teen court programs. Similarly, a new Mississippi law authorizes the establishment of teen court programs in any county for the diversion of juvenile offenders. Other states focused on establishing local committees and pre-trial diversion programs to help youths. Kansas legislation requires the commissioner of the Juvenile Justice Authority to establish a Community Advisory Committee that would be responsible for identifying new or enhanced community-based graduated sanction and prevention programs. A Nebraska enactment authorizes a city or county attorney to establish a pre-trial diversion program for juveniles. Washington passed a law which requires the joint legislative and audit committee to analyze and review research to identify programs proven to reduce juvenile crime and preserve families. (Appendix: Louisiana HB 1105, Mississippi HB 800, Kansas SB 11, Nebraska LB 34, Washington HB 1028.)

Treating juveniles with mental health problems and drug or alcohol addiction was the topic of several new state laws last year. Colorado established a Drug Offender Treatment Fund and an interagency task force on treatment for juvenile offenders, with its goal being to decrease the number of drug dependent individuals in the criminal and juvenile justice systems. An Indiana measure allows a juvenile court to order involuntary drug and alcohol treatment for a juvenile, and allows a parent, guardian or custodian of the juvenile to participate in any aspect of the child’s treatment. State legislatures also took steps to address the mental health needs of juveniles. Legislation in Washington provided a mental health disposition alternative for juvenile offenders. The court is permitted to suspend a juvenile’s disposition of 15 to 65 weeks on the condition that the offender comply with a court-ordered mental health treatment plan. In Colorado, a new law requires the juvenile court to review the treatment services provided to juveniles with developmental disabilities or who are certified mentally ill and authorizes a 90-day suspension while the juvenile receives treatment. (Appendix: Washington SB 5903; Colorado HB 1240 & SB 318; Indiana HB 1689.)

Several states adopted the Interstate Compact for Juveniles, which updates the existing compact for juveniles and establishes a national interstate commission to promulgate rules and procedures for the compact. Arizona, Connecticut, Delaware, Louisiana, Maine, Michigan, New Mexico, North Dakota and Washington adopted the compact. (Appendix: Arizona HB 2106, Connecticut HB 6475, Delaware HB 84, Louisiana SB 332, Maine HB 977, Michigan HB 4145, New Mexico HB 46, North Dakota HB 1254, Washington SB 5133.)

Significant enactments illustrate legislators’ concerns with treating juvenile offenders like adult criminals. Notably, a new Connecticut law creates an implementation team to review and report 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 team will consider the variety of 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. New measures in Colorado and South Dakota require the removal of juveniles from the company of adult offenders. The Colorado law states that a juvenile will not be presumed to be a danger if found in the possession of a BB, pellet or gas gun and thus will not be confined with adult offenders. South Dakota requires the removal of juveniles from adult jails, specifying that they can be held in such jails for up to 48 hours in rural areas but be sight and sound separated from the adults. (Appendix: Connecticut HB 6567, Colorado HB 1240, South Dakota SB 202.)

For a complete list of the 2003 Juvenile Justice Enactments.