Juvenile Justice Enactments 2003Administrative 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. Corrections, Detention and Conditions of Confinement
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. Disposition Options and Procedures 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.
Delinquency Prevention 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. Juvenile Sex Offenders 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).
Mental Health, Substance Abuse 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. Records/Information
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. Transfer/Waiver 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. Victims
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. Miscellaneous
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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