Act No. 159 (H.751). Human services; crimes and criminal procedures; juveniles
An act relating to jurisdiction of delinquency proceedings
This act makes a number of changes to juvenile proceedings. The act permits the family division to extend jurisdiction over a child who has been adjudicated delinquent up until six months after the child's 18th birthday if the offense for which the child has been adjudicated delinquent is a nonviolent misdemeanor and the child was 17 years old when he or she committed the offense. Under current law, the family division's jurisdiction ends when the child turns 18. By extending jurisdiction, the act permits some children adjudicated delinquent to continue to receive services from the department for children and families and be subject to the supervision of the family division while they are 18 years of age.
The act permits the state's attorney to file a motion to transfer misdemeanor and certain nonviolent felony delinquency proceedings from the family division to the criminal division of the superior court if the child is 16 or 17 years of age; under current law, a motion to transfer may only be filed for children who have committed serious felonies. The motion may be filed at any time prior to adjudication of the case on the merits; under current law, a motion to transfer must be filed within 10 days after the delinquency petition is filed.
The act requires the child in a delinquency proceeding to be given an opportunity to have a risk and needs screening before the preliminary hearing, permits the disposition case plan to be waived if the juvenile enters an admission to the offense, and permits a court to refer a child adjudicated delinquent directly to a community-based provider rather than placing the child on probation. The act also establishes a committee to study the effectiveness of the juvenile justice system in reducing crime and recidivism.
Effective Date: July 1, 2012
Also see: Health; Act No. 135 (H.627); An act relating to an opioid addiction treatment system
Also see: Health; Act No. 171 (H.559); An act relating to health care reform implementation
Also see: Insurance; Act No. 120 (S.222); An act relating to cost-sharing for employer-sponsored insurance assistance