HB2483 S JUD AM #1

Smith 7883

The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:

ARTICLE 4. court actions.

§49-4-720. Prohibition on committing juveniles to adult facilities. copy provided to juvenile

(a) No A juvenile, including one who has been transferred to criminal jurisdiction of the court, shall may not be detained or confined in any institution in which he or she has contact with or comes within sight or sound of any adult persons incarcerated because they have he or she has have been convicted of a crime or are awaiting trial on criminal charges or with the security staff (including management) or direct-care staff of a jail or locked facility for adults.

(b) No A child who has been convicted or is awaiting trial of an offense under the adult jurisdiction of the circuit court shall may not be held in custody in a an adult correctional facility of this state while under the age of 18 years. The Division of Juvenile Services shall be responsible for notifying notify the sentencing court and copy the county prosecuting attorney of the sentencing court within forty-five 180 days, or as soon as practicable, days of the child’s eighteenth birthday that the child will be turning 18 years of age. The court shall, upon receipt of the notice, set the matter for a hearing. Within ten days of the child’s eighteenth birthday, the court shall transfer the offender to Before the child reaches 18 years of age, the court shall hold a hearing and enter an order transferring the offender to an adult correctional facility, a facility for youthful offenders, if applicable: or to any other disposition the court deems considers appropriate, which does not violate the provisions of subsection (a) of this section: for adult offenders. Notwithstanding any other provision of this code to the contrary, prior to the transfer the child shall be returned to the sentencing court for the purpose of reconsideration and modification of the imposed sentence, which shall be based upon a review of all records and relevant information relating to the child's rehabilitation since his or her conviction under the adult jurisdiction of the court. Provided, however, That the court may not remand a person who reached the age of 18 years to a juvenile facility or place the person with other juveniles.

(c) The provisions of §61-11A-1 et seq. of this code, are applicable to proceedings under this section.

§49-4-722. Conviction for offense while in custody.

(a) Notwithstanding any other provision of law to the contrary, any person who is 18 years of age or older who is convicted as an adult of an offense that he or she committed while in the custody of the Division of Juvenile Services and who is therefor sentenced to a regional jail or state correctional facility for the offense may not be returned to the custody of the division upon the completion of his or her adult sentence. until a hearing is held before the court which committed the person to the custody of the Division of Juvenile Services at which hearing the division may present any objections it may have to return the person to its custody. If the division does object and the court overrules the division's objections, it shall make specific written findings as to its rationale for overruling the objections.

(b) No person who is eighteen years of age or older who is convicted as an adult of a felony crime of violence against the person while in the custody of the Division of Juvenile Services be returned to the custody of the Division of Juvenile Services upon completion of his or her adult sentence Prior to completion of the adult sentence specified in §49-4-722(a) of this code, the circuit court having jurisdiction over the underlying juvenile matter shall conduct a hearing to determine whether the person who has turned 18 years of age shall remain in the regional jail during pendency of the underlying juvenile matter or if another disposition or pretrial placement is appropriate and available: Provided, That the court may not remand a child who reached the age of 18 years to a juvenile facility or placement during the pendency of the underlying juvenile matter.

Adopted

Rejected