COMMITTEE SUBSTITUTE
FOR
H. B. 2492
(By Delegates Long, Spencer, Talbott, Barker, Hunt,
Marshall and Overington)
[Originating in the Committee on the Judiciary.]
[March 23, 2005]
A BILL to amend and reenact §49-5-13d of the Code of West Virginia,
1931, as amended, relating to teen court programs; and
authorizing counties to adopt a mandatory fee when a county
elects to institute a teen court program, to fund the program.
Be it enacted by the Legislature of West Virginia:
That §49-5-13d of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. JUVENILE PROCEEDINGS.
§49-5-13d. Teen court program.
(a) Notwithstanding any provision of this article to the
contrary, in any county that chooses to institute a teen court
program in accordance with the provisions of this section, any
juvenile who is alleged to have committed a status offense or an
act of delinquency which would be a misdemeanor if committed by an
adult and who is otherwise subject to the provisions of this
article may be given the option of proceeding in the teen court
program as an alternative to the filing of a formal petition under
section seven of this article or proceeding to a disposition as
provided by section eleven-a or thirteen of this article, as the case may be. The decision to extend the option to enter the teen
court program as an alternative procedure shall be made by the
circuit court if the court finds that the offender is a suitable
candidate for the program. No juvenile may enter the teen court
program unless he or she and his or her parent or guardian consent.
Any juvenile who does not successfully cooperate in and complete
the teen court program and any disposition imposed therein shall be
returned to the circuit court for further disposition as provided
by section eleven-a or thirteen of this article, as the case may
be.
(b) The following provisions apply to all teen court programs:
(1) The judge for each teen court proceeding shall be an
acting or retired circuit court judge or an active member of the
West Virginia State Bar, who serves on a voluntary basis.
(2) Any juvenile who selects the teen court program as an
alternative disposition shall agree to serve thereafter on at least
two occasions as a teen court juror.
(3) Volunteer students from grades seven through twelve of the
schools within the county shall be selected to serve as defense
attorney, prosecuting attorney, court clerk, bailiff and jurors for
each proceeding.
(4) Disposition in a teen court proceeding shall consist of
requiring the juvenile to perform sixteen to forty hours of
community service, the duration and type of which shall be
determined by the teen court jury from a standard list of available
community service programs provided by the county juvenile
probation system and a standard list of alternative consequences
that are consistent with the purposes of this article. The performance of the juvenile shall be monitored by the county
juvenile probation system. The juvenile shall also perform at
least two sessions of teen court jury service and, if considered
appropriate by the circuit court judge, participate in an education
program. Nothing in this section may be construed so as to deny
availability of the services provided under section eleven-a of
this article to juveniles who are otherwise eligible therefor.
(c) The rules for administration, procedure and admission of
evidence shall be determined by the chief circuit judge, but in no
case may the court require a juvenile to admit the allegation
against him or her as a prerequisite to participation in the teen
court program. A copy of these rules shall be provided to every
teen court participant.
(d) Each county that operates, or wishes to operate, a teen
court program as provided in this section is hereby authorized to
adopt a mandatory fee of up to five dollars to be assessed as
provided in this subsection. Assessments collected by the clerks
of the municipal courts, magistrate court, and circuit court in the
county pursuant to this subsection shall be deposited on or before
the tenth day of each month into an account specifically for the
operation and administration of a teen court program in that county
or counties. The clerks of the municipal courts, magistrate court
and circuit court in the county or counties shall collect the fees
established in this subsection and shall remit the fees to the teen
court program in the respective county, less five percent which
shall be retained as fee income to the office of the clerks of the
respective municipal courts, magistrate court and circuit court in
the county or counties. The fees are to be assessed as follows:
(1) A fee of up to five dollars shall be paid by the defendant
on a judgment of guilty or a plea of nolo contendere for each
violation of any traffic regulation or laws of the road under the
provisions of chapter seventeen-c of this code or any local
ordinance, involving a violation committed in the county, to be
paid by the defendant in addition to any other assessments or fees
which may be imposed by law.
NOTE: The purpose of this bill is to provide a funding
mechanism for teen court programs.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.