Senate Bill No. 466
(By Senators Manchin, Wiedebusch and Oliverio)
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[Introduced February 20, 1995; referred to the Committee
on the Judiciary.]
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A BILL to repeal section thirteen-c, article five, chapter
forty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact
sections six, eight and nine, article four, chapter
twenty-five of said code; to amend and reenact section one,
article one, chapter forty-nine of said code; to amend and
reenact sections one, one-b, three, three-a, eight, nine,
ten, thirteen, thirteen-b, fifteen, sixteen, sixteen-a,
seventeen and eighteen, article five of said chapter; to
amend and reenact sections two and six, article five-a of
said chapter; to amend and reenact sections four and five,
article five-b of said chapter; and to amend and reenact section three, article five-c of said chapter, all relating
to the juvenile proceedings reform act of one thousand nine
hundred ninety-five; youthful offenders and juvenile
proceedings; labor activities and wages for youthful
offenders; defining "child" and "juvenile"; permitting trial
of juvenile offenders as adults in all courts; authorizing
appointment of juvenile probation officers who are also law-
enforcement officers; detention of juveniles in same
facilities as adults; providing for the placing of juveniles
in adult correction facilities; placing two law-enforcement
officers on the membership of the legislative committee on
juvenile law; and generally revising proceedings for
youthful or juvenile offenders and the criminal penalties
applicable.
Be it enacted by the Legislature of West Virginia:
That section thirteen-c, article five, chapter forty-nine of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be repealed; that sections six, eight and nine,
article four, chapter twenty-five of said code be amended and
reenacted; that section one, article one, chapter forty-nine of
said code be amended and reenacted; that sections one, one-b, three, three-a, eight, nine, ten, thirteen, thirteen-b, fifteen,
sixteen, sixteen-a, seventeen and eighteen, article five of said
chapter be amended and reenacted; that sections two and six,
article five-a of said chapter be amended and reenacted; that
sections four and five, article five-b of said chapter be amended
and reenacted; and that section three, article five-c of said
chapter be amended and reenacted, all to read as follows:
CHAPTER 25. DIVISION OF CORRECTIONS.
ARTICLE 4. CENTERS FOR HOUSING YOUTHFUL LAW OFFENDERS.
§25-4-6. Assignment of offenders to center; period of center
confinement; return to court; sentence or probation;
revocation of probation; transfer of youths by
commissioner of public institutions.
The judge of any court with original criminal jurisdiction
may suspend the imposition of sentence of any
male youth
convicted of or pleading guilty to a criminal offense, other than
an offense punishable by life imprisonment, who has attained his
sixteenth birthday but has not reached his twenty-first birthday
at the time of the commission of the crime, and commit him to the
custody of the West Virginia commissioner of public institutions
to be assigned to a center. The period of confinement in the
center shall
be for a period of six months, or longer if it is deemed advisable by the center superintendent, but in any event
such period of confinement shall not exceed two years not be
limited. If, in the opinion of the superintendent, such
male
offender proves to be an unfit person to remain in such a center,
he shall be returned to the court which committed him to be dealt
with further according to law. In such event, the court may
place him on probation or sentence him for the crime for which he
has been convicted. In his discretion, the judge may allow the
defendant credit on his sentence for time he has spent in the
center.
When, in the opinion of the superintendent, any
boy youth
has satisfactorily completed the center training program, such
male offender shall be returned to the jurisdiction of the court
which originally committed him. He shall be eligible for
probation for the offense with which he is charged, and the judge
of the court shall immediately place him on probation. In the
event his probation is subsequently revoked by the judge, he
shall be given the sentence he would have originally received had
he not been committed to the center and subsequently placed on
probation. The court shall, however, give the defendant credit
on his sentence for the time he spent in the center.
Any
male youth between the ages of ten and eighteen
committed by the judge of any court of competent jurisdiction for
any of the causes, and in the manner prescribed in article five,
chapter forty-nine of this code, may, if such youth is or has
attained the age of sixteen, be placed in a center or transferred
from the industrial school or like facility to a center and back
to such facility by the commissioner of public institutions, if
he deems it proper for the youth's detention and rehabilitation.
§25-4-8. Labor, study or activities may be required.
Offenders assigned to centers may be required to
labor and
perform labor
activities such as, but not limited to, on the
buildings and grounds of the center, in the making of forest
roads, for fire prevention and fire fighting, on forestation and
reforestation of public lands, on the making of fire trails and
firebreaks, on fire suppression, on building or improving public
parks or lands.
The superintendent may require youth assigned to
the center to, or engage in any studies or
other labor or
activities prescribed or permitted by the superintendent, subject
to the approval of the commissioner of public institutions.
§25-4-9. Wages of offenders.
The West Virginia commissioner of corrections may provide for the payment of wages to the offenders assigned to centers for
the work they perform, which wages
shall not exceed two dollars
for each day's work performed, the sums earned,
twenty-five
percent of which, to be paid to the parents or dependents of the
offender or to the offender himself, in such manner and in such
proportions as the superintendent directs;
twenty-five percent of
which to be paid to the institution housing the offender; and,
fifty percent of which shall be paid into a fund managed by the
department of military affairs and public safety for the victim
of the crime, victim of the family of the crime or person or
institution whose property was damaged.
CHAPTER 49. CHILD WELFARE AND JUVENILE PROCEEDINGS.
ARTICLE 1. PURPOSES; DEFINITIONS.
§49-1-2. "Child" and "juvenile" defined.
"Child"
and "juvenile" means any person under eighteen years
of age. Once a
child juvenile is transferred to a court with
criminal jurisdiction pursuant to section ten, article five of
this chapter,
he nevertheless remains a child for the purposes of
the applicability of the provisions of this chapter with the
exception of sections one through seventeen of article five of
this chapter, unless otherwise stated therein he shall be tried as an adult.
ARTICLE 5. JUVENILE PROCEEDINGS.
§49-5-1. Jurisdiction of circuit courts over persons under
eighteen years of age; constitutional guarantees;
right to counsel; hearings.
(a) The circuit court of the county shall have original
jurisdiction in proceedings brought under this article.
If during a criminal proceeding against a person in any
court, it shall be ascertained or shall appear that the person is
under the age of nineteen years and was under the age of eighteen
years at the time of the alleged offense, the matter shall be
immediately certified to the juvenile jurisdiction of the circuit
court, and the circuit court shall assume jurisdiction of the
case in the same manner as cases originally instituted in the
circuit court by petition:
Provided, That for violation of a
traffic law of West Virginia, magistrate courts shall have
concurrent jurisdiction with the circuit court, and persons under
the age of eighteen years shall be liable for punishment for
violation of such traffic laws in the same manner as adults.
except that magistrate courts shall have no jurisdiction to
impose a sentence of confinement for the violation of traffic laws
As used in this section, "violation of a traffic law of West
Virginia" means violation of any law contained in chapters
seventeen-a, seventeen-b, seventeen-c and seventeen-d of this
code except sections one and two, article four (hit and run) and
sections one (negligent homicide), two (driving under influence
of alcohol, controlled substances or drugs) and four (reckless
driving), article five, chapter seventeen-c of this code.
(b) Any
child juvenile shall be entitled to be admitted to
bail or recognizance in the same manner as a person over the age
of eighteen years and shall have the protection guaranteed by
article III of the Constitution of West Virginia.
(c) The
child juvenile shall have the right to be
effectively represented by counsel at all stages of proceedings
under the provisions of this article. If the
child juvenile,
parent or custodian executes an affidavit showing that he cannot
pay for an attorney appointed by the court or referee, the court
shall appoint counsel, to be paid as provided for in article
twenty-one, chapter twenty-nine of this code.
(d) In all proceedings under this article, the
child
juvenile shall be afforded a meaningful opportunity to be heard, including the opportunity to testify and to present and
cross-examine witnesses. In all such proceedings the general
public shall be excluded except persons whose presence is
requested by a
child juvenile or respondent and other persons the
court finds to have a legitimate interest.
Except as herein modified, at all adjudicatory hearings, the
rules of evidence applicable in criminal cases shall apply,
including the rule against written reports based upon hearsay.
Unless otherwise specifically provided in this chapter, all
procedural rights afforded adults in criminal proceedings shall
be applicable. Extra judicial statements, other than res gestae,
by a
child juvenile under fourteen years of age to
law-enforcement officials or while in custody, shall not be
admissible unless made in the presence of the
child's juvenile's
counsel.
Extra judicial statements, other than res gestae by a
child
juvenile under sixteen years of age but above the age of thirteen
to law-enforcement officers or while in custody, shall not be
admissible unless made in the presence of the
child's juvenile's
counsel or made in the presence of and with the consent of the
child's juvenile's parent or custodian who has been fully informed regarding the
child's juvenile's right to a prompt
detention hearing,
and his right to counsel including appointed
counsel if he cannot afford counsel.
and his privilege against
self-incrimination A transcript or recording shall be made of
all transfer, adjudicatory and dispositional hearings. At the
conclusion of any hearing, the court shall make findings of fact
and conclusions of law, and the same shall appear of record.
(e) The court reporter shall furnish a transcript of the
relevant proceedings to any indigent
child juvenile who seeks
review of any proceeding under this article if an affidavit is
filed stating that the
child juvenile and his parent or custodian
are unable to pay therefor.
§49-5-1b. Jurisdiction of municipal courts over persons under
eighteen years of age.
Notwithstanding any other section of this code to the
contrary, municipal courts shall have concurrent juvenile
jurisdiction with the circuit court only for alleged violations
of municipal ordinances regulating traffic.
except that
municipal courts shall have no jurisdiction to impose a sentence
of confinement for the violation of such laws
Any municipal court of a municipality which has enacted an enforceable curfew ordinance may assume jurisdiction of a
juvenile charged with violation of such ordinance and make any
disposition thereof which could properly be made by a circuit
court exercising its juvenile jurisdiction.
except that
municipal courts shall have no jurisdiction to impose a sentence
of confinement for the violation of such laws
§49-5-3. Noncustodial counseling of a juvenile.
The court at any time, or the state department or other
official upon a request from a parent, guardian or custodian,
may, without institution of proceedings under this article,
refer a
child juvenile alleged to be delinquent to a counselor at
the state department or a community mental health center or other
professional counselor in the community. In the event the
child
juvenile refuses to respond to such reference the state
department may serve a notice by first-class mail or personal
service of process upon the
child juvenile, setting forth the
facts and stating that the department will seek a noncustodial
order from the court directing the
child juvenile to submit to
counseling. The notice shall set forth the time and place for
the hearing on the matter. The court or referee after hearing
may direct the
child juvenile to participate in a noncustodial period of counseling not to exceed six months. Upon
recommendation of the department, and with the consent of the
child's juvenile's parent or guardian, the court or referee may
also allow the participation of
such the parent or guardian in
said counseling. No information obtained as the result of
such
the counseling shall be admissible in a subsequent proceeding
under this article except a dispositional proceeding.
§49-5-3a. Informal adjustment counseling by probation officer.
(a) Before a petition is filed, the probation officer or
other officer of the court designated by it, subject to its
direction,
and then only in first-time, nonviolent, misdemeanor
cases, may give counsel and advice to the parties with a view to
an informal adjustment if it appears:
(1) The admitted facts bring the case within the
jurisdiction of the court;
(2) Counsel and advice without an adjudication would be in
the best interest of the public and the
child juvenile; and
(3) The
child juvenile and his parents, guardian or other
custodian consent thereto with knowledge that consent is not
obligatory.
(b) The giving of counsel and advice cannot extend beyond six months from the day commenced unless extended by the court
for an additional period.
§49-5-8. Taking a juvenile into custody; detention hearing;
counsel.
(a) In proceedings instituted by the filing of a juvenile
petition the circuit court may enter an order directing that a
child juvenile be taken into custody only if
at least one of the
following conditions exist: (1) The petition shows that grounds
exist for the arrest of an adult in identical circumstances; (2)
the health, safety and welfare of the
child juvenile demand such
custody; (3) the
child juvenile is a fugitive from a lawful
custody or commitment order of a juvenile court;
or (4) the
child
juvenile has a record of willful failure to appear at juvenile
proceedings, and custody is necessary to assure his or her
presence before the court;
or (5) the juvenile may represent a
continuing danger to the life, property or safety of community
members. A detention hearing shall be held without delay by the
judge, juvenile referee or magistrate authorized to conduct such
hearing, and in no event shall the delay exceed the next
succeeding judicial day, excluding Saturday
and Sunday, and such
child juvenile shall be released on recognizance to his or her parent, guardian or custodian unless findings are made as
specified in subsection (d) of this section.
(b) Absent a warrant or court order, a
child juvenile may be
taken into custody by a law-enforcement official only if one of
the following conditions exist: (1) Grounds exist for the arrest
of an adult in identical circumstances; (2) emergency conditions
exist which in the judgment of the officer pose imminent danger
to the health, safety and welfare of the
child juvenile; (3) the
official has reasonable grounds to believe that the
child
juvenile is a runaway without just cause from the
child's
juvenile's parents or legal custodian and the health, safety and
welfare of the
child juvenile is endangered; (4) the
child
juvenile is a fugitive from a lawful custody or commitment order
of a juvenile court; or (5) the official has reasonable grounds
to believe the
child juvenile to have been driving a motor
vehicle with any amount of alcohol in his or her blood. Except
as is otherwise provided in section six-a, article five, chapter
seventeen-c of this code, upon taking a
child juvenile into
custody, with or without a warrant or court order, the official
shall: (i) Immediately notify the
child's juvenile's parent,
custodian or, if the parent or custodian cannot be located, a close relative; (ii) release the
child juvenile into the custody
of his or her parent or custodian unless the circumstances
warrant otherwise; (iii) refer the matter to the prosecuting
attorney, state division or probation officer for proceedings
under this article; and (iv) if a
child juvenile is being held in
custody absent a warrant or court order, cause a warrant,
petition or order, as the case may be, to be immediately issued
authorizing the detention of such
child juvenile.
If a
child juvenile is taken into custody pursuant to
subdivision (2) or (3) hereunder, the state division shall be
immediately notified. Any
child juvenile taken into custody as
a runaway shall not be held in custody more than forty-eight
hours without a court order, or more than seven days in any
event. Such
child juvenile shall not be confined in any facility
wherein persons are being detained for an offense which would be
a crime if committed by an adult.
(c) In the event that a
child juvenile is delivered into the
custody of a sheriff or director of a detention facility, such
sheriff or director shall immediately notify the court or
referee. Said sheriff or director shall immediately provide to
every
child juvenile who is delivered into his or her custody a written statement explaining the
child's juvenile's right to a
prompt detention hearing, his or her right to counsel including
appointed counsel if he cannot afford counsel and his or her
privilege against self-incrimination. In all cases when a
child
juvenile is delivered into custody, the
child juvenile shall be
released to his or her parent, guardian or custodian by the end
of the next succeeding judicial day, excluding Saturday
and
Sunday, after being delivered into such custody, unless the
child
juvenile has been placed in detention pursuant to subsection (d)
of this section.
Law-enforcement officers may incarcerate
juveniles in a common county jail, regional jail or police
lock-up only upon a second or greater arrest or upon arrest for
a violent crime.
(d) A
child juvenile in custody must immediately be taken
before a referee or judge of the circuit court and in no event
shall a delay exceed the next succeeding judicial day:
Provided,
That if there be no judge or referee then available in the
county, then such
child juvenile shall be taken immediately
before any magistrate in the county for the sole purpose of
holding a detention hearing. The judge, referee or magistrate
shall inform the
child juvenile of his or her right to remain silent,2 that any statement may be used against him or her and
of his or her right to counsel, and no interrogation shall be
made without the presence of a parent or counsel:
Provided,
That a juvenile may knowingly waive the right against
self-incrimination. If the
child juvenile or his or her parent,
guardian or custodian has not retained counsel, counsel shall be
appointed as soon as practicable. The referee, judge or
magistrate shall hear testimony concerning the circumstances for
taking the
child juvenile into custody and the possible need for
detention in accordance with section two, article five-a of this
chapter. The sole mandatory issue at the detention hearing shall
be whether the
child juvenile shall be detained pending further
court proceedings. The court shall, if advisable, and if the
health, safety and welfare of the
child juvenile will not be
endangered thereby, release the
child juvenile on recognizance to
his or her parents, custodians or an appropriate agency; however,
if warranted, the court may require bail, except that bail may be
denied in any case where bail could be denied if the accused were
an adult.
The judge of the circuit court or referee may, in
conjunction with the detention hearing, conduct a preliminary hearing pursuant to section nine, article five of this chapter:
Provided, That all parties are prepared to proceed and the
child
juvenile has counsel during such hearing.
§49-5-9. Preliminary hearing; counsel; improvement period.
(a) Following the filing of a juvenile petition, unless a
preliminary hearing has previously been held in conjunction with
a detention hearing with respect to the same charge contained in
the petition, the circuit court or referee shall hold a
preliminary hearing. In the event that the
child juvenile is in
custody, such hearing shall be held within ten days of the time
the
child juvenile is taken into custody unless good cause be
shown for a continuance. If no preliminary hearing is held
within ten days of the time the
child juvenile is taken into
custody, the
child juvenile shall be released on recognizance
unless the hearing has been continued for good cause. If the
judge is in another county in the circuit, the hearing may be
conducted in such other county. The preliminary hearing may be
waived by the
child juvenile, upon advice of his counsel. At the
hearing, the court or referee shall:
(1) If the
child juvenile is not represented by counsel,
inform the
child juvenile and his parents, guardian or custodian or any other person standing in loco parentis to him of the
child's juvenile's right to be represented at all stages of
proceedings under this article and the right to have counsel
appointed.
(2) Appoint counsel by order entered of record, if counsel
has not already been retained, appointed or knowingly waived.
(3) Determine after hearing if there is probable cause to
believe that the
child juvenile is a delinquent
child juvenile.
If probable cause is not found, the
child juvenile shall be
released and the proceedings dismissed. If probable cause is
found, the case shall proceed to adjudication. At the hearing or
as soon thereafter as is practicable, the date for the
adjudicatory hearing shall be set to give the
child juvenile, the
child's juvenile's parents and attorney at least ten days'
notice, unless notice is waived by all parties.
(4) In lieu of placing the
child juvenile in a detention
facility when bond is not provided, the court may place the
child
juvenile in the temporary custody of the state department
pursuant to section sixteen, article two of this chapter or may
place the
child juvenile in the custody of a probation officer.
If the
child juvenile is detained in custody, the detention shall not continue longer than thirty days without commencement of the
adjudicatory hearing unless good cause for a continuance be shown
by either party or, if a jury trial be demanded, no longer than
the next regular term of said court.
(5) Inform the
child juvenile of the right to demand a jury
trial.
(b) The
child juvenile may move to be allowed an improvement
period for a period not to exceed one year
for first-time
misdemeanors only. If the court is satisfied that the best
interest of the
child juvenile is likely to be served by an
improvement period, the court may delay the adjudicatory hearing
and allow a noncustodial improvement period upon terms calculated
to serve the rehabilitative needs of the
child juvenile. At the
conclusion of the improvement period, the court shall dismiss the
proceeding if the terms have been fulfilled; otherwise, the court
shall proceed to the adjudicatory stage. A motion for an
improvement period shall not be construed as an admission or be
used as evidence.
§49-5-10. Waiver and transfer of jurisdiction.
(a)
Upon written motion of the prosecuting attorney filed at
least eight days prior to the adjudicatory hearing and with reasonable notice to the child, the parents, guardians, or
custodians of the child, and the child's counsel, When a
juvenile is charged with a felony, the court shall conduct a
hearing to determine if juvenile jurisdiction should be waived
and the proceeding should be transferred to the criminal
jurisdiction of the court. Any motion filed in accordance with
this section shall state, with particularity, the grounds for the
requested transfer, including the grounds relied upon set forth
in subsection (d) of this section, and the burden shall be upon
the state to establish such grounds by
clear and convincing
reasonable proof. Any hearing held under the provisions of this
section shall be held within seven days of the filing of the
motion for transfer unless it is continued for good cause.
(b) No inquiry relative to admission or denial of the
allegations of the charge or the demand for jury trial shall be
made by or before the court until a decision shall have been made
relative to whether the proceeding is to be transferred to
criminal jurisdiction.
(c) The court shall transfer a juvenile proceeding to
criminal jurisdiction if a
child juvenile who has attained the
age of sixteen years shall make a demand on the record to be transferred to the criminal jurisdiction of the court. Such
cases may then be referred to a magistrate for trial, if
otherwise cognizable by a magistrate.
(d) The court
may, upon consideration of the child's mental
and physical condition, maturity, emotional attitude, home or
family environment, school experience and similar personal
factors, shall transfer a juvenile proceeding to criminal
jurisdiction if there is probable cause to believe that:
(1) The
child juvenile has committed the crime of treason
under section one, article one, chapter sixty-one of this code;
the crime of murder under sections one, two and three, article
two, chapter sixty-one of this code; the crime of robbery
involving the use or presenting of firearms or other deadly
weapons under section twelve, article two, chapter sixty-one of
this code; the crime of kidnapping under section fourteen-a,
article two, chapter sixty-one of this code; the crime of first
degree arson under section one, article three, chapter sixty-one
of this code; or charging sexual assault in the first degree
under section three, article eight-b, chapter sixty-one of this
code, and in such case, the existence of such probable cause
shall be sufficient grounds for transfer without further inquiry; or
The court may transfer a juvenile proceeding to criminal
jurisdiction if there is probable cause to believe that the
juvenile has committed an offense which would be a felony if
committed by an adult.
(2) A
child juvenile has committed an offense of violence to
the person which would be a felony if the
child juvenile were an
adult:
Provided, That the
child juvenile has been previously
adjudged delinquent for the commission of an offense which would
be a violent felony if the
child juvenile were an adult; or
(3) A
child juvenile has committed an offense which would be
a felony if the
child juvenile were an adult:
Provided, That the
child juvenile has been twice previously adjudged delinquent for
the commission of an offense which would be a felony if the
child
juvenile were an adult; or
(4) A
child juvenile, sixteen years of age or over, has
committed an offense of violence to the person which would be a
felony if committed by an adult; or
(5) A
child juvenile, sixteen years of age or over, has
committed an offense which would be a felony if committed by an
adult:
Provided, That such
child juvenile has been previously adjudged delinquent for an offense which would be a felony if the
child juvenile were an adult.
(e) If, after a hearing, the court directs the transfer of
any juvenile proceeding to criminal jurisdiction, it shall state
on the record the findings of fact and conclusions of law upon
which its decision is based or shall incorporate such findings of
fact and conclusions of law in its order directing transfer.
(f) The child shall have the right to directly appeal an
order of transfer to the supreme court of appeals of the state of
West Virginia: Provided, That notice of intent to appeal and a
request for transcript be filed within ten days from the date of
the entry of any such order and the petition for appeal shall be
presented to the supreme court of appeals within forty-five days
from the entry of such order, and that, in default thereof, the
right of appeal and the right to object to such order of transfer
shall be waived and may not thereafter be asserted. The
provisions of article five, chapter fifty-eight of this code
pertaining to the appeals of judgments in civil actions shall
apply to appeals under this chapter except as herein modified.
The judge of the circuit court may, prior to the expiration of
such period of forty-five days, by appropriate order, extend and re-extend such period for such additional period or periods, not
to exceed a total extension of sixty days, as in his opinion may
be necessary for preparation of the transcript: Provided, That
the request for such transcript was made by the party seeking
appeal within ten days of entry of such order of transfer. In
the event any such notice of intent to appeal and request for
transcript be timely filed, proceedings in criminal court shall
be stayed upon motion of the defendant pending final action of
the supreme court of appeals thereon.
§49-5-13. Disposition; appeal.
(a) In aid of disposition, the juvenile probation officer or
state department worker assigned to the court shall, upon request
of the court, make an investigation of the environment of the
child juvenile and the alternative dispositions possible. The
court, upon its own motion, or upon request of counsel, may order
a psychological examination of the
child juvenile. The report of
such examination and other investigative and social reports shall
not be made available to the court until after the adjudicatory
hearing. Unless waived, copies of the report shall be provided
to counsel for the petitioner and counsel for the
child juvenile
no later than seventy-two hours prior to the dispositional hearing.
(b) Following the adjudication, the court shall conduct the
dispositional proceeding, giving all parties an opportunity to be
heard. In disposition the court shall not be limited to the
relief sought in the petition and shall give precedence to the
least restrictive of the following alternatives consistent with
the best interests and welfare of the public and the
child
juvenile:
(1) Dismiss the petition;
(2) Refer the
child juvenile and the
child's juvenile's
parent or custodian to a community agency for needed assistance
and dismiss the petition;
(3) Upon a finding that the
child juvenile is in need of
extra-parental supervision: (A) Place the
child juvenile under
the supervision of a probation officer of the court or of the
court of the county where the
child juvenile has his or her usual
place of abode, or other person while leaving the
child juvenile
in custody of his or her parent or custodian; and (B) prescribe
a program of treatment or therapy or limit the
child's juvenile's
activities under terms which are reasonable and within the
child's juvenile's ability to perform, including participation in the letter central programs established pursuant to section
twenty-five, article seven, chapter twenty;
(4) Upon a finding that a parent or custodian is not willing
or able to take custody of the
child juvenile, that a
child
juvenile is not willing to reside in the custody of his parent or
custodian, or that a parent or custodian cannot provide the
necessary supervision and care of the
child juvenile, the court
may place the
child juvenile in temporary foster care or
temporarily commit the
child juvenile to the state department or
a child welfare agency. The court order shall state that
continuation in the home is contrary to the best interest of the
child juvenile and why; and whether or not the state department
made a reasonable effort to prevent the placement or that the
emergency situation made such efforts unreasonable or impossible.
Whenever the court transfers custody of a youth to the department
of human services, an appropriate order of financial support by
the parents or guardians shall be entered in accordance with
section five, article seven of this chapter and guidelines
promulgated by the supreme court of appeals;
(5)
Upon a finding that no less restrictive alternative
would accomplish the requisite rehabilitation of the child, and Upon an adjudication of delinquency pursuant to subdivision (1),
section four, article one of this chapter, commit the
child
juvenile to an industrial home or correctional institution for
children juveniles. Commitments shall not exceed the maximum
term for which an adult could have been sentenced for the same
offense, with discretion as to discharge to rest with the
director of the institution, who may release the
child juvenile
and return him to the court for further disposition. The order
shall state that continuation in the home is contrary to the best
interests of the
child juvenile and why; and whether or not the
state department made a reasonable effort to prevent the
placement or that the emergency situation made such efforts
unreasonable or impossible;
(6) Upon an adjudication of delinquency pursuant to
subsection (3) or (4), section four, article one of this chapter,
and upon a finding that the
child juvenile is so totally
unmanageable, ungovernable and antisocial that the
child juvenile
is amenable to no treatment or restraint short of incarceration,
commit the
child juvenile to a rehabilitative facility devoted
exclusively to the custody and rehabilitation of
children
juveniles adjudicated delinquent pursuant to said subsection (3) or (4). Commitments shall not exceed the maximum period of one
year with discretion as to discharge to rest with the director of
the institution, who may release the
child juvenile and return
him or her to the court for further disposition. The order shall
state that continuation in the home is contrary to the best
interests of the
child juvenile and why; and whether or not the
state department made a reasonable effort to prevent the
placement or that the emergency situation made such efforts
unreasonable or impossible; or
(7) After a hearing conducted under the procedures set out
in subsections (c) and (d), section four, article five, chapter
twenty-seven of the code, commit the
child juvenile to a mental
health facility in accordance with the child's treatment plan;
the director may release a
child juvenile and return him to the
court for further disposition. The order shall state that
continuation in the home is contrary to the best interests of the
child juvenile and why; and whether or not the state department
made a reasonable effort to prevent the placement or that the
emergency situation made such efforts unreasonable or impossible.
(c) The disposition of the
child juvenile shall not be
affected by the fact that the
child juvenile demanded a trial by jury or made a plea of denial. Any dispositional order is
subject to appeal to the supreme court of appeals.
(d) Following disposition, it shall be inquired of the
respondent whether or not appeal is desired and the response
transcribed; a negative response shall not be construed as a
waiver. The evidence shall be transcribed as soon as practicable
and made available to the
child juvenile or his or her counsel,
if the same is requested for purposes of further proceedings. A
judge may grant a stay of execution pending further proceedings.
(e) Notwithstanding any other provision of this code to the
contrary, in the event a
child juvenile charged with delinquency
under this chapter is transferred to adult jurisdiction and there
tried and convicted, the court may nevertheless, in lieu of
sentencing such person as an adult, make its disposition in
accordance with this section.
(f) Notwithstanding any other provision of law to the
contrary, in the event a child juvenile charged with delinquency
under this chapter is transferred to adult jurisdiction, that
transfer shall be binding and irreversible.
§49-5-13b. Authority of the courts to order fines; revocation of
vehicle privileges and restitution.
(a) In addition to the methods of disposition provided in
section thirteen of this article, the court may enter an order
imposing one or more of the following penalties, conditions and
limitations:
(1) Impose a fine not to exceed
one hundred one thousand
dollars upon such
child juvenile;
(2) Require the
child juvenile to make restitution or
reparation to the aggrieved party or parties for actual damages
or loss caused by the offense for which the
child juvenile was
found to be delinquent
or suffer the revocation of a juvenile's
driver's license, or both, for lesser juvenile offenses;
(3) Require the
child juvenile to participate in a public
service project under such conditions as the court prescribes,
including participation in the litter control program established
pursuant to the authority of section twenty-five, article seven,
chapter twenty of this code;
(4) When the
child juvenile is fifteen years of age or
younger and has been adjudged delinquent, the court may order
that the
child juvenile is not eligible to be issued a junior
probationary operator's license or when the
child juvenile is
between the ages of sixteen and eighteen years and has been adjudged delinquent, the court may order that the
child juvenile
is not eligible to operate a motor vehicle in this state, and any
junior or probationary operator's license shall be surrendered to
the court. Such
child's juvenile's driving privileges shall be
suspended for a period not to exceed two years, and the clerk of
the court shall notify the commissioner of the department of
motor vehicles of
such the order.
(b) Nothing herein stated shall limit the discretion of the
court in disposing of a juvenile case:
Provided, That the
juvenile shall not be denied probation or any other disposition
pursuant to this article because the juvenile is financially
unable to pay a fine or make restitution or reparation:
Provided, however, That all penalties, conditions and limitations
imposed under this section shall be based upon a consideration by
the court of the seriousness of the offense, the
child's
juvenile's ability to pay, and a program of rehabilitation
consistent with the best interests of the
child juvenile.
(c) Notwithstanding any other provisions of this code to the
contrary, in the event a child charged with delinquency under
this chapter is transferred to adult jurisdiction and there
convicted, the court may nevertheless, in lieu of sentencing such person as an adult, make its disposition in accordance with this
section.
§49-5-15. Juvenile probation officers; appointment; salary;
facilities; expenses; duties; powers.
(a) Each circuit court, subject to the approval of the
supreme court of appeals and in accordance with the rules of the
supreme court of appeals, shall appoint one or more juvenile
probation officers and clerical assistants for the circuit. A
probation officer or clerical assistant shall not be related by
consanguinity or affinity to any judge of the appointing court.
The salary for juvenile probation officers and clerical
assistants shall be determined and fixed by the supreme court of
appeals. All expenses and costs incurred by the juvenile
probation officers and their staff shall be paid by the supreme
court of appeals in accordance with its rules. The county
commission of each county shall provide adequate office
facilities for juvenile probation officers and their staff. All
equipment and supplies required by juvenile probation officers
and their staff shall be provided by the supreme court of
appeals.
A juvenile probation officer shall not be considered a law-enforcement official under any provision of this chapter.
(b) The clerk of a court shall notify, if practicable, the
chief probation officer of the county, or his or her designee,
when a
child juvenile is brought before the court or judge. When
notified, or if the probation officer otherwise obtains knowledge
of such fact, he or one of his or her assistants shall:
(1) Make investigation of the case;
(2) Furnish such information and assistance as the court or
judge may require; and
(3) Take charge of the
child juvenile before and after the
trial, as may be directed by the court or judge.
§49-5-16. Committing juveniles to jail and detention facilities;
standards.
(a) A
child under eighteen years of age juvenile as defined
in this article shall not be committed to a jail or police
station,
except that any child over fourteen years of age for a
period longer than one hundred sixty-eight hours, but must be
protected at all times from the potential of physical harm by
adult or other detainees. who has been committed to an
industrial home or correctional institution may be held in the
juvenile department of a jail while awaiting transportation to the institution for a period not to exceed ninety-six hours, and
a child over fourteen years of age who is charged with a crime
which would be a violent felony if committed by an adult, may,
upon an order of the circuit court, be housed in a juvenile
detention portion of a county facility, but not within sight of
adult prisoners Youthful offenders between the ages of eighteen
and twenty years, inclusive, may be housed in the same facility
as adults. A
child juvenile charged with or found to be
delinquent solely under subdivision (3), (4) or (5), section
four, article one of this chapter, shall not be housed in a
detention or other facility wherein persons are detained for
criminal offenses or for delinquency involving offenses which
would be crimes if committed by an adult:
Provided, That a
child
juvenile who is adjudicated delinquent under subsection (5),
section four, article one of this chapter and who has violated an
order of probation or a contempt order arising out of a
proceeding wherein the
child juvenile was adjudicated delinquent
for an offense which would be a crime if committed by an adult
may not be housed in a detention or other facility wherein
persons are detained who have not been adjudicated delinquent for
such offenses.
(b) No
child juvenile who has been convicted of an offense
under the adult jurisdiction of the circuit court shall be held
in custody in a penitentiary of this state:
Provided, That such
child juvenile may be transferred from a secure juvenile facility
to a penitentiary after he
or she shall attain the age of
eighteen years if, in the judgment of the commissioner of the
department of corrections and the court which committed such
child juvenile, such transfer is appropriate.
Provided, however,
That any other provision of this code to the contrary
notwithstanding, prior to such 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
conviction under the adult jurisdiction of the court
§49-5-16a. Rules governing juvenile facilities.
The commissioner of corrections and the commissioner of
welfare human services shall each prescribe written rules
and
regulations subject to the provisions of chapter twenty-nine-a of
this code, outlining policies and procedures governing the
operation of those correctional, detention and other facilities in their respective departments wherein juveniles may be housed.
Said policies and procedures shall include, but shall not be
limited to, standards of cleanliness, temperature and lighting;
availability of medical and dental care; provision of food,
furnishings, clothing and toilet articles; supervision;
procedures for enforcing rules of conduct consistent with due
process of law and visitation privileges. On and after
the first
day of January, one thousand nine hundred
seventy-nine
ninety-five, a
child juvenile in custody or detention shall have,
at a minimum, the following rights, and the policies prescribed
shall ensure that:
(1) A
child juvenile shall not be punished by physical
force, deprivation of nutritious meals, deprivation of family
visits or solitary confinement;
(2) A
child juvenile shall have the opportunity to
participate in physical exercise each day;
(3) Except for sleeping hours a
child juvenile in a state
facility shall not be locked alone in a room unless such
child
juvenile is out of control;
(4) A
child juvenile shall be provided his own clothing or
individualized clothing which is clean, supplied by the facility, and daily access to showers;
(5) A
child juvenile shall have
constant regular access to
writing materials and may send mail
without limitation at
reasonable times, without censorship or prior reading, and may
receive mail without prior reading, except that mail may be
opened in the
child's juvenile's presence, without being read, to
inspect for contraband;
(6) A
child juvenile may make and receive regular local
phone calls without charge and long distance calls to his family
without charge
at least once a week, and receive visitors daily
and on a regular basis;
(7) A
child juvenile shall have
immediate timely access to
medical care as needed;
(8) A
child juvenile in a juvenile detention facility or
state institution shall be provided access to education including
teaching, educational materials and books;
(9) A
child juvenile shall have reasonable access to an
attorney upon request; and
(10) A
child juvenile shall be afforded a grievance
procedure, including an appeal mechanism.
Upon admission to a jail, detention facility or institution, a
child juvenile shall be furnished with a copy of the rights
provided him by virtue of this section and as further prescribed
by rules promulgated pursuant to this section.
§49-5-17. Expungement of records; no discrimination.
(a)
One year Five years after the
child's juvenile's
eighteenth birthday, or
one year five years after personal or
juvenile jurisdiction shall have terminated, whichever is later,
the records of a juvenile proceeding conducted under this
chapter, including law-enforcement files and records,
fingerprints, physical evidence and all other records pertaining
to said proceeding shall be expunged by operation of law:
Provided, That the offense was not for violent or sexual
offenses, or second and more frequent offenses. When records are
expunged, they shall be returned to the court in which the case
was pending and kept in a separate confidential file and not
opened except upon order of the court.
(b) Expungement shall be accomplished by physically marking
the records to show that such records have been expunged, and by
the secure sealing and filing of said records in such a manner
that no one can determine the identity of said juvenile except as
provided in subsection (d) of this section. Expungement shall have the legal effect as if the offense never occurred.
(c) The
child's juvenile's counsel, parent, guardian or
custodian, the court, law-enforcement agencies and other public
and private agencies, in response to a request for record
information, shall reply that juvenile records are not public
records and are available only by order of the circuit court in
which the case was pending.
(d) Notwithstanding this or any other provision of this code
to the contrary, juvenile records and law-enforcement records
shall not be disclosed or made available for inspection, except
that the court may, by written order pursuant to a written
petition, permit disclosure or inspection when:
(1) A court having juvenile jurisdiction has the
child
juvenile before it in a juvenile proceeding;
(2) A court exercising criminal jurisdiction over the
child
juvenile requests such records for the purpose of a presentence
report or other dispositional proceeding;
(3) The
child juvenile or counsel for the
child juvenile
requests disclosure or inspection of such records;
(4) The officials of public institutions to which a
child
juvenile is committed require such records for transfer, parole or discharge considerations; or
(5) A person doing research requests disclosure, on the
condition that information which would identify the
child
juvenile or family involved in the proceeding shall not be
divulged.
(e) No individual, firm, corporation or other entity shall,
on account of a person's prior involvement in a proceeding under
this article, discriminate against any person in access to, terms
of, or conditions of employment, housing, education, credit,
contractual rights or otherwise.
(f) No records of a juvenile convicted under the criminal
jurisdiction of the court pursuant to subdivision
one (1),
subsection (d), section ten of this article shall be expunged.
(g) Any person who willfully violates this section shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be
fined not more than one thousand dollars, or confined in jail not
more than six months, or both such fine and imprisonment, and
shall be liable for damages in the amount of three hundred
dollars or actual damages, whichever is greater.
§49-5-18. After-care plans; submission to the court; comments
to be submitted; hearing on the plan and
adoption thereof.
(a) Forty-five days prior to the discharge of a
child
juvenile from any institution or facility pursuant to subdivision
five (5), six (6) or
seven (7), subsection (b), section thirteen
of this article, the director of such institution or facility
shall may have prepared and
shall forward forwarded to the
committing court a copy of the
child's juvenile's proposed
after-care plan. Copies of the plan,
if prepared, shall also be
sent to: (1) The
child's juvenile's parents, if any, or legal
guardian if the
child juvenile is not living with his parents,
(2) the
child's juvenile's lawyer, (3) the
child's juvenile's
probation officer or community mental health center professional,
and (4) the prosecuting attorney of the county in which the
original commitment proceedings were held.
(b) The after-care plan shall contain a detailed description
of the training, schooling, counseling and treatment received
while at the institution or facility and the same proposed for
the
child juvenile upon his discharge. The plan shall describe
any problems the
child juvenile may have, the source of those
problems and describe how those problems will be addressed by the
after-care plan. Attached to the plan shall be a list of the persons who are to receive copies of this plan.
(c) Within twenty-one days of the receipt of the plan, the
child's juvenile's probation officer or community mental health
center professional shall, and any other person who received a
copy of the plan pursuant to subsection (a) of this section may,
submit written comments concerning the plan to the court:
Provided, That if any person does submit comments upon the plan,
he shall also send copies of those comments to every other person
who received a copy of the plan pursuant to subsection (a) of
this section from the director.
(d) Within the twenty-one days provided in subsection (c) of
this section it shall be the responsibility and duty of the
child's juvenile's probation officer or the community mental
health center professional who receives a copy of the after-care
plan to contact all other persons, organizations and agencies to
be involved in executing the plan and to determine whether such
persons, organizations and agencies are capable of and will be
adequately prepared to execute the provisions of the plan:
Provided, That if a hearing is held to discuss the plan as
provided in subsection (e) of this section, representatives of
such persons, organizations or agencies may be required to appear unless excused by the court.
(e) The judge to whom the plan was sent shall within
forty-five days of receipt of the plan schedule and hold a
hearing to consider the plan, including any comments or
objections submitted in response thereto:
Provided, That if no
adverse comments or objections are submitted, a hearing need not
be held. The court shall consider the after-care plan as
submitted and shall within five days of the hearing or within
forty-five days of the receipt of the plan if no hearing is held
issue an order which adopts the plan as submitted or as modified
in response to comments and objections:
Provided, however, That
the plan as adopted by order of the court shall be in the best
interests of the
child juvenile and be in conformity with the
state's interest in youth as embodied in subsection (b), section
thirteen of this article:
Provided further, That the court shall
appoint either the
child's juvenile's probation officer or a
community health center professional to act as supervisor of the
plan, which supervisor shall make a report commenting on the
progress of the
child juvenile to the court every sixty days or
until the court shall determine that no such report is necessary
or that after-care is no longer needed.
ARTICLE 5A. JUVENILE REFEREE SYSTEM.
§49-5A-2. Investigation and release of juvenile taken into
custody; detention hearings.
A
child juvenile who has been arrested or who under color of
law is taken into the custody of any officer or employee of the
state or any political subdivision thereof shall be forthwith
afforded a hearing to ascertain if such
child juvenile shall be
further detained. In connection with any such hearing, the
provisions of article five of this chapter shall apply. It shall
be the duty of the judge or referee to avoid incarceration of
such
child juvenile in any jail,
but rapid release of juvenile
suspects is hereby discouraged. Unless the circumstances of the
case otherwise require, taking into account the welfare of the
child juvenile as well as the interest of society, such
child
juvenile shall be released forthwith into the custody of his
parent or parents, relative, custodian or other responsible adult
or agency.
§49-5A-6. Assistance of department of human services.
With the approval of the commissioner of
welfare human
services the department of
welfare human services is authorized
to assign the necessary personnel and provide adequate space for
the support and operation of any facility not a jail providing for the detention of
children juveniles as provided in this
article, subject to and not inconsistent with the appropriation
and availability of funds.
ARTICLE 5B. WEST VIRGINIA JUVENILE OFFENDER REHABILITATION ACT.
§49-5B-4. Responsibilities of the department of health and human
resources.
(a) The department of health and human resources is
empowered to establish, and shall establish, subject to the
limits of funds available or otherwise appropriated therefor,
programs and services designed to prevent juvenile delinquency,
to divert juveniles from the juvenile justice system, to provide
community-based alternatives to juvenile detention and
correctional facilities and to encourage a diversity of
alternatives within the juvenile justice system. The
development, maintenance and expansion of programs and services
may include, but not be limited to, the following:
(1) Community-based programs and services for the prevention
and treatment of juvenile delinquency through the development of
foster-care and shelter-care homes, group homes, halfway houses,
homemaker and home health services, twenty-four hour intake
screening, volunteer and crisis home programs, day treatment and any other designated community-based diagnostic, treatment or
rehabilitative service;
(2) Community-based programs and services to work with
parents and other family members to maintain and strengthen the
family unit so that the juvenile may be retained in his home;
(3) Youth service bureaus and other community-based programs
to divert youth from the juvenile court or to support, counsel,
or provide work and recreational opportunities for delinquents
and other youth to help prevent delinquency;
(4) Projects designed to develop and implement programs
stressing advocacy activities aimed at improving services for
and protecting rights of youth impacted by the juvenile justice
system;
(5) Educational programs or supportive services designed to
keep delinquents, and to encourage other youth to remain, in
elementary and secondary schools or in alternative learning
situations;
(6) Expanded use of professional and paraprofessional
personnel and volunteers to work effectively with youth;
(7) Youth initiated programs and outreach programs designed
to assist youth who otherwise would not be reached by traditional
youth assistance programs.
(8) A statewide program designed to reduce the number of
commitments of juveniles to any form of juvenile facility as a
percentage of the state juvenile population, to increase the use
of nonsecure community-based facilities as a percentage of total
commitments to juvenile facilities and to discourage the use of
secure incarceration and detention.
(b) The department of health and human resources shall
establish, within the funds available, an individualized program
of rehabilitation for each accused juvenile offender referred to
the department after being allowed an improvement period by the
juvenile court, and for each adjudicated juvenile offender who,
after adjudication, is referred to the department for
investigation or treatment or whose custody is vested in the
department.
Such The individualized program of rehabilitation
shall take into account the programs and services to be provided
by other public or private agencies or personnel which are available in the community to deal with the circumstances of the
particular
child juvenile. Such individualized program of
rehabilitation shall be furnished to the juvenile court and shall
be available to counsel for the child; it may be modified from
time to time at the direction of the department or by order of
the juvenile court. The department may develop an individualized
program of rehabilitation for any child referred for noncustodial
counseling under section five, article three of this chapter, for
any child receiving counsel and advice under section three-a,
article five of this chapter, or for any other child upon the
request of a public or private agency.
(c) The department of health and human resources is
authorized to enter into cooperative arrangements and agreements
with private agencies or with agencies of the state and its
political subdivisions to effectuate the purpose of this article.
§49-5B-5. Rehabilitative facilities for status offenders.
(a) The department of
welfare human services shall, within
the limits of state and federal funds appropriated therefor,
establish and maintain one or more rehabilitative facilities to be used exclusively for the lawful custody of status offenders.
Each
such facility shall be, primarily, a nonsecure facility
having as its primary purpose the rehabilitation of adjudicated
juvenile offenders who are status offenders. Such facility
shall
not have a bed capacity for more than twenty children, and shall
minimize the institutional atmosphere and prepare the
child
juvenile for reintegration into the community:
Provided, That
such facility may function as a temporary residential facility
for accused juvenile offenders when the juvenile is a status
offender and no final adjudication has been made by the juvenile
court:
Provided, however, That a portion of
such the facility
may be designed and operated as a secure facility used
exclusively for status offenders whom the juvenile court has
specifically found to be so unmanageable, ungovernable and
antisocial that no other reasonable alternative exists, or could
exist, for treatment or restraint other than placement in a
secure facility. Temporary residents of the facility shall only
be placed in the secure portion of the facility by order of the
juvenile court upon a specific finding by the court that the
child juvenile is likely to injure himself or others or to run
away if placed in a less restrictive environment:
Provided
further, That unless the court order committing the
child
juvenile specifically orders that the
child juvenile not be
removed from the secure portion of the facility, the person
having control of the facility shall have the authority to permit
any temporary resident to remain in the nonsecure portions of the
facility if
such the temporary resident demonstrates a
willingness to remain at the facility voluntarily and to conform
his or her conduct to the lawful requirements established for
residents of the nonsecure portions of the facility.
(b) Within the funds available, rehabilitative programs and
services shall be provided by or through each such facility and
may include, but not be limited to, medical, educational,
vocational, social and psychological guidance, training,
counseling, alcoholism treatment, drug treatment and other
rehabilitative services. The department of
welfare human
services shall provide to each
child juvenile adjudicated
delinquent and committed to the facility a program of treatment and services consistent with the individualized program of
rehabilitation developed for
such child the juvenile. In the
case of any other
child juvenile residing at the facility, the
department shall provide
such programs and services as may be
proper in the circumstances including, but not limited to, any
such programs or services directed to be provided by the court.
(c) The board of education of the county in which the
facility is located shall provide instruction for
children
juveniles residing at the facility. Residents who can be
permitted to do so shall attend local schools, and instruction
shall otherwise take place at the facility.
(d) Facilities established pursuant to this section shall be
structured so as to be or become community-based facilities.
ARTICLE 5C. LEGISLATIVE COMMISSION ON JUVENILE LAW.
§49-5C-3. Appointment of members; terms.
The commission shall consist of:
(1) Three members of the Senate to be appointed by the
president of the Senate and three members of the House of
Delegates to be appointed by the speaker of the House of Delegates:
Provided, That at least one person appointed from
each house shall be an attorney licensed to practice law in this
state. No more than two of the three members appointed by the
president of the Senate and the speaker of the House of
Delegates, respectively, shall be members of the same political
party.
(2) A representative of the department of education
designated by the state superintendent of schools.
(3) The commissioner of corrections and two administrators
of the department of health and human resources designated by the
secretary of that department who shall serve as ex officio
members.
(4) Two persons trained and employed as school guidance
counselors, one to be appointed by the president of the Senate
and one to be appointed by the speaker of the House of Delegates.
(5) One citizen member to represent the interests of the
general public, to be appointed jointly by the president of the
Senate and by the speaker of the House of Delegates.
(6) Two law-enforcement officers, one to be appointed by the president of the Senate and one to be appointed by the speaker of
the House of Delegates.
The first appointed members of the commission shall serve
for a term expiring on the thirtieth day of June in the year of
the next succeeding regular session of the Legislature. At the
commencement of
such the next succeeding regular session and at
the commencement of regular sessions every two years thereafter,
members of the commission shall be appointed for two-year terms
beginning the first day of July in the year of each such regular
session. Vacancies on the commission shall be filled for
unexpired terms in the same manner as appointments to the
commission.
NOTE: The purpose of this bill is to revise the youthful
offenders and juvenile proceedings; it defines labor activities
and wages for youthful offenders; it redefines "child" and
"juvenile"; the bill permits trial of juvenile offenders as
adults in all courts; authorizes appointment of juvenile
probation officers who are also law-enforcement officers;
authorizes detention of juveniles in same facilities as adults;
provides for the placing of juveniles in adult correction
facilities upon reaching the age of 18, if serving a stay in a
youthful offenders institution; and the bill generally revises
proceedings for youthful or juvenile offenders and the criminal
penalties applicable thereto.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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