Senate Bill No. 669
(By Senators Kessler, Foster, Prezioso and Plymale)
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[Introduced February 22, 2010; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §49-5-13d of the Code of West Virginia,
1931, as amended, relating to allowing municipalities to
operate teen courts.
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
or municipality 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
or in the case of a municipal ordinance or
offense over which municipal courts have concurrent jurisdiction, 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
or
municipal 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
or municipal 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
or teen 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
or municipality 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. Municipal courts may
assess a fee pursuant to the provisions of this section upon
authorization by the city council of
said the municipality.
Assessments collected by the clerk of the court pursuant to this
subsection shall be deposited into an account specifically for the
operation and administration of a teen court program. The clerk of
the court of conviction shall collect the fees established in this
subsection and shall remit the fees to the teen court program.
Any mandatory fee established by a county commission or city
council in accordance with the provisions of this subsection shall
be paid by the defendant on a judgment of guilty or a plea of nolo
contendere for each violation committed in the county or
municipality of any felony, misdemeanor or any local ordinance,
including traffic violations and moving violations but excluding
municipal parking ordinances.
Municipalities operating teen courts
are authorized to use fees collected in municipal court pursuant to
this subsection for operation in their municipality.
NOTE: The purpose of this bill is to allow municipalities to
operate teen courts.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.