Senate Bill No. 725
(By Senators Wooton, Craigo, Jackson,
Walker, White, Buckalew and Scott)
____________
[Introduced February 23, 1998; 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; and to amend and reenact sections
one, two, three, seven, nine, eleven-a, thirteen, thirteen- a, thirteen-b and thirteen-d of said article, all relating
to juvenile proceedings generally; defining terms; providing
that a juvenile petition may request adjudication for a
status offense; authorizing interested officials other than
the court and the department of health and human resources
to seek an order for noncustodial counseling; authorizing
the court to order a juvenile's parent, guardian or
custodian to participate in same; providing that informal
adjustment periods may not be extended for more than six
months; providing that alleged and adjudicated status
offenders may not be placed in a secure facility; providing that adjudicated status offenders may be placed in staff
secure and nonsecure facilities; providing adjudicated
status offenders a right of appeal; amending obsolete
references; repealing obsolete provisions relating to a plan
for the predisposition of juveniles; and providing for a
teen court program as an alternative proceeding for
juveniles accused of delinquency or status offenses.
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as amended, be repealed; and that sections one, two, three,
seven, nine, eleven-a, thirteen, thirteen-a, thirteen-b and
thirteen-d of said article be amended and reenacted, all to read
as follows:
ARTICLE 5. JUVENILE PROCEEDINGS.
§49-5-1. Definitions.
As used in this article:
(a)
As used in this article, the term "Adult" means a
person who is at least eighteen years of age.
(b)
As used in this article, the term "Child" means a
person who has not attained the age of eighteen years, or a
person who is otherwise subject to the juvenile jurisdiction of
a court pursuant to this article.
(c)
As used in this article, the term "Extrajudicial statement" means any utterance, written or oral, which was made
outside of court.
(d)
As used in this article, the term "Juvenile"
shall have
has the same meaning as the term "child."
(e)
As used in this article, the term "Res gestae" means a
spontaneous declaration made by a person immediately after an
event and before the person has had an opportunity to conjure a
falsehood.
(f)
As used in this article, the term "Violation of a
traffic law of West Virginia" means a violation of any provision
of chapters seventeen-a, seventeen-b, seventeen-c or seventeen-d
of this code except a violation of
chapter seventeen-c, article
four, sections one and two,
article four, chapter seventeen-c
(hit and run) or of
chapter seventeen-c, article five, sections
one (negligent homicide), two (driving under the influence of
alcohol, controlled substances or drugs) or three (reckless
driving) section one, article five of said chapter (negligent
homicide), section two of said article (driving under the
influence of alcohol, controlled substances or drugs) or section
three of said article (reckless driving).
§49-5-2. Juvenile jurisdiction of circuit courts, magistrate
courts and municipal courts; constitutional
guarantees; hearings; evidence and transcripts.
(a) The circuit court
shall have has original jurisdiction
of proceedings brought under this article.
(b) If during a criminal proceeding in any court it is
ascertained or appears that the defendant 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. The
circuit court shall assume jurisdiction of the case in the same
manner as cases which are originally instituted in the circuit
court by petition.
(c) Notwithstanding any other provision of this article,
magistrate courts
shall have concurrent juvenile jurisdiction
with the circuit court for a violation of a traffic law of West
Virginia or for any violation of chapter twenty of this code.
Juveniles
shall be are liable for punishment for violations of
such these laws in the same manner as adults except that
magistrate courts
shall have no jurisdiction to impose a sentence
of incarceration for the violation of
such these laws.
(d) Notwithstanding any other provision of this article,
municipal courts
shall have concurrent juvenile jurisdiction with
the circuit court for a violation of any municipal ordinance
regulating traffic or for any municipal curfew ordinance which is
enforceable. Municipal courts may impose the same punishment for
such these violations as a circuit court exercising its juvenile jurisdiction could properly impose, except that municipal courts
shall have no jurisdiction to impose a sentence of incarceration
for the violation of
such these laws.
(e) A juvenile may be brought before the circuit court for
proceedings under this article only by the following means:
(1) By a juvenile petition requesting that the juvenile be
adjudged
a status offender, neglected or delinquent;
(2) By certification or transfer to the juvenile
jurisdiction of the circuit court from the criminal jurisdiction
of the circuit court, from any foreign court, or from any
magistrate court or municipal court in West Virginia; or
(3) By a warrant, capias or attachment which charges a
juvenile with
a status offense or an act of delinquency, is
issued by a judge, referee or magistrate, and is returnable to
the circuit court.
(f) If a juvenile commits an act which would be a crime if
committed by an adult, and the juvenile is adjudged
a delinquent
for
such that act, the jurisdiction of the court which adjudged
the juvenile
a delinquent
shall continue continues until the
juvenile becomes twenty-one years of age. The court
shall have
has the same power over
the that person that it had before he or
she became an adult, and
shall have has the further power to
sentence
the that person to a term of incarceration:
which
cannot Provided, That any such term of incarceration may not exceed six months. This authority
shall not does not preclude
the court from exercising criminal jurisdiction over the person
if he or she violates the law after becoming an adult or if the
proceedings have been transferred to the court's criminal
jurisdiction pursuant to section ten of this article.
(g) A juvenile
shall be is entitled to be admitted to bail
or recognizance in the same manner as an adult and
shall have has
the protection guaranteed by Article III of the West Virginia
Constitution.
(h) A juvenile
shall have has the right to be effectively
represented by counsel at all stages of proceedings under the
provisions of this article. If the juvenile or the juvenile's
parents or custodian executes an affidavit showing that the
juvenile cannot afford an attorney, the court shall appoint an
attorney, who
will shall be paid in accordance with article
twenty-one, chapter twenty-nine of this code.
(i) In all proceedings under this article, the juvenile
shall
have be afforded a meaningful opportunity to be heard.
This includes the opportunity to testify and to present and
cross-examine witnesses. The general public shall be excluded
from all
such proceedings
under this article except
that persons
whose presence is requested by the parties and other persons whom
the circuit court determines have a legitimate interest in the
proceedings
may attend.
(j) At all adjudicatory hearings held under this article,
all procedural rights afforded to adults in criminal proceedings
shall be
applicable afforded the juvenile unless specifically
provided otherwise in this chapter.
(k) At all adjudicatory hearings held under this article,
the rules of evidence applicable in criminal cases
shall apply,
including the rule against written reports based upon hearsay.
(l)
Except for res gestae, extrajudicial statements
other
than res gestae, which were made by a juvenile
under who has not
attained fourteen years of age to law-enforcement officials or
while in custody
shall not be are not admissible unless
such
those statements were made in the presence of the juvenile's
counsel.
Except for res gestae, extrajudicial statements
other
than res gestae, which were made by a juvenile who
is under has
not attained sixteen years of age but
above the age of who is at
least thirteen
years of age to law-enforcement officers or while
in custody,
shall not be are not admissible unless made in the
presence of the juvenile's counsel or made in the presence of,
and with the consent of, the juvenile's parent or custodian,
who
and the parent or custodian has been fully informed regarding the
juvenile's right to a prompt detention hearing, the juvenile's
right to counsel, including appointed counsel if the juvenile
cannot afford counsel, and the juvenile's privilege against self- incrimination.
(m) A transcript or recording shall be made of all transfer,
adjudicatory and dispositional hearings. At the conclusion of
any hearing each of these hearings, the circuit court shall make
findings of fact and conclusions of law, both of which shall
appear on the record. The court reporter shall furnish a
transcript of the proceedings at no charge to any indigent
juvenile who seeks review of any proceeding under this article if
an affidavit is filed stating that neither the juvenile nor the
juvenile's parents or custodian have the ability to pay for the
transcript.
§49-5-3. Noncustodial counseling of a child.
The court at any time, or the department or other official
upon a request from a parent, guardian, or custodian, may,
without institution of proceedings under this article, refer a
juvenile alleged to be delinquent or a status offender to a
counselor at the department or a community mental health center,
or other professional counselor in the community. In the event
the juvenile refuses to respond to such
reference referral, the
court, the department
or other interested official may serve a
notice by first-class mail or personal service of process upon
the juvenile, setting forth the facts and stating that the
department will seek a noncustodial order
will be sought from the
court directing the 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
a hearing may direct the juvenile to
participate in a noncustodial period of counseling
that may not
to exceed six months. Upon recommendation of the department
or
other interested official or upon the request of the juvenile's
parent, custodian or guardian, and with the consent of the
juvenile's parent, custodian, or guardian, the court or referee
may
also allow
or require the
participation of such parent,
custodian, or guardian
to participate in
said this counseling.
No information obtained as the result of
such this counseling
shall be is admissible in a subsequent proceeding under this
article.
§49-5-7. Institution of proceedings by petition; notice to
child and parents; subpoena.
(a) A petition alleging that a child is a
status offender or
delinquent
child may be filed by a person who has knowledge of or
information concerning the facts alleged. The petition shall be
verified by the petitioner, shall set forth the name and address
of the child's parents, guardians or custodians known to the
petitioner unless the petitioner is the natural parent, guardian
or custodian and shall be filed in the circuit court in the
county where the alleged
status offense or act of delinquency
occurred:
Provided, That any proceeding under this chapter may
be removed, for good cause shown, in accordance with the
provisions of section one, article nine, chapter fifty-six of this code. The court may refer the matter to a state department
worker or probation officer for preliminary inquiry to determine
whether the matter can be resolved informally without the filing
of a petition. The petition shall contain specific allegations
of the conduct and facts upon which the petition is based,
including the approximate time and place of the alleged conduct;
a statement of the right to have counsel appointed and consult
with counsel at every stage of the proceedings; and the relief
sought.
Upon the filing of the petition, the court shall set a time
and place for a preliminary hearing as provided in section nine
of this article and may appoint counsel. A copy of the petition
and summons may be served upon the respondent child by first
class mail or personal service of process. If a child does not
appear in response to a summons served by mail, no further
proceeding may be held until the child is served a copy of the
petition and summons by personal service of process. If such a
child fails to appear in response to a summons served in person
upon him
or her an order of arrest may be issued by the court for
that reason alone.
(b) The parents, guardians or custodians shall be named in
the petition as respondents, and shall be served with notice of
the proceedings in the same manner as provided in subsection (a)
of this section for service upon the child and required to appear with the child at the time and place set for the proceedings
unless such respondent cannot be found after diligent search. If
any such respondent cannot be found after diligent search, the
court may proceed without further requirement of notice:
Provided, That the court may order service by first class mail to
the last known address of such respondent. The respondent shall
have fifteen days after the date of mailing to appear or answer.
(c) The court or referee may order the issuance of a
subpoena against the person having custody and control of the
child to bring the child before the court or referee.
(d) When any case of a child charged with the commission of
a crime is certified or transferred to the circuit court or
brought before the court by warrant pursuant to section two of
this article, the court or referee shall forthwith cause the
child and his
or her parents, guardians or custodians to be
served with a petition, as provided in subsections (a) and (b) of
this section. In the event the child is in custody the petition
shall be served upon the child within ninety-six hours of the
time custody began, or the child shall be released from custody
forthwith.
(e) The clerk of the court shall promptly notify the state
department of all proceedings under this article.
§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 juvenile is in
custody, such hearing shall be held within ten days of the time
the juvenile is taken into custody unless good cause
be is shown
for a continuance. If no preliminary hearing is held within ten
days of the time the juvenile is taken into custody, the 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 that other
county. The preliminary hearing may be waived by the juvenile,
upon advice of his
or her counsel. At the hearing, the court or
referee shall:
(1) If the juvenile is not represented by counsel, inform
the juvenile and his
or her parents, guardian or custodian or any
other person standing in loco parentis to him
or her of the
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 juvenile is a status offender or a juvenile
delinquent. If probable cause is not found, the juvenile, if in detention, shall be released and the proceedings dismissed. If
probable cause is found, the case shall proceed to adjudication.
At
the this hearing or as soon thereafter as is practicable, the
date for the adjudicatory hearing shall be set to give the
juvenile
and the juvenile's parents and attorney at least ten
days' notice, unless notice is waived by all parties.
(4) In lieu of placing the juvenile in a detention facility
when bond is not provided, the court may place the juvenile in
the temporary custody of the department pursuant to section
sixteen, article two of this chapter or may place the juvenile,
if the juvenile is
an alleged
to be delinquent, in the custody of
a probation officer.
If the 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 is
shown by either party or, if a jury trial
be is demanded, no
longer than the next regular term of said court.
(5) Inform the juvenile of the right to demand a jury trial.
(b) The juvenile may move to be allowed an improvement
period for a period not to exceed one year. If the court is
satisfied that the best interest of the 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 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 may not be construed as an
admission or be used as evidence.
(c) In no case may a juvenile who is alleged to be a status
offender or who has been adjudicated a status offender be placed
in a secure facility.
§49-5-11a. Disposition of status offenders: Intervention and
services by state department; enforcement;
detention; out-of-home placement; state department
custody; least restrictive alternative; appeal.
(a) Services
for status offenders provided by the department
for juveniles adjudicated as status offenders shall be consistent
with the provisions of article five-b of this chapter and shall
be designed to develop skills and supports within families and to
resolve problems related to the juveniles or conflicts within
their families. Services may include, but are not limited to,
referral of juveniles and parents, guardians, or custodians and
other family members to services for psychiatric or other medical
care, or psychological, welfare, legal, educational, or other
social services,
or referral to the teen court program, as
provided in section thirteen-d of this article, as appropriate to the needs of the juveniles and the family:
Provided, That no
juvenile adjudicated as a status offender may be placed in a
secure facility: Provided, however, That a juvenile adjudicated
as a status offender may be placed in a nonsecure or staff-secure
facility.
(b) If necessary, the department may petition the circuit
court:
(1) For a valid court order, as defined in section four,
article one of this chapter, to enforce compliance with a service
plan or to restrain actions that interfere with or defeat a
service plan; or
(2) For a valid court order to place a juvenile out-of-home
in a nonsecure or staff-secure setting, and/or to place a
juvenile in custody of the department.
(c) The court
shall not be is not limited to the relief
sought in the department's petition and shall make every effort
to place juveniles in community based facilities which are the
least restrictive alternatives appropriate to the needs of the
juvenile and the community.
(d) The disposition of the juvenile shall not be affected by
the fact that the child demanded a trial by jury or made a plea
of denial. Any dispositional order is subject to appeal to the
supreme court of appeals.
(e) Following disposition, the court shall inquire of the juvenile whether or not appeal is desired and the response shall
be transcribed; a negative response may not be construed as a
waiver. The evidence shall be transcribed as soon as practicable
and made available to the juvenile or his or her counsel, if it
is requested for purposes of further proceedings. A judge may
grant a stay of execution pending further proceedings.
§49-5-13. Disposition of juvenile delinquents; appeal.
(a) In aid of disposition of juvenile delinquents, the
juvenile probation officer assigned to the court shall, upon
request of the court, make an investigation of the environment of
the juvenile and the alternative dispositions possible. The
court, upon its own motion, or upon request of counsel, may order
a psychological examination of the 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 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, in electing from the
following alternatives, consider the best interests of the
juvenile and the welfare of the public:
(1) Dismiss the petition;
(2) Refer the juvenile and the juvenile's parent or
custodian to a community agency for needed assistance and dismiss
the petition;
(3) Upon a finding that the juvenile is in need of
extra-parental supervision: (A) Place the juvenile under the
supervision of a probation officer of the court or of the court
of the county where the juvenile has his or her usual place of
abode or other person while leaving the juvenile in custody of
his or her parent or custodian; and (B) prescribe a program of
treatment or therapy or limit the juvenile's activities under
terms which are reasonable and within the child's ability to
perform, including participation in the litter control program
established pursuant to section twenty-five, article seven,
chapter twenty of this code, or other appropriate programs of
community service;
(4) Upon a finding that a parent or custodian is not willing
or able to take custody of the juvenile, that a juvenile is not
willing to reside in the custody of his
or her parent or
custodian, or that a parent or custodian cannot provide the
necessary supervision and care of the juvenile, the court may
place the juvenile in temporary foster care or temporarily commit
the juvenile to the department, the division of juvenile services
or a child welfare agency. The court order shall state that continuation in the home is contrary to the best interest of the
juvenile and why; and whether or not the 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
division of human
services department of health and human resources, 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 the best interests of the juvenile
or the welfare of the public require it, and upon an adjudication
of delinquency pursuant to subdivision (1), section four, article
one of this chapter, the court may commit the juvenile to an
industrial home, correctional institution for juveniles, or other
appropriate facility for the treatment, instruction and
rehabilitation of juveniles:
Provided, That the court maintains
discretion to consider alternative sentencing arrangements.
Commitments shall not exceed the maximum term for which an adult
could have been sentenced for the same offense. The order shall
state that continuation in the home is contrary to the best
interests of the 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
(6) After a hearing conducted under the procedures set out
in subsections (c) and (d), section four, article five, chapter
twenty-seven of this code, commit the juvenile to a mental health
facility in accordance with the juvenile's treatment plan; the
director may release a 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
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 juvenile
shall may not be
affected by the fact that the 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 the court
shall inquire of the respondent whether or not appeal is desired
and the response
shall be transcribed; a negative response
shall
may not be construed as a waiver. The evidence shall be
transcribed as soon as practicable and made available to the
juvenile or his or her counsel, if
the same it 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, if a juvenile charged with delinquency under this
chapter is transferred to adult jurisdiction and there tried and
convicted, the court may make its disposition in accordance with
this section in lieu of sentencing
such that person as an adult.
§49-5-13a. Examination, diagnosis and classification; period of
custody.
After
adjudication a juvenile is adjudicated delinquent and
as
a part of the dispositional proceeding, the court, upon its
own motion, or upon request of counsel, may order the
child
juvenile to be delivered into the custody of the
commissioner of
corrections director of the division of juvenile services, who
shall cause
such child the juvenile to be forthwith transferred
to a juvenile diagnostic center for a period not to exceed thirty
days. During
such this period,
such child the juvenile shall
undergo examination, diagnosis, classification, and a complete
medical examination and shall at all times be kept in an area
wholly segregated from the general juvenile inmate population in
the custody of the
commissioner of corrections director of the
division of juvenile services. Not later than thirty days after
commitment pursuant to this section,
such the juvenile shall be
remanded and delivered to the custody of the juvenile probation
officer of the county wherein the child was adjudicated
delinquent or to the custody of
such any other person
as that the
court
shall direct by its order
directs. Within ten days following the termination of
such the examination, diagnosis and
classification, the
commissioner of corrections director of the
division of juvenile services shall make or cause to be made a
report to the court containing the results, findings, conclusions
and recommendations of the
commissioner director with respect to
such child that juvenile.
§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
and section eleven-a 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 dollars upon
such child;
(2) Require the child to make restitution or reparation to
the aggrieved party or parties for actual damages or loss caused
by the offense for which the child was found to be delinquent, or
if the child does not make full restitution, require the
custodial parent or parents, as defined in section two, article
seven-a, chapter fifty-five, of the child to make partial or full
restitution to the victim to the extent the child fails to make
full restitution;
(3) Require the child 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 is fifteen years of age or younger and
has been adjudged delinquent, the court may order that the child
is not eligible to be issued a junior probationary operator's
license or when the child is between the ages of sixteen and
eighteen years and has been adjudged delinquent, the court may
order that the child 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 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 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 ability
to pay, and a program of rehabilitation consistent with the best
interests of the child.
(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.
§49-5-13d. Teen court program.
(a) Any
child juvenile who
has is alleged to have committed
a status offense or an act of delinquency which
would not be a
criminal offense would be a misdemeanor if committed by an adult,
and who is otherwise subject to the provisions of this article
shall may be given the option of
choosing disposition proceeding
in a teen court program as an alternative to
petition under
section seven of this article or proceeding to a disposition
as
provided by
section eleven-a or section thirteen of this article,
as the case may be. The decision to enter the teen court
program as an alternative
disposition procedure shall be made
jointly by the circuit court, juvenile probation officer,
the
department and parent, guardian or custodian of the child. The
circuit court shall find, prior to admission into the program,
that the offender is a suitable candidate for the program. Any
child 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
disposition further proceedings provided by
section eleven-a or section thirteen of
this article,
as the case may be.
(b) The teen court program shall be administered by the
governor's committee on crime and delinquency.
(c) The following provisions shall 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 shall serve on a voluntary basis.
Bar members shall be offered continuing legal education credit
for such service.
(2) Any child 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
ten seven through twelve
of high schools within the county shall be selected to serve as
defense attorney, prosecuting attorney, court clerk and bailiff
for each proceeding.
(4) Disposition in a teen court proceeding shall consist of
requiring the child 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 which are consistent with the purposes of this
article. The performance of the child shall be monitored by the
county juvenile probation system. The child shall also perform
two sessions of teen court jury service, and, if deemed
appropriate by the judge, the child shall 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.
(d) 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 such rules shall be provided to every
teen court participant.
(e) Teen court programs are pilot projects to be utilized
from the effective date of this section until the first day of
July, one thousand nine hundred ninety-eight, in the circuit
courts in three of the counties of this state. The supreme court
of appeals is to determine the counties in which the pilot
projects will be utilized based upon its determination of those
counties which have recently experienced the most significant
increases in the commission of criminal and status offenses by
children.
NOTE: The purpose of this bill is to make technical
corrections, distinguish delinquency from status offenses but
provide that both of these types of juvenile proceedings may be
initiated by a petition, reauthorize and expand the teen court
program, clarify that status offenders may not be placed in
secure facilities, eliminate obsolete references and provisions
and make other changes consistent with federal law.
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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