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2004 SESSION

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HB 1146 Juvenile court cases; appeals.

Introduced by: Robert F. McDonnell | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Appeals of juvenile court decisions. Requires the circuit court, when practicable, to review the appeal of a juvenile court's transfer decision within 45 days after transfer from the juvenile court. The bill also requires the circuit court, when practicable, to hold a hearing on the merits of any appeal of a juvenile court finding of delinquency or disposition within 45 days of its filing, if the juvenile is in a secure facility pending appeal. A juvenile who has been held continuously in secure detention pending appeal is to be released if there is no hearing on the merits of his case within 45 days; however, the court may extend the time limit for good cause shown as documented in the case record.

SUMMARY AS PASSED HOUSE:

Appeals of juvenile court decisions. Requires the circuit court to hold a hearing on the merits of any appeal of a finding of delinquency or the disposition within 45 days of its filing, if the juvenile is in a secure facility pending appeal. Those limitations are tolled for any period of escape, and the court may extend the time limit for good cause shown as documented in the case record. If either the juvenile or the attorney for the Commonwealth has appealed a transfer decision, the circuit court must hear the appeal within 45 days after receiving the case from the juvenile court.

SUMMARY AS INTRODUCED:

Appeals of juvenile court decisions. Requires the circuit court to hold a hearing on the merits of any appeal of a finding of delinquency or the disposition within 30 days of its filing, if the juvenile is in a secure facility pending appeal. Those limitations are tolled for any period of escape, and the court may extend the time limit for good cause shown as documented in the case record. If either the juvenile or the attorney for the Commonwealth has appealed a transfer decision, the circuit court must hear the appeal within 30 days after receiving the case from the juvenile court.