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2005 SESSION

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HB 2409 Juveniles; appointment of counsel for detention hearings.

Introduced by: Ryan T. McDougle | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Juvenile detention; appointment of attorney.  Repeals House Bill 600 enacted during the 2004 Session of the General Assembly and scheduled to become effective July 1, 2005, that required the appointment of an attorney for a child prior to an initial detention hearing unless an attorney had been retained and appeared on behalf of the child; and provided for payment for such court-appointed attorney. The 2004 bill also required that the child's attorney be notified of the detention hearing and any rehearing and specified that the attorney be given the opportunity to be heard at the detention hearing. The 2004 bill also added requirements that in order for there to be a rehearing the parent must make a written request and state that he is willing and available to supervise the child upon release from detention and will return the child to court for all scheduled proceedings. Further amendments provided that, if it is determined that the child is not indigent, the parents must pay the costs of the attorney and that a child who is alleged to have committed an offense that could lead to commitment to a juvenile correctional center may waive his right to an attorney only after he consults with an attorney.


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