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SB 40 Juveniles; dispositional alternatives, boot camps.

Introduced by: Thomas K. Norment, Jr. | all patrons    ...    notes | add to my profiles


Juveniles; dispositional alternatives. Specifies factors the judicial officer is to consider when making a determination whether to release a juvenile charged with a felony or Class 1 misdemeanor. Magistrates are given the authority to issue warrants if court is closed or neither the judge nor the intake office is physically present. If a warrant is issued and the statutory criteria for detention (felony, Class 1 misdemeanor, fugitive) are met, the magistrate may issue a detention order. Under current law, a magistrate may issue a warrant only if the criteria for detention or shelter care are met, court is not open and the judge or intake officer could not be reached or could not arrive at the courthouse within one hour. Additional training for magistrates is required.

The Department of Youth and Family Services is required to establish a boot camp program for juveniles, with the Department of Correctional Education being responsible for the education component, and the courts are authorized to commit delinquent juveniles to the program.

The bill expands upon and clarifies current law which requires parents and guardians to pay the costs associated with juvenile commitments.

A sentence of indeterminate commitment will no longer be available to juveniles convicted as adults in the circuit courts. The authority of the juvenile courts to impose a determinate commitment to DYFS for delinquent acts is expanded.

The bill contemplates that the local school division, upon receipt of notice that a petition has been filed, will prepare an education plan for the juvenile and will notify the court of the plan. Also, when the superintendent receives notice that a juvenile is to be returned to the community following commitment or sentencing, he or she is to participate in the preparation of a reenrollment plan in conjunction with DCE and the juvenile correctional center counselor.

The bill specifically prohibits the courts from ordering any local school division to enroll a student who has been properly expelled.

This bill is recommended by the Governor's Commission on Juvenile Justice Reform.