SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

1994 SESSION

  • | print version

HB 1243 Serious juvenile offenders.

Introduced by: Jerrauld C. Jones | all patrons    ...    notes | add to my profiles

SUMMARY:

Serious juvenile offenders. Reduces the age at which a juvenile may be transferred for trial as an adult for a felony offense from 15 to 14 years of age. Under the current transfer statute, the juvenile court must make findings (i) of probable cause, (ii) competency, (iii) that the interests of the community require the juvenile to be placed under legal restraint, and (iv) that the juvenile is not amenable to treatment or rehabilitation as a juvenile considering the current offense, prior record, and past treatment efforts and responses. This bill replaces the amenability and legal constraints findings with a list of specific factors for the court to consider in deciding whether the juvenile is a "proper person" to remain in the juvenile justice system. This standard has been adopted by the American Bar Association.

Legislative waiver, under current law, allows for juvenile transfer where (i) the juvenile has been previously tried as an adult and convicted of a felony or (ii) the juvenile is charged with one of the crimes for which the legislature has decreed no finding of amenability is necessary (i.e., armed robbery, rape, and murder). This bill allows for transfer, following a hearing, if the juvenile is charged with any felony if the juvenile court gives notice and finds probable cause, that the juvenile is competent and that the juvenile is a "proper person" for transfer based upon it's review of any number of factors. A list of factors which, at a minimum, are to be considered are specified by the bill.

However, if the juvenile is charged with a Class 1 or 2 felony or if the juvenile is sixteen or older and charged with a Class 1, 2 or 3 felony, and the felony involved particularly violent crimes (murder, mob related felony, kidnapping or assault or bodily wounding) or an unclassified felony for which the maximum punishment is life imprisonment (e.g., drug kingpin violations), the court need not make the "proper person" finding. The general procedures for the transfer hearing remain unchanged. However, the bill provides that whether or not transfer is ordered, bail is to be determined following the hearing.

Under this bill, once a juvenile is tried and convicted in the circuit court the jurisdiction of the juvenile court is terminated as to any pending charges and any future criminal acts.

In an effort to prevent the reversal of a criminal conviction because of a failure of a judge to properly complete the appropriate paper work, this bill stipulates that any objection to the circuit court's jurisdiction over the trial of the case is waived if not raised before arraignment [See Hairfield v. Commonwealth, 7 Va. Appeals 649 (1989)].Procedures for appeal of the decision to transfer or retain the case remain substantially unchanged. However, also in response to a court of appeals case concerning the prior transfer statute, the bill includes a provision which precludes an appellate court from re-determining whether due consideration was given to any of the factors required to be considered in making the "proper person" determination.

The bill restricts learning center commitments to those juveniles over 10 who have committed (i) a felony or (ii) a Class 1 misdemeanor after having been previously committed for either a felony or Class 1 misdemeanor.

In order to be committed as a serious offender under current law, a juvenile 15 years of age or older must have been found guilty of murder, rape, armed robbery, or use of a firearm in the commission of a felony, or the juvenile is on parole when he committed a felony or has committed a felony and had been a resident of a group home within the preceding year. This bill (i) reduces the age to 14 years, (ii) applies serious offender status to a juvenile on parole for a felony, and (iii) expands the requisite felony offenses to those punished by a term of confinement of more than 20 years. The factors to be considered in committing a serious juvenile offender to a learning center are expanded to include specific considerations underlying the nature of the offense and the juvenile's prior record and gives the committing court continuing jurisdiction over the juvenile throughout his commitment.

Under current law, the court may commit a serious offender to the Department of Youth and Family Services for a minimum period of six to 12 months. This bill gives the juvenile court to impose a determinate sentence of up to seven years or until the juvenile's twenty-first birthday and gives the court continuing jurisdiction during the term of commitment. The Department is required to petition for a review of continuing commitment on the second anniversary of commitment and each annual anniversary thereafter. The Department is given the authority to petition for early release of a juvenile (based on good cause). The court is empowered to continue the commitment of the juvenile for the original commitment period or a lesser amount of time, or the court may order the release of the juvenile under whatever terms and conditions the court may prescribe. Prior to the release of any serious offender, the Department is required to give notice to the committing court, the sheriff, the chief of police, and the attorney for the Commonwealth, as well as any victim. This requirement is the same as that imposed upon the Department of Corrections in releasing adult offenders.

Finally, the bill makes changes to various sections of the Code to correspond with the reductions in the minimum age for transfer and for serious offender status (e.g., photographing and fingerprinting of juveniles, expungement of records).


FULL TEXT

AMENDMENTS

HISTORY