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1995 SESSION
HB 1132 Transfer of juvenile cases.
Introduced by: Howard E. Copeland | all patrons ... notes | add to my profiles
SUMMARY:
Transfer of juvenile cases. Requires the juvenile or family court to transfer a case of a juvenile 13 or older charged with an offense which would be a felony if committed by an adult and involving the use or display of a firearm or other deadly weapon to the circuit court for trial as an adult upon finding probable cause to believe that the child committed the act alleged. The court must give notice prior to transfer and must find that the juvenile is competent to stand trial.
The bill eliminates the discretionary authority of a judge to sentence a juvenile to indeterminate commitment, not to exceed four years, in a youthful offender facility operated by the Department of Corrections. All juveniles sentenced as adults will be sentenced to a youthful offender facility within the state penitentiary system. The bill also clarifies that no change is being made to the provision of current law which prohibits, among other things, a juvenile 15 or older who is twice sentenced as an adult from being held in a youthful offender facility by the Department of Corrections for the second offense.