Under current law, the juvenile court must take relevant testimony which the
district attorney must present before making its decision whether to waive
jurisdiction. This bill eliminates the requirement that the juvenile court take
testimony if the petition for waiver is uncontested and the juvenile court is satisfied
that the decision not to contest the waiver petition is knowingly, intelligently and
voluntarily made. The bill further permits a juvenile court commissioner, instead
of a judge, to hear an uncontested waiver petition. The bill also permits the juvenile
court to waive its jurisdiction over a juvenile in absentia if the juvenile absconds and
does not appear for his or her waiver hearing. If the juvenile court waives its
jurisdiction over a juvenile in absentia, the juvenile may contest the waiver when he
or she is apprehended.
Absconders
Currently, if a juvenile court proceeding has been commenced before a juvenile
is 18 years of age, but the juvenile becomes 18 years of age before admitting to the
facts of the delinquency petition or, if the juvenile denies the facts, before an
adjudication, the juvenile court retains jurisdiction over the juvenile beyond age 18
to dismiss the action with prejudice, to enter into a consent decree with the juvenile
or to waive its jurisdiction over the juvenile and refer the matter to the district
attorney for criminal prosecution. This bill eliminates those limitations on how the
juvenile court may proceed with a juvenile over whom the juvenile court retains
jurisdiction beyond the age of 17.
Current law does not specify what happens when a juvenile admits the facts of
a petition or, if the juvenile denies the facts, is nevertheless adjudged delinquent
before the juvenile is 18 years of age, but intentionally does not appear at his or her
dispositional hearing, and does not return for a dispositional hearing until after
attaining the age of 18. This bill provides that, when a juvenile does not appear at
his or her dispositional hearing and does not return until after attaining age 17, the
juvenile is guilty of the same class of felony as the class of felony, if committed by an
adult, of the act for which the juvenile was adjudged delinquent. If the juvenile was
adjudged delinquent for committing an act that would be a misdemeanor if
committed by an adult, the juvenile is guilty of a Class E felony.
Victim's rights
Under current law, the victim of a juvenile's act or alleged act may attend a
fact-finding or dispositional hearing before the juvenile court and hearings before
the municipal court relating to the act or alleged act, except that a judge may exclude
the victim from any portion of a hearing that deals with sensitive personal matters
of the juvenile and the juvenile's family and that is not directly related to the act or
alleged act against the victim. This bill permits the victim of a juvenile's act or
alleged act to attend any hearing before the juvenile court or the municipal court
relating to that act, subject to the same restrictions as under current law for
attendance at a fact-finding or dispositional hearing.
Under current law, the victim of a felony or of a delinquent act that would be
a felony if committed by an adult or a family member of a homicide victim may make
a statement to the criminal court or juvenile court before sentencing or disposition.
This bill permits the victim of a misdemeanor also to make a statement before
sentencing or disposition. The bill also permits the victim of a delinquent act to make
a statement before the juvenile court enters into a consent decree in a delinquency
proceeding.
Under current law, the victim of a juvenile's act or alleged act may, with the
approval of the juvenile court, obtain from a law enforcement agency the names of
the juvenile and the juvenile's parents. A victim of a juvenile's act may also petition
the juvenile court to order a law enforcement agency to disclose to the victim as much
information in its records as is necessary to meet the victim's need for the
information. The juvenile court may order that disclosure only after notifying all
interested parties of the request, holding a hearing if there is an objection to the
disclosure, inspecting the records requested and balancing whether the victim's need
for the information outweighs society's interest in protecting its confidentiality. This
bill permits a law enforcement agency, without a juvenile court order, to disclose to
the victim of a juvenile's act or the victim's insurer any information in its records
relating to any injury, loss or damage suffered by the victim, including the name and
address of the juvenile and of the juvenile's parents. The victim may use and further
disclose the information only for the purpose of recovering for the injury, loss or
damage suffered by the victim. The insurer may use and further disclose the
information only for the purpose of investigating a claim arising out of the juvenile's
act.
Under current law, the victim of a juvenile's act must receive timely notice of
certain information including general information relating to an informal
disposition, consent decree or dispositional order involving the juvenile's act. This
bill changes the term "informal disposition" to "deferred prosecution agreement" and
eliminates the requirement that only general information regarding a deferred
prosecution agreement, consent decree or dispositional order may be provided to a
victim and instead specifies that any information regarding a deferred prosecution
agreement, consent decree or dispositional order, other than a psychological report,
a court report prepared by a social services agency or other information dealing with
sensitive personal matters of the juvenile and the juvenile's family, may be provided
to a victim.
Under current law, the general public is excluded from hearings under the
children's code unless the juvenile demands a public fact-finding hearing. Currently,
if a public hearing is not held, only the parties, their counsel, witnesses, victims,
other persons requested by a party and approved by the juvenile court and other
persons having a proper interest in the case or in the work of the juvenile court may
be present. This bill permits a representative of the news media to attend a closed
hearing for the purposes of reporting news without revealing the identity of the
juvenile.
Confidentiality of peace officers' records
Under current law, subject to certain exceptions, peace officers' records of
juveniles are not open to inspection and their contents may not be disclosed, except
by order of the juvenile court. This bill requires a law enforcement agency to disclose
to the person employed or contracted by a county board to enforce a victim's rights
and to provide services for the victim (victim-witness coordinator) information in the
law enforcement agency's records relating to the enforcement of those rights and the
provision of those services. The bill also permits a law enforcement agency to disclose
to the school district administrator of a public school district in which a juvenile who
has been adjudged delinquent is enrolled information in the law enforcement
agency's records relating to the act for which the juvenile was adjudged delinquent.
If the information is disclosed, the school district administrator must disclose the
information to teachers, other school officials who have a legitimate educational or
safety interest in the information and school personnel who have been designated by
the school board to receive that information for the purpose of providing treatment
programs for pupils. Under the bill, peace officers' records may not be used as the
sole basis for expelling or suspending a pupil. Currently, peace officers' records may
be released to a juvenile's school district administrator only for the purpose of
providing alcohol or other drug abuse treatment programs for the juvenile.
Confidentiality of court records
Under current law, subject to certain exceptions, the records of the juvenile
court are not open to inspection and their contents may not be disclosed except by
order of the juvenile court. Currently, a juvenile court must disclose to anyone upon
request the name and age of a juvenile who has been adjudicated delinquent for
committing first-degree or 2nd-degree intentional or reckless homicide, felony
murder, first-degree or 2nd-degree sexual assault or armed robbery, the nature of
the violation committed by the juvenile and the disposition imposed on the juvenile
as a result of that violation. This bill requires a juvenile court to disclose to anyone
upon request the records of the juvenile court, other than psychological evaluation
reports, alcohol or other drug abuse assessment reports, dispositional reports or
other information that deals with sensitive personal matters of the juvenile and the
juvenile's family, relating to a juvenile who has been alleged to have committed a
violation that would be a felony if committed by an adult if the juvenile has been
adjudicated delinquent previously or if a juvenile has been alleged to have committed
homicide by intoxicated use of a vehicle or firearm, aggravated battery, mayhem,
taking hostages, kidnapping, causing death by tampering with household products,
arson of a building, armed burglary, carjacking, assault by a prisoner, first-degree
or 2nd-degree sexual assault of a child, repeated sexual assault of a child, physical
abuse of a child, sexual exploitation of a child, child enticement, soliciting a child for
prostitution, child abduction, a drug delivery violation punishable by a prison term
of 30 years or more if committed by an adult or solicitation, conspiracy or attempt to
commit a violation punishable by life imprisonment if committed by an adult
(commonly referred to as a "3 strikes and you're out" violation). Under the bill, the
requester may further disclose the information to anyone. The bill also provides for
public hearings in delinquency proceedings relating to a juvenile who has been
adjudged delinquent previously or who is alleged to have committed a 3 strikes and
you're out violation, except that the juvenile court must exclude the general public
if the victim of a sexual assault objects and may, in its discretion, exclude the general
public from any portion of a hearing that deals with sensitive personal information
of the juvenile and the juvenile's family or from any other hearing that the general
public is otherwise permitted to attend.
The bill also requires a juvenile court to disclose information in its records as
follows:
1. To the victim-witness coordinator: information relating to enforcing the
rights of a victim of a juvenile's act and to providing services for that victim.
2. To the school board of the school district in which a juvenile is enrolled or the
school board's designee: if the juvenile is alleged to have committed an act that would
be a felony if committed by an adult, the fact that a delinquency petition has been
filed against the juvenile and the nature of the violation alleged in the petition; and,
if the juvenile has been adjudicated delinquent for any violation, the fact that the
juvenile has been adjudicated delinquent, the nature of the violation committed by
the juvenile and the disposition imposed on the juvenile as a result of that violation.
Under the bill, a school board or designee must disclose the information to employes
of the school district who work directly with the juvenile or who have a legitimate
educational or safety interest in the information. Under the bill, juvenile court
records may not be used as the sole basis for suspending or expelling a pupil.
Currently, a juvenile court may disclose to a juvenile's school board only the fact that
the juvenile has been adjudicated delinquent and must first notify the juvenile's
parent of that intended disclosure to give the parent the opportunity to object to the
disclosure. This bill eliminates the parent's opportunity to object.
Under current law, subject to certain exceptions, a juvenile's disposition and the
record of evidence given in a juvenile court hearing is not admissible as evidence
against the juvenile in any other court. This bill permits an adjudication of
delinquency to be considered in setting bail and to be used to impeach, that is, attack
the credibility of, a witness.
Confidentiality of social services records
Under current law, subject to certain exceptions, the records of a social welfare
agency, that is, DHSS, a county department of human services or social services
(county department) or a licensed child welfare agency, relating to an individual in
the care or legal custody of the social welfare agency are not open to inspection and
may not be disclosed except that a social welfare agency may confidentially exchange
records with another social welfare agency or a law enforcement agency. This bill
permits a social welfare agency to exchange records confidentially with a public
school district and the victim-witness coordinator.
Confidentiality of pupil records
Under current law, pupil records, that is, records relating to an individual pupil
maintained by a school, subject to certain exceptions, are confidential. Currently, the
juvenile court may order a school board to disclose the pupil records of a juvenile who
is under a juvenile court order to participate in an education program to the county
department or child welfare agency responsible for supervising the juvenile in order
for the department or agency to determine the juvenile's compliance with the order.
This bill permits a juvenile court to order a school board to disclose pupil records as
follows:
1. To a law enforcement agency: as necessary for the law enforcement agency
to investigate alleged criminal or delinquent activity.
2. To a social welfare agency: as necessary for the social welfare agency to
provide treatment or care for an individual in the social welfare agency's care or legal
custody.
The bill also requires a school board to disclose certain pupil records to law
enforcement agencies on request without a court order. Specifically, a school board
must disclose to a law enforcement agency the attendance records of a pupil who is
the subject of an investigation by the law enforcement agency. Also, a school board
must disclose to a law enforcement agency directory data, that is, a pupil's name,
address, telephone listing and other general information, for the purpose of
investigating alleged delinquent or criminal activity by the pupil. Currently, a school
board must disclose directory data to a law enforcement agency only for the purposes
of enforcing the pupil's school attendance or responding to a health or safety
emergency.
Dispositions
Under current law, a disposition for a juvenile who has been adjudged
delinquent or found to be in need of protection or services must protect the juvenile's
well-being and be least restrictive of the rights of the parent or juvenile, consistent
with the protection of the public. Currently, the family unit must be preserved
whenever possible and custody may be transferred from the parent only when there
is no less drastic alternative. This bill requires a dispositional order for a juvenile
who has been adjudged delinquent or who has been found to be uncontrollable, a
dropout or habitually truant from home or school to promote the objectives of the
juvenile justice code. The bill also eliminates the requirements that the family unit
be preserved whenever possible and that custody may be transferred from a parent
only when there is no less drastic alternative.
Current law provides for an array of specific dispositions that a juvenile court
may impose on a juvenile who has been adjudged delinquent. This bill creates the
following new dispositions:
1. Home detention for a period of not more than 20 days.
2. Short-term placement for not more than 30 days in a secure detention
facility or juvenile portion of a county jail that meets the standards promulgated by
DOC by rule or in a place of nonsecure custody designated by the judge.
3. Contribution of a percentage of any income that the juvenile receives while
placed in an out-of-home placement towards restitution of the juvenile's victim.
4. Participation in a youth corps program, a conservation work project, a youth
conservation camp or other community service work program if the program accepts
the juvenile.
5. Participation in a victim-offender mediation program if the victim of the
juvenile's delinquent act agrees.
6. Participation in a pupil assistance program provided by the juvenile's school
board, that is, a program provided by a school board to intervene in the abuse of
alcohol or other drugs by pupils, if the juvenile's school district approves of the
juvenile's participation in the program.
7. Inpatient alcohol or other drug abuse treatment for not more than 30 days
if the juvenile has an alcohol or other drug abuse impairment and if the juvenile is
a proper subject for treatment and is in need of inpatient treatment because
appropriate treatment is not available on an outpatient basis.
8. Drug testing if the juvenile is in need of treatment for the use or abuse of
controlled substances.
9. Participation in a wilderness challenge or other experiential education
program.
10. Participation in an educational program that is designed to deter future
delinquent behavior.
11. Participation in vocational assessment, counseling and training.
12. Participation in a day treatment program if the juvenile has specialized
educational needs.
13. Imposition of a dispositional order and staying the execution of that order
contingent on the juvenile's satisfactory compliance with any conditions specified in
the order.
14. A forfeiture not to exceed $100 for a violation of a criminal law that is
applicable only to a juvenile, for example, possession of a firearm, and a forfeiture
not to exceed $50 for a violation of a civil law or municipal ordinance that is
applicable only to a juvenile, for example, possession of a tobacco product.
Under current law, the juvenile court intake worker (intake worker) may enter
into a written agreement with the juvenile and the juvenile's parent, guardian or
legal custodian which imposes an informal disposition if the intake worker
determines that neither the interests of the public nor of the juvenile require the
filing of a petition. Currently, an informal disposition may require the juvenile and
the parent, guardian or legal custodian to appear for counseling and to abide by
certain obligations imposed under the agreement, and may require the juvenile to
submit to an alcohol or other drug abuse assessment, to participate in alcohol or other
drug abuse treatment or education, to pay restitution, to participate in a supervised
work program or to participate in a volunteers in probation program. Currently, if
the intake worker determines that the obligations under an informal disposition are
not being met, the intake worker may cancel the agreement and recommend that a
petition be filed. This bill changes the term "informal disposition" to "deferred
prosecution" and requires the judge or juvenile court commissioner to enter an order
requiring compliance with a deferred prosecution agreement. If the intake worker
finds that the juvenile's parent, guardian or legal custodian has failed to meet the
obligations imposed under a deferred prosecution agreement, the district attorney
may petition the juvenile court for an order requiring the parent, guardian or legal
custodian to show good cause for failing to meet those obligations. If the parent,
guardian or legal custodian does not show good cause for failing to meet the
obligations imposed under the deferred prosecution agreement, the juvenile court
may impose a forfeiture not to exceed $1,000.
The bill also permits a juvenile who has satisfactorily complied with the
conditions of his or dispositional order to petition the juvenile court, on attaining age
17, to expunge the juvenile court's record of the juvenile's adjudication. The juvenile
court may expunge a juvenile's juvenile court record if the juvenile court determines
that the juvenile has satisfactorily complied with the conditions of his or her
dispositional order and that the juvenile will benefit and society will not be harmed
by the expungement.
Sanctions
Under current law, a juvenile court, after a hearing, may impose various
sanctions on a juvenile who has been adjudged delinquent and who violates a
condition of his or her dispositional order, if at the dispositional hearing the juvenile
court explained the conditions to the juvenile and informed the juvenile of the
possible sanctions for the violation. The sanctions permitted under current law
include placement of the juvenile in a secure detention facility or juvenile portion of
a county jail for not more than 10 days, suspension of the juvenile's operating
privilege, home detention for not more than 20 days and not more than 25 hours of
community service work. This bill permits a juvenile court to place a delinquent
juvenile who has violated a condition of a dispositional order in a place of nonsecure
custody as a sanction. The bill also permits a juvenile court to impose the current
sanctions, other than placement in a secure detention facility or juvenile portion of
a county jail, and the nonsecure custody sanction on a juvenile who has been found
to be in need of protection or services on the basis of being uncontrollable, a dropout
or habitually truant from home or school and who violates a condition of his or her
dispositional order.
The bill permits the caseworker of a juvenile who has been adjudged delinquent
and who has violated a condition of his or her dispositional order, without a hearing,
to take the juvenile into custody and place the juvenile in a secure detention facility,
juvenile portion of a county jail or place of nonsecure custody designated by the
caseworker for not more than 72 hours while the alleged violation is being
investigated, if at the dispositional hearing the juvenile court explained the
conditions to the juvenile and informed the juvenile of the possibility of that
placement. The bill also permits the caseworker of a juvenile who has been found
to be in need of protection or services on the basis of being uncontrollable, a dropout
or habitually truant from home or school and who has violated a condition of his or
her dispositional order, without a hearing, to take the juvenile into custody and place
the juvenile in a place of nonsecure custody designated by the caseworker for not
more than 72 hours while the alleged violation is being investigated, if at the
dispositional hearing the juvenile court explained the conditions to the juvenile and
informed the juvenile of the possibility of that placement. If the juvenile is held for
longer than 72 hours, the juvenile is entitled to a sanctions hearing or a hearing on
the decision to continue holding the juvenile in custody.
Juvenile firearm possession
Under current law, a juvenile may be held in a secure detention facility if the
juvenile intake worker determines that probable cause exists to believe that the
juvenile has committed a delinquent act and presents a substantial risk of physical
harm to another person. This bill provides that a juvenile is considered to present
a substantial risk of physical harm to another person if the juvenile intake worker
determines that any of the following conditions applies:
1. Probable cause exists to believe that the juvenile has committed first-degree
intentional homicide, first-degree reckless homicide, felony murder, 2nd-degree
intentional homicide, substantial battery, aggravated battery, mayhem, first-degree
sexual assault, kidnapping, a drive-by shooting, carjacking, armed robbery, sexual
assault of a child, repeated sexual assault of a child or physical abuse of a child
(violent offense).
2. Probable cause exists to believe that the juvenile possessed, used or
threatened to use a handgun, short-barreled rifle or short-barreled shotgun in
committing an offense against life or bodily security (armed violent offense).
3. Probable cause exists to believe that the juvenile has possessed or gone
armed with a handgun, short-barreled rifle or short-barreled shotgun (weapons
violation).
Currently, one of the dispositions that a juvenile court may impose on a juvenile
whom the juvenile court has adjudged delinquent is to place the juvenile in a secured
juvenile correctional facility, but only if the juvenile has been found delinquent for
committing an act which if committed by an adult would be punishable by a sentence
of 6 months or more and the juvenile has been found to be a danger to the public and
in need of restrictive custodial treatment. This bill provides that a juvenile is
considered to be a danger to the public and to be in need of restrictive custodial
treatment if the judge finds that the juvenile has committed a violent offense, an
armed violent offense or a weapons violation.
Under current law, a person who gives, sells or loans a dangerous weapon to a
child is guilty of a Class D felony, which is punishable by a fine not to exceed $10,000
or imprisonment not to exceed 5 years or both, if the child discharges the firearm and
the discharge causes death to the child or another. This bill increases the crime of
giving, selling or loaning a dangerous weapon to a child to a Class C felony, which
is punishable by a fine not to exceed $10,000 or imprisonment not to exceed 10 years
or both, if the child discharges the firearm and the discharge causes death to the child
or another.
Under current law, a person who has been convicted of a felony, adjudged
delinquent on the basis of a felony or found not guilty of, or not responsible for, a
felony by reason of mental disease or defect generally is prohibited from possessing
a firearm. Upon conviction, violators may be fined not more than $10,000 or
imprisoned for not more than 2 years or both. This bill increases the maximum
period of imprisonment to 5 years if a person who has a conviction for illegal firearm
possession subsequently violates the same law.
Holding a juvenile in custody
Under current law, a juvenile may be held in secure custody if probable cause
exists to believe that the juvenile has committed a delinquent act and either presents
a substantial risk of physical harm to another person or a substantial risk of running
away, as evidenced by a previous act or attempt, so as to be unavailable for a court
hearing or a revocation hearing. Currently, for juveniles on aftercare, corrective
sanctions or youthful offender supervision, the delinquent act referred to may be the
act for which the juvenile was placed in a secured correctional facility. This bill
eliminates the requirement that the substantial risk be evidenced by a previous act
or attempt. The bill also provides that for a juvenile who is subject to any
dispositional order, not just a dispositional order placing the juvenile in a secured
correctional facility, the delinquent act referred to may be the act for which the
juvenile was adjudged delinquent.
Parental responsibility
Under current law, a parent who has custody of a juvenile is liable in an amount
not to exceed $2,500 for damage to property, the value of unrecovered stolen property
or personal injury attributable to a wilful, malicious or wanton act of the juvenile
other than retail theft. For retail theft, a parent who has custody of a juvenile is liable
for the actual damages caused by the juvenile's act plus exemplary damages equal
to 2 times the actual damages or $300, whichever is less. This bill provides that the
maximum amount of a parent's liability for a wilful, malicious or wanton act of his
or her juvenile, other than retail theft, is the jurisdictional limit of the small claims
court. Currently, the jurisdictional limit of the small claims court is $4,000.
The bill permits a juvenile court to order that any restitution or forfeiture
unpaid by the juvenile be entered and docketed as a judgment against the juvenile
and the parent. The juvenile court is required to give the juvenile and parent an
opportunity to be heard regarding the amount unpaid. The bill permits the juvenile
court to order the juvenile or parent to perform community service work instead of
paying the restitution or forfeiture, except that if the juvenile court orders the parent
to perform community service work the parent must agree to do that work.
Under current law, a juvenile court may issue a summons requiring the person
who has legal custody of a juvenile to appear personally before the court. Currently,
if a person summoned by the juvenile court fails to appear, the person may be
proceeded against for contempt of court. This bill permits a juvenile court to issue
a summons requiring a juvenile's parent (whether custodial or noncustodial),
guardian and legal custodian to appear personally at any hearing involving the
juvenile.
Current law permits a county, city or village to enact an ordinance requiring a
person having under his or her control a juvenile who is between 6 and 18 years of
age to cause the juvenile to attend school regularly. This bill permits a town to enact
such an ordinance if the town has established a municipal court.
Truancy
The bill makes numerous changes in the compulsory school attendance and
truancy laws, including the following:
1. Under current law, before a juvenile court or a municipal court may exercise
jurisdiction over a juvenile alleged to be habitually truant, and before a court of
general civil jurisdiction may exercise jurisdiction over a parent or guardian alleged
to have violated the compulsory school attendance law for failure to cause a juvenile
under that person's control to attend school regularly, evidence must be provided to
the court that appropriate school personnel have done all of the following within the
school year during which the truancy occurred:
a) Met with the juvenile's parent or guardian to discuss the juvenile's truancy
or attempted to meet with the parent or guardian and been refused.
b) Provided an opportunity for educational counseling to the juvenile to
determine whether changes in the juvenile's curriculum would resolve the juvenile's
truancy and considered curriculum modifications.
c) Evaluated the juvenile to determine whether learning problems may be a
cause of the juvenile's truancy and, if so, taken steps to overcome the learning
problems.
d) Conducted an evaluation to determine whether social problems may be a
cause of the juvenile's truancy and, if so, taken appropriate steps or made
appropriate referrals.
This bill provides that the requirement under a), above, does not apply if the
school attendance officer provides evidence that appropriate school personnel
attempted to meet with the juvenile's parent or guardian and received no response.
The current exception to this requirement applies only if the juvenile's parent or
guardian refused to meet with school personnel.
The bill also provides that the activities under b) to d), above, need not be
carried out if the school attendance officer provides evidence that appropriate school
personnel were unable to carry out the activities due to the juvenile's absences.
Further, the bill provides that the juvenile's need not be evaluated under c) if
tests administered within the previous year indicate that the juvenile is performing
at his or her grade level.
2. The bill creates a new dispositional alternative for a juvenile found to be in
need of protection or services based on habitual truancy or found to have violated a
municipal truancy ordinance. The new alternative allows a juvenile or municipal
court to order that a work permit not be issued to the juvenile or that a work permit
that was already issued to the juvenile be revoked.
3. The bill allows a juvenile court to order the parent, guardian or legal
custodian of a habitually truant juvenile to participate in counseling at his or her own
expense. It also allows the court to order any person who has a juvenile between the
ages of 6 and 18 years under his or her control and who fails to cause the juvenile to
attend school regularly to participate in counseling at the person's own expense.
4. The bill specifies that if a juvenile who has been found to be in need of
protection or services based on habitual truancy violates a condition of the juvenile
court's dispositional order, the court may order as sanctions any combination of
suspension of the juvenile's motor vehicle operating privilege for not more than one
year and one or more of the dispositions that it could have imposed under the original
dispositional order. The court must hold a hearing on the imposition of these
sanctions within 15 days after the filing of a motion for the imposition of a sanction.
5. The bill authorizes the department of industry, labor and human relations
to revoke a juvenile's work permit if the juvenile's educational welfare would be best
served by the revocation.
Time limits
Under current law, a hearing to determine whether a juvenile who is being held
in custody under the children's code should continue to be held in custody must be
had within 24 hours after the decision to hold the juvenile in custody was made. This
bill extends that time limit for juveniles who are being held in custody under the
juvenile justice code to within 24 hours after the end of the day that the decision to
hold the juvenile in custody was made.
Under current law, the intake worker must recommend that a petition be filed,
enter into an informal disposition or close the case within 40 days after the receipt
of information that a juvenile should be referred to the juvenile court. Similarly, the
district attorney or corporation counsel must file a petition, close the case or refer the
case back to the intake worker within 20 days after receiving the intake worker's
recommendation regarding the case. Currently, if those time limits are not met, the
juvenile court must dismiss the case with prejudice, that is, without leave to file a
new petition. This bill provides that if a party fails to meet a time limit specified in
the juvenile justice code the juvenile court may grant a continuance for good cause
shown, dismiss the petition with or without prejudice, release the juvenile from
secure or nonsecure custody or from the terms of a custody order or grant any other
relief that the juvenile court considers appropriate.
Under current law, certain periods of delay are excluded in computing time
periods under the children's code. Those periods of delay include any period of delay
caused by the disqualification of a judge. This bill expands that exclusion to exclude
any period of delay caused by the substitution of a judge or by any other transfer of
the case or intake inquiry to a different judge, intake worker or county.
Under current law, an informal disposition or consent decree may remain in
effect for up to 6 months, except that an informal disposition or consent decree on an
allegation of habitual truancy may remain in effect for up to one year. This bill
permits any deferred prosecution agreement or consent decree under the juvenile
justice code to remain in effect for up to one year.
Venue
Under current law, venue for a delinquency proceeding is in the county where
the delinquent act occurred. This bill permits the juvenile court of the county where
a delinquent act occurred to transfer a delinquency proceeding to the county in which
the juvenile resides, after the juvenile is adjudged delinquent, for disposition, if the
juvenile court of the county of residence agrees to that transfer and the transferring
juvenile court agrees to the disposition.
Jury trials
Under current law, a juvenile, and a parent, guardian or legal custodian of a
juvenile, have the right to a trial by jury in the juvenile court. A trial by jury may
be demanded on a petition alleging that the juvenile is delinquent, has violated a civil
law or municipal ordinance or is in need of protection or services. This bill eliminates
the right to a trial by jury in proceedings under the juvenile justice code.
Substitution of judge
Under current law, a juvenile may request the substitution of a judge in a
delinquency proceeding and the juvenile and the juvenile's parent, guardian or legal
custodian may request the substitution of a judge in a proceeding alleging that the
juvenile is uncontrollable, a dropout or habitually truant from home or school.
Currently, however, a juvenile may not request the substitution of a judge in a
delinquency proceeding that is commenced within one year after the entry of a
dispositional order in another proceeding under the children's code in which the
juvenile requested the substitution of a judge. This bill eliminates that prohibition
and provides instead that a juvenile may not request the substitution of a judge in
a delinquency proceeding, and the juvenile and the juvenile's parent, guardian or
legal custodian may not request the substitution of a judge in a CHIPS proceeding
under the juvenile justice code, if the judge assigned to the juvenile's proceeding has
entered a dispositional order with respect to the juvenile in a previous proceeding.
Oral court reports
Under current law, before the disposition of a juvenile adjudged to be
delinquent or in need of protection or services, an agency designated by the juvenile
court must submit a report to the juvenile court describing the social history of the
juvenile, a recommended plan of rehabilitation or treatment and care for the
juvenile, the specific services recommended for the juvenile and a statement of the
objectives of the plan (court report). Currently, a court report recommending
placement of the juvenile in his or her own home may be presented orally at the
dispositional hearing if all parties consent. A court report recommending an
out-of-home placement, including a correctional placement, and a youthful offender
program court report, however, must be in writing. This bill permits a court report
recommending an out-of-home placement, including a correctional placement, and
a youthful offender program court report to be presented orally at the dispositional
hearing if all parties consent.
