Fiscal Summary

Other Fiscal Impact – The extent and timing of any change in state expenditures is dependent upon the actions of the juvenile court and cannot be determined with reasonable certainty.  

Bill Summary

After a petition has been filed alleging delinquency based on conduct that is designated a crime or public offense under the laws of this state, including local ordinances, present law authorizes the court, before hearing the petition on the merits, to transfer the child to the sheriff of the county to be held according to law and to be dealt with as an adult in the criminal court of competent jurisdiction. Present law requires the disposition of the child to be as if the child were an adult if, amongst other criteria, the court finds that there is probable cause to believe the following:

(1) That the child committed the delinquent act as alleged;

(2) That the child is not committable to an institution for the developmentally disabled or mentally ill; and

(3) That the interests of the community require that the child be put under legal restraint or discipline.

This bill removes (2) and (3).

In making the determination above, present law requires the court to consider various factors, including, amongst others, the extent and nature of the child's prior delinquency records; whether the offense was committed in an aggressive and premeditated manner; and whether the child has a history of trauma or abuse. This bill removes this requirement of the court.

This bill also removes a provision stating that it is the intent of the general assembly that children must not be transferred under this law due to a lack of appropriate resources for effective treatment and rehabilitation in the juvenile justice system.

This bill applies to acts committed on or after July 1, 2023.