SB 56- This act makes numerous changes in the statutes dealing with juvenile justice.

CERTIFICATION OF JUVENILE AS AN ADULT - If a petition alleges that a child between age twelve and seventeen has committed an "adult" felony, the juvenile court shall dismiss and transfer such case to the court of general jurisdiction. If the child is under twelve, the court may first order a hearing and then may dismiss and transfer such a case. If a petition alleges that a child between twelve and seventeen has committed an "adult" misdemeanor or felony and the child has previously been found to have committed an "adult" misdemeanor or felony, the juvenile court shall dismiss and transfer such case to the court of general jurisdiction.

Children under age twelve and their custodians shall be notified in writing of a transfer hearing. Those age twelve or older shall be notified in writing of a transfer of their case to a court of general jurisdiction.

The prosecuting attorney shall not divulge any information about the child and the offense until the juvenile court has transferred jurisdiction. The juvenile officer may provide the prosecuting attorney with his services upon request and the prosecuting attorney may consider any recommendations from the juvenile officer about the case if the child in question is under seventeen.

A complete written report shall be prepared and considered by the court to determine how to handle the case of a child under twelve.

RECORDS OF JUVENILE COURT PROCEEDINGS - Records of juvenile court proceedings shall remain closed except as otherwise provided in this act. A juvenile officer may release a report concerning any child less than seventeen who is under the jurisdiction of the juvenile court or circuit court upon a determination by the judge that the release of the report is in the best interests of justice.

DUTIES OF THE JUVENILE OFFICER - Adds language providing that the juvenile officer performs his functions under the juvenile court and the circuit court in those instances where a juvenile case has been transferred.

CUSTODY OF CHILDREN - This act provides that the juvenile court may commit any child to the Division of Youth Services in certain circumstances. A child may also be committed to the Division when a court of general jurisdiction has found either: 1) that the child is guilty of a felony, or 2) that the child has pleaded guilty to a felony, and that incarceration in an adult correctional facility is not suitable for the child. In no case shall the division keep a child beyond his eighteenth birthday.

No child committed to the Division due to neglect or lack of support shall be placed in a secure care facility, unless the child pleads guilty or is convicted of a felony by a court of general jurisdiction. The Division may not transfer a child committed to a specific facility by a court of general jurisdiction.

ENDANGERING THE WELFARE OF A CHILD - This act authorizes the court in its discretion to order any parent or guardian who is found to have endangered the welfare of a child to pay restitution for damage or loss caused by the child who has: 1) devalued property, or 2) caused personal injury to another. Restitution may be made to: 1) the victim, 2) any governmental entity, or 3) a third party payor. Any order of restitution shall not be a bar to an action for any damages not paid under this act.

This act shall become effective on July 1, 1996.
JAMES KLAHR