CCS/SCS/SB 36 - Under current law, when a juvenile is prosecuted as an adult, the jurisdiction of the juvenile court over future violations of the law is forever terminated for the child unless he or she is found not guilty of the offense. This act specifies that the jurisdiction of the juvenile court is only terminated if the child is convicted of the crime. In addition, current law allows a court of general jurisdiction to impose a juvenile sentence and, at the same time, impose, but suspend the execution of, an adult criminal sentence when an offender under the age of 17 is certified as an adult. If a juvenile is sentenced this way, the court may order the offender into the custody of the Division of Youth Services if a facility, which was designed and built by the division specifically for offenders sentenced under dual jurisdiction, has space available.
Under this act, the court must consider imposing a juvenile sentence and suspending the execution of the adult criminal sentence if the juvenile is under the age of 17 and a half. In addition, the facility only needs to be designed to serve offenders sentenced in this manner and have space available.
Also, this act requires the court to make a finding on the record as to why the division was not appropriate for the offender if the court chooses not to impose a juvenile sentence prior to imposing an adult criminal sentence.
These provisions are identical to provisions of the truly agreed to and finally passed SS/SCS/HCS/HB 215 (2013).
MEGHAN LUECKE