JUVENILE COURT PROCEDURES - SECTIONS 211.071 & 211.073

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 the truly agreed to and finally passed CCS/SCS/SB 36 (2013).

FIRST DEGREE MURDER SENTENCING - SECTION 565.020

Under current law, offenders who were under the age of 18 at the time they committed first degree murder must be sentenced to life imprisonment without eligibility for probation, parole, or conditional release.

This act repeals the mandatory life sentence and provides that offenders who were under the age of 18 at the time of the first degree murder may be sentenced to either life imprisonment without parole until the offender has served 50 years in prison or life imprisonment without parole.

Under this act, the prosecutor may file a motion to seek a punishment of life imprisonment without parole and, if the notice is filed, a hearing is held at which the court considers statutory and mitigating circumstances regarding the proper penalty.

If the prosecutor does not file the motion, then the punishment is life without parole until the person has served 50 years in prison.

The procedures under this act do not apply to any case that is final for purposes of appeal at the time the act goes into effect. Any person who was sentenced to life imprisonment without parole for a crime committed before the person turned 18 may file a motion for a new sentencing hearing to determine whether the original sentence should remain or if the person ought to be sentenced to life imprisonment without parole until the person has served 50 years.

These provisions are similar to SB 377 (2013) and contain an emergency clause.

MEGHAN LUECKE