SB 641 - Under current law, a child between the ages of 12 and 18 can be certified for trial as an adult for a certain felony offenses. This act changes the ages to between 15 and 18 years old. Additionally, under current law, a court shall order a hearing to determine whether a child should be certified for trial as an adult for certain offenses. This act repeals the offense of distribution of drugs or the offense of manufacturing of a controlled substance and adds the offense of armed criminal action.
This act also provides that before a child can be transferred to a court of general jurisdiction, a probable cause hearing shall be held to determine if probable cause exists. The juvenile office has the burden to prove probable cause and the juvenile has the right to present evidence and question witnesses.
This act provides that the Office of State Courts Administrator shall collect certain information as provided in the act relating to petitions to certify juveniles as adults.
Finally, this act modifies provisions relating to correctional treatment programs for offenders ages 18 and younger. Such programs shall include physical separation from offenders 19 years or older and shall include education programs that award high school diplomas or its equivalent.
This act contains an emergency clause.
This act is substantially similar to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), SCS/SBs 406 & 423 (2023), and to HCS/HB 12 (2020).
MARY GRACE PRINGLE