Summary:

 Senate Bill 326 (SB 326) relates to delinquency and changes how the court system treats delinquent children. The bill increases the number of offenses that trigger the imposition of an adult sentence, extends the age at which a child can be on probation or in a commitment from up to the child’s 21st birthday to up to the child’s 25th birthday, removes the requirement that a prosecutor consult with probation before filing a delinquency petition, adds that a child who is adjudicated as a youthful offender may waive their right to an amenability hearing and instead be sentenced as an adult, removes the requirement for a detention risk assessment instrument be completed to take a child into custody, removes some powers of the Children, Youth and Families Department, and repeals a section of law prohibiting the disclosure of certain juvenile records.   

Legislation Overview:

 Senate Bill 326 (SB 326) makes the following changes to the Delinquency Act: 
1.	Provides that deterrents and community-based alternatives to juvenile delinquency are required only if those deterrents and alternatives are appropriate. 
2.	Removes from the definition of “delinquent act” the crimes of homicide by vehicle and failure to stop in the event of an accident causing death.  
3.	Changes what is considered a “serious youthful offender” (SYO).  A SYO is not treated like a delinquent child and instead is automatically treated as an adult. Currently, only a child aged 15-18 charged with first degree murder can be charged as a SYO.  HB 134 adds fourteen year olds, and adds the following offenses which trigger SYO status: second degree murder, voluntary manslaughter, armed robbery, shooting at a dwelling that results in great bodily harm or shooting at or from a motor vehicle that results in great bodily harm. 
4.	Changes what is considered a “youthful offender” (YO). A youthful offender is a delinquent child between the ages of 14 to 18 years and can receive either an adult or juvenile sentence.  The bill adds the following offenses that trigger YO status: shooting at a dwelling that does not result in great bodily harm, shooting from a motor vehicle that does not result in bodily harm, unlawful possession of a handgun by a person, homicide by vehicle, involuntary manslaughter, and failing to stop a vehicle when the vehicle is involved in an accident that results in injury or death.  The bill removes from YO status second degree murder and a fourteen-year-old adjudicated for first degree murder.  
5.	Adds that a SYO must be transported to district court for court-ordered appearances and that the SYO must be physically segregated from adult offenders and segregated by sight and sound from adult offenders to the fullest extent possible. 
6.	Removes the requirement that a prosecutor consult with probation before filing a delinquency petition. 
7.	Removes the requirement that a detention risk assessment instrument be completed to take a child into custody.  The bill further removes the requirement that the Children, Youth and Families Department (CYFD) develop and implement a detention risk assessment instrument. 
8.	Requires that a child who turns 18 while in a juvenile detention facility must be transferred to an adult jail.  Currently, a child who turns 18 while in a juvenile jail cannot be transferred to an adult jail solely on the basis of turning 18.  
9.	Removes the ability of a special master or magistrate judge to make probable cause determinations for children who have been taken into custody and not released.  Instead, only a judge can make this decision. The bill further removes the ability for a judge to appoint a person to serve as a special master to handle detention hearings. 
10.	Amends the procedure for conducting detention hearings by electronic means.  The bill adds that a detention hearing can be conducted electronically at the court’s discretion, in addition to the current ability for either party to request it. The bill removes the requirements that electronic hearings be recorded, that the child has legal counsel, that no plea is allowed, and that the court finds that undue hardship will result from conducting the hearing in the courtroom.  
11.	Provides that a SYO who is detained before trial has a right to a hearing to consider or address conditions of release as provided by supreme court rule.  The bill removes the reference to the right to “bail”. 
12.	Adds that a child who is adjudicated as a YO may waive their right to an amenability hearing and instead be sentenced as an adult. 
13.	Adds a provision that certain predisposition reports must be provided to the parties only if directed by the court. Currently, these predisposition reports must be provided to the parties.  
14.	Regarding the disposition (sentence) of a delinquent child, the bill adds that the judge has discretion to consider the child’s unique circumstances and history when imposing probation or a commitment to juvenile prison, and may impose either probation or a commitment for any period up to the date the child reaches 25 years of age. The bill removes the current lengths of commitments from 1 or 2 years, and removes the ability to commit until age 21 a child that was charged with a youthful offender offense or a child that was charged as a youthful offender.  
15.	Increases the amount of time a child can be placed in a detention facility as their sentence for a delinquent act, from fifteen days to thirty days.  
16.	Adds a provision that when deciding to sentence a child as an adult, the judge must not weigh one factor listed in the statute more heavily than another.  Regarding the factor of whether the offense was against persons or property, the bill removes the requirement that greater weight is given to offenses against persons, especially if personal injury resulted. 
17.	Clarifies that a child 14 or older who was charged as a SYO but was found to have committed a YO offense is subject to a YO disposition (sentence). 
18.	Clarifies that a child 14 or older who was charged as a SYO but was found to have committed a delinquent act is neither a SYO nor a YO and must be adjudicated as a delinquent. 
19.	Provides that a consent decree cannot be given to a child charged as a youthful offender or serious youthful offender.  
20.	Amends how commitments can be extended.  The bill removes the ability to extend a short-term or long-term commitment (from increments of six months to a year until the child turns 21). Instead, the bill allows a judge to extend either probation or a commitment until the child turns 25.  The court may exercise discretion to do this, based on the child’s unique circumstances and history. 
21.	Removes CYFD’s exclusive jurisdiction to release a delinquent child during the child’s commitment.  
22.	Removes the provision that a child is eligible to be released from a commitment any time after the entry of judgment that transferred legal custody to CYFD.  Currently, CYFD may consider a reasonable request to release a child from a commitment at any time 60 days after the child has been committed. 
23.	Lowers the standard of proof in probation revocation proceedings from beyond a reasonable doubt to a preponderance of the evidence. 
24.	Amends the law regarding the sealing of juvenile records. The bill allows a party to reference a juvenile record and the contents of a juvenile record in a hearing held to address conditions of release or at a sentencing hearing.  However, the party may not disclose the contents of a juvenile record unless otherwise allowed by law. 
25.	Repeals Sections 32A-2-32.1 (information not to be disclosed on a public access web site).  This section prohibited a state agency or political subdivision (including a school district, county, or municipality) from disclosing on-line information on an arrest or detention of a child, delinquency proceedings for a child, an adjudication of a child, an adult sentence imposed on a child, or certain social records about a child. 
 

Current Law:

 Currently, only a child aged 15-18 and charged with first degree murder can be charged as a Serious Youthful Offender.  A prosecutor must consult with probation before filing a delinquency petition and before a child is taken into custody, a detention risk assessment instrument must be completed.   A child who turns 18 while in a juvenile jail cannot be transferred to an adult jail solely based on turning 18.  The current lengths of juvenile commitments range from 1 or 2 years, and a child charged with a youthful offender offense can be committed until age 21.  Commitments can be extended one year at a time until the child reaches 21 years of age.  CYFD may consider a reasonable request to release a child from a commitment at any time 60 days after the child has been committed.