SB324

SYNOPSIS: Under existing law, a minor who has attained 16 years of age may be charged, arrested, and tried as an adult for capital offenses, other specified felonies, and certain lesser included offenses.

This bill would repeal this provision and would allow for the transfer of a child 14 years of age or more from the juvenile court to the circuit court if the child is alleged to have committed a capital offense, other specified felonies, and certain lesser included offenses.

This bill would also specify that the transfer of a case from juvenile court to circuit court does not prohibit a circuit court judge from granting an individual youthful offender status.

Existing law also specifies who may be detained or confined in secure custody and when a child may be detained in a jail or other facility for the detention of adults.

This bill would provide that a child 14 years of age or older whose case was transferred from the juvenile court to the circuit court may be detained or confined in secure custody and would prohibit a person under the age of 18 from being detained or confined with adult inmates except for a period of up to six hours during the processing of the child's case.

A BILL TO BE ENTITLED AN ACT

To amend Sections 12-15-203 and 12-15-208, Code of Alabama 1975, and Section 12-15-208.1, Code of Alabama 1975, as last amended by Act 2015-185, 2015 Regular Session, relating to juvenile proceedings, to allow for the transfer of a child 14 years of age or more from the juvenile court to the circuit court if the child is alleged to have committed certain criminal offenses; to specify that the transfer of a case from juvenile court to circuit court does not prohibit a circuit judge from granting an individual youthful offender status; to provide that a child 14 years of age or older whose case was transferred from the juvenile court to the circuit court may be detained or confined in secure custody; and to prohibit certain persons under the age of 18 from being detained or confined with adult inmates except under certain conditions; to provide for retroactive application; and to repeal Section 12-15-204, Code of Alabama 1975, relating to acts for which a person who has attained age 16 shall be charged, arrested, and tried as an adult.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 12-15-203 and 12-15-208, Code of Alabama 1975, and Section 12-15-208.1, Code of Alabama 1975, as last amended by Act 2015-185, 2015 Regular Session, are amended to read as follows:

§12-15-203.

"(a) A prosecutor, before a hearing on a delinquency petition on its merits and after notifying, verbally or in writing, the juvenile probation officer, may file a motion requesting the juvenile court judge to transfer a child for criminal prosecution to the circuit or district court, if the child was 14 or more years of age at the time of the conduct charged and is alleged to have committed an act which would constitute a criminal offense as defined by this code if committed by an adult. one or more of the following acts:

"(1) A capital offense.

"(2) A Class A felony.

"(3) A felony which has as an element thereof the use of a deadly weapon.

"(4) A felony which has as an element thereof the causing of death or serious physical injury.

"(5) A felony which has an element thereof the use of a dangerous instrument against any person who is one of the following:

"a. A law enforcement officer or official.

"b. A correctional officer of official.

"c. A parole or probation officer or official.

"d. A juvenile court probation officer or official.

"e. A district attorney or other prosecuting officer or official.

"f. A judge or judicial official.

"g. A court officer or official.

"h. A person who is a grand juror, juror, or witness in any legal proceeding of whatever nature when the offense arises from, is caused by, or is related to, the role of the person as a juror, grand juror, or witness.

"i. A teacher, principal, or employee of the public education system of this state.

"(6) Trafficking in drugs in violation of Section 13A-12-231.

"(7) Any lesser included offense of one of the offenses enumerated in this subsection or any lesser felony offense charged arising from the same facts and circumstances and committed at the same time as the offenses listed in this subsection. Notwithstanding the foregoing, the juvenile court shall maintain original jurisdiction over the lesser included offense if the grand jury fails to indict for any of the offenses enumerated in subdivisions (1) to (6), inclusive, or those charges are otherwise dismissed. The juvenile court shall maintain original jurisdiction over the lesser included offenses, subject to double jeopardy limitations, if the court handling the criminal offenses dismisses all charges for offenses enumerated in subdivisions (1) to (6), inclusive. The juvenile court shall maintain jurisdiction for future charges not enumerated in subdivisions (1) to (6), inclusive, if charges are filed pursuant to this section but the grand jury fails to indict or the charges are otherwise dismissed.

"(b) The juvenile court judge shall conduct a hearing on all motions for the purpose of determining whether it is in the best interests of the child or the public to grant the motion. Only if there are no reasonable grounds to believe the child is committable to an institution, department, or agency for individuals with an intellectual disability or mental illness, may the juvenile court judge order the case transferred for criminal prosecution.

"(c) When there are grounds to believe that the child is committable to an institution, department, or agency for individuals with an intellectual disability or mental illness, the juvenile court judge shall order an examination pursuant to Section 12-15-130.

"(d) Evidence of the following and other relevant factors shall be considered in determining whether the motion shall be granted:

"(1) The nature of the present alleged offense.

"(2) The extent and nature of the prior delinquency record of the child.

"(3) The nature of past treatment efforts and the nature of the response of the child to the efforts.

"(4) Demeanor.

"(5) The extent and nature of the physical and mental maturity of the child.

"(6) The interests of the community and of the child requiring that the child be placed under legal restraint or discipline.

"(e) Prior to a hearing on the motion by the prosecutor, a written study and report to the juvenile court judge, relevant to the factors listed in subsection (d), shall be made by a juvenile probation officer.

"(f) When a child is transferred for criminal prosecution, the juvenile court judge shall set forth in writing his or her reasons for granting the motion, which shall include a finding of probable cause for believing that the allegations are true and correct.

"(g) The finding of probable cause by the juvenile court judge shall preclude the necessity for a preliminary hearing subsequent to the transfer of the case for criminal prosecution, and the court having jurisdiction of the offense or offenses charged may exercise any authority over the case and the child, subsequent to the transfer, which is otherwise applicable to cases involving adult offenders pursuant to provisions of laws or rules of procedure adopted by the Supreme Court of Alabama.

"(h) A child who is transferred to a court for criminal prosecution shall be tried as an adult for the offense charged and all lesser included offenses of the offense charged.

"(i) A conviction or adjudication as a youthful offender of a child of a criminal offense, with the exception of a nonfelony traffic offense, shall terminate the jurisdiction of the juvenile court over that child with respect to any future delinquent acts and with respect to any pending allegations of delinquency which have not been disposed of by the juvenile court at the time of the criminal conviction or adjudication as a youthful offender. Any pending or future criminal acts committed by the child shall be prosecuted as other criminal charges are prosecuted. Termination of the jurisdiction of the juvenile court over the child with respect to future criminal charges and pending allegations of delinquency, as provided herein, shall not affect the jurisdiction of the juvenile court over the child with respect to any other matter provided in this chapter, specifically including any prior allegations of delinquency which, at the time of the criminal conviction, has been disposed of by the juvenile court either through informal adjustment, consent decree, or adjudication. The juvenile court is specifically authorized, to the extent practicable, to continue exercising its jurisdiction over the child with respect to such previously disposed delinquency cases after the termination of its jurisdiction with respect to other criminal charges, including jurisdiction to enforce its order requiring the payment of fines, costs, restitution, or other money ordered by the juvenile court pursuant to Section 12-15-117.

"(j) Nothing in this section shall prohibit a circuit court judge from granting an individual youthful offender status.

(k) The act adding this amendatory language shall apply to all cases in which the alleged criminal conduct occurred after April 14, 1994.

§12-15-208.

"(a) Persons who shall not be detained or confined in secure custody include all of the following:

"(1) STATUS OFFENDERS. Effective October 1, 2009, status offenders, as defined in this article, shall not be detained or confined in secure custody, except that a status offender who is charged with or who commits a violation of a valid court order may be detained in secure custody in a juvenile detention facility for up to 72 hours in any six-month period, provided that all conditions set forth in subdivision (3) of subsection (b) are satisfied. Short-term secure custody of accused status offenders may be necessary, such as detention in a juvenile detention facility for a brief period, not exceeding 24 hours, prior to formal juvenile court action, for investigative purposes, for identification purposes, or for the purpose of allowing return of a status offender to the parent, legal guardian, or legal custodian. Detention for a brief period of time pursuant to juvenile court authority may also be necessary in order to arrange for appropriate shelter care placement. If a petition regarding an alleged status offender is filed in juvenile court and if it is determined that the alleged status offender is at imminent risk of being placed in the legal or physical custody of the Department of Human Resources, the case shall be referred to the county children's services facilitation team, and the procedures in Article 5 shall be followed. Upon referral to the county children's services facilitation team, the juvenile probation officer shall continue to provide case management to the status offender unless the county children's services facilitation team appoints another person to act as case manager. The juvenile probation officer shall participate in county children's services facilitation team meetings and share records information and reports on the status offender with the county children's services facilitation team.

"(2) FEDERAL WARDS. Federal wards held beyond 24 hours in secure custody in state and local juvenile detention facilities pursuant to a written contract or agreement with a federal agency and for the specific purpose of affecting a jurisdictional transfer or appearance as a material witness or for return to their lawful residence or country of citizenship shall be reported as violations of the deinstitutionalization of status offender requirement.

"(3) NONOFFENDERS. Nonoffenders, as defined in this article, shall not be detained or confined in secure custody.

"(4) CHILDREN 10 YEARS OF AGE AND YOUNGER. Children 10 years of age and younger shall not be detained or confined in secure custody, unless the children are charged with offenses causing death or serious bodily injury to persons or offenses that would be classified as Class A felonies if committed by adults. Children 11 or 12 years of age may only be detained or confined in secure custody by orders of juvenile courts, unless the children are charged with offenses causing death or serious bodily injury to persons or offenses that would be classified as Class A felonies if committed by adults.

"(b) Persons who may be detained or confined in secure custody include all of the following:

"(1) Persons who violate the federal law, which prohibits possession of a handgun by a child under the age of 18 years, or who violate a similar state or municipal law, may be placed in secure custody in juvenile detention facilities.

"(2) Persons in custody pursuant to the Interstate Compact on Juveniles, contained in Section 44-2-1, et seq., may be placed in secure custody in juvenile detention facilities.

"(3) Status offenders who violate a valid court order. A status offender who is charged with or has committed a violation of a valid court order may be detained in secure custody in a juvenile detention facility for up to 72 hours in any six-month period. Status offenders who violate valid court orders shall not be committed to the Department of Youth Services, nor shall they be held in jails or lockups for adult offenders. For this valid court order exception to apply, the following actions must occur whenever a status offender is taken into custody for violating a valid court order:

"a. The juvenile detention facility shall immediately notify the juvenile court intake or probation officer that the child is being held in secure custody for violating a valid court order. The notice shall include the date and time the child entered the juvenile detention facility.

"b. Within the first 24 hours during which a status offender is held in secure custody for violating a valid court order, not including weekends or holidays, a juvenile court intake or probation officer, or an authorized representative of the department or agency having custody or supervision of the child, shall interview the child, in person.

"c. Within 48 hours of the admission of the status offender to secure custody for violating a valid court order, not including weekends or holidays:

"1. The individual who interviewed the child shall submit a written assessment report to the juvenile court regarding the immediate needs of the child; and

"2. If the juvenile court has not yet determined whether the child has, in fact, violated the order, the juvenile court shall conduct a hearing to determine whether there is reasonable cause to believe that the child violated the order and the appropriate placement of the child pending disposition of the alleged violation.

"(4) A child transferred to the circuit court pursuant to Section 12-15-203.

"(c)(1) Compliance with jail removal. No person under the age of 18 years shall be detained or confined in any jail or lockup for adults except for the following exceptions: that a

"(1) A child may be detained in a jail or lockup for adults for up to six hours while processing the case of the child.

"(2) A child transferred for criminal prosecution pursuant to Section 12-15-203 may be detained in a jail or lockup for adults.

"(3) A person charged pursuant to Section 12-15-204 may be detained in a jail or lockup for adults.

"(2) When a case is transferred to another court for criminal prosecution, the person shall be transferred to the appropriate officer or jail or lockup in accordance with the law governing the detention of the person charged with the crime. Jails and lockups used for holding adults shall not hold status offenders in secure custody at any time. An accused status offender may be detained in a nonsecure area of a jail or lockup for processing while waiting transportation to a nonsecure shelter care facility or a juvenile detention facility or while waiting for release to a parent, legal guardian, or legal custodian.

"Nothing in this subsection shall prohibit a circuit court judge exercising criminal jurisdiction from recommending that a child described in subdivision (2) or (3) should be placed in a juvenile detention center instead of an adult jail or lockup.

"(d)(1) Compliance with separation. Accused or adjudicated delinquent children or status offenders shall not have contact with adult inmates, including trusties trustees. Contact is defined to include any physical or sustained sight and sound contact. Sight contact is defined as clear visual contact between adult inmates and accused or adjudicated delinquent children or status offenders within close proximity to each other. Sound contact is defined as direct verbal communication between adult inmates and accused or adjudicated delinquent children or status offenders. For the purposes of this subsection "adult inmate" means a person over the age of 18 years.

"(2) No child shall enter pursuant to public authority, for any amount of time, in secure custody in a secure section of a jail, lockup, or correctional facility for adults as a disposition of an offense or as a means of modifying his or her behavior (e.g., Shock Incarceration or Scared Straight).

"(e) Except as provided above, in providing detention and shelter or other care for children referred to or coming under the jurisdiction of the juvenile court, the juvenile court shall utilize only those facilities as have been established, licensed, or approved by the Department of Youth Services or Department of Human Resources for those purposes.

"(f) After October 1, 1991, the Department of Youth Services shall accept all children committed to it within seven days of notice of disposition.

"(g) Except as provided above, the official in charge of a jail or lockup for the detention of adult offenders or persons charged with crimes shall inform the juvenile court immediately when a child, who is or appears to be a child as defined by this chapter, is received at the jail or lockup. Upon request, the official shall deliver the child to the juvenile court or transfer him or her to a juvenile detention facility designated by the juvenile court.

"(h) The Department of Youth Services shall continue to develop and implement a statewide system of juvenile detention facilities which shall be licensed by the Department of Youth Services for the detention of children.

"(i) The Department of Youth Services shall subsidize the detention of children in the juvenile detention facilities in an amount up to one half the average cost of detention, which term is defined in this article, the amount depending on the provision of funds by the Legislature to the Department of Youth Services. Juvenile detention facilities may contract with the Department of Youth Services or other counties for the detention of children.

"(j) When a case is transferred to another court for criminal prosecution, the child shall be transferred to the appropriate officer or jail or lockup in accordance with the law governing the detention of the person charged with criminal offenses.

"(k) Any law enforcement officer, at the direction of the juvenile court, shall provide security and transportation services for the juvenile court in transporting children to and from juvenile detention facilities.

§12-15-208.1.

"(a) No person under the age of 18 years, including one who has been transferred for criminal prosecution pursuant to Section 12-15-203 or charged pursuant to Section 12-15-204, shall be detained or confined in any facility under the control of the Department of Corrections unless the facility is fully compliant with the sight and sound separation requirements in subsection (d) of Section 12-15-208. The use of solitary confinement or other practice resulting in extended isolation as a method of complying with subsection (d) of Section 12-15-208 shall be prohibited.

"(b) The implementation of this section shall be contingent on funds being appropriated to accomplish this provision."

Section 2. Section 12-15-204, Code of Alabama 1975, relating to acts for which a person who has attained age 16 shall be charged, arrested, and tried as an adult, is repealed.

Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Crimes and Offenses

Criminal Law and Procedure

Court, Juvenile

Children

Court, Circuit

Code Repealed

Code Amended