Found 523 matches.
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Sign-on Letter Coalition for Smart Safety
Tags: General System Reform | Risk Assessment and Screening | Advocacy | Legislation
Letter by the Coalition for Smart Safety and allies in strong opposition to the Luke and Alex School Safety Act of 2021 (S.111/H.R. 750) which focuses on measures such as threat mitigation, incident response, SROs, and hardening schools to make schools safe rather than restorative justice and other positive behavior practices.
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JJDPA Reauthorization Fact Sheet December 2018
Tags: Federal | Legislation
Fact sheet on major changes to the JJDPA in the December 2018 reauthorization.
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LGBTQI Youth in Juvenile Justice Settings: Closing the Gap between Recommended Practice and Reality
Tags: Federal | New York | Collateral Consequences | Crime Data and Statistics | Juvenile Defense and Court Process | LGBTQ Youth | Mental Health and Substance Abuse | Physical Health | Positive Youth Development and Strengths-Based Programming | Prevention | School-to-Prison Pipeline | Evidence-Based Practices | Advocacy | Administrative/Regulatory Policies | Court Decisions and Related Documents | Legislation | Presentations | Reports | Research | Partner Publications | Fact Sheets and Briefs
This presentation from NJJN Forum 2018 was developed by Currey Cook, Youth in Out-of-Home Care Project Director at Lambda Legal, and provides information on how LGBTQ youth are disproportionately represented in the justice system and legal protections granted to members of the LGBTQ community.
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1/11/18 – Letter in support of the Byrne Justice Assistance Grant (Byrne JAG) program. National Criminal Justice Association
Tags: Federal | Public Opinion and Messaging | Legislation | Media
Letter in support of the Byrne Justice Assistance Grant (Byrne JAG) program. National Criminal Justice Association
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Request to congressional leaders to immediately enact a strong, five-year extension of the Children’s Health Insurance Program (CHIP). First Focus.
Tags: Federal | Physical Health | Administrative/Regulatory Policies | Legislation
12/13/17 – Request to congressional leaders to immediately enact a strong, five-year extension of the Children’s Health Insurance Program (CHIP). First Focus.
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RE: Defense Department 1033 Program and the militarization of police
Tags: Federal | District of Columbia | Public Opinion and Messaging | Administrative/Regulatory Policies | Legislation
Message to U.S. House of Representatives to suspend the 1033 program in a wake of the Trump administration’s revocation of President Obama’s 2015 Executive Order 13688 and its ensuing recommendations, which placed critical limits on federal programs that provide military equipment to law enforcement agencies, until Congress and the public understand—through Congressional hearings—what steps the federal government is taking to provide oversight and accountability of these programs amidst the racial tension in this country.
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RE: Defense Department 1033 Program and the militarization of police
Tags: Federal | District of Columbia | Public Opinion and Messaging | Administrative/Regulatory Policies | Legislation
Message to U.S. Senate to suspend the 1033 program in a wake of the Trump administration’s revocation of President Obama’s 2015 Executive Order 13688 and its ensuing recommendations, which placed critical limits on federal programs that provide military equipment to law enforcement agencies, until Congress and the public understand—through Congressional hearings—what steps the federal government is taking to provide oversight and accountability of these programs amidst the racial tension in this country.
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Updated Statement on HR 3697 9.22.17 (Criminal Alien Gang Removal Act)
Tags: Federal | Crime Data and Statistics | Gangs | Immigration | International and Human Rights | Legislation | Member Publications | Partner Publications
Urges Senate Judiciary Committee Chm. Grassley and Ranking Member Feinstein to oppose the Criminal Alien Gang Member Removal Act, H.R. 3697. National Juvenile Justice and Delinquency Prevention Coalition (NJJDPC).
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FY18 LSC Support Letter FINAL
Tags: Federal | Family and Youth Involvement | Juvenile Defense and Court Process | Fines and Fees | Advocacy | Administrative/Regulatory Policies | Legislation | Member Publications | Partner Publications
Letter to Appropriations Committee leaders in support of continued investment in the Legal Services Corporation (LSC). ABA Center on Children and the Law.
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Children's Groups Letter to Hill_Do No Harm
Tags: Federal | Family and Youth Involvement | Physical Health | Public Opinion and Messaging | Advocacy | Administrative/Regulatory Policies | Legislation | Member Publications | Partner Publications
Urges majority and minority leaders of House and Senate to keep the unique needs of children front and center and adopt a “do no harm” standard for children as they consider any changes to the nation’s health care system. Children’s Defense Fund.
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Consortium for Citizens with Disabilities
Tags: Federal | International and Human Rights | Physical Health | Public Opinion and Messaging | Advocacy | Administrative/Regulatory Policies | Legislation | Member Publications | Partner Publications
Letter of Opposition to the Americans with Disabilities Act (ADA) Education and Reform act of 2017 (H.R. 620). H.R. 620 would create significant obstacles for people with disabilities to enforce their rights under Title III of the Americans with Disabilities Act (ADA) to access public accommodations, and would impede their ability to engage in daily activities and participate in the mainstream of society. Consortium for Citizens with Disabilities (CCD) and Coalition Partners.
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MERCY Act Letter of Support 2 6 17
Tags: Federal | Detention | General System Reform | International and Human Rights | Juvenile Defense and Court Process | Youth in the Adult System | Advocacy | Administrative/Regulatory Policies | Court Decisions and Related Documents | Legislation | Member Publications | Partner Publications
Letter of support for the MERCY Act. Sponsored by Sen. Cory Booker to protect young people from solitary confinement. Juvenile Law Center.
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Charging Youth As Adults Is Ineffective, Bias-Fraught & Harmful
Tags: California | Brain and Adolescent Development | Collateral Consequences | Crime Data and Statistics | Detention | Racial and Ethnic Disparities | General System Reform | Juvenile Defense and Court Process | Mental Health and Substance Abuse | Positive Youth Development and Strengths-Based Programming | Risk Assessment and Screening | Youth in the Adult System | Victims | Evidence-Based Practices | Legislation | Reports | Research
Prop. 57 passed this past November, one section took away from prosecutors the power to cause a young person to be tried as an adult out, and gave the power back to judges. The report includes disproportionality of race and geography in adult sentencing.
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Bill would address racial disparities in NJ laws
Tags: New Jersey | Racial and Ethnic Disparities | Public Opinion and Messaging | Legislation
Legislation, S-677 (A-3677), authorizes racial impact statements for proposed criminal justice policies to address the disproportionate incarceration rates of African Americans. New Jersey has the highest black/white disparity in its prisons.
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Comments on Juvenile Registration Under SORNA - Youth Justice Alliance
Tags: Federal | National | Sex Offender Registries | Administrative/Regulatory Policies | Legislation
A Youth Justice Alliance urges the SMART office to: 1) Hold a full public hearing on the proposed guidelines to examine unintended consequences and alternative approaches that would better serve public safety before finalizing; 2) Convene a task force to study and recommend best practices for youth charged with sex offenses; 3) Revise the guidelines to incentivize evidence-based practices proven to prevent and intervene with sexual harm, and; 4) Move toward implementing a system that both reassures states they will not lose Byrne grant funding if they do not register youth and also discourages state policies that require youth registration.
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WA Fourth Substitute House Bill 1541 (4SBH 1541)
Tags: Washington | School-to-Prison Pipeline | Legislation
Legislation that explicitly requires school districts in state of Washington to continue providing educational services to students who are suspended or expelled, equivalent to those they would receive in school.
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Comments on Juvenile Registration Under SORNA - Just Kids
Tags: Federal | National | Sex Offender Registries | Administrative/Regulatory Policies | Legislation
A diverse and bi-partisan alliance called Just Kids suggests that the SMART Office move towards implementing a system that both reassures states they will not lose Byrne grant funding if they do not register youth and also discourages state policies that require youth registration.
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Comments on Juvenile Registration Under SORNA - Researchers with Expertise on Juvenile Sexual Offending
Tags: Federal | National | Sex Offender Registries | Administrative/Regulatory Policies | Legislation
Various researchers with expertise on youth who have committed sexual offenses recommend that the SMART Office emphasize evidence-based treatment rather than registration and waiver as a way to manage youth who have sexually offended.
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Vermont - Act 153 (H. 95) - Re: jurisdiction over delinquency proceedings
Tags: Vermont | Brain and Adolescent Development | General System Reform | Institutional Conditions | Youth in the Adult System | Legislation
Act 153 of 2016 relates to jurisdiction over delinquency proceedings by the Family Division of the Superior Court. Among other things, it requires DOC to house offenders under 25 in a separate facility, sets a timetable for raising the age eventually to 18 for all initial filings including felonies (except the "Big 12") into family court, and expands "youthful offender" status available to youth 12-21.
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Vermont - Act 153 (H. 95) - Summary
Tags: Vermont | Brain and Adolescent Development | General System Reform | Institutional Conditions | Youth in the Adult System | Legislation
Act 153 requires DOC to house offenders under 25 in a separate facility, sets a timetable for raising the age eventually to 18 for initial filings including most felonies and moving them into family court; expands "youthful offender" status available to youth 12-21.
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Florida Decreases Time for Automatic Expunction of Juvenile Records
Tags: Florida | Confidentiality | Legislation
Senate Bill 386 requires the Florida Department of Law Enforcement (FDLE) to automatically expunge the criminal records of youth after the age of 21 if they are not classified as serious or habitual offenders and have not been committed to a youth prison. Prior law required the FDLE to retain these records until the individual reached 24 years of age. Under S.B. 386, youth that meet certain criteria and who are between 18 and 20 years old, can apply to have their juvenile record expunged before the automatic expunction. While past law stated that a minor only has 12 months after the successful completion of a prearrest or post arrest diversion program to file for the expunction of their record, this bill deletes that requirement and allows minors to file after 12 months. Senate Bill 386 was introduced by Senator Nancy Detert and the Fiscal Policy Committee and co-introduced by Senators Soto, Joyner, and Evers. S.B. 386 was signed into law on March 10, 2016.
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California Strengthens Confidentiality Protections for Immigrant Youth
Tags: California | Confidentiality | Immigration | Legislation
Assembly Bill 899 clarifies that it is unlawful for local and state entities to share confidential information from juvenile court proceedings with federal officials without a court order upon the filing of a petition. The bill also expands the definition of “juvenile information” to include not only the case file, but also information related to the youth, including name, date or place of birth, and immigration status. The stated intent of the law is to ensure that court records from the juvenile justice system remain confidential regardless of the youth’s immigration status. The legislature also reiterated its intent to protect the confidentiality of information connected to juvenile justice court proceedings that are maintained by any government agency, including law enforcement. Assembly Bill 899 was authored by Assembly Member Marc Levine and signed into law on September 4, 2015.
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North Carolina Juvenile Code Reform Legislation (HB 879) Becomes Effective December 1, 2015
Tags: North Carolina | Confidentiality | Deinstitutionalization | Juvenile Defense and Court Process | Prevention | Legislation
Summary of North Carolina HB 879 (enacted as S.L. 2015-58); increases due process protections for juveniles, reduce further entry of juveniles in the delinquency system, and reduce juvenile confinement.
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Virginia H.B. 1443 - Restraint and Seclusion
Tags: Virginia | School-to-Prison Pipeline | Legislation
2015 Virginia bill H.B. 1443 requiring restrictions be placed on the use of restraint and seclusion in public schools.
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Virginia S.B. 782 - Restraint and Seclusion
Tags: Virginia | School-to-Prison Pipeline | Legislation
2015 Virginia S.B. 782 requiring restrictions be made on the use of restraint and seclusion in schools.
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Missouri S.B. 36 -
Tags: Missouri | Institutional Conditions | Mental Health and Substance Abuse | Youth in the Adult System | Legislation
Text of Missouri S.B. 36, 2013, or "Jonathan's Law," which provides new guidelines expanding the possibility of dual jurisdiction for youth in the adult justice system.
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Act-4-JJ Press Release: Bipartisan consensus on strengthening federal law to reduce incarceration, make state juvenile justice systems more fair, improve public safety
Tags: National | Racial and Ethnic Disparities | General System Reform | Status Offenses | Youth in the Adult System | Legislation | Media | Partner Publications
Act-4-JJ's press statement regarding the bill introduced on December 11, 2014 by Sens. Whitehouse and Grassley that would reauthorize the Juvenile Justice Delinquency Prevention Act (JJDPA).
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Bill: Juvenile Justice and Delinquency Prevention Act Reauthorization, December 11, 2014
Tags: National | Racial and Ethnic Disparities | General System Reform | Status Offenses | Youth in the Adult System | Legislation
The content of the bill introduced on December 11, 2014 by Sens. Whitehouse and Grassley that would reauthorize the Juvenile Justice and Delinquency Prevention Act (JJDPA).
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JJDPA Reauthorization Bill - Summary - December, 2014
Tags: Iowa | Rhode Island | National | Racial and Ethnic Disparities | General System Reform | Status Offenses | Youth in the Adult System | Legislation | Reports | Partner Publications
ACT-4-JJ summarizes the content of a bill that would reauthorize the Juvenile Justice Delinquency Prevention Act (JJDPA), introduced by Sens. Whitehouse and Grassley on December 11, 2014.
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Press Release: JJDPA Reathorization Bill, December 2014
Tags: Iowa | Rhode Island | National | Racial and Ethnic Disparities | General System Reform | Status Offenses | Youth in the Adult System | Legislation | Media | NJJN Publications
A joint press release from the National Juvenile Justice Network and the Coalition for Juvenile Justice regarding the December 11, 2014 re-introduction of the Juvenile Justice and Delinquency Prevention Act (JJDPA) by Sens. Whitehouse and Grassley.
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California Ensures Reenrollment Rights for Youth Returning from Juvenile Justice Facilities
Tags: California | Aftercare/Reentry | Community-Based Alternatives and Supervision | Legislation
Assembly Bill 2276 requires a pupil who has had contact with the juvenile justice system to be immediately enrolled in a public school. The legislation also has several mechanisms to facilitate the successful transition of these youth into the public schools. It requires the county office of education and county probation department to develop joint transition planning policies on issues such as improving communication regarding the release dates and educational needs of juvenile justice involved youth, coordinating the immediate school placement and enrollment of these youth, and ensuring probation officers have the information that they need to support the youths’ return to public school. Additionally, subject to funding, it requires the convening of a statewide group to study successful county programs and develop model policies relating to the prompt transfer of education records and credits and the immediate enrollment of students transferred from juvenile justice schools. Assembly Bill 2276 was authored by Assembly Member Raul Bocanegra and signed into law on September 30, 2014.
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California Passes Law to Reduce Foster Care Youths’ Referral and Detention in the Juvenile Justice System
Tags: California | Crossover and Dual Jurisdiction Youth | Legislation
Assembly Bill 388 sets up a number of new policies, reporting, and monitoring procedures to reduce the inappropriate referral and detention of foster youth from group homes and other placements into the juvenile justice system for minor incidents and typical adolescent behavior. A.B. 388 requires group homes, transitional housing, community treatment facilities or runaway and homeless youth shelters to report any incident involving law enforcement. It also requires the Community Care Licensing Division of the Department of Social Services (CDSS) to inspect facilities with greater than average law enforcement contacts, to develop performance standards and outcome measures requiring facilities for foster youth to implement programs, services, and protocols to minimize law enforcement contacts, and to publish annual reports on group home law enforcement contacts, complaints, and licensing suspensions. The new legislation limits secure detention of foster youth through a number of mechanisms including prohibiting courts from detaining youth in secure confinement based on the youth’s status as a foster youth or on the child welfare system’s inability to provide a placement for the youth. Assembly Bill 388 was authored by Assembly Member Chesbro and co-sponsored by The Youth Law Center, California Youth Connection, Children’s Advocacy Institute, and Public Counsel. A.B. 388 was signed into law on September 29, 2014.
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California Protects Youth from Unreasonable Delays in Moving Out of Post-Dispositional Detention
Tags: California | Crossover and Dual Jurisdiction Youth | Juvenile Defense and Court Process | Legislation
Assembly Bill 2607 addresses the issue of youth who are currently held in secure detention for long periods of time following disposition while they await an appropriate placement. Many of these youth are foster youth who are detained in part because they do not have a home to which they can return. The legislation adds new criteria for determining whether the delay is unreasonable which include delays attributable to the probation officer’s failure to make reasonable efforts to identify an appropriate and available placement. If the court finds the delay to be unreasonable, it must order the probation officer to assess the availability of suitable temporary placements and can place the youth in a nonsecure placement or alternative to detention after consultation with all parties. Assembly Bill 2607 was authored by Assembly Member Nancy Skinner and was signed into law on September 26, 2014.
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California Requires Incarcerated Individuals under the Age of 22 be Considered for a Lower Security Level Placement
Tags: California | Institutional Conditions | Youth in the Adult System | Legislation
Assembly Bill 1276 requires the Department of Corrections and Rehabilitation to conduct individual assessments of every person under the age of 22 who is entering state prisons and to consider placing these youth at a lower security level than corresponds with their classification level and in a facility that permits increased access to rehabilitation programs. Previously, youth under the age of 22 were routinely sent to the highest security prison yards, known as “level IV” yards. The legislation also allows youth who did not qualify for a lower security level to have their placement reconsidered at their annual review until the age of 25. Assembly Bill 1276 was authored by Assembly Member Richard Bloom, with principal co-author Senator Hancock, sponsored by Human Rights Watch and co-sponsored by the Los Angeles District Attorney’s Office and the Anti-Recidivism Coalition. A.B. 1276 was signed into law on September 26, 2014.
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Wyoming Bans Mandatory Life without Parole for Youth Under 18, Bear Cloud v. State, 294 P.3d 36 (2013)
Tags: Wyoming | Juvenile Defense and Court Process | Life Without Parole and Parole Issues | Court Decisions and Related Documents | Legislation
Following Miller v. Alabama and a state Supreme Court case (Bear Cloud v. State, 294 P.3d 36 (2013)), Wyoming eliminated mandatory life without parole sentences for crimes committed by youth under age 18. Youth may still be sentenced to life without parole for certain crimes, but must become eligible for parole once they have served at least 25 years, or if their sentence is commuted to a term of years. H.B. 23/Act No. 18, signed into law February 14, 2013; effective July 1, 2013.
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Kentucky S.B. 200, 2014 (Juvenile Justice System Reform)
Tags: Kentucky | Community-Based Alternatives and Supervision | Deinstitutionalization | General System Reform | School-to-Prison Pipeline | Status Offenses | Legislation
The full text of Kentucky's 2014 S.B. 200, an omnibus bill that requires sweeping changes to the state's juvenile justice system.
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Washington Continues to Push for Use of Evidence-Based Practices, Updated Inventory of Evidence-based, Research-based, and Promising Practices
Tags: Washington | Evidence-Based Practices | Legislation | Reports
Based on the positive reports produced by the Washington State Institute for Public Policy, the Washington State Legislature passed a law requiring a thorough overview, inventory, and assessment of evidence-based, research-based, and promising practices in the areas of child welfare, juvenile rehabilitation, and children’s mental health services. The legislation aims to develop a baseline understanding of the availability and use of such practices in the state, understand their cost-effectiveness, and increase their use in the state in a culturally competent manner. The inventory is updated regularly. H.B. 2536/Act No. 232, signed into law March 30, 2012; effective June 7, 2012.
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California Provides Automatic Dismissal of Juvenile Petitions and Sealing of Records
Tags: California | Confidentiality | Legislation
Senate Bill 1038 requires the Juvenile Court to seal the record and dismiss the charges of youth who have successfully completed probation or diversion in all cases other than those categorized by law as “serious and violent crimes” for which minors may be “direct-filed” in adult criminal court. The legislation allows the court to dismiss charges and seal the records for individuals beyond the age of 21 “in the interests of justice.” The bill permits prosecutors and probation officers to access sealed records only for the limited purpose of determining eligibility for a “deferred entry of judgment” and allows the court to access a sealed file only in order to determine the eligibility of youth who have petitioned the court for continued foster care services.. Senate Bill 1038 was authored by Senator Mark Leno and signed into law on August 22, 2014.
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Slow to Act: State Responses to 2012 Supreme Court Mandate on Life Without Parole
Tags: National | General System Reform | Legislation
In 2012, Miller v. Alabama ruled that juveniles can't be automatically sentenced to life in prison without parole. Resulting in several states revising their juvenile sentencing laws, however not all states have adopted this view. Miller v. Alabama serves as a good reminder that kids aren't adults, and should be treated accordingly.
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California Bans Incarceration of Truant Youth
Tags: California | School-to-Prison Pipeline | Status Offenses | Legislation
Senate Bill 1296 prohibits a court from securely detaining or otherwise taking into custody youth who were adjudicated truant and failed to comply with a valid court order to attend school. The legislation authorizes a court to issue any other lawful order, as necessary, to secure the youth’s attendance at school. Although past laws specifically prohibited incarceration of adjudicated truants, court decisions had created a loophole. The decisions held that when a youth had been ordered to attend school and still failed to do so, the court was then permitted to incarcerate that youth for violating court orders. This legislation closed that loophole and decriminalized truancy. Senate Bill 1296 was authored by Senator Mark Leno and signed into law on June 28, 2014.
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Youth Offender Accountability and Rehabilitation Act of 2014 (Washington, D.C.)
Tags: District of Columbia | Youth in the Adult System | Legislation
The Youth Offender Accountability and Rehabilitation Act of 2014, introduced by Councilmembers Jim Graham and Tommy Wells, to improve adultification policies in the district.
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Colorado H.B. 1032
Tags: Colorado | Juvenile Defense and Court Process | Legislation
Colorado House Bill 1032 is designed to ensure access to counsel by establishing early appointment of counsel at detention hearings, better access to counsel before first appearances, safeguards on the waiver of counsel, and clarifies that a Guardian ad Litem is not a substitute for defense counsel. This bill is scheduled to be signed by the Governor on May 21, 2014 and becomes effective November 1, 2014.
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Maryland H.B. 1295, 2014, Juvenile Court Transfers
Tags: Maryland | Youth in the Adult System | Legislation
Maryland H.B. 1295, 2014, repealing laws that prohibited some juvenile court transfers.
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Maryland S.B. 515, 2014, Juvenile Court Transfers
Tags: Maryland | Youth in the Adult System | Legislation
Maryland S.B. 515, repealing laws that prohibit transfers to juvenile court.
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Vermont Engages in Cost-Benefit Analysis of Criminal and Juvenile Justice Practices, Criminal Consensus Cost-Benefit Working Group Final Report
Tags: Vermont | Fiscal Issues and Funding | Juvenile Defense and Court Process | Evidence-Based Practices | Legislation | Reports
The Vermont legislature charged the Criminal Consensus Cost-Benefit Working Group with developing a criminal and juvenile justice cost-benefit model for the state. The goal of the model is to provide policymakers with information needed to weigh the costs and benefits of various programs and to evaluate those policies with the greatest net social benefit. Specifically, the model will be used to estimate costs related to arrest, prosecution, defense, adjudication, and corrections of adults and youth, as well as the cost of victimization. A report submitted by the working group in April 2014 recommends that the state “reinvigorate” its commitment to evidence-based programs, study staff costs further (as having the greatest potential to generate cost savings), and provide the results of their study to criminal and juvenile justice agencies in the state, along with technical assistance for those agencies to evaluate opportunity costs. S.B. 1/Act No. 0061, signed into law and effective June 3, 2013.
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Nevada A.B. 202, 2013
Tags: Nevada | Youth in the Adult System | Legislation
Nevada A.B. 202, 2013, raising the age of juvenile court jurisdiction.
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Nevada S.B. 107, 2013
Tags: Nevada | General System Reform | Institutional Conditions | Legislation
Nevada's S.B. 107, 2013, restricting the use of solitary confinement for youth.
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Oregon H.B. 4037 (2014)
Tags: Oregon | Youth in the Adult System | Legislation
Text of a bill drafted by the Partnership for Safety and Justice regarding the immediate transfer of youth convicted as adults to a youth facility rather than being processed through an adult facility.
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Minnesota Establishes Work Group to Address Juvenile Justice System Goals, Juvenile Justice Work Group Report to the Minnesota Legislature
Tags: Minnesota | Evidence-Based Practices | Legislation
he Minnesota Legislature passed a law establishing a work group to discuss statewide goals for youth in the juvenile justice system, necessary services for youth in the juvenile justice system and their families, strategies for identifying and responding to the needs of youth in the system or at risk of entering it, and system changes needed in order to better respond to these needs. The legislation also instructs the work group to develop an implementation plan to achieve service delivery and meet outcome goals. The work group submitted its report in March 2014, calling for funding for evidence-based early intervention programs, improved mental health screenings in the juvenile justice and child welfare systems, and the creation of a state Office of Juvenile Justice to help implement the work group’s recommendations. S.F. 671/Act. No.86, signed into law May 23, 2013; effective August 1, 2013. Juvenile Justice Work Group Report to the Minnesota Legislature, March 2014.
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Michigan H.B. 4808, 2013-14
Tags: Michigan | Life Without Parole and Parole Issues | Legislation
Michigan H.B. 4808 regarding mandatory sentencing and life sentences for youth. This version was passed by the House and is the most current version as of February 5, 2014.
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Michigan S.B. 318, 2013-14
Tags: Michigan | Life Without Parole and Parole Issues | Legislation
Michigan S.B. 318 for the 2013-14 legislative session. Regarding mandatory sentencing of youth. This bill was passed by the Senate and is the most current version as of February 5, 2014.
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Michigan S.B. 319, 2013-14
Tags: Michigan | Life Without Parole and Parole Issues | Legislation
Michigan S.B. 319 for the 2013-14 legislative session, regarding mandatory sentencing and life sentences for youth. Version passed by the House and Senate, and up-to-date as of February 5, 2014.
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Oregon S.B. 463
Tags: Oregon | Racial and Ethnic Disparities | Legislation
The 2013 Oregon Senate Bill requiring that the Oregon Criminal Justice Commission create, upon request of any member of the Legislative Assembly, a racial impact statement for proposed legislation.
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Appendix 2: Compendium of School Discipline Laws and Regulations for the 50 States, Washington, D.C., and Puerto Rico
Tags: Federal | School-to-Prison Pipeline | Legislation | Research | Web-Based Tools
Appendix 2 of the Department of Education and Department of Justice's federal guidelines on school discipline. This appendix compiles laws and regulations regarding school climate and school discipline for each state in the U.S., plus Washington, D.C. and Puerto Rico.
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Georgia H.B. 242
Tags: Georgia | General System Reform | Legislation
Georgia legislation reforming the state's juvenile code. 2013-14 legislative session.
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DC, Fiscal Year 2014 Support Act of 2013, B20-0199, 2013
Tags: District of Columbia | Community-Based Alternatives and Supervision | Crime Data and Statistics | Fiscal Issues and Funding | Legislation
Outlines the fiscal year 2014 DC budget including a section on a working group dedicated to alternatives to juvenile arrests and secured detention.
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Legislative Task Force Recommends Increased Community-Based Programming, S.C.R. 35 Task Force Report
Tags: Kentucky | Community-Based Alternatives and Supervision | Legislation | Reports
Building on the work of a task force created in 2012 to study the Unified Juvenile Code (H.C.R. 129/Act No. 37), a 2013 task force in Kentucky studied issues related to youth who commit status offenses, alternatives to detention, reinvestment of savings from reduced use of facilities to create community-based treatment programs, and the feasibility of establishing an age of criminal responsibility, among other issues. The task force’s report, released December 19, 2013, found that Kentucky spends over half of its budget on secure and non-secure residential facilities; significant resources are spent on out-of-home placements for youth who commit status offenses; there is a lack of funding for community-based services and alternatives; and the majority of cases in the juvenile justice system are for lower-level offenses. The task force recommended expanding community-based services; focusing out-of-home placements on youth who commit more serious offenses, and reinvesting resulting savings in prevention and early intervention efforts; increasing the effectiveness of juvenile justice programs and services and improving oversight of reform implementation; and tracking performance measures. S.C.R. 35, signed into law March 14, 2013.
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Nebraska Establishes Commission to Study Juvenile Justice Facilities and Services, Juvenile Services (OJS) Committee Phase I Strategic Recommendations
Tags: Community-Based Alternatives and Supervision | General System Reform | Mental Health and Substance Abuse | Legislation | Reports
The Nebraska Legislature created the Nebraska Children’s Commission as a permanent forum for collaboration among state, local, community, public, and private stakeholders in child welfare and juvenile justice programs and services. The Juvenile Services (OJS) Committee was also established as a subcommittee of the Nebraska Children’s Commission, with the mandate to review the role and effectiveness of Youth Rehabilitation and Treatment Centers (YRTCs), including what populations should be served, what treatment services should be provided at YRTCs, how mental and behavioral health services are provided to youth in secure residential placements, and the need for such services in Nebraska’s juvenile justice system. The committee’s December 2013 report includes recommendations related to foundational system principles and a core framework for the system, legal system changes, YRTC facilities and services, and behavioral and mental health systems of care. L.B. 821, signed into law April 11, 2012; effective April 12, 2012 and L.B. 561 signed into law May 29, 2013; effective September 6, 2013.
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Nebraska Legislative Bill 561
Tags: Nebraska | Aftercare/Reentry | Crossover and Dual Jurisdiction Youth | Deinstitutionalization | General System Reform | Status Offenses | Legislation
Nebraska's L.B. 561, a comprehensive youth justice reform bill.
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Pennsylvania Court Finds Juvenile Sex Offender Registration Law Unconstitutional
Tags: Pennsylvania | Status Offenses | Legislation
The York County Court of Common Pleas found Pennsylvania’s recently enacted law requiring youth convicted of sexual offenses to register as sex offenders for life to be in violation of their constitutional rights. The court held that the requirement violated both the United States and Pennsylvania constitutions, as well as Pennsylvania’s Juvenile Act. The court stated that such registration requirements are antithetical to the rehabilitative purpose of juvenile courts and do not take into account key differences between youth and adults, especially with regard to culpability and prospects for reform. The ruling banned application of the law both retroactively and prospectively, immediately declassified as “sex offenders” the seven petitioners who brought the challenge, and ordered the Pennsylvania State Police to immediately remove the seven youth from the state registry. Decided November 4, 2013; affirmed by the Pennsylvania Supreme Court December 2014.
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Local Correctional Facilities Encouraged to Seek Parental Consent for Medical Treatment for Youth
Tags: New York | Institutional Conditions | Legislation
New York passed an amendment to encourage local correctional facilities to inquire whether parents or guardians of youth under the age of eighteen committed to their facility will grant their child the capacity to consent to routine medical, dental, and mental health services and treatment. Previously, correctional facilities were authorized to administer such services to such youth without parental consent and they are still authorized to do so where no medical consent is obtained prior to commitment. However, the youth’s parent or guardian may bring legal proceedings objecting to such treatment if the youth is not yet eighteen years old. A. 5008/Act No. 437, signed into law and effective October 23, 2013.
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Law Requires Electronic Recording of Custodial Interrogations of Youth Accused of Murder
Tags: California | Juvenile Defense and Court Process | Legislation
Citing the dangers and injustice of false confessions, California passed a law requiring the electronic recording of the entire custodial interrogation of a youth under age 18 who is suspected of committing a murder. The law includes various exceptions, including "exigent circumstances" and a reasonable belief on the part of law enforcement that electronic recording would disclose the identity of a confidential informant or jeopardize the safety of an officer, the youth being interrogated, or another individual. If an exception is invoked, the prosecution must show by clear and convincing evidence that the exception is justified. If the interrogation is not recorded, the court must provide the jury with specific instructions to view with caution the statements made by the youth during the interrogation. S.B. 569/Act No. 799, signed into law October 13, 2013
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Police Required to Notify Youth and Families of Inclusion in Gang Database
Tags: California | Gangs | Legislation
California law enforcement officers must now provide written notice to youth and their parent(s) or guardian(s) prior to including youth in a gang database, unless such notice would compromise an active criminal investigation or compromise the health or safety of the youth. The notice must include the basis for the designation. Previously, youth and families received no such notice. The new law also provides youth and families with the right to contest inclusion in the database. S.B. 458/Act No. 797, signed into law October 13, 2013; effective January 1, 2014.
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Massachusetts Raises the Age of Juvenile Court Jurisdiction, H.B. 1432
Tags: Massachusetts | Legislation
Massachusetts raised the age of juvenile jurisdiction from 17 to 18. The bill—passed unanimously in both houses despite concerns based on projected financial impact—amends all statutes related to youth in trouble with the law and criminal record information to reflect the new age of jurisdiction. The legislature heeded research indicating that any increased costs in the juvenile justice system due to the change would be offset by decreased costs in the criminal justice system. Also persuasive was the fact that new Prison Rape Elimination Act regulations scheduled to take effect in August 2013 would impose huge additional costs on the state unless 17-year-olds were brought into the juvenile justice system. Notably, the bill was supported by the Massachusetts Sheriffs’ Association. H.B. 1432/Act No. 84-2013, signed into law and effective September 18, 2013.
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California Requires Meaningful Opportunity for Release on Parole
Tags: California | Life Without Parole and Parole Issues | Legislation
Citing the holdings and reasoning from Miller v. Alabama, Graham v. Florida, and People v. Caballero, California passed legislation to increase parole opportunities for individuals sentenced to long terms for serious crimes committed when they were youth. Prior law allowed individuals to submit a petition for recall and resentencing after serving 15 years. Now, people are automatically eligible for a "meaningful opportunity" for release on parole during the 15th year of incarceration if they received a determinate sentence, during the 20th year if they received a sentence less than 25 years to life sentence, and during the 25th year if they received a 25 years to life sentence. The law requires the parole board to give "great weight to the diminished culpability of juveniles as compared to adults, the hallmark features of youth, and any subsequent growth and increased maturity." The law also allows statements from family members, friends, school personnel, faith leaders, and representatives from community-based organizations who knew the individual prior to the crime or who can comment on the individual's growth and maturity since the commission of the crime. The law does not apply to individuals sentenced for "three strikes" offenses or individuals sentenced to life without parole. S.B. 260/Act No. 312, signed into law September 16, 2013; effective January 1, 2014.
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Probation Must Provide Youth with Information on Process for Sealing and Destruction of Court Records
Tags: California | Confidentiality | Legislation
California allows youth to petition for sealing and destruction of their court records under certain circumstances and by following specific guidelines. A new law requires the probation department to provide youth with information regarding their eligibility for sealing and destruction of court records and the procedures for requesting such sealing and destruction. All informational materials and forms must be developed by January 1, 2015. A.B. 1006/Act No. 269, signed into law September 9, 2013; effective January 1, 2014.
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Illinois Expands Aftercare for Youth in Department of Justice Custody, S.B. 1192
Tags: Illinois | Aftercare/Reentry | Legislation
The Illinois General Assembly expanded aftercare release for youth, allowing all youth committed to the Department of Juvenile Justice (DJJ) to be eligible for aftercare, regardless of the length of time he or she has been confined or whether the youth has served a minimum term. Additionally, the law states that youth under aftercare release must be supervised by DJJ; prior to the law, aftercare was not available statewide and was supervised by the Department of Corrections, rather than DJJ. S.B. 1192/Act No. 98-0558, signed into law August 27, 2013; effective January 1, 2014.
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Statements Made by Youth During Custodial Interrogations Are Inadmissible in Court Unless Recorded, S.B. 1006
Tags: Illinois | Juvenile Defense and Court Process | Legislation
Illinois law now mandates that any oral, written, or sign language statements of a youth or adult made during a custodial interrogation in murder cases, certain sex offense cases, and cases involving offenses of bodily harm must be electronically recorded in order to be admissible as evidence against the person in a juvenile or criminal proceeding. S.B. 1006/Public Act No. 98-0547, signed into law August 26, 2013; effective January 1, 2014.
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Legislature Mandates Collection of Data on Race and Ethnicity, S.B. 1598
Tags: Illinois | Racial and Ethnic Disparities | Legislation
In an effort to gather information on racial and ethnic disparities in the justice system, Illinois now requires the collection of racial and ethnic data at the time of arrest, commitment, and/or transfer from the Department of Juvenile Justice (DJJ) to the Department of Corrections (DOC). DJJ and DOC must include the data in their annual reports to the General Assembly. S.B. 1598/ Act No. 98-0528, signed into law August 23, 2013; effective January 1, 2015.
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Delaware H.B. 182 Full Text
Tags: Delaware | Sex Offender Registries | Legislation
Delaware's H.B. 182 revises the previous policy of mandatory, automatic registration for youth convicted of sexual offenses, giving discretion to Family Court on a case-by-case basis.
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Delaware Gives Courts Discretion Over Placement of Certain Youth on Sex Offender Registry, H.B. 182/Act No. 123
Tags: Delaware | Sex Offender Registries | Legislation
Delaware passed legislation that amends the automatic and mandatory registration of youth who are convicted of sex offenses. Delaware Family Court now has discretion to determine whether it is appropriate to place on the sex offender registry a child under the age of 14 who is adjudicated of a sex offense, or a youth between the ages of 14-17 who is adjudicated of a non-violent sex offense where the victim is not age five or younger. Family Court must hold a hearing to review potential risk factors, the nature and circumstances of the offense, victim impact, a comprehensive evaluation of the youth, treatment recommendations, a risk assessment, the likelihood of rehabilitation, and the adverse impacts of placing the youth on the public registry. The law also allows youth who are placed on the registry to apply for removal after two years from the date of adjudication or upon completion of treatment, whichever comes first. The law applies retroactively. The state public defender’s office has anecdotally reported that since the law’s passage, courts have been receptive to keeping youth off of registries. H.B. 182/Act No. 123, signed into law July 18, 2013; effective October 18, 2013.
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Connecticut Encourages Use of Community-Based Programs to Prevent Justice System Involvement, S.B. 1163/Act No. 13-268
Tags: Connecticut | Community-Based Alternatives and Supervision | Positive Youth Development and Strengths-Based Programming | Prevention | Legislation
The Connecticut General Assembly passed a law establishing a pilot program in Hartford aimed at preventing youth delinquency and violence. The program requires the Court Support Services Division to collaborate with community-based services aimed at promoting positive youth development and reducing contact with the juvenile justice system. The law also establishes a bond program to provide grants to subsidize youth employment through the newly established Connecticut Young Adult Conservation Corps. S.B. 1163/Act No. 13-268, signed into law July 11, 2013; Hartford pilot program effective July 11, 2013, bond program effective July 1, 2013, and Connecticut Young Adult Conservation Corps effective January 1, 2014.
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Limits Placed on the Filing of Juvenile Delinquency Petitions by New Hampshire Schools
Tags: New Hampshire | School-to-Prison Pipeline | Legislation
Under a new law, HB 433, New Hampshire schools are now required to try to resolve cases of student misbehavior through educational interventions before filing juvenile delinquency petitions, unless an incident presents a “serious threat to school safety,” such as acts involving weapons, controlled substances, sexual assault, or serious bodily injury. School officials—including school resource officers—must attempt to resolve behavioral problems through the school discipline process and engagement of the student’s parents or guardians. If these attempts fail, schools must include in their petition the efforts they have made and the reasons why court intervention is needed. The law includes additional procedural requirements when schools file petitions against youth with disabilities and IEPs (individualized education plans). H.B. 433/Act No. 2013-0198, signed into law July 9, 2013; effective January 1, 2014.
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Alternatives to Incarceration Increase in Cook County, H.B. 2401
Tags: Illinois | Community-Based Alternatives and Supervision | Legislation
Illinois passed legislation to allow for targeted implementation of Redeploy Illinois in Cook County (Chicago). Redeploy Illinois offers counties fiscal incentives to provide alternatives to incarceration for youth. In the 2011 fiscal year, 40 percent of the youth committed to the Department of Juvenile Justice were from Cook County; the majority of these youth could have been eligible for the alternatives provided through Redeploy Illinois. H.B. 2401/Public Act No. 98-0060, signed into law July 8, 2013; effective January 1, 2014.
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Illinois Increases Options for Youth to Be Served in the Community, H.B. 3172
Tags: Illinois | Community-Based Alternatives and Supervision | Legislation
Illinois passed legislation that gives juvenile court judges discretion to “continue a case under supervision” following a finding of delinquency. A continuance under supervision allows a youth to be served in the community and have his or her record expunged after successful completion of the continuance. Such a continuance was previously only allowed if the youth admitted to the charges against him or her prior to a finding of delinquency. Now, after considering the nature of the offense and the youth’s history, character, and condition, the judge may enter an order of continuance under supervision if he or she believes the youth is not likely to commit future crimes, the youth and the public would be better served if the youth did not have a criminal record, and continuance under supervision is more appropriate than a harsher sentence. Certain serious crimes are ineligible for continuance under supervision. H.B. 3172/ Act No. 98-0062, signed into law July 8, 2013; effective January 1, 2014.
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Illinois Raises the Age for Youth Charged with Felonies, H.B. 2404
Tags: Illinois | General System Reform | Legislation
Seventeen-year-olds charged with felonies in Illinois now come under the original jurisdiction of the juvenile court. Illinois raised the age of juvenile jurisdiction for youth charged with misdemeanors in 2009, and in 2010 the Illinois Juvenile Justice Commission studied whether to raise the age for felonies as well. Finding that the policy change for misdemeanors was a success—public safety did not suffer, juvenile facility populations decreased, and 17-year-olds benefited from the programs and services offered by the juvenile system—the commission recommended raising the age for felonies. The raise-the-age legislation also amended custody restrictions and confidentiality and expungement provisions to align with the jurisdictional change. H.B. 2404/Act No. 98-0061, signed into law July 8, 2013; effective January 1, 2014.
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Michigan Establishes Indigent Defense Commission, H.B. 4529
Tags: Michigan | Juvenile Defense and Court Process | Youth in the Adult System | Legislation
The Michigan Legislature created an independent and permanent Michigan Indigent Defense Commission to identify and encourage best practices for defending indigent individuals and to establish, enforce, and oversee statewide public defense standards. In establishing and overseeing the standards, the commission is to emphasize the importance of indigent defense for youth under age 17 who are tried and sentenced in adult criminal court (in Michigan, all youth 17 and older are automatically tried as adults). The legislation notes the importance of lowering caseloads, proper training, continuous representation by the same attorney throughout an individual’s case, and oversight of representation. The law does not apply to youth tried in juvenile court. H.B. 4529/Act No. 93, signed into law and effective July 1, 2013.
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Oregon Allows Legislators to Request Racial and Ethnic Impact Statements for Juvenile Justice Legislation, S.B. 463
Tags: Oregon | Racial and Ethnic Disparities | Legislation
The Oregon Legislature passed a bill allowing lawmakers to request racial and ethnic impact statements for any criminal justice, juvenile justice, or child welfare-related bill. Upon written request from one member of the Legislative Assembly from each major political party, the Oregon Criminal Justice Commission must produce a racial and ethnic impact statement for the bill in question. Such a statement must be “impartial, simple, and understandable,” and include an estimate of how the legislation would change the racial and ethnic composition of the targeted population, a statement of methodologies and assumptions used in preparing the estimate, and, if applicable, an estimate of the racial and ethnic composition of the crime victims who may be affected by the proposed legislation. The law is intended to help eliminate the severely disparate racial and ethnic impacts of the three systems. S.B. 463/Act No. 600, signed into law July 1, 2013; effective January 1, 2014.
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Ohio’s Budget Directs Funding to Youth in the Juvenile Justice System, H.B. 59
Tags: Ohio | Community-Based Alternatives and Supervision | Fiscal Issues and Funding | Juvenile Defense and Court Process | Mental Health and Substance Abuse | Evidence-Based Practices | Legislation
Ohio’s FY 2014-15 budget bill contained provisions benefiting youth in the justice system. First, the law establishes that the Ohio Office of the Public Defender is to provide legal assistance to youth in Department of Youth Services (DYS) facilities. In addition, the budget provides that DYS can use up to 45 percent of the savings stemming from facility closures to expand evidence-based community programs, including those funded through the Targeted RECLAIM and Behavioral Health and Juvenile Justice initiatives. H.B. 59, signed into law and effective June 30, 2013.
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Washington Reforms Exclusionary School Discipline Policies, S.B. 5946
Tags: Washington | School-to-Prison Pipeline | Legislation
The Washington State Legislature passed a law to reform school discipline policies that exclude youth from school. The law ends the use of indefinite, open-ended exclusions from school; requires emergency expulsions to automatically end or be converted to another corrective action within 10 school days; requires school districts to make reasonable efforts to assist students in returning to school, including convening re-engagement meetings with students and parents to plan for each student’s return; directs the collection of more robust discipline data that will be cross-tabulated, disaggregated, and made publicly available; and requires a discipline task force to develop standard definitions for discretionary disciplinary actions in order to help with data collection and to investigate the provision of educational services during any period of exclusion. S.B. 5946/Act No. 18, signed into law June 30, 2013; effective September 28, 2013.
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Delaware Eliminates Fee for Electronic Monitoring of Youth Convicted of Certain Sex Offenses, H.B. 80/Act No. 58
Tags: Delaware | Community-Based Alternatives and Supervision | Legislation
Delaware passed legislation that removes a requirement that youth registered for more serious sex offenses pay the $240 per month cost of their electronic monitoring system. The law also forgives any outstanding balances for youth who were required to pay for their electronic monitoring system before the passage of this bill. Electronic monitoring of these youth had been the only case where youth on juvenile probation (or their families) were required to pay for treatment or support interventions. H.B. 80/Act No. 58, signed into law June 27, 2013; effective August 1, 2013.
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Connecticut Creates Raise the Grade Pilot Program for Youth in the Juvenile Justice or Child Welfare System, H.B. 6705/Act No. 13-234
Tags: Connecticut | Crossover and Dual Jurisdiction Youth | School-to-Prison Pipeline | Legislation
Acknowledging a problematic educational achievement gap between youth in the juvenile justice and/or child welfare systems and those in the general population, the Connecticut General Assembly created the Raise the Grade pilot program. The two-year pilot program—created by the Department of Children and Families (DCF) in consultation with the Department of Education—is being implemented in Hartford, Bridgeport, and New Haven and aims to increase the academic achievement of children in DCF custody or who are served by the Court Support Services Division. The legislation includes provisions to help identify youth who are performing below grade level, develop plans to improve their academic performance, facilitate the transfer of academic records, and annually track the academic progress of each youth in state custody. H.B. 6705/Act No. 13-234, signed into law June 19, 2013; effective July 1, 2013.
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Rhode Island Creates Commission to Study Impact of SORNA Implementation, S.R. 998
Tags: Rhode Island | Sex Offender Registries | Legislation
In response to strong pressure from advocates against legislation to comply with the federal Sex Offender Registration and Notification Act (SORNA), the Rhode Island Senate passed a resolution creating a study commission to examine the constitutional and fiscal implications of implementing SORNA’s mandates. The commission was extended by another resolution in 2013. S.R. 2572, passed Senate June 12, 2012; S.R. 998, passed Senate June 18, 2013.
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Michigan Legislature Creates Community-Based Juvenile Justice Grants for Rural Counties
Tags: Michigan | Community-Based Alternatives and Supervision | Evidence-Based Practices | Legislation
The Michigan Legislature provided funding within the Department of Human Services to implement the In-Home Community Care Grant, a $1 million grant fund to help rural counties create or enhance existing community-based juvenile programming. In its first year, six rural counties were awarded funding to create evidence-based services, including trauma-informed evaluations and assessments, regional Multi-Systemic Therapy units, and wraparound and intensive probation staff. H.B 4328/Act No. 59, signed into law and effective June 13, 2013.
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Louisiana Replaces Mandatory Life Without Parole Sentences for Youth with 35 Year Mandatory Minimums
Tags: Louisiana | Life Without Parole and Parole Issues | Legislation
In order to comply with Miller v. Alabama, 132 S. Ct. 2455 (2012), Louisiana passed legislation establishing parole eligibility for certain youth sentenced to life imprisonment for homicide offenses. However, it replaced the life without parole sentence with a 35 year mandatory minimum sentence which is not retroactive. When sentencing youth convicted of first- or second-degree murder, the court must conduct a hearing to determine whether any life sentence should include parole eligibility, taking into consideration the facts of the crime, criminal history, level of family support, and social history of the youth. The law creates specific criteria that must be met in order for someone sentenced to life imprisonment as a youth to become eligible for parole, including: completion of thirty-five years of the sentence; no discipline offenses within the past twelve months; completion of at least 100 hours of pre-release programming; completion of substance abuse treatment, if applicable; completion of a diploma, GED, or literacy, adult basic education, or job training program; designation as low-risk after a validated risk assessment; and completion of a reentry program. Additionally, at the parole hearing, board members must consider an evaluation by an expert in adolescent brain development and behavior. H.B. 152/Act No. 239, signed into law June 12, 2013; effective August 1, 2013.
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Missouri Expands Program Allowing Certain Youth Convicted as Adults to Receive Juvenile Disposition, S.B. 36
Tags: Missouri | Crossover and Dual Jurisdiction Youth | Juvenile Defense and Court Process | Youth in the Adult System | Legislation
Stemming from the tragic suicide of a 17-year-old boy who had been sentenced as an adult, was held in isolation in an adult prison, and was awaiting transfer to a notoriously abusive adult prison, the Missouri Legislature passed Jonathan’s Law, which expands the availability of Missouri’s dual jurisdiction program for youth convicted as adults. The dual jurisdiction program allows youth convicted as adults to have their adult criminal sentence suspended and to instead receive a juvenile disposition. The law requires judges to consider giving a juvenile disposition to youth who have been convicted as adults; if judges choose not to give a juvenile disposition—despite acceptance of the youth by the Division of Youth Services (DYS)—they must make findings on the record as to their reasons for imposing an adult sentence. All judges in Missouri must also now order a DYS evaluation for youth who are transferred to adult court to help give all youth an opportunity to qualify for the dual jurisdiction program. The law extends the age of eligibility for the dual jurisdiction program from 17 years to 17 years and six months, helping to ensure youth are not deprived of the option simply because of delays inherent to the court system. Additionally, the law removes the “once an adult, always an adult” for youth who were transferred to adult court, but not convicted. S.B. 36, signed into law June 12, 2013; effective August 28, 2013.
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Nevada Curbs Laws Treating Youth as Adults
Tags: Nevada | Youth in the Adult System | Legislation
Nevada raised the age at which youth may be automatically transferred to adult court for murder or attempted murder from 14 to 16. However, the law simultaneously lowers the age for prosecutorial transfer of felonies from 14 to 13. The law also allows youth charged as adults to petition the court to be held in juvenile facilities while awaiting trial. Lastly, the law creates a task force to study best practices for prosecuting youth as adults and the costs and benefits of such policies. The task force is to present its recommendations to the legislature in 2015. A.B. 202/Act No. 483, signed into law June 11, 2013; effective July 1, 2013, October 1, 2013 and October 1, 2014.
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Oregon Continues to Limit Placement of Youth in Adult Facilities, H.B. 3183
Tags: Oregon | Juvenile Defense and Court Process | Youth in the Adult System | Legislation
A new law in Oregon authorizes the county sheriff to send a youth sentenced to the custody of the Department of Corrections directly to a youth correctional facility if the youth was under 20 years of age at the time of sentencing and under 18 years of age at the time of the offense. The change allows youth to bypass adult intake. The law follows on the heels of H.B. 2707, passed in 2011, which established juvenile detention facilities as the default place of pre-trial confinement for youth who are facing adult criminal charges. H.B. 3183, signed into law and effective June 11, 2013.
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Louisiana Aims to Better Serve Crossover Youth
Tags: Louisiana | Crossover and Dual Jurisdiction Youth | Legislation
Recognizing the need for targeted case management and better coordination between systems, the Louisiana legislature passed a law to better serve youth in the juvenile justice system who are in need of mental health or child welfare services. The legislation requires the creation of an “Integrated Case Management Planning System” that focuses on the behavioral health, rehabilitative, and educational needs of youth involved in or exiting the juvenile justice and child welfare systems. The Department of Public Safety and Corrections and the Department of Children and Family Services must work together to identify the prevalence of youth served by multiple systems, identify opportunities to more efficiently and effectively deliver programs and services to youth across all systems of care, and develop mechanisms for funding of such programs and services. By July 1, 2014 the departments must jointly issue a report of the timeline and processes for implementing the program by July 1, 2015. S.B. 107/Act No. 214, signed into law June 10, 2013; effective August 1, 2013.
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Older Youth Held in Adult Jails for Probation Violations are Protected from Longer Stays
Tags: Nevada | Youth in the Adult System | Legislation
A law limiting the length of detention to 30 days for youth under the age of 18 who violate probation now also applies to youth between the ages of 18 and 21 who have been placed on juvenile probation or parole and are being held in adult county jail. A.B. 207/Act No. 422, signed into law June 6, 2013; effective October 1, 2013.
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Youth Who Are Wrongly Incarcerated May Receive Compensation, H.B. 1230/Act No. 409
Tags: Colorado | Legislation
Colorado passed legislation to provide compensation for a person or an immediate family member of a person who was wrongly convicted of a felony or adjudicated delinquent, incarcerated, and exonerated. The bill establishes procedures for eligible people—including youth—or their family members to petition a district court for monetary compensation, tuition waivers at state institutions of higher education, compensation for child support payments, reasonable attorneys’ fees, and the amount of any fine, penalty, court cost, or restitution. H.B. 1230/Act No. 409, signed into law and effective June 5, 2013.
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Delaware Eliminates Juvenile Life Without Parole, S.B. 9/Act No. 37
Tags: Delaware | Juvenile Defense and Court Process | Life Without Parole and Parole Issues | Youth in the Adult System | Court Decisions and Related Documents | Legislation
Delaware modified its juvenile sentencing laws in order to bring them into compliance with the Miller v. Alabama U.S. Supreme Court decision. The law eliminates the sentence of juvenile life without parole and replaces it with a sentence of 25 years to life for convictions of first degree murder. The law allows anyone sentenced to more than 20 years in adult prison as a juvenile to petition for sentence modification. Such reviews must take place no later than 30 years into a sentence for first degree murder convictions and after 20 years for all other cases. The bill applies retroactively, applying to anyone serving a life without parole sentence for an offense committed before he or she turned 18. S.B. 9/Act No. 37, signed into law and effective June 4, 2013.
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Vermont Engages in Cost-Benefit Analysis of Criminal and Juvenile Justice Practices, S.B. 1
Tags: Vermont | Fiscal Issues and Funding | Legislation
The Vermont legislature charged the Criminal Consensus Cost-Benefit Working Group with developing a criminal and juvenile justice cost-benefit model for the state. The goal of the model is to provide policymakers with information needed to weigh the costs and benefits of various programs and to evaluate those policies with the greatest net social benefit. Specifically, the model will be used to estimate costs related to arrest, prosecution, defense, adjudication, and corrections of adults and youth, as well as the cost of victimization. A report submitted by the working group in April 2014 recommends that the state “reinvigorate” its commitment to evidence-based programs, study staff costs further (as having the greatest potential to generate cost savings), and provide the results of their study to criminal and juvenile justice agencies in the state, along with technical assistance for those agencies to evaluate opportunity costs. S.B. 1/Act No. 0061, signed into law and effective June 3, 2013.
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Nevada Limits Use of Solitary Confinement
Tags: Nevada | Institutional Conditions | Legislation
Nevada restricted the use of solitary confinement of youth in detention facilities statewide and banned the use of isolation as discipline or punishment. Youth may be held in solitary confinement only if they present a serious and immediate risk of harm to themselves or others and all other options have been exhausted, and the length of their confinement must be the minimum amount required to address the risk of harm. S.B. 107/Act No. 324, signed into law June 1, 2013; effective October 1, 2013.
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Oklahoma Emphasizes Individualized Treatment for Youth, S.B. 679
Tags: Oklahoma | Aftercare/Reentry | Community-Based Alternatives and Supervision | Mental Health and Substance Abuse | Legislation
The Oklahoma State Legislature passed a law emphasizing individualized treatment and best practices for youth rehabilitation and reentry. The law also expands the definition of community-based facilities to cover 24-hour emergency living accommodations for youth in crisis (including those involved with law enforcement or the courts). These accommodations may provide care, education, mental health services, and other services to address trauma and aid in the transition to permanent placement. S.B. 679/Act No. 404, signed into law May 31, 2013; effective November 1, 2013.
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Nebraska Expands Use of Community-Based Programs and Limits Secure Confinement, L.B. 561
Tags: Nebraska | Community-Based Alternatives and Supervision | Evidence-Based Practices | Legislation
The Nebraska Legislature passed a broad juvenile justice reform bill that emphasizes treatment rather than punishment through expansion of local, community-based alternatives to incarceration and research-based prevention programs, and limitations on the use of secure confinement. The law prohibits commitment of youth to the state Office of Juvenile Services for status offenses; requires exhaustion of all available community-based services before a youth is committed; limits confinement of youth only to cases where it is immediately necessary for protection of the youth or public safety, or if a youth is at high risk for fleeing the jurisdiction of the court; requires therapeutic services and reentry planning for committed youth; and establishes a grant program for funding of community-based services. The law also converts the Nebraska Juvenile Service Delivery Project of 2012 (L.B. 985, see above) from a pilot program into a permanent statewide initiative, giving the Office of Probation Administration more funding to provide services to youth, and leaving the Office of Juvenile Services responsible only for managing two state facilities for youth. L.B. 561, signed into law May 29, 2013; effective September 6, 2013.
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Colorado Limits Detention of Youth for Failure to Attend School , H.B. 1021/Act No. 335
Tags: Colorado | School-to-Prison Pipeline | Legislation
Colorado school districts must now monitor student attendance, identify students who are chronically absent or habitually truant, and implement best practices to improve student attendance. Schools must work collaboratively with community organizations to create a multidisciplinary plan to improve a student’s attendance and only initiate court proceedings if this plan is unsuccessful. If a student fails to comply with a court order to compel attendance, the law limits detention to no more than five days. Prior to the law’s enactment, a student could be detained for up to 45 days. The law also explicitly requires that school districts provide educational services to juvenile detention facilities that align with the compulsory school attendance requirements and state model content standards. H.B. 1021/Act No. 335, signed into law May 28, 2013; effective August 7, 2013.
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Pilot Program Allows Youth to Request Restorative Justice Programs, H.B. 1254/Act No. 341
Tags: Colorado | Restorative Justice | Legislation
Colorado took steps to expand restorative justice programs by creating a pilot project for in four judicial districts. Prior to the passage of this bill, restorative justice programs were used only at the request of the victim. Now, people convicted of a crime, youth who are adjudicated delinquent, or district attorneys may initiate restorative justice programs in certain circumstances. Youth may request restorative justice programs prior to the filing of a petition or in delinquency court. The law also established a restorative justice coordinating council to collect information regarding current programs and practices and develop a uniform restorative justice satisfaction evaluation. The council surveyed 20 restorative justice programs and found that 88 percent of restorative justice participants are under 18 years of age and the average success rate of all participants is 90 percent. H.B. 1254/Act No. 341, signed into law May 28, 2013, effective August 7, 2013.
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Loitering and Curfew Violations May No Longer Be Treated as Delinquency Offenses in Nevada
Tags: Nevada | Community-Based Alternatives and Supervision | Status Offenses | Legislation
Nevada youth who violate curfew or loitering ordinances may no longer be adjudicated as delinquent, but must instead be treated as children in need of supervision. The law also reduces the number of days that youth may be held in detention or shelter care pending the filing of a petition alleging delinquency or need of supervision, decreasing the term from eight days to four. S.B. 108/Act No. 191, signed into law May 27, 2013; effective October 1, 2013.
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Colorado Limits Placement of Youth on Adult Sex Offender Registry, S.B. 229/Act No. 272
Tags: Colorado | Sex Offender Registries | Legislation
Colorado changed its juvenile sex offender registration policies so that an individual will now be placed on either the adult or juvenile list depending on his or her age at the time of the incident, rather than the age at the time of adjudication. Prior law placed youth on the adult registry if they turned 18 before sentencing. The adult registry is more onerous and it takes longer to petition to be removed from it. S.B. 229/Act No. 272, signed into law May 25, 2013; effective July 1, 2013.
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Colorado Requires Gender and Racial Impact Note for Certain Legislation, S.B. 229/Act No. 272
Tags: Colorado | Racial and Ethnic Disparities | Girls | Legislation
The Colorado General Assembly passed a bill requiring a gender and racial impact note in all legislative measures proposed by the Colorado Commission on Criminal and Juvenile Justice that create a new criminal offense, increase or decrease the classification of an existing criminal offense, or change an element of an existing criminal offense. S.B. 229/Act No. 272, signed into law May 25, 2013; effective July 1, 2013.
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Nevada Increases Sharing of Information to Improve Service Delivery
Tags: Nevada | Confidentiality | Legislation
Nevada law now requires the sharing of juvenile court-involved youth’s educational, welfare, and delinquency records among schools, courts, parole and probation officers, physicians, substance abuse providers, parents, district attorneys, and other entities in order to ensure proper service delivery. The law limits who is eligible to receive such information, emphasizes confidentiality, and prohibits sharing that would violate federal educational or health care privacy laws. The purpose of the law is to ensure proper placement of youth, provision of appropriate services and treatment, and appropriate conditions of probation. Information shared pursuant to the law’s requirements may not be used to deny youth educational, mental health, medical, social, or legal services that the youth would otherwise be eligible for. S.B. 31/Act No. 155, signed into law May 25, 2013; effective July 1, 2013.
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Minnesota Limits Public Access to Juvenile Court Records, H.F. 392
Tags: Minnesota | Legislation
Minnesota passed a law to prohibit direct public access to electronic juvenile court records except in cases where the prosecutor has filed a motion to transfer the youth to adult court; the prosecutor has requested that the proceeding be designated as an extended jurisdiction juvenile prosecution (i.e., blended sentence); or the youth has been adjudicated for certain more serious drug or weapon offenses. Such records remain accessible to the public at individual county courthouses. H.F. 392/Act No. 2013-109, signed into law May 24, 2013; effective January 1, 2014.
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A Multi-State Recidivism Study Using Static-99R and Static-2002 Risk Scores and Tier Guidelines from the Adam Walsh Act
Tags: Federal | National | Sex Offender Registries | Legislation | Reports | Research
This study seeks to examine important components of our nation’s sex offender tracking and monitoring systems, with a focus on risk assessment and sexual recidivism (measured by re-arrest). On average, we found that the recidivism rate was approximately 5% at five years and 10% at 10 years. AWA tier was unrelated to sexual recidivism. The findings indicate that the current AWA classification scheme is likely to result in a system that is less effective in protecting the public than the classification systems currently implemented in the states studied.
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Louisiana Designates Primary Researcher and Advisor to Legislature on Juvenile Justice Issues
Tags: Louisiana | General System Reform | Evidence-Based Practices | Legislation
The Louisiana legislature designated the Institute for Public Health and Justice of the Louisiana State University Health Sciences Center in New Orleans as the primary researcher and advisor to the legislature on issues related to youth involved with the criminal justice system and youth with behavioral needs. The institute is to provide reliable and current information about best practices and successful local models, prepare annual reports for the legislature, offer technical assistance to the Juvenile Justice Reform Act Implementation Commission, and monitor juvenile justice reforms. H.B. 177/Act No. 3, signed into law May 23, 2013; effective August 1, 2013.
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Minnesota Establishes Work Group to Address Juvenile Justice System Goals, S.F. 671
Tags: Minnesota | General System Reform | Evidence-Based Practices | Legislation
The Minnesota Legislature passed a law establishing a work group to discuss statewide goals for youth in the juvenile justice system, necessary services for youth in the juvenile justice system and their families, strategies for identifying and responding to the needs of youth in the system or at risk of entering it, and system changes needed in order to better respond to these needs. The legislation also instructs the work group to develop an implementation plan to achieve service delivery and meet outcome goals. The work group submitted its report in March 2014, calling for funding for evidence-based early intervention programs, improved mental health screenings in the juvenile justice and child welfare systems, and the creation of a state Office of Juvenile Justice to help implement the work group’s recommendations. S.F. 671/Act. No.86, signed into law May 23, 2013; effective August 1, 2013.
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Oregon Authorizes Work Release Program for Youth with Criminal Convictions Who Are Confined in Youth Facilities, S.B. 188
Tags: Oregon | Community-Based Alternatives and Supervision | Legislation
New legislation authorizes the Oregon Youth Authority (OYA) to establish a work release program for youth who are committed to the Department of Corrections, but in the physical custody of OYA. The legislation allows youth to leave facilities for employment, additional education, substance abuse programs, mental health programs, or programs to help develop independent living skills. Youth who have been convicted of more serious offenses are excluded from the program. S.B. 188/Act No. 229, signed into law and effective May 23, 2013.
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Interim Committee Issues Recommendations on Juvenile Defense Reform, H.J.R. 1019
Tags: Colorado | Juvenile Defense and Court Process | Legislation
Recognizing the collateral consequences associated with a juvenile adjudication, the important role defense counsel plays in juvenile court, the specialized skills and training needed to adequately represent youth, and the barriers in accessing counsel, the Colorado General Assembly created a legislative committee to study legal defense in juvenile justice proceedings. The committee was charged with studying current laws, policies, and practices; the impacts on minority, immigrant, and special needs children; and methods for improvement. A report submitted in December 2013 recommended passage of a bill that would require youth to be represented by counsel at detention hearings and have appointed counsel at the first court appearance. This bill would also specify when the court may accept a waiver of the right to counsel. The committee also recommended a resolution requesting the Chief Judge of the Colorado Supreme Court to issue a directive to allow judges to remain in a juvenile rotation to gain expertise in the area, convene a task force with the Judicial Branch to formulate best practices, and establish a committee to improve the juvenile justice system. H.J.R. 1019, enacted May 20, 2013.
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Colorado Shortens Waiting Period for Expungement of Juvenile Records, H.B. 1082/Act No. 238
Tags: Colorado | Legislation
Colorado reduced the waiting period for youth to be considered eligible for expungement of their records. A court—through its own motion or the motion of the juvenile probation or parole department—may now initiate expungement proceedings 30 days after a youth’s sentence is discharged. Prior to the new law, expungement could not be initiated until one year after completion of diversion programming, or until four years after completion of probation or commitment/parole. Courts must advise youth and their parents or guardians of the right to expungement at the time of adjudication. For certain serious offenses, expungement proceedings may not commence prior to five years from the date the sentence is discharged. H.B. 1082/Act No. 238, signed into law May 17, 2013; effective August 7, 2013.
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Department of Juvenile Services Must Report on Implementation of Graduated Response System
Tags: Maryland | Aftercare/Reentry | Legislation
The Maryland legislature passed a requirement that the Department of Juvenile Services report to the Senate Judicial Proceedings Committee and the House Judiciary Committee on the implementation of a system of graduated responses for children under the jurisdiction of the Department. S.B. 536/Act No. 496, signed into law May 16, 2013; effective October 1, 2013.
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Juvenile Court and School Safety Workgroup Aims to Reduce Racial and Ethnic Disparities through Diversion of School-Based Arrests and Court Referrals
Tags: Maryland | Racial and Ethnic Disparities | School-to-Prison Pipeline | Legislation
The newly established Prince George’s County Juvenile Court and School Safety Workgroup is to develop interagency policies to reduce the number of school-based arrests and referrals to court by diverting youth to community-based programs. The initiative is modeled after similar reform work in Clayton County, Georgia; Birmingham, Alabama; and Baltimore, Maryland and is intended to be part of broader, statewide detention reform in Maryland. The group’s overarching goal is to reduce the over-representation of African-American youth in the system. The group submitted a report in December 2013 that reviews school arrest data and offers recommendations for interagency policies and diversion mechanisms, ways to reduce arrests through diversion to existing school and community-based programs, ways to reduce the over-representation of African-American youth in the county’s juvenile justice system, and specific criteria for diversion programs. H.B. 1338/Act No. 677, signed into law May 16, 2013; effective June 1, 2013.
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Maryland Limits Offenses Eligible for Out-of-Home Placement
Tags: Maryland | Community-Based Alternatives and Supervision | Juvenile Defense and Court Process | Legislation
Maryland passed legislation that prohibits out-of-home placement for youth adjudicated for certain minor offenses, including possession of marijuana, possession or purchase of a non-controlled substance, disturbing the peace or disorderly conduct, malicious destruction of property, or an offense involving inhalants, prostitution, theft, or trespassing. Judges may continue to order treatment for youth in the community or may place youth with another agency. The law provides exceptions for youth who have been previously adjudicated for three or more separate and independent offenses or upon a written finding from the court that out-of-home placement is deemed necessary for public safety or the child’s welfare. H.B. 916/Act No. 651, signed into law May 16, 2013; effective October 1, 2013.
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Task Force Recommends Expanding Jurisdiction of Juvenile Court to Limit Number of Youth Charged as Adults
Tags: Maryland | Youth in the Adult System | Legislation
The Maryland legislature established a Task Force on Juvenile Court Jurisdiction to study current laws relating to juvenile court jurisdiction and review research on best practices. The task force’s report, issued in December 2013, focuses on youth who are transferred to the adult system upon being charged with an offense that is automatically excluded from juvenile court jurisdiction. The report makes two recommendations: 1) completion of an analysis of the capital, programmatic, and staffing needs associated with a possible expansion of juvenile court jurisdiction, and 2) a revision of current law to expand juvenile court jurisdiction in certain specific situations, allowing such youth to request transfer from adult court back to juvenile court. H.B. 786/Act No. 639, signed into law May 16, 2013; effective June 1, 2013.
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Los Angeles Bans Suspensions for Willful Defiance
Tags: California | School-to-Prison Pipeline | Legislation
The Los Angeles Unified School District voted to ban suspensions for willful defiance, passing a School Climate Bill of Rights with a five-to-two vote. Prior to the ban, students who failed to comply with any policy or instruction given by teachers or school administrators—including wearing baggy pants or talking back—were automatically suspended due to zero-tolerance policies. The ban stemmed from concerns that the existing policy was excessively harsh and disproportionately affected students of color, and from the acknowledgment that removing students from school can lead directly to involvement in the juvenile justice system. The ban provided momentum for a pending bill that would institute a statewide ban on suspensions for willful defiance (A.B. 420). The School Climate Bill of Rights also requires schools to exhaust all alternatives to suspension prior to suspending a student; develop and implement restorative justice practices; provide students and parents with data on suspensions, expulsions and arrests; use school-wide Positive Behavior Intervention and Supports; limit involvement of school police in non-threatening school discipline actions; and provide notice to parents and students of their right to appeal a suspension. Passed May 14, 2013.
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2013 Juvenile Justice Reform Legislation: House Bill 242, JustGeorgia Summary
Tags: Georgia | Family and Youth Involvement | Juvenile Defense and Court Process | Mental Health and Substance Abuse | Youth in the Adult System | Court Decisions and Related Documents | Legislation | Member Publications
JustGeorgia provides a detailed summary of the changes to Georgia's juvenile code enacted through H.B. 242.
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Colorado Funds Capacity Resource Center to Support Evidence-Based Practices, H.B. 1129/Act No. 197
Tags: Colorado | Evidence-Based Practices | Legislation
Colorado established a capacity resource center to help youth- and adult-serving agencies develop and sustain effective implementation strategies for evidence-based practices. The goal of the center offers educational and skill-building resources as well as consultation. H.B. 1129/Act No. 197, signed into law May 11, 2013; effective August 7, 2013.
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Colorado Retains Youthful Offender System to Help Limit Placement of Youth in Adult Prisons, S.B. 216/Act No. 171
Tags: Colorado | Detention | Youth in the Adult System | Legislation
Colorado reenacted a law making young adults eligible for the Youthful Offender System, which had been repealed in October 2012 due to a sunset provision. A “young adult offender” is a person who is at least 18 years of age but under 20 years of age at the time the crime is committed, and under 21 years of age at the time of sentencing. Such youth may be sentenced to the Youthful Offender System for convictions of certain felonies, rather than being sent to adult prison. The Youthful Offender System is a facility within the adult Department of Corrections (DOC) that includes a high school, vocational programming, and more services than are available in adult prison. The law also mandates that the DOC implement policies to comply with the Federal Prison Rape Elimination Act (PREA) in order to provide better protections for youth under 18 in prison. S.B. 216/Act No. 171, signed into law and effective May 10, 2013.
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Nebraska Eliminates Mandatory Juvenile Life without Parole, L.B. 44
Tags: Nebraska | Juvenile Defense and Court Process | Life Without Parole and Parole Issues | Court Decisions and Related Documents | Legislation
Coming into compliance with the U.S. Supreme Court’s ruling in Miller v. Alabama, Nebraska eliminated mandatory sentences of life without parole for offenses committed by youth under the age of eighteen. Under the new law, youth may still be sentenced to 40 years to life. At sentencing, courts must consider mitigating factors, including the youth’s age, family and community environment, intellectual capacity, mental health, and “ability to appreciate the risks and consequences” of his or her conduct. After becoming eligible for parole, if individuals are denied, they must be reconsidered each subsequent year. The Board of Parole must consider individuals’ participation in educational and rehabilitative programs, maturity level, intellectual capacity, and other mitigating factors. L.B. 44, signed into law May 8, 2013; effective September 6, 2013.
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Washington Encourages Diversion and Treatment for Youth with Mental Health Issues, H.B. 1524
Tags: Washington | Community-Based Alternatives and Supervision | Mental Health and Substance Abuse | Legislation
Acknowledging the high number of youth entering the juvenile justice system with mental health problems and the importance of diverting such youth into mental health treatment, the Washington State Legislature increased diversion opportunities for youth suspected of suffering from mental disorders. The law authorizes police to take youth who have committed non-serious offenses and are suspected of having mental disorders to an evaluation and treatment facility. Youth must be examined within three hours of arrival at these facilities and may be held for up to 12 hours. The legislation also specifically authorizes courts to assess diverted youth or youth who are granted deferred dispositions for substance abuse and mental health problems, and to order outpatient treatment if such assessments indicate it is warranted, but has not been identified as net-widening. H.B. 1524/Act No. 179, signed into law May 8, 2013; effective July 28, 2013.
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Indiana Allows Sealing of Juvenile Arrest Records Not Leading to Conviction
Tags: Indiana | Confidentiality | Legislation
Under a new Indiana law, individuals can petition to have their juvenile records sealed if the arrest did not result in an adjudication or if the adjudication was overturned on appeal. If these criteria are met and the individual has no pending charges, the court must seal the records. H.E.A 1482/P.L. 159-2013, signed into law May 6, 2013; effective July 1, 2013.
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Georgia Passes Sweeping Juvenile Justice Reform Bill, H.B. 242
Tags: Georgia | Community-Based Alternatives and Supervision | Detention | General System Reform | Risk Assessment and Screening | Status Offenses | Legislation
Georgia passed a comprehensive reform of the state’s juvenile code, aimed at reducing the number of youth in confinement and ensuring the juvenile justice system is focused on rehabilitation. The 248-page law prohibits detention of youth who commit status offenses, and instead designates them as “children in need of services.” The new code increases use of alternatives to detention for youth who are classified as low-to-medium risk and includes an increased emphasis on risk and behavioral health assessments. Additionally, the code ensures representation for youth at every stage of the legal process. In FY 2014, the law invested five million new dollars ($4 million state/$1 million federal) in community-based programs and in the second year, FY 2015, the law invested $8.85 million ($7.85 million state/$1 million federal) into such services. The changes stemming from the law are expected to save the state $88 billion over five years. H.B. 242/Act No. 127, signed into law May 2, 2013; effective January 1, 2014.
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Indiana Creates Commission on Improving the Status of Children
Tags: Indiana | Crossover and Dual Jurisdiction Youth | Legislation
The Indiana General Assembly established the Commission on Improving the Status of Children in Indiana (CISC), charged with studying and evaluating services for vulnerable youth, promoting information-sharing and best practices, and reviewing and making recommendations concerning pending legislation. The 18-member commission consists of leadership from all three branches of government and includes representatives from the juvenile justice system. Its stated priorities include expanding juvenile justice reform and improving data sharing, communication, and collaboration across child-serving agencies. The commission’s Cross-System Youth Task Force is working to expand JDAI, increase alternatives to detention for youth with mental health issues, improve transitions for youth leaving the juvenile justice system, and improve coordination and develop polices to better meet the needs of dually-adjudicated youth. S.E.A. 125/P.L. 119-2013, signed into law April 30, 2013; effective July 1, 2013.
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Indiana Legislature Requires Schools to Develop Plan on Seclusion and Restraint in School
Tags: Indiana | School-to-Prison Pipeline | Legislation
The Indiana General Assembly established the Commission on Seclusion and Restraint in Schools, charged with adopting rules concerning the use of restraint and seclusion in schools. The legislation required the commission to develop a model restraint and seclusion plan by August 1, 2013. The model plan focuses on prevention, use of positive behavior interventions and supports, teacher training, parental notification, and use of restraints and seclusion only as a last resort and for as short a time as possible. The model plan states that seclusion and restraint must never be used as punishment or discipline, as a means of coercion or retaliation, or as a convenience. All schools were required to adopt a seclusion and restraint plan by July 1, 2014. S.E.A. 345/P.L. 122-2013, signed into law April 30, 2013
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More Youth Become Eligible for Restorative Justice in Hawaii, S.B. 61
Tags: Hawaii | Restorative Justice | Legislation
Some youth in Hawaii are eligible for “informal adjustment,” a non-judicial termination of a referral to court that is allowed when a youth admits responsibility for an alleged offense and, with his or her parents, agrees to forgo a hearing and conclude the matter administratively. Now, thanks to new legislation, youth undergoing informal adjustment may partake in restorative justice programs. Restorative justice programs—which are not available to youth who are processed formally in the juvenile justice system—may be used in concert with other treatment options or services, such as drug treatment, anger management, or counseling. S.B. 61/Act No. 2013-62, signed into law and effective April 30, 2013.
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Indiana Legislature Creates Sentencing Alternatives for Youth in the Adult System
Tags: Indiana | Youth in the Adult System | Legislation
Indiana created new sentencing alternatives for youth who have been waived to adult criminal court or who are tried as adults under the direct file statute. The court may now sentence youth in the criminal division, suspend the criminal sentence, and place the youth in the Division of Youth Services, making completion of placement in a juvenile facility a condition of the suspended criminal sentence. Prior to this law, youth transferred to adult court could not be placed in a juvenile facility. After the youth turns 18, the court must hold a review hearing prior to his or her 19th birthday to decide whether to continue the youth in juvenile placement (until age 21 at the latest), discharge the youth because sentencing objectives have been met, carry out the remaining sentence in an adult facility, or place the youth in an alternative sentencing program such as probation, home detention, or community corrections. H.E.A 1108/P.L. 104-2013, signed into law April 29, 2013; effective July 1, 2013.
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Mississippi Allows Expungement of Certain Felony Convictions, H.B. 1043
Tags: Mississippi | Juvenile Defense and Court Process | Legislation
Mississippi enacted legislation to allow individuals who were under the age of 18 at the time of conviction to petition the court for expungement of their records five years after the successful completion of all terms and conditions of their sentences. Certain offenses, such as rape, sexual battery, manslaughter, carjacking, burglary, cyber stalking, exploitation of children, armed robbery, or other felonies deemed a violent crime or distribution of a controlled substance, are ineligible for expungement. H.B. 1043/Act No. 557, signed into law April 25, 2013; effective July 1, 2013.
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Youth in Adult Court Gain Deferred Sentencing Option, S.F. 288
Tags: Iowa | Juvenile Defense and Court Process | Youth in the Adult System | Legislation
Iowa passed legislation allowing deferred sentences for youth in adult court. The court may suspend the sentence in whole or in part, including any mandatory minimum sentences, pending successful completion of probation. Youth who are charged with the most serious felonies are not eligible for deferred sentences. Such deferred sentences are an option for youth even in situations where they are not available for adults convicted of the same offenses. S.F. 288/Act No. 42, signed into law April 24, 2013; effective July 1, 2013.
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Arkansas Eliminates Mandatory Sentence of Life without Parole for Youth Convicted of Capital Murder, H.B. 1993
Tags: Arkansas | Life Without Parole and Parole Issues | Legislation
Pursuant to the U.S. Supreme Court’s decision in Miller v. Alabama, Arkansas passed legislation that eliminates mandatory life without parole sentences for youth convicted of capital murder for offenses committed prior to the age of 18. The new law allows instead a sentence of life imprisonment with the possibility of parole after 28 years. Prior to this revision, any youth convicted of capital murder received a mandatory sentence of life without parole. The law is not retroactive. H.B. 1993/Act No. 1490, signed into law and effective April 22, 2013.
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Arkansas Moves to Decriminalize Youth Victims of Sex Trafficking, S.B. 869
Tags: Arkansas | Victims | Legislation
Finding that “the criminal justice system is not the appropriate place for sexually exploited children because it serves to retraumatize them and increase their feelings of low self-esteem,” the Arkansas Legislature passed the “Safe Harbor Victims Act” to help protect children who are victims of sex trafficking. The law mandates an interim study on child sex trafficking and creates a fund to help pay for services and treatment for youth who are trafficked. Additionally, the law requires the state Department of Human Services to develop a statewide protocol for the delivery of services to sexually exploited children and encourages training of law enforcement and prosecutors in how to identify and provide services for sexually exploited children. S.B. 869/Act No.1267, signed into law April 16, 2013; effective August 16, 2013.
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Older Youth Charged as Adults May Be Held in Juvenile Facilities, Rather than Adult Prisons
Tags: Maine | Youth in the Adult System | Legislation
Maine passed legislation to allow youth convicted as adults who are between the ages of 18 and 26 to be held in juvenile facilities, rather than adult prisons. Such youth must be separated by sight and sound from the rest of the population at the juvenile facilities. The law was passed in order to serve older youth in a more rehabilitative way. The change also facilitated the closure of an adult facility and more efficient use of one of the state’s two juvenile facilities. S.P. 133/Act No. 28, signed into law and effective April 9, 2013.
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Virginia Avoids Attempt to Increase Police in Schools, H.B. 2347
Tags: Virginia | Fiscal Issues and Funding | School-to-Prison Pipeline | Legislation
Despite the governor’s recommendations to his School and Campus Safety Task Force that the state spend an additional $33 million on school policing, security, and mental health, the task force did not endorse bills to place a school resource officer (SRO) in every Virginia school (including elementary schools). The final budget included only $1.3 million in new funding for SROs and a revolving fund for safety-related infrastructure improvements. Two bills that would have greatly increased sharing of juvenile law enforcement records (H.B. 2347 and H.B. 2344) were also scaled back.
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Idaho Youth Receive Broad Right to Counsel and Protections in Court Proceedings
Tags: Idaho | Juvenile Defense and Court Process | Legislation
Thanks to a new Idaho law adding new protections for youth in court, statements made by youth in diversion proceedings are now inadmissible as evidence of guilt in adjudication proceedings. The law also grants youth the same right to counsel as adults; youth now have the right to representation at all stages of a case, including revocation of probation, appeal, and other post-disposition matters or review proceedings. Any waiver of the right to counsel must be made in writing, on the record, and upon a finding of the court that takes into consideration age, maturity, the presence of a parent/guardian, the seriousness of the offense, collateral consequences, and whether there is a conflict between the interests of the youth and his or her parent or guardian. The law prohibits waiver of counsel in certain circumstances, including if a youth is under 14 years of age, is being adjudicated for a felony, at sentencing hearings where the state is recommending commitment, and at competency hearings. H.B. 149/Act No. 222, signed into law April 2, 2013; effective July 1, 2013.
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Colorado Reduces Juvenile Detention Bed Cap, S.B. 177/Act No. 88
Tags: Colorado | Detention | General System Reform | Legislation
Colorado passed legislation to reduce youth incarceration by reducing the juvenile detention bed cap from 422 to 382 beds. A local committee decides which youth to release when the bed cap for a juvenile detention facility is exceeded. The bed cap number is reviewed regularly by the Joint Budget Committee of the Legislature and was designed to limit the number of youth in detention. S.B. 177/Act No. 88, signed into law and effective March 29, 2013.
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Utah Amends Provisions for Judicial Transfer of Youth, H.B. 105
Tags: Utah | Juvenile Defense and Court Process | Youth in the Adult System | Legislation
In an effort to limit the number of youth transferred to adult court, a new Utah law prohibits a judge from transferring a youth to adult court if there is clear and convincing evidence that such transfer would be contrary to the best interest of the youth and the public. The youth may present evidence and, in making his or her determination whether to transfer a youth, a judge must consider two new factors: the number and nature of the youth’s prior adjudications in juvenile court and whether public safety would be better served by keeping the youth in juvenile court or transferring the youth to adult court. H.B. 105/Act No. 186, signed into law March 27, 2013; effective May 14, 2013.
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Virginia Avoids Attempt to Increase Police in Schools, H.B. 2344
Tags: Virginia | Fiscal Issues and Funding | School-to-Prison Pipeline | Legislation
Despite the governor’s recommendations to his School and Campus Safety Task Force that the state spend an additional $33 million on school policing, security, and mental health, the task force did not endorse bills to place a school resource officer (SRO) in every Virginia school (including elementary schools). The final budget included only $1.3 million in new funding for SROs and a revolving fund for safety-related infrastructure improvements. Two bills that would have greatly increased sharing of juvenile law enforcement records (H.B. 2347 and H.B. 2344) were also scaled back.
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Utah Abolishes Life without Parole for Most Offenses Committed by Youth Under 18, S.B. 228
Tags: Utah | Juvenile Defense and Court Process | Life Without Parole and Parole Issues | Legislation
Utah eliminated the sentence of life without parole for most offenses committed by youth under age 18. The legislation was spurred by the U.S. Supreme Court’s decision in Miller v. Alabama, although Utah was not required to change its sentences because it did not have any laws mandating life without parole sentences for youth. Individuals sentenced to life without parole for offenses committed when they were under age 18 are now eligible for parole review after 25 years. S.B. 228/Act No. 81, signed into law March 22, 2013; effective May 14, 2013.
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Utah Increases Oversight of Youth Courts, S.B. 119
Tags: Utah | Juvenile Defense and Court Process | Legislation
Utah modified provisions relating to Utah Youth Courts, adding a requirement that youth courts must be certified in order to accept referrals, and allowing records of youth court proceedings to be shared only with the referring agency, the victim and the juvenile court. The law is a result of efforts to standardize the practices and program requirements of youth courts across the state. S.B. 119/Act No. 27, signed into law March 21, 2013; effective May 14, 2013.
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Virginia Law Clearly Defines Bullying in Order to Avoid Over-Criminalizing Youth, H.B. 1871
Tags: Virginia | School-to-Prison Pipeline | Legislation
The Virginia General Assembly added a clear definition of bullying to its anti-bullying statute, in order to distinguish true bullying from ordinary peer conflict. Now, bullying is “any aggressive and unwanted behavior that is intended to harm, intimidate, or humiliate the victim; involves a real or perceived power imbalance between the aggressor or aggressors and victim; and is repeated over time or causes severe emotional trauma.” The definition specifically excludes ordinary teasing, horseplay, or arguments. The definition is written in a way that youth can understand, avoiding overly legalistic language, and is intended to be specific enough so that innocent behavior isn’t included. The change is an effort to avoid the overuse of zero tolerance policies and the over-criminalization of normal youth behavior. H.B. 1871/Act No. 575, signed into law March 20, 2013; effective July 1, 2013.
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Colorado Protects Voting Rights of Youth Who Are Incarcerated , H.B. 1038/Act No. 28
Tags: Colorado | Legislation
Colorado passed legislation to ensure that youth in custody of the Division of Youth Corrections who are eligible to vote will be able to register and cast a mail-in ballot. Administrators of facilities must facilitate registration, voting, and provide eligible youth with information of their voting rights. H.B. 1038/Act No. 28, signed into law and effective March 15, 2013.
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Legislative Task Force Recommends Increased Community-Based Programming, S.C.R. 35
Tags: Kentucky | Community-Based Alternatives and Supervision | Legislation
Building on the work of a task force created in 2012 to study the Unified Juvenile Code (H.C.R. 129/Act No. 37), a 2013 task force in Kentucky studied issues related to youth who commit status offenses, alternatives to detention, reinvestment of savings from reduced use of facilities to create community-based treatment programs, and the feasibility of establishing an age of criminal responsibility, among other issues. The task force’s report, released December 19, 2013, found that Kentucky spends over half of its budget on secure and non-secure residential facilities; significant resources are spent on out-of-home placements for youth who commit status offenses; there is a lack of funding for community-based services and alternatives; and the majority of cases in the juvenile justice system are for lower-level offenses. The task force recommended expanding community-based services; focusing out-of-home placements on youth who commit more serious offenses, and reinvesting resulting savings in prevention and early intervention efforts; increasing the effectiveness of juvenile justice programs and services and improving oversight of reform implementation; and tracking performance measures. S.C.R. 35, signed into law March 14, 2013.
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Virginia Facilitates Reentry for Older Dual-Jurisdiction Youth, S.B. 863
Tags: Aftercare/Reentry | Crossover and Dual Jurisdiction Youth | Legislation
Older youth in Virginia who were wards of the child welfare system prior to being committed to the Department of Juvenile Justice (DJJ) are now eligible for independent living services upon release from DJJ. Ninety days prior to release, youth aged 18 to 21 are eligible to receive information on available independent living services and the court must work with the Department of Social Services to develop a plan to help the youth transition successfully to independent living. The law explicitly requires DJJ and DSS to work collaboratively to ensure communication regarding services and facilitate transition planning. S.B. 863/Act No. 362, signed into law March 14, 2013; effective July 1, 2013.
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Virginia Removes Non-Gun Weapons from Automatic Expulsion Statute, H.B. 1866
Tags: Virginia | School-to-Prison Pipeline | Legislation
Prior to a new legislative change in Virginia, the state’s automatic expulsion statute defined “firearm” to mean guns as well as other weapons that are not guns, such as knives, razor blades, and slingshots. This forced schools to automatically expel any student who brought such an item to school. The law now restricts the definition of “firearm” to actual guns. H.B. 1866/Act No. 288, signed into law March 13, 2013; effective July 1, 2013.
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Virginia Allows Youth to Have their Cases Reviewed Based on New Scientific Evidence, H.B. 1308
Tags: Virginia | Juvenile Defense and Court Process | Legislation
Virginia now allows youth who have been adjudicated in the juvenile justice system to submit a motion for the evaluation of new or previously untested scientific evidence. Previously, only individuals in the adult system could file such a motion. The law also gives the Virginia Supreme Court and Courts of Appeals the power to review such petitions and issue writs of innocence for youth who are exonerated based on such evidence. H.B. 1308/Act No. 170, signed into law March 12, 2013; effective July 1, 2013.
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Wyoming Requires Law Enforcement to Notify Parents When Issuing Citations to Youth, H.B. 175
Tags: Wyoming | Juvenile Defense and Court Process | Status Offenses | Youth in the Adult System | Legislation
Wyoming state law now requires law enforcement to attempt to notify parents and guardians of youth who are issued citations for a violation of state or federal law or municipal ordinances. The law is an attempt to address the problem of many youth being issued citations and sent to adult court—the default court for most misdemeanors and violations in Wyoming—without their parents or guardians ever receiving notice. H.B. 175, signed into law March 7, 2013; effective July 1, 2013.
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South Dakota Adds Competency Protections for Youth with Mental Illness or Developmental Disability
Tags: South Dakota | Brain and Adolescent Development | Mental Health and Substance Abuse | Legislation
South Dakota now allows a youth, the state, or the court to raise the issue of a youth’s competency to proceed at any point in a juvenile case if there is reasonable cause to believe the youth is suffering from a mental illness or developmental disability that renders the youth incompetent to proceed. If the court finds that a competency determination is necessary, it must order an evaluation of the youth by a licensed psychiatrist or psychologist within 30 days. All proceedings must be suspended pending the outcome of the competency determination. Examiners must evaluate the youth’s capacity to understand the allegations in the petition, ability to understand the nature of the adversarial process, understand the range of possible dispositions, effectively assist his or her attorney, and testify in court. H.B. 1073/Act No. 121, signed into law March 4, 2013; effective July 1, 2013.
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Wyoming Bans Mandatory Life without Parole for Youth Under 18, H.B. 23
Tags: Wyoming | Juvenile Defense and Court Process | Life Without Parole and Parole Issues | Legislation
Following Miller v. Alabama and a state Supreme Court case (Bear Cloud v. State, 294 P.3d 36 (2013)), Wyoming eliminated mandatory life without parole sentences for crimes committed by youth under age 18. Youth may still be sentenced to life without parole for certain crimes, but must become eligible for parole once they have served at least 25 years, or if their sentence is commuted to a term of years. H.B. 23/Act No. 18, signed into law February 14, 2013; effective July 1, 2013.
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Legislature Sets Juvenile Competency Standards for Michigan Courts, H.B. 4555
Tags: Michigan | Juvenile Defense and Court Process | Mental Health and Substance Abuse | Legislation
Michigan passed two laws that set new competency standards for juvenile proceedings. The laws establish a presumption of incompetence for any child under age 10, and a process for attorneys to raise competency issues for youth 10 and older in juvenile court; require that examiners have experience and expertise in child and adolescent forensic evaluations; require use of the Juvenile Adjudicative Competency Interview (JACI) or similarly-approved evaluative instrument; require youth to be placed in the least restrictive environment while awaiting and undergoing evaluations; and create an avenue for competency restoration before prosecution proceeds, or, in some cases, provision of mental health services if competency cannot be restored. S.B. 246/Act No. 541 and H.B. 4555/Act No. 540, signed into law January 2, 2013; effective March 28, 2013.
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Legislature Sets Juvenile Competency Standards for Michigan Courts, S.B. 246
Tags: Michigan | Juvenile Defense and Court Process | Mental Health and Substance Abuse | Legislation
Michigan passed two laws that set new competency standards for juvenile proceedings. The laws establish a presumption of incompetence for any child under age 10, and a process for attorneys to raise competency issues for youth 10 and older in juvenile court; require that examiners have experience and expertise in child and adolescent forensic evaluations; require use of the Juvenile Adjudicative Competency Interview (JACI) or similarly-approved evaluative instrument; require youth to be placed in the least restrictive environment while awaiting and undergoing evaluations; and create an avenue for competency restoration before prosecution proceeds, or, in some cases, provision of mental health services if competency cannot be restored. S.B. 246/Act No. 541 and H.B. 4555/Act No. 540, signed into law January 2, 2013; effective March 28, 2013.
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Michigan Expands Juvenile Record Expungement, H.B. 5600
Tags: Michigan | Legislation
Michigan youth may now petition for expungement of their juvenile records at age 18 or one year after adjudication, whichever is later. Records may be expunged for up to one felony and two misdemeanors, or, if the youth has no felony adjudications, up to three misdemeanors. Any offenses committed together within a 12-hour period are considered one incident. A non-public record will still be maintained by law enforcement. H.B. 5600/Act No. 527, signed into law and effective December 28, 2012.
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Legislative Research Commission Recommends Raising the Age for Youth Charged with Misdemeanors, Legislative Research Commission's Committee on Age of Juvenile Offenders
Tags: North Carolina | Juvenile Defense and Court Process | Legislation | Reports
The North Carolina Legislative Research Commission’s Committee on Age of Juvenile Offenders issued a report in December 2012 recommending that the state raise the age of juvenile court jurisdiction from 16 to 18 for youth who are charged with misdemeanors. The committee recommended passage of S.B. 434 from the 2011 session, which would raise the age for misdemeanors, but would keep in adult court 16- and 17-year olds previously convicted of felonies in adult court.
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Legislature Encourages Use of Evidence-Based Practice and Least Restrictive Interventions, S.B. 850
Tags: Pennsylvania | Evidence-Based Practices | Legislation
In another move to address the Luzerne County “kids for cash” scandal, the Pennsylvania General Assembly amended the purpose clause of the Juvenile Act. The new clause states that the juvenile justice system must use evidence-based practices whenever possible. Additionally, courts must impose the “least restrictive intervention that is consistent with the protection of the community, the imposition of accountability for the offenses committed and the rehabilitation, supervision and treatment needs of the child,” imposing confinement only if necessary and for the minimum amount of time to achieve the purposes of the act. S.B. 850/Act No. 204, signed into law and effective October 25, 2012.
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Pennsylvania Eliminates Mandatory Life-Without-Parole Sentences for Youth, S.B. 850
Tags: Pennsylvania | Juvenile Defense and Court Process | Life Without Parole and Parole Issues | Legislation
Youth in Pennsylvania may no longer receive mandatory life-without-parole sentences for offenses committed when under age 18. The law—Pennsylvania’s move to come into compliance with Miller v. Alabama—provides alternative minimum sentences ranging from 20 years to life to 35 years to life, depending on the offense and the youth’s age. In determining whether to sentence a youth to life without parole, courts must consider age-related characteristics of the youth, including, age, maturity, mental capacity, and prior history. S.B. 850/Act No. 204, signed into law and effective October 25, 2012.
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Pennsylvania Establishes Justice Reinvestment Fund, H.B. 135
Tags: Pennsylvania | Community-Based Alternatives and Supervision | Fiscal Issues and Funding | Legislation
The Pennsylvania General Assembly established the Justice Reinvestment Fund, funded by savings accrued to the Department of Corrections from reductions in the state’s prison population, increased diversion of adults convicted of low-level offenses, and improved efficiencies in the parole system. For the 2013-14 fiscal year, 75 percent of the total calculated savings from the prior fiscal year were allocated to the fund. A portion of the fund must be spent on programs for youth in the justice system. The legislation authorizes continued funding, at a lower percentage, through fiscal year 2017-18. H.B. 135, signed into law October 25, 2012; effective December 24, 2012.
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California Allows Resentencing for Certain Youth in Prison
Tags: California | Juvenile Defense and Court Process | Life Without Parole and Parole Issues | Legislation
Legislature passed a law that allows individuals sentenced to life without parole for crimes committed as youth to petition for resentencing after they have served 15 years. At that time, judges have the discretion to change a sentence from life without parole to 25 years to life. The law requires judges to review eight factors related to the petitioner's criminal and developmental history and the petitioner must submit a statement addressing his or her remorse and work towards rehabilitation. If the sentence is not changed on the first attempt, individuals may reapply for resentencing after having served 20 and 24 years. The law is retroactive. S.B. 9/Act No. 828, signed into law September 30, 2012; effective January 1, 2014.
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California Commits Majority of Gang Prevention and Youth Violence Funding to Evidence-Based Programs
Tags: California | Gangs | Evidence-Based Practices | Legislation
The California Board of State and Community Corrections (BSCC) is now required to ensure that within three years, no less than 70 percent of funding for gang and youth violence suppression, intervention, and prevention programs is put toward programs that utilize “promising and proven evidence-based practices and principles.” The BSCC is also to work with local governments to help develop regional partnerships in order to serve a broader population and maximize the impact of state funds. A.B. 526/Act No. 850, signed into law September 30, 2012.
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California Fair Sentencing for Youth Act - SB 9
Tags: California | Life Without Parole and Parole Issues | Legislation
California SB 9 allows youth sentenced to die in prison the chance to petition for reconsideration of the sentences after they have served 15 years; at that point, judges will have the option to change a sentence from life without parole to 25 years to life.
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California Expands Tattoo Removal Program for Youth
Tags: California | Legislation
California expanded eligibility for a Division of Juvenile Justice voluntary tattoo removal program for youth ages 14 to 24. Previously, the program was only available to youth with gang-related tattoos. The new law expands eligibility to include individuals with tattoos used for identification in trafficking and prostitution. A.B. 1956/Act No. 746, signed into law September 29; effective January 1, 2013.
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Law Curbs Use of Restraints on Women in Labor in Prison
Tags: California | Girls | Shackling | Legislation
The California legislature amended the penal code to prohibit restraint by the use of leg irons, waist chains, or handcuffs behind the body of a woman who is incarcerated and is pregnant, is in labor, in recovery, or has recently given birth. Such restraint may only be used when deemed necessary for the safety and security of the woman, staff, or the public. The law also requires that women who are incarcerated be advised of these standards orally or in writing. A.B. 2530/Act No. 726, signed into law September 28, 2012.
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California Encourages Use of Alternative Means of Discipline in Order to Reduce Suspensions and Expulsions
Tags: California | School-to-Prison Pipeline | Legislation
A new California law expands the authority of school administrators to use alternative means of discipline before suspending or expelling students, including students with disabilities. Stating an intention to reduce the overuse of suspension and expulsion, particularly of students of color, students with disabilities, LGBT youth, and other vulnerable populations, the law authorizes administrators to use alternatives that “are age-appropriate and designed to address and correct the student’s misbehavior.” Such alternatives include conferences with parents; referrals to a psychologist; enrollment in a restorative justice, anger management, or prosocial behavior program; referral for a comprehensive psychosocial or psychoeducational assessment; positive behavioral supports with tiered interventions during the school day; and after-school programs that address behavioral problems and/or expose students to positive activities. A.B. 1729/Act No. 425, signed into law September 21, 2012; effective January 1, 2013.
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California Limits Mandatory Expulsion
Tags: California | School-to-Prison Pipeline | Legislation
A new California law changes the listed offenses for which a youth must be recommended for expulsion from school. Possession of over-the-counter or medication prescribed for the student is now exempt from provisions requiring automatic expulsion for possession of a controlled substance. Additionally, possession of an imitation firearm is no longer an automatic suspension or expulsion offense. The law also authorizes a principal or superintendent to not recommend expulsion for listed offenses if he or she determines that an alternative means of correction would address the conduct. A.B. 2537/Act No. 431, signed into law September 21, 2012; effective January 1, 2013.
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California Schools Prohibited from Denying Entry to Youth Involved in the Juvenile Justice System
Tags: California | School-to-Prison Pipeline | Legislation
California amended its education code to prohibit a public school from denying enrollment or readmission to a student solely based upon contact with the juvenile justice system including, but not limited to: arrest, adjudication by juvenile court, formal or informal supervision by a probation officer, or detention for any length of time in a juvenile facility or enrollment in a juvenile court school. S.B. 1088/Act No. 381, signed into law September 19, 2012; effective January 1, 2013.
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California Limits Sex Offender Registration
Tags: California | Sex Offender Registries | Legislation
California modified existing law to remove specified offenses requiring registration as a sex offender from those provisions that allow the court, in certain circumstances, to retain jurisdiction over an individual until that person reaches his or her mid-20s (jurisdiction normally ends at age 21). The change applies retroactively. A.B. 1481/Act No. 342, signed into law and effective September 17, 2012.
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Law Provides for Expungement of Juvenile Prostitution Convictions
Tags: California | Confidentiality | Legislation
California law provides that a person who has reached 18 years of age may petition the court to seal all records relating to his or her case in juvenile court if he or she has not subsequently been convicted of a felony or misdemeanor involving moral turpitude, and if the person has been rehabilitated to the court’s satisfaction. The California State Legislature amended the law to include a person who was adjudicated for prostitution. Such individuals may now petition to have these records sealed without having to show they have not been subsequently convicted of a felony or misdemeanor involving moral turpitude, or that rehabilitation has been attained. Individuals who paid money, or attempted to pay money for prostitution are excluded from the relief provided by the law. A.B. 2040/Act No. 197, signed into law August 27, 2012; effective January 1, 2013.
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Schools Gain Discretion in Reporting Minor Offenses, H.B. 243/Act No. 404
Tags: Delaware | School-to-Prison Pipeline | Legislation
Delaware updated its school code to give schools discretion to handle minor offenses without mandatory reporting to law enforcement (serious offenses must still be reported). Prior to the law, schools were required to report all offenses, no matter how minor. The law also requires that all relevant special education and disciplinary records for students with disabilities be sent to law enforcement to ensure informed charging decisions. H.B. 243/Act No. 404, signed into law and effective August 16, 2012.
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Massachusetts Prohibits Arrest of “Children Requiring Assistance”, S.B. 2410
Tags: Massachusetts | Legislation
Massachusetts youth may no longer be arrested for running away, truancy, or stubborn behavior, and such youth may not be confined in shackles or placed in court lockup or any other facility meant for youth in the delinquency system. Instead, law enforcement may place such youth in custodial protection and must immediately notify their parents or guardians. Prior to disposition, a hearing must be held to discuss appropriate services, treatment, or placement. The law also renames Massachusetts’ “Children in Need of Services (CHINS)” system to “Families and Children Requiring Assistance” and establishes a statewide network of child and family service programs and resource centers to coordinate community-based services for screening, assessment, and referrals for behavioral health and medical services, mentoring, family and parent support, and after-school opportunities. S.B. 2410/Act No. 240-2012, signed into law August 7, 2012; effective November 5, 2012.
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North Carolina Eliminates Mandatory Life without Parole for Youth, S.B. 635
Tags: North Carolina | Life Without Parole and Parole Issues | Legislation
Complying with Miller v. Alabama, North Carolina abolished mandatory life imprisonment without parole for youth convicted of first degree murder for offenses committed while under age 18. Judges now have the option of sentencing youth to life with parole after serving 25 years. At the sentencing hearing, courts must consider mitigating factors, and defense counsel may submit evidence related to the youth’s age, immaturity, mental health, intellectual capacity, ability to appreciate the risks and consequences of his or her behavior, amenability to rehabilitation, and the influence of familial or peer pressure. The issue of whether the new law is retroactive now sits before the North Carolina Supreme Court. S.B. 635/Act No. 2012-148, signed into law and effective July 12, 2012.
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North Carolina Limits Detention for Certain Status Offenses, H.B. 853
Tags: North Carolina | Detention | Legislation
North Carolina youth who are alleged to be “undisciplined” and have willfully failed to appear in court, or who are considered “runaways” may not be detained for more than 24 hours. Previously, such youth could be detained for a maximum of 72 hours. H.B. 853/Act No. 2012-172, signed into law July 12, 2012; effective October 1, 2012.
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North Carolina Limits Probation Officer Visits at Schools, S.B. 707
Tags: North Carolina | Legislation
North Carolina passed a law that limits probation officer visits on school property during school hours. Probation officers may make such visits only with prior authorization from school administrators. Visits must take place in a private area away from the general student population and probation officers may not initiate contact with students while they are in class or between classes. S.B. 707/Act No. 2012-149, signed into law July 12, 2012; effective at the beginning of the 2012-2013 school year.
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Hawaii Protects Victims of Human Trafficking, S.B. 2576
Tags: Hawaii | Victims | Legislation
Hawaii passed legislation that authorizes a person convicted of a prostitution offense to file a motion to vacate the judgment if he or she can prove having been a victim of trafficking. S.B. 2576/Act No. 2012-216, signed into law and effective July 3, 2012.
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Youth Who Are Victims of Human Trafficking Gain Protection under Ohio Law, H.B. 262
Tags: Ohio | Victims | Legislation
Under a new Ohio law that aims to “treat victims as victims rather than as criminals,” youth accused of committing the adult act of solicitation, prostitution, or loitering or charged with offenses related to their trafficking are entitled to participate in a diversion program and receive a guardian ad litem. The juvenile court judge may make orders about the youth’s placement and services and if the court finds the youth completes these rehabilitative services, the underlying charges can be dismissed and the youth’s record can be expunged. H.B. 262/Act No. 142, signed into law and effective June 27, 2012.
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Ohio Addresses Collateral Consequences for Youth, S.B. 337
Tags: Ohio | Collateral Consequences | Youth in the Adult System | Legislation
The Ohio General Assembly passed a bill focused on reducing collateral consequences for both adults and youth involved in the juvenile and adult criminal justice systems. For youth, the law expands eligibility and shortens the timeframe for the expungement of some youth’s juvenile court records, and creates a presumption that youth transferred to adult court be held in juvenile detention facilities instead of adult jails. The law also guarantees that youth who are confined pre-adjudication receive credit toward their sentences for time served in locked facilities. Unfortunately, the original law and subsequent amendments expanded the type of juvenile court records that can be released for certain criminal records checks. S.B. 337/Act No. 131, signed into law June 26, 2012; effective September 28, 2012.
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Ohio Allows Waiver of Driver’s License Suspension for Certain Youth, S.B. 19
Tags: Ohio | Legislation
Ohio judges may now order the Registrar of Motor Vehicles to waive the suspension of the driver’s license or temporary driving permit of youth under 18 if it would seriously affect the youth’s ability to continue with his or her employment, educational training, vocational training, or treatment and if he or she successfully completes an advanced youth driver improvement program. S.B. 19/Act No. 137, signed into law June 26, 2012; effective September 28, 2012.
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South Carolina Allows for Reduction in Probation and Parole Terms for Youth, S.B. 300
Tags: South Carolina | Juvenile Defense and Court Process | Legislation
New legislation in South Carolina allows the Department of Juvenile Justice (DJJ) to reduce probation or parole terms for youth. DJJ may reduce the terms up to ten days for each month that youth comply with the terms and conditions of their probation or parole. S.B. 300/Act No. 227, signed into law and effective June 18, 2012.
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South Carolina Expands Authority for Community Evaluations of Youth, S.B. 300
Tags: South Carolina | Juvenile Defense and Court Process | Legislation
A new South Carolina law relaxes the requirements for court-ordered residential evaluations. Prior to disposition, all youth in South Carolina who are adjudicated delinquent must be evaluated; evaluations can take place either in the community or the court may commit a youth to the Department of Juvenile Justice (DJJ) for up to 45 days for evaluation in a secure facility. The new law allows evaluations in the community for youth who have been ordered by the court to have a residential evaluation unless the underlying order has found the youth to be a flight risk or a risk to public safety, or if the underlying charge is a felony. The new statute also makes it clear that a community evaluation is equivalent to a residential evaluation, even if they are not identical. S.B. 300/Act No. 227, signed into law and effective June 18, 2012.
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Connecticut Removes Some Roadblocks to Keeping Youth in Juvenile Court, H.B. 6001/Act No. 12-1
Tags: Connecticut | Juvenile Defense and Court Process | Youth in the Adult System | Legislation
Connecticut state law requires youth 14 and older charged with Class A or B felonies to be transferred to adult court, but a youth charged with a Class B felony may be sent back to juvenile court if both the prosecutor and defense counsel agree that the youth would be better served there. Prior to new legislation, the prosecutor had only 10 days to file a motion to transfer a youth back to juvenile court; the legislation eliminates the 10-day limit. For youth charged with other felonies, the law moves discretionary transfer hearings out of adult court and back to juvenile court. A court may only transfer such a case if “the best interests of the child and the public” will not be served by keeping the case in juvenile court. In making this finding, the court must consider the existence and seriousness of any prior offenses, any evidence of mental illness or intellectual disability, and the availability of appropriate services in juvenile court. H.B. 6001/Act No. 12-1, signed into law June 15, 2012; effective October 1, 2012.
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Legislature Strengthens Licensing Requirements for Juvenile Detention Facilities
Tags: Louisiana | Institutional Conditions | Legislation
Louisiana amended the licensing provisions for juvenile detention facilities, establishing penalties for operating a facility without a valid license and allowing the Department of Child and Family Services (DCFS) to develop a corrective action plan for facilities in violation of detention standards. Facilities that violate licensing standards may be fined or be subject to an injunction against any illegal or unsafe operations. Any fines collected will go into the newly established “Juvenile Detention Licensing Fund,” which will fund education and training of employees, staff, or other personnel at youth facilities. H.B. 982/Act No. 814, signed into law June 13, 2012; effective January 1, 2013.
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Rhode Island Creates Commission to Study Impact of SORNA Implementation, S.R. 2572
Tags: Rhode Island | Sex Offender Registries | Legislation
In response to strong pressure from advocates against legislation to comply with the federal Sex Offender Registration and Notification Act (SORNA), the Rhode Island Senate passed a resolution creating a study commission to examine the constitutional and fiscal implications of implementing SORNA’s mandates. The commission was extended by another resolution in 2013. S.R. 2572, passed Senate June 12, 2012; S.R. 998, passed Senate June 18, 2013.
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Colorado Softens Sentencing Options for Certain Youth, H.B. 1310/Act No. 268
Tags: Colorado | Juvenile Defense and Court Process | Youth in the Adult System | Legislation
A new Colorado law extends the time period for deferral of adjudication of a youth for a sex offense from one year to two years, with the option to extend it to five years with good cause shown. The extension allows more time for youth to complete sex offender treatment. Additionally, deferred adjudications are eligible for expungement, despite a general state prohibition on expungement of records of sex offenses. The law also establishes a new “aggravated juvenile offender” provision, which allows consecutive sentencing in juvenile court of youth adjudicated for first and second degree murder. The law provides an alternative to prosecuting such youth in adult criminal court—youth who are classified as aggravated juvenile offenders remain in juvenile facilities until the age of 21. At age 20 ½, a hearing is held at which a judge decides how the sentence should be managed and whether the youth should be released or transferred to an adult facility, program, or parole. H.B. 1310/Act No. 268, signed into law June 7, 2012; effective June 12, 2012.
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Legislation Makes Filing of a Complaint a Last Resort
Tags: Louisiana | Juvenile Defense and Court Process | Legislation
Louisiana now requires any agency wishing to file a complaint in juvenile court to utilize “all appropriate and available” resources prior to filing the complaint. If the agency does file a complaint, it must provide documentation of all steps it has taken prior to the filing. If a school files a complaint, it must document meetings held with the youth, meetings with the youth’s caretaker, and referral of the youth to school behavior support personnel. S.B. 467/Act No.660, signed into law June 7, 2012; effective August 1, 2012.
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Legislature Aims to Improve Education for Committed Youth
Tags: Louisiana | Institutional Conditions | Legislation
Recognizing that education is one of the most important aspects of rehabilitation, Louisiana established a policy to help ensure all youth committed to the Department of Public Safety and Corrections receive a quality education. All youth must be assessed using a research-based diagnostic tool within 30 days of placement to a secure facility. The department will use this assessment to develop an academic plan and timetable to improve the youth’s reading ability, bring the child up to grade level, or help the youth prepare for a high school diploma, GED, or a certificate of achievement from the Special School District. S.B. 156/Act No. 629, signed into law and effective June 7, 2012.
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Louisiana Prohibits Life-Without-Parole Sentences for Non-Homicide Offenses
Tags: Louisiana | Life Without Parole and Parole Issues | Legislation
Louisiana passed legislation to end juvenile life without parole for non-homicide offenses. The bill follows the ruling in Graham v. Florida, 560 U.S. 48 (2010), providing parole eligibility for youth sentenced to life imprisonment who have reached age forty-five, served twenty years of the imposed sentence, and have no serious disciplinary offenses. The parole board must consider a risk assessment, an evaluation by an expert in adolescent brain development, and any other relevant information. S.B. 317/Act No. 466, signed into law June 1, 2012; effective August 1, 2012.
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Louisiana Protects Child Trafficking Victims from Prosecution for Prostitution
Tags: Louisiana | Victims | Legislation
Thanks to a new Louisiana law, youth who are victims of trafficking may not be adjudicated as delinquent for prostitution-related offenses. The law also allows youth who were victims of trafficking and were adjudicated delinquent for prostitution-related offenses to have their records expunged. H.B. 49/Act No. 446, signed into law June 1, 2012; effective August 1, 2012.
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Rhode Island Prohibits Out-of-School Suspension for Truancy, H.B. 7287
Tags: Rhode Island | School-to-Prison Pipeline | Legislation
The Rhode Island General Assembly passed legislation that prohibits schools from using a student’s truancy or absenteeism as the sole basis for an out-of-school suspension. As a result of the law, Rhode Island schools reported 27 percent fewer out-of-school suspensions during the 2012-2013 school year, as compared with the previous year. H.B. 7287, signed into law and effective May 30, 2012.
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Children in Need of Services Petitions May Now Include Delinquency Offenses
Tags: New Hampshire | Crossover and Dual Jurisdiction Youth | Legislation
New Hampshire expanded eligibility for its Children in Need of Services (CHINS) program. Youth under the age of 18 who have committed offenses that are considered delinquent acts may now be eligible for a CHINS petition, allowing them and their families to receive support services and treatment from the state without youth entering the delinquency system. S.B. 349/Act No. 110, signed into law and effective May 29, 2012.
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Pennsylvania Bans Indiscriminate Shackling of Youth in Court, S.B. 817
Tags: Pennsylvania | Juvenile Defense and Court Process | Shackling | Legislation
A new law in Pennsylvania requires that restraints be removed from youth prior to court proceedings. The law provides for exceptions if the court makes a determination—on the record and with the input of the youth—that restraints are necessary to prevent physical harm to the youth or another person; to prevent disruptive courtroom behavior, given evidence of prior potentially harmful behavior; or to prevent the youth from fleeing, provided there is evidence of risk of escape. S.B. 817/Act No. 56, signed into law May 29, 2012; effective July 28, 2012.
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Alaska Changes Access to Department of Health and Human Services Records, H.B. 343
Tags: Alaska | Confidentiality | Crossover and Dual Jurisdiction Youth | Legislation
The Alaska State Legislature added state and municipal child placement agencies to the list of approved recipients of otherwise confidential juvenile delinquency records from the Department of Health and Human Services. The legislation also modified the standards for disclosure of information to the public regarding minors who have been adjudicated delinquent. The law was crafted with the aim of improving collaboration between juvenile justice and child protection agencies. The clarifications included in the law are also intended to reduce the risk of accidental or mistaken disclosure of records. H.B. 343/Act No. 2012-38, signed into law May 24, 2012; effective July 1, 2012 (May 25, 2012 for Section 5).
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A Multi-State Recidivism Study Using Static-99R and Static-2002 Risk Scores and Tier Guidelines From the Adam Walsh Act
Tags: Federal | Sex Offender Registries | Legislation | Reports | Research
This study seeks to examine important components of our nation’s sex offender tracking and monitoring systems, with a focus on risk assessment and sexual recidivism (measured by re-arrest). On average, the study finds that the recidivism rate was approximately 5% at five years and 10% at 10 years. AWA tier was unrelated to sexual recidivism. The findings indicate that the current AWA classification scheme is likely to result in a system that is less effective in protecting the public than the classification systems currently implemented in the states studied.
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Mississippi Passes Juvenile Detention Reform Act, S.B. 2598
Tags: Mississippi | Detention | General System Reform | Legislation
The Mississippi Legislature passed a comprehensive juvenile detention reform law, a collaborative initiative with the Annie E. Casey Foundation’s Juvenile Detention Alternatives Initiative (JDAI). The legislation addresses both placement of youth in detention (e.g., youth court judges are now required to issue a written order before a child may be taken into custody) and conditions (e.g., facilities must develop policies that limit the circumstances when a youth can be confined to a cell). Additionally, the legislation established the Juvenile Detention and Alternatives Task Force to support the expansion of detention alternatives and recommend licensing standards for detention facilities throughout Mississippi. S.B. 2598/Act No. 564, signed into law May 23, 2012; effective July 1, 2012.
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Youth Transferred Back to Juvenile Court Become Eligible for Expungement of Criminal Records
Tags: Maryland | Confidentiality | Youth in the Adult System | Legislation
Maryland amended its expungement provisions to allow youth transferred or “reverse waived” from adult court back to juvenile court for disposition at sentencing to file a petition for expungement and the court is required to grant it. Previously, youth could only file to expunge criminal charges when they were reverse waived to juvenile court prior to trial . S.B. 678/Act No. 563, signed into law May 22, 2012; effective October 1, 2012.
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Delaware Takes Steps to Ensure Competency of Youth, H.B. 253/Act No. 241
Tags: Delaware | Juvenile Defense and Court Process | Mental Health and Substance Abuse | Legislation
Delaware established procedures to ensure competency of youth to stand trial in family court. The law allows any party or the court itself to raise a concern as to whether a youth is competent to proceed at trial, and requires that the youth be examined by at least one mental disability expert if the court determines the youth’s competence to be an issue. The evaluator must submit a report to the court that addresses the youth’s ability to understand the nature of the proceedings, give evidence, and instruct counsel on his or her own behalf; notes any mental illnesses, disabilities, or chronological immaturities; and specifies any conditions that would prevent competency from improving with treatment. The law prohibits statements made by a youth during the competency evaluation from being later admitted as evidence at trial. If the court finds the youth not to be competent, it must provide services or treatment to restore competency. If the youth does not become competent to stand trial, the law outlines timelines for dismissal of the charges, depending on their severity. H.B. 253/Act No. 241, signed into law and effective May 21, 2012.
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Colorado Eliminates Zero Tolerance and Mandatory Expulsions, H.B. 1345/Act No. 188
Tags: Colorado | School-to-Prison Pipeline | Restorative Justice | Legislation
An amendment to the Public School Finance Act eliminated zero tolerance policies and mandatory expulsions in Colorado. The amendment mandates that school discipline policies include interventions that reduce suspensions, expulsions, and referrals to the justice system and law enforcement, with a focus on prevention, intervention, restorative justice, peer mediation, or counseling. The law also establishes graduated sanctions for students who engage in disruptive behavior and mandates training for school resource officers. Schools and law enforcement agencies must collect data, including total school enrollment, average daily attendance rates, dropout rates, average class size, school bullying policies, and conduct and discipline code violations; the data is to be made available to the public upon request. H.B. 1345/Act No. 188, signed into law and effective May 19, 2012.
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Legislature Requires Greater Accountability for Juvenile Court System, H.B. 1546
Tags: Pennsylvania | Juvenile Defense and Court Process | Evidence-Based Practices | Legislation
The Pennsylvania General Assembly increased the responsibilities of the Juvenile Court Judge’s Commission to ensure accountability for effective and efficient administration of the juvenile court system. The commission must collect and analyze data to identify trends and to determine the effectiveness of programs and practices, make recommendations concerning evidence-based programs and practices to judges, and post related information on the commission’s public website. H.B. 1546/Act No. 42, signed into law May 17, 2012; effective July 16, 2012.
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Vermont Revises Delinquency Proceedings to Expand Options for Youth, H.B. 751
Tags: Vermont | Community-Based Alternatives and Supervision | Juvenile Defense and Court Process | Legislation
Vermont revised its laws governing delinquency proceedings in order to create more consistency in proceedings and to expand options available through the family court to help reduce the number of older youth who are processed in adult court. The legislation extends the maximum age that a youth can remain under juvenile probation to 18-and-a-half. Additionally, the law mandates that all youth referred to the delinquency docket have the opportunity to participate in a standard screening/assessment. The identified risk level must then be provided to the prosecutor, who may use it to help decide whether to send the youth to court or to a diversion program. Lastly, the law allows the court to refer youth who plead guilty to delinquency offenses directly to a community-based alternative—bypassing several hearings and probation—where victim restoration and the youth’s skills and needs are addressed. H.B. 751/Act No. 159, signed into law May 17, 2012; effective July 1, 2012.
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Arizona Expands Education Opportunities for Committed Youth, S.B. 1037/Act No. 354
Tags: Arizona | Institutional Conditions | Correctional Education | Legislation
The Arizona State Legislature amended state law to require an appropriate education plan for youth committed to the Arizona Department of Juvenile Corrections (ADJC) or who are supervised in the community. ADJC may assign a youth to a specific public or private educational program, if it is in the best interest of the youth and the community. S.B. 1037/Act No. 354, signed into law May 14, 2012; effective August 2, 2012.
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Youth Convicted of Prostitution-Related Offenses May Petition to Have Records Expunged, H.B. 1151/Act No. 174
Tags: Colorado | International and Human Rights | Legislation
Colorado passed legislation that allows youth victims of human trafficking who were convicted of prostitution-related offenses in juvenile court to petition the court to have their records expunged, despite broader state law prohibiting expungement of sex offense records. A petition to expunge juvenile records for prostitution-related offenses may be filed at any time. H.B. 1151/Act No. 174, signed into law May 11, 2012; effective August 8, 2012.
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Legislature Mandates Examination of Detention Practices in Maryland
Tags: Maryland | Community-Based Alternatives and Supervision | Youth in the Adult System | Legislation
Maryland passed legislation requiring the Department of Juvenile Services (DJS) to report on how it will work to ensure that youth charged as adults can be detained within juvenile facilities and how it will reduce the overall number of youth held in detention. DJS’ report, submitted in December 2012, discussed its work with the Juvenile Detention Alternatives Initiative to reduce reliance on detention, use of prevention and diversion services, use of an objective risk assessment instrument to guide detention decisions, and efforts to reduce the numbers of youth held in detention while pending placement. H.B. 1122/Act No. 416, signed into law May 2, 2012; effective July 1, 2012.
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Police Must Notify Parents or Guardians When Youth are Arrested
Tags: Maryland | Juvenile Defense and Court Process | Legislation
Maryland law now requires a law enforcement officer who charges a youth with a criminal offense to make a reasonable attempt to notify the child’s parent or guardian. Similarly, a law enforcement officer or the officer’s designee who takes a youth into custody is required to make a reasonable attempt to notify the youth’s parent or guardian of the arrest within 48 hours of the arrest. H.B. 1138/Act No. 417, signed into law May 2, 2012; effective October 1, 2012.
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Vermont Allows Prostitution Convictions Resulting from Human Trafficking to Be Expunged, S.B. 122
Tags: Utah | Juvenile Defense and Court Process | Victims | Legislation
Vermont now allows a person to file a motion to vacate a prostitution conviction if the conviction was the result of the person having been a victim of human trafficking. If the motion is granted, the person’s record for the offense must be expunged. S.B. 122/Act No. 2012-94, signed into law and effective May 1, 2012.
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Mississippi Removes Youth from Walnut Grove Correctional Facility and Creates Youthful Offender Unit for Youth Convicted as Adults, H.B. 523
Tags: Mississippi | Brain and Adolescent Development | Detention | Institutional Conditions | Youth in the Adult System | Court Decisions and Related Documents | Legislation
After Mississippi advocates filed a class-action lawsuit against the Walnut Grove Correctional Facility over conditions of confinement, provisions of a subsequent settlement agreement were incorporated into state legislation. In addition to the lawsuit, the facility was simultaneously subject to a U.S. Department of Justice investigation, which found that the conditions at Walnut Grove violated the constitutional rights of youth. The investigation revealed that staff engaged in sexual misconduct with youth, used excessive force, and were deliberately indifferent to the risk of harm youth posed to one another, youth’s mental health needs, and youth’s serious medical needs. The legislation required youth under 22 years old to be removed from Walnut Grove and directed the Department of Corrections (DOC) to establish a youthful offender unit to house youth 17-years-old and younger who have been convicted as adults; youth ages 18 or 19 may also be housed in the Youthful Offender Unit at the discretion of the DOC Commissioner. The Youthful Offender Unit opened in December of 2012; youth housed there must have interactive, structured rehabilitative and/or educational programming and recreational and leisure activities outside of their cells. All programming must be tailored to the developmental needs of adolescents. H.B. 523/Act No. 489, signed into law and effective April 26, 2012.
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Mississippi Steps Up Dropout Prevention Efforts, Targets Youth Leaving Juvenile Detention, S.B. 2454
Tags: Mississippi | Detention | School-to-Prison Pipeline | Legislation
Mississippi amended its laws relating to the state Office of Dropout Prevention to require local school districts to develop dropout plans based on local needs that create measurable student-centered goals and objectives, target specific subgroups that need assistance meeting graduation requirements, and include dropout recovery initiatives for students ages 17 through 21 who have dropped out of school. Plans must specifically address students who are transitioning from juvenile detention centers back into their home districts. S.B. 2454/Act No. 461, signed into law April 23, 2012; effective July 1, 2012.
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Colorado Limits Direct Filing of Juvenile Cases in Adult Court, H.B. 1271/Act No. 128
Tags: Colorado | Juvenile Defense and Court Process | Youth in the Adult System | Legislation
Colorado amended its current law to limit the direct filing of juvenile cases in adult court. Prior law gave unilateral discretion to prosecutors to select certain youth for prosecution in adult criminal court, with no right to judicial review at any stage of the case. The new law raises the minimum age for direct file from fourteen to sixteen and limits the offenses eligible for direct file to only the most serious crimes (Class 1 and 2 felonies, sexual assault, and violent crimes) and repeat offenses. The new law also provides all youth whose cases are direct filed with the right to request a reverse transfer back to juvenile court. Lastly, the legislation reforms sentencing provisions to eliminate mandatory minimums for mid-level crimes of violence and require all youth convicted of misdemeanors to receive a juvenile disposition. H.B. 1271/Act No. 128, signed into law and effective April 20, 2012.
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Florida Establishes Respite Beds for Youth Accused of Domestic Violence, H.B. 5401
Tags: Florida | Detention | Fiscal Issues and Funding | Legislation
The Florida Legislature expanded the definition of secure detention to include “respite” beds, temporary residential placements for youth accused of domestic violence. As respite beds are less costly than secure detention, this change reduced the overall cost of detention and allowed savings to be shifted in order to provide or contract for respite beds across the state, helping youth accused of domestic violence avoid the trauma of secure detention. H.B. 5401/Act No. 2012-137, signed into law April 20, 2012; effective July 1, 2012.
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Florida Continues to Eliminate Prison Beds and Increase Community-Based Alternatives, H.B. 5001/Act No. 2012-118
Tags: Florida | Community-Based Alternatives and Supervision | Privatization | Legislation
The final FY 2012-13 Florida budget passed by the legislature and signed by the governor eliminated over 300 juvenile beds and reinvested over $6 million in community-based alternatives. The state continued its move toward privatization, however; the budget included proviso language assuring 100 percent privatization of Florida’s juvenile prison system (excluding detention) by the end of the fiscal year. H.B. 5001/Act No. 2012-118, signed into law April 17, 2012; effective July 1, 2012.
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Florida Grants Safe Harbor to Sexually Exploited Youth, H.B. 99
Tags: Florida | Victims | Legislation
A new law in Florida specifies that sexually exploited youth must be treated as dependent rather than delinquent and that the state must provide such youth with care and services—independent of citizenship—if they are not already receiving comparable services. Services may be accessed voluntarily, as a condition of probation, or through a diversion program. The law also increases fines for soliciting prostitutes from $500 to $5,000, using the fines to fund the creation of secure safe houses with special living quarters for sexually exploited youth; provides sexually exploited youth residing in safe houses with an advocate, responsible for accompanying the youth to all important meetings and court appearances; and authorizes the pursuit of training funds to inform law enforcement officials about child sexual exploitation. H.B. 99/Act No. 2012-105, signed into law April 13, 2012; effective January 1, 2013.
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Kentucky - Concurrent Resolution to study Juvenile Code, HCR 129
Tags: Kentucky | Brain and Adolescent Development | Community-Based Alternatives and Supervision | General System Reform | Risk Assessment and Screening | Status Offenses | Legislation
Establish a task force to study the Unified Juvenile Code; establish membership of task force; provide that the task force is to study issues related to status offenders, the use of community resources, alternatives to detention, reinvestment of savings to create community based treatment programs, feasibility of establishing an age of criminal responsibility, issues related to domestic violence and its impact on children exposed to domestic violence, issues related to special needs children, and use of validated risk and needs assessments; require the task force to submit a report to the Legislative Research Commission by November 1, 2012.
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Nebraska Establishes Commission to Study Juvenile Justice Facilities and Services, L.B. 821
Tags: Nebraska | General System Reform | Mental Health and Substance Abuse | Legislation
The Nebraska Legislature created the Nebraska Children’s Commission as a permanent forum for collaboration among state, local, community, public, and private stakeholders in child welfare and juvenile justice programs and services. The Juvenile Services (OJS) Committee was also established as a subcommittee of the Nebraska Children’s Commission, with the mandate to review the role and effectiveness of Youth Rehabilitation and Treatment Centers (YRTCs), including what populations should be served, what treatment services should be provided at YRTCs, how mental and behavioral health services are provided to youth in secure residential placements, and the need for such services in Nebraska’s juvenile justice system. The committee’s December 2013 report includes recommendations related to foundational system principles and a core framework for the system, legal system changes, YRTC facilities and services, and behavioral and mental health systems of care. L.B. 821, signed into law April 11, 2012; effective April 12, 2012 and L.B. 561 signed into law May 29, 2013; effective September 6, 2013.
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Nebraska Raises the Minimum Age for Youth to Be Sent to Secure Juvenile Facilities, L.B. 972
Tags: Nebraska | Juvenile Defense and Court Process | Legislation
The Nebraska Legislature raised the minimum age for commitment to youth rehabilitation and treatment centers (YRTCs) from 12 to 14, with exceptions for youth who commit murder or manslaughter, commit other offenses that lead the court to deem commitment is necessary, or violate probation. The law also mandates employee training to improve YRTC safety. Notably, the legislature rejected a bill that would have moved YRTCs under the control of the Department of Correctional Services, where youth would be unable to access the rehabilitative services provided by the Office of Juvenile Services. L.B. 972, signed into law April 10, 2012; effective July 19, 2012.
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Pennsylvania Guarantees Right to Counsel for Youth, S.B. 815
Tags: Pennsylvania | Juvenile Defense and Court Process | Legislation
Spurred by the 2007 “kids-for-cash” scandal in Luzerne County, Pennsylvania now requires all youth to be represented by counsel in delinquency cases. All children are presumed indigent, and the court must appoint counsel for youth who are not represented. Youth over age 14 may waive their right to counsel only at certain hearings and only following a judicial colloquy that determines the waiver is made knowingly, intelligently, and voluntarily. However, youth must be represented by counsel at detention hearings; transfer hearings; adjudicatory hearings; evidentiary hearings related to the need for treatment, supervision, rehabilitation; disposition hearings; and hearings to modify or revoke probation or an existing disposition. The Pennsylvania Supreme Court also amended the Rules of Juvenile Court Procedure, requiring legal representation for youth in juvenile court proceedings. Most notably, the rule permits waiver of legal representation by children who are at least 14 years of age only in specific situations and even then, the waiver must meet the court’s scrutiny. S.B. 815/Act No. 23, signed into law April 9, 2012; effective June 8, 2012 and Rule 152, amended January 11, 2012; effective March 1, 2012.
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Florida Bans Use of Restraints on Incarcerated Pregnant Women, S.B. 524
Tags: Florida | Girls | Institutional Conditions | Shackling | Legislation
Citing the risks to women and pregnancy and the fact that the vast majority of women who are incarcerated in Florida have committed non-violent offenses, state law now prohibits the use of restraints on a pregnant woman who is incarcerated during labor, delivery, and postpartum recovery. There is an exception for extraordinary circumstances, including substantial risk of flight or injury to medical staff, corrections personnel, or the woman herself. Additionally, the use of restraints is prohibited during the third trimester unless there are documented security risks that require the use of restraints. Any woman who is restrained in violation of the law may file a grievance. All correctional institutions must inform women of the rules upon entry, in the prisoner handbook, and by posting the policies and practices on the walls in visible areas. S.B. 524/Act No. 2012-41, signed into law April 6, 2012; effective July 1, 2012.
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Kansas Raises the Legal Standard for Detention of Youth Charged with Felonies, S.B. 320
Tags: Kansas | Detention | Legislation
Kansas now requires a finding of probable cause—rather than just an allegation—that a youth committed a felony offense in order for the youth to be placed in detention. Detention is also permitted for youth with a history of violence, if there is probable cause that a youth will fail to appear in court, for youth with a felony record, or for youth who violate probation. Ordinary evidentiary rules do not apply at detention hearings, but youth may present evidence that probable cause does not exist, and may request a rehearing within 14 days if the judge orders detention. S.B. 320/Act No. 2012-69, signed into law and effective April 6, 2012.
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Nebraska Expands Community-Based Services for Youth on Probation, L.B. 985
Tags: Nebraska | Community-Based Alternatives and Supervision | Evidence-Based Practices | Legislation
Through the Nebraska Juvenile Service Delivery Project, Nebraska expanded a pilot program to provide community-based services for youth on probation. Legislation expanded the program to three sites and allocated over $8 million for it from the state’s general fund. The legislation’s stated goals include preventing unnecessary commitment of youth, eliminating barriers to services, preventing unnecessary penetration of youth deeper into the juvenile justice system, using the least intrusive and restrictive means of meeting youth’s needs and maintaining public safety, and improving outcomes for youth by using evidence-based practices and responsive case management. L.B. 985 and L.B. 985A, signed into law and effective April 5, 2012.
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Nebraska Expands Community-Based Services for Youth on Probation, L.B. 985A
Tags: Nebraska | Community-Based Alternatives and Supervision | Evidence-Based Practices | Legislation
Through the Nebraska Juvenile Service Delivery Project, Nebraska expanded a pilot program to provide community-based services for youth on probation. Legislation expanded the program to three sites and allocated over $8 million for it from the state’s general fund. The legislation’s stated goals include preventing unnecessary commitment of youth, eliminating barriers to services, preventing unnecessary penetration of youth deeper into the juvenile justice system, using the least intrusive and restrictive means of meeting youth’s needs and maintaining public safety, and improving outcomes for youth by using evidence-based practices and responsive case management. L.B. 985 and L.B. 985A, signed into law and effective April 5, 2012.
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Pennsylvania Courts Must Justify Disposition Determinations, Including Reasons for Out-of-Home Placement of Youth, S.B. 818
Tags: Pennsylvania | Juvenile Defense and Court Process | Legislation
Prior to entering a disposition for a youth, Pennsylvania judges must now state the disposition and the reason for the disposition on the record in open court. Judges must explain the goals, terms, and conditions of the disposition, and, if a youth is sentenced to out-of-home placement, the judge must explain the specifics regarding the facility to which the youth is committed; what findings provide the basis for the commitment; and why such a placement was determined to be the “least restrictive placement that is consistent with the protection of the public and best suited to the child’s treatment, supervision, rehabilitation and welfare.” S.B. 818/Act No. 22, signed into law and effective April 3, 2012.
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New York Approves Close to Home Initiative
Tags: New York | Community-Based Alternatives and Supervision | Deinstitutionalization | Legislation
New York State lawmakers approved a package of major juvenile justice reforms called the “Juvenile Justice Services Close to Home” initiative for inclusion in Governor Cuomo’s 2012 budget. Close to Home aims to place most New York City youth who are adjudicated delinquent in residential facilities near their home communities, reserving secure state confinement facilities for youth who have committed the most serious offenses. Under the law, New York City is to develop a comprehensive system that ensures the least restrictive and most appropriate level of care for all youth. The initiative’s stated goals are to: create a continuum of diversion, supervision, treatment, and confinement; minimize the dislocation of youth from their families and community supports; promote family and community involvement; ensure system accountability; be data-driven and based on “evidence-informed” practices; and provide effective reintegration services, especially with regard to education and treatment services. A. 9057/Act No. 57, signed into law March 30, 2012; effective September 1, 2012.
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Washington Continues to Push for Use of Evidence-Based Practices, H.B. 2536
Tags: Washington | Evidence-Based Practices | Legislation
Based on the positive reports produced by the Washington State Institute for Public Policy, the Washington State Legislature passed a law requiring a thorough overview, inventory, and assessment of evidence-based, research-based, and promising practices in the areas of child welfare, juvenile rehabilitation, and children’s mental health services. The legislation aims to develop a baseline understanding of the availability and use of such practices in the state, understand their cost-effectiveness, and increase their use in the state in a culturally competent manner. The inventory is updated regularly. H.B. 2536/Act No. 232, signed into law March 30, 2012; effective June 7, 2012.
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Washington Encourages Use of Restorative Justice Programs for Diverted Youth, H.B. 1775
Tags: Washington | Restorative Justice | Legislation
In order to encourage better utilization of restorative justice alternatives, which had not been commonly used by diversion boards, Washington State added the term “restorative justice programs” to the list of programs to which youth can be referred when they are diverted from prosecution. H.B. 1775/Act No. 201, signed into law March 30, 2012; effective June 7, 2012.
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Victims of Human Trafficking Provided Affirmative Defense to Prostitution Charges, S.B. 6255
Tags: Juvenile Defense and Court Process | Legislation
An affirmative defense to the charge of prostitution is now available to youth who have been victims of human trafficking. Individuals who were victims of human trafficking and were convicted of prostitution may apply to have their convictions vacated and records sealed, based on a presumption that anyone engaged in the sex trade is the subject of trafficking. S.B. 6255/Act No. 142, signed into law March 29, 2012; effective June 7, 2012.
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Youth Entering Detention Must Be Screened for Developmental Disabilities, S.B. 6157
Tags: Washington | Risk Assessment and Screening | Legislation
By December 31, 2012, counties in Washington State were required to develop and implement detention intake and risk assessment standards for determining whether youth are developmentally disabled. The requirement aims to help the state meet its goal of keeping youth in the community prior to adjudication whenever possible by accurately assessing their risk and needs, and of providing safe and rehabilitative care for youth in detention. S.B. 6157/Act No. 120, signed into law March 29, 2012; effective June 7, 2012.
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Youth Who Complete Deferred Dispositions Are Eligible for Record Sealing, S.B. 6240
Tags: Washington | Juvenile Defense and Court Process | Legislation
Washington State youth whose convictions are vacated after fulfilment of the requirements of a deferred disposition order are now eligible to have their records sealed. Once these youth reach age 18 and have paid required restitution, their files are automatically sealed at an administrative hearing. S.B. 6240/Act No. 177, signed into law March 29, 2012; June 7, 2012.
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Utah Establishes Standards and Procedures for Juvenile Competency Proceedings, H.B. 393
Tags: Utah | Juvenile Defense and Court Process | Mental Health and Substance Abuse | Legislation
Utah enacted new standards and procedures for juvenile competency proceedings. A motion for an inquiry into a youth’s competency may be filed by the youth, the prosecutor, a guardian ad litem, or any person having custody of the youth, or the court may raise the issue at any time. The court may order an evaluation of a youth, to be followed by a competency hearing. Any statement made by the youth during the evaluation may not be used as evidence of guilt for the underlying charge. If it is determined that the youth is incompetent, but that competency may be attained, the youth must be held in the least restrictive setting during the implementation of an “attainment plan.” If the youth does not attain competency within one year of a finding of incompetency, the case must be dismissed without prejudice. H.B. 393 Substitute/Act No. 316, signed into law March 22, 2012; effective May 8, 2012.
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Arizona Law Prohibits the Use of Restraints on Pregnant Women in Prison, S.B. 1184/Act No. 43
Tags: Arizona | Girls | Physical Health | Legislation
A new Arizona law prohibits the use of restraints on women who are pregnant and in prison or detention. Restraints may be used only if requested by medical staff, or in extraordinary circumstances. If restraints are used, they must be used in the least restrictive manner possible, and corrections officials must write a report detailing the reasons why restraints were used. Both juvenile detention centers and juvenile correctional facilities must adopt policies pursuant to the new law. S.B. 1184/Act No. 43, signed into law March 20, 2012; effective March 20, 2012 and April 20, 2012.
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Colorado Requires Youth Charged as Adults to Be Held in Juvenile Facilities Prior to Trial, H.B. 1139/Act No. 18
Tags: Colorado | Detention | Juvenile Defense and Court Process | Youth in the Adult System | Legislation
Colorado amended its statute concerning pretrial detention of youth prosecuted as adults. Existing law provided youth with the right to a hearing to determine whether the youth’s immediate welfare or the protection of the community required that the youth be detained. Now, if the court determines after such a hearing that a youth must be detained, Colorado law requires that all youth charged as adults to be held in juvenile detention facilities rather than adult jails or pretrial facilities. Youth may only be transferred to adult jail upon petition by the juvenile facility and a court hearing. H.B. 1139/Act No. 18, signed into law and effective on March 15, 2012.
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Oregon Facilitates Expungement of Youth Prostitution Records, H.B. 4146
Tags: Oregon | Legislation
Oregon law now requires expungement of juvenile records for prostitution offenses committed by youth under age 18. Such records may be expunged upon motion of the youth, the juvenile department, or the court, without a waiting period, and without a hearing if no objection is filed. H.B. 4146/Act No. 23, signed into law and effective March 5, 2012.
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Youth with Deferred Dispositions May Be Given Conditional Release
Tags: Maine | Community-Based Alternatives and Supervision | Confidentiality | Legislation
Maine law now allows conditional release under the supervision of a community corrections officer as an option for youth with deferred dispositions. The law was enacted in an effort to help youth who are charged in the delinquency system keep their records clean/sealed. H.P. 1206/Act No. 480, signed into law and effective March 1, 2012.
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Virginia Fails to Pass Bill Mandating Lifetime Registration for Youth Convicted of Certain Sex Offenses, H.B. 624 - Failed
Tags: Virginia | Sex Offender Registries | Legislation
Advocates in Virginia helped to defeat a bill that would have mandated lifetime registration for youth over the age of 13 convicted of certain sex offenses. The bill would have been applied retroactively. H.B. 624.
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Pennsylvania Court Rules Allow Admissions Only after Thorough Colloquies, Rule 407
Tags: Pennsylvania | Juvenile Defense and Court Process | Legislation
The Pennsylvania Supreme Court modified its rules regarding admissions made by youth in delinquency cases. The court adopted a mandated admissions colloquy. Attorneys must now review the standard colloquy form with their youth clients prior to entering the courtroom. If the attorney believes that his or her client does not understand the form, the attorney may not allow the youth to make an admission. The court must then conduct an independent inquiry to determine whether the admission was made in accordance with the rules. Rule 407, amended January 18, 2012; effective April 1, 2012.
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Pennsylvania Guarantees Right to Counsel for Youth, Rule 152
Tags: Pennsylvania | Juvenile Defense and Court Process | Legislation
Spurred by the 2007 “kids-for-cash” scandal in Luzerne County, Pennsylvania now requires all youth to be represented by counsel in delinquency cases. All children are presumed indigent, and the court must appoint counsel for youth who are not represented. Youth over age 14 may waive their right to counsel only at certain hearings and only following a judicial colloquy that determines the waiver is made knowingly, intelligently, and voluntarily. However, youth must be represented by counsel at detention hearings; transfer hearings; adjudicatory hearings; evidentiary hearings related to the need for treatment, supervision, rehabilitation; disposition hearings; and hearings to modify or revoke probation or an existing disposition. The Pennsylvania Supreme Court also amended the Rules of Juvenile Court Procedure, requiring legal representation for youth in juvenile court proceedings. Most notably, the rule permits waiver of legal representation by children who are at least 14 years of age only in specific situations and even then, the waiver must meet the court’s scrutiny. S.B. 815/Act No. 23, signed into law April 9, 2012; effective June 8, 2012 and Rule 152, amended January 11, 2012; effective March 1, 2012.
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Delaware Allows for Expungement of Juvenile Records, H.B. 177
Tags: Delaware | Collateral Consequences | Confidentiality | Legislation
Finding that “juvenile arrest records are a hindrance to a person’s present and future ability to obtain employment, obtain an education, or to obtain credit,” the Delaware General Assembly passed a law that requires juvenile arrest and delinquency records to be expunged in specific situations.
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Illinois Creates Racial and Ethnic Impact Research Task Force, S.B. 2271
Tags: Illinois | Racial and Ethnic Disparities | Legislation
Illinois' Racial and Ethnic Impact Research Task Force is to determine a practical method for the standardized collection and analysis of data on the racial and ethnic identity of arrested individuals.
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Illinois Limits Use of Secure Confinement, Illinois, H.B. 83
Tags: Illinois | Community-Based Alternatives and Supervision | Deinstitutionalization | Legislation
Limits judges' ability to commit youth to secure confinement and the Department of Juvenile Justice until they have determined it is necessary, based on "a review of the youth's age, criminal history, mental health assessment and other factors." The bill also requires judges to verify that commitment to the Department of Juvenile Justice is the least restrictive alternative, and that all reasonable efforts to serve youth in their homes have been made.
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Illinois Requires Consideration of Community Alternatives to Incarceration in All Juvenile Cases, H.B. 83
Tags: Illinois | Community-Based Alternatives and Supervision | Deinstitutionalization | Legislation
Legislation now requires juvenile court judges in Illinois to review additional factors before sentencing youth, with the goal of ensuring incarceration is the last resort. The law states that the court may commit a youth to the Department of Juvenile Justice (DJJ) only if such commitment is the least restrictive alternative appropriate for the youth.
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Louisiana Families in Need of Services Commission to Make Recommendations for Reform of Status Offense Policies and Practices, S.C.R. 44
Tags: Louisiana | Status Offenses | Legislation
A Senate Concurrent Resolution created the Families in Need of Services (FINS) Commission to study Louisiana’s FINS system, including how the state handles youth who commit status offenses. The legislature directed the commission to make recommendations regarding the key components of a model status offender program and to consult with the MacArthur Foundation’s Louisiana Models for Change initiative, among other stakeholders. The commission issued its final report in February 2012, which recommends limited use of detention for youth who commit status offenses; use of alternatives to detention and appropriate graduated sanctions; and gathering and analysis of data related to the FINS system in order to track outcomes.
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Illinois Broadens Options for Youth Facing Parole Revocation, H.B. 5914
Tags: Illinois | Aftercare/Reentry | Life Without Parole and Parole Issues | Legislation
Youth found to have violated parole in Illinois have broader options: such youth may be continued under the existing term of parole, with or without modification; may be placed in a group home or residential facility; or may be recommitted. The law also instructs the Juvenile Justice Commission to develop recommendations regarding due process protections during release decision-making processes, including parole and parole revocation proceedings.
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Minnesota Passes Safe Harbor Law Protecting Youth Victims of Sexual Exploitation, S.F. 1
Tags: Minnesota | Girls | Victims | Legislation
A Minnesota law provides that sexually exploited youth under the age of 16 cannot be detained as delinquent. It also establishes mandatory diversion of first-time offenders who are 16 or 17 years old and have been exploited through prostitution. The law increases penalties against “johns” and directs the Commissioner of Public Safety to create a victim-centered response to sexually exploited youth.
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Connecticut Requires State to Address Disproportionate Minority Contact, H.B. 6634
Tags: Connecticut | Racial and Ethnic Disparities | Legislation
The Connecticut Commissioner of Children and Families, Commissioner of Public Safety, Chief State's Attorney, Chief Public Defender, Chief Court Administrator, and Police Officer Standards and Training Council must each prepare a report on their plans to address disproportionate minority contact and steps taken to implement those plans during the previous two fiscal years. The first biennial report was submitted to the governor and legislature on December 31, 2011.
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Connecticut Restricts Use of Detention, H.B. 6634
Tags: Connecticut | Community-Based Alternatives and Supervision | Deinstitutionalization | Detention | Legislation
Connecticut law restricts placement of youth in detention unless there is probable cause to believe the youth has committed the acts alleged and there is no less restrictive alternative available. The law also carves out six additional factors that allow for detention, including a strong probability that a youth will run away and a judicial finding of a violation of a suspended detention order. No youth may be held in any detention center without a judicial order to detain.
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Connecticut Schools to Address Truancy, H.B. 6499
Tags: Connecticut | School-to-Prison Pipeline | Status Offenses | Legislation
State law in Connecticut requires school districts to take additional measures to address truancy and to report annually on their truancy reduction activities. Schools must provide written notice to parents that unexcused absences could result in a complaint filed with the Superior Court. The legislation also requires the State Board of Education to adopt uniform definitions of excused and unexcused absences for districts to use in implementing required truancy policies and filing truancy data reports.
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Connecticut Works to Streamline Reentry to School, H.B. 6325
Tags: Connecticut | Aftercare/Reentry | Legislation
Connecticut law now allows a student to re-enroll in his or her old school district after being sent to a juvenile detention center, the Connecticut Juvenile Training School, or another residential placement for committing an offense for which the student could be expelled from school. Before the student is discharged from detention, educational providers must assess the schoolwork he or she completed while incarcerated and determine how much academic credit to assign to it; credits must be accepted by the school to which the student returns.
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Connecticut Youth Gain Prompter Access to Temporary Leave from Facilities, H.B. 6636
Tags: Connecticut | Detention | Institutional Conditions | Legislation
The Connecticut General Assembly waived the 60-day waiting period for a youth to be granted leave after his or her placement changes. Prior to this, youth could not apply for leave from a juvenile facility or residential placement to attend events such as a family gathering. The legislature also eliminated the one-year mandatory minimum stay at the Connecticut Juvenile Training School, allowing youth to be sentenced to shorter stays.
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Florida Expands Juvenile Civil Citation Program, H.B. 997
Tags: Florida | Community-Based Alternatives and Supervision | Legislation
Based on the success of Miami-Dade’s civil citation program for youth, the Florida Legislature required that other jurisdictions in the state create juvenile civil citation programs or similar diversion programs. Miami-Dade’s model civil citation program offers diversion services for hundreds of youth each year who have committed nonviolent misdemeanors.
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Ohio Reforms Sentencing for Juveniles, Ohio, H.B. 86
Tags: Ohio | Juvenile Defense and Court Process | Mental Health and Substance Abuse | Legislation
A bill that: * explicitly supports research-informed, outcome-based programs and services; * allows judges to consider early release opportunities throughout a youth's commitment, including juveniles serving mandatory sentences; * revises mandatory sentencing guidelines for youth to allow for judicial discretion in instances where the youth was not the main actor; * adopts uniform competency standards for all delinquency proceedings; * establishes a reverse waiver provision that makes is possible for young people automatically transferred to adult court to return to juvenile court; and * creates a temporary interagency task force to make recommendations to the legislature for addressing the needs of delinquent youth with significant mental health issues.
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Ohio Passes Juvenile Sentencing Reform Bill, H.B. 86
Tags: Ohio | General System Reform | Mental Health and Substance Abuse | Youth in the Adult System | Legislation
Ohio’s new juvenile sentencing reform bill explicitly supports research-informed, outcome-based programs and services; allows judges to consider early release opportunities throughout a youth’s commitment, including youth serving mandatory sentences; revises mandatory sentencing guidelines for youth to allow for judicial discretion in instances where the youth was not the main actor; adopts uniform competency standards for all delinquency proceedings; establishes a reverse waiver provision that makes it possible for young people automatically transferred to adult court to return to juvenile court at the discretion of the judge; and creates a temporary interagency task force to make recommendations to the legislature for addressing the needs of delinquent youth with significant mental health issues.
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Florida Addresses Need for Transition to Adulthood Services, S.B. 404
Tags: Florida | Aftercare/Reentry | Legislation
Finding that “older youth are faced with the need to learn how to support themselves within legal means and overcome the stigma of being delinquent,” the Florida Legislature passed a law making justice-involved youth in the custody of the Department of Children and Family Services eligible for transition-to-adulthood services. The law requires transition services to be part of an overall plan leading to independence and states that an adjudication of delinquency must not on its own disqualify foster youth from receiving services
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North Carolina Provides for Expungement of Youthful Offender Criminal Records, S.B. 397
Tags: North Carolina | Collateral Consequences | Confidentiality | Youth in the Adult System | Legislation
North Carolina law now provides for expungement of criminal records for 16- and 17-year-olds charged as adults who are first-time offenders.
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Maine Juvenile Courts Gain Option of Deferred Disposition, S.P. 402
Tags: Maine | Community-Based Alternatives and Supervision | Legislation
Juvenile courts in Maine may now impose a deferred disposition in juvenile cases where a youth admits to committing a delinquent act.
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Illinois Lessens Penalty for Youth Charged with “Sexting,” H.B. 4583
Tags: Illinois | Sex Offender Registries | Legislation
Illinois law provides that a youth who distributes indecent visual depictions of another youth may be adjudged a minor in need of supervision. If the youth is found to be in need of supervision, he or she may be ordered to obtain counseling or other supportive services, or required to perform community service. Prior to the new law, prosecutors had to charge such youth under stricter pornography laws, which could lead to designation as a sex offender.
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Texas Increases Protections for Youth Transferred to Adult System, S.B. 1209
Tags: Texas | Youth in the Adult System | Legislation
A Texas law requires that the sight and sound protections for youth in the juvenile system also now apply to youth under age 17 who are tried as adults; all such youth must be separated by sight and sound from adults in the same facility. Additionally, the law mandates that counties develop policies specifying whether certain transferred youth under 17 years of age may be held pre-trial in a juvenile detention facility, rather than an adult jail. Prior to the change, counties were prohibited from holding transferred youth in juvenile detention facilities.
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Texas Limits School Ticketing of Youth in Grades Six and Below, H.B. 359
Tags: Texas | School-to-Prison Pipeline | Legislation
Schools in Texas are prohibited from ticketing students ages 10-11 and 18-21 for failing to attend school. The law also requires schools to adopt truancy prevention measures in order to reduce truancy referrals to court. Lastly, courts are now required to expunge “failure to attend” convictions if the youth successfully complies with the court’s conditions and obtains a high school diploma or high school equivalency certificate by age 21. An additional 2011 Texas law eliminated the practice of issuing tickets to youth in grades six and below for violation of the school discipline code.
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Texas Limits School Ticketing, S.B. 1489
Tags: Texas | School-to-Prison Pipeline | Legislation
Schools in Texas are prohibited from ticketing students ages 10-11 and 18-21 for failing to attend school. The law also requires schools to adopt truancy prevention measures in order to reduce truancy referrals to court. Lastly, courts are now required to expunge “failure to attend” convictions if the youth successfully complies with the court’s conditions and obtains a high school diploma or high school equivalency certificate by age 21. An additional 2011 Texas law eliminated the practice of issuing tickets to youth in grades six and below for violation of the school discipline code.
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Texas Restricts Access to Youth Records, H.B. 961
Tags: Texas | Collateral Consequences | Confidentiality | Legislation
A Texas law makes all records or files related to a youth convicted of a fine-only misdemeanor (other than a traffic offense) confidential. Prior to the legislation, any youth convicted of a fine-only misdemeanor had to wait two years before his or her record was sealed; within the two-year window, a background check by a public entity would reveal the conviction.
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Tennessee Clarifies Placement Procedures, H.B. 713
Tags: Tennessee | Juvenile Defense and Court Process | Legislation
Tennessee law clarifies several issues related to the placement of youth in the custody of the Department of Children’s Services (DCS). First, the law clarifies the juvenile court’s authority regarding placement of a youth pending potential transfer to adult court; the placement must be consistent with the best interest of the youth. The law additionally clarifies the procedure for placing a youth at home through a trial home pass and addresses procedural issues related to early release of a youth with a determinate sentence, discharge of a youth on probation or a home placement, and a youth’s violation of the terms of his or her placement. This increased clarity is intended to help improve the efficiency of court procedures, thereby helping to move youth through the system more quickly, avoid unnecessary delays, and ensure due process.
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Washington Standardizes Definition of Unexcused Absence, H.B. 1087
Tags: Washington | School-to-Prison Pipeline | Legislation
Thanks in part to the MacArthur Foundation’s Models for Change initiative, and pursuant to legislative requirements, the Washington Office of the Superintendent of Public Instruction developed a uniform definition of excused and unexcused absences to be used across the state. Prior to the standardization of the definition, schools allowed different numbers of unexcused absences prior to filing a petition in juvenile court. School districts are now required to report school absence data using the new definition.
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Maine Provides for Evaluation of Juvenile Competency, H.P. 1039
Tags: Maine | Juvenile Defense and Court Process | Mental Health and Substance Abuse | Legislation
Recognizing the urgent need for a means to assess juvenile competency, a new Maine law provides for an evaluation of competency in juvenile cases and allows for suspension of proceedings in order to conduct a competency evaluation. The law requires the State Forensic Examiner to address the youth's capacity and ability to understand the allegations and proceedings and to effectively engage with counsel.
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Louisiana House Resolves to Assess Juvenile Justice System and Develop Recommendations for Reform, H.C.R. 120
Tags: Louisiana | General System Reform | Legislation
Recognizing the deficiencies of juvenile facilities in Louisiana, past violations of civil rights, dramatic downsizing since 2003, and the positive influence of the MacArthur Foundation’s Louisiana Models for Change initiative, a House Concurrent Resolution urged the Juvenile Justice Reform Act Implementation Commission to assess the current state of the juvenile justice system, evaluate improvements made over the preceding five years, and issue recommendations for a five-year plan for reform. The Louisiana State University Health Sciences Center’s Institute for Public Health and Justice will conduct the study; its report is expected in January 2013.
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Oregon Alleviates Some Registration Requirements for Youth Convicted of Sex Offenses, S.B. 408
Tags: Oregon | Collateral Consequences | Sex Offender Registries | Legislation
The Oregon State Legislature modified the relief process for youth convicted of sex offenses and required to register as sex offenders. Under the law, youth adjudicated of misdemeanor offenses will no longer be required to register, and the Oregon State Police must remove within one year those youth previously required to register for misdemeanors. Additionally, the law allows youth adjudicated of a Class C felony to apply for removal from the registry within 30 days prior to the case’s closure in juvenile court. Lastly, for youth convicted of Class A or Class B felonies, the law reduces the waiting period to apply for removal from the registry from three years to two years.
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OCFS Fact Sheet: Rightsizing Juvenile Justice, New York State Office of Children and Family Services, June 2011
Tags: New York | Deinstitutionalization | Legislation
The New York State Office of Children and Family Services (OCFS) has downsized or closed a total of 31 facilities since 2007, with four facilities closed and four facilities downsized in August 2011 alone. Over the past ten years, the number of youth referred for facility placement with OCFS declined from 2,313 in 2000-2001 to a population of 627 youth in January 2011, a 73 percent decrease. State officials report that facility closures and downsizing have saved New York State $58 million.
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Florida Restricts Incarceration of Youth with Low-Level Convictions, S.B. 2114
Tags: Florida | Community-Based Alternatives and Supervision | Deinstitutionalization | Legislation
With some exceptions, Florida courts may no longer commit youth without felony convictions to residential facilities. Exceptions include youth with three or more prior misdemeanor adjudications and youth adjudicated of offenses highly correlated with risk to re-offend. In its reasoning for the law, the legislature cites the high cost of incarceration, the ineffectiveness of incarceration, and the benefits of keeping youth connected with their families and communities.
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Youth Charged as Adults in Minnesota May Be Held in Juvenile Detention Facilities, H.F. 229
Tags: Minnesota | Youth in the Adult System | Legislation
Youth charged as adults in Minnesota may now be held in secure juvenile detention facilities, pending the outcome of the criminal proceedings against them. The change will help keep some youth out of adult facilities prior to a conviction or acquittal.
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Colorado Juvenile Justice Task Force to Collect Data on School Discipline Strategies, S.B. 133
Tags: Colorado | School-to-Prison Pipeline | Legislation
The Juvenile Justice Task Force of the Colorado Commission on Criminal and Juvenile Justice must study and collect data on the use of criminal justice sanctions and specific school discipline strategies in Colorado public schools. In November 2011, the task force submitted a report to the Legislative Council discussing zero tolerance policies, alternative disciplinary measures, victims' rights, school resource officers, and data sharing.
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Texas Establishes Disproportionality Council, S.B. 501
Tags: Texas | Racial and Ethnic Disparities | Legislation
Texas’ Interagency Council for Addressing Disproportionality will examine the level of disproportionate involvement of youth who are members of a racial or ethnic minority group at each stage of the juvenile justice, child welfare, and mental health systems. Stages include points of entry, points at which treatment decisions are made, and outcomes for youth exiting the systems. The council will also make recommendations on ways to reduce the number of racial and ethnic minority youth in the juvenile justice, child welfare, and mental health systems.
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Texas Establishes Disproportionality Council, S.B. 501
Tags: Texas | Racial and Ethnic Disparities | Legislation
Texas’ Interagency Council for Addressing Disproportionality will examine the level of disproportionate involvement of youth who are members of a racial or ethnic minority group at each stage of the juvenile justice, child welfare, and mental health systems. Stages include points of entry, points at which treatment decisions are made, and outcomes for youth exiting the systems. The council will also make recommendations on ways to reduce the number of racial and ethnic minority youth in the juvenile justice, child welfare, and mental health systems.
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Oregon Retains Pretrial Youth in Juvenile Facilities, Ohio, H.B. 2707
Tags: Oregon | Detention | Youth in the Adult System | Legislation
Ensures that youth charged as adults are held in juvenile detention pre-trial, rather than adult jails.
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Maryland Creates School Safety Task Force, H.B. 79
Tags: Maryland | School-to-Prison Pipeline | Legislation
The Maryland General Assembly created the School Safety Task Force in order to make recommendations on school safety training programs; creation of a positive school environment; school safety courses for school police officers; establishment of a clearinghouse for information and materials concerning school safety; and development of model agreements between local school systems, health departments, departments of social services, mental health agencies, and juvenile courts.
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Texas Youth Commission Merges with Texas Juvenile Probation Commission, S.B. 653
Tags: Texas | General System Reform | Legislation
The Texas Legislature merged the Texas Youth Commission and the Texas Juvenile Probation Commission to form the new Texas Juvenile Justice Department (TJJD). According to the legislation, TJJD’s purpose is to create a unified juvenile justice system that provides a full continuum of effective services, prioritizing community- and family-based programs over commitment to secure facilities. The specific goals of the merger are to support a county-based system that reduces the need for out-of-home placement; locate facilities close to youths’ families and facility employees; encourage regional cooperation; enhance continuity of care; and use secure facilities, when necessary, that are sized for effective rehabilitation.
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Youth in Oregon Must Be Held in Juvenile Detention Pre-Trial, Rather than Adult Jails, H.B. 2707
Tags: Oregon | Detention | Youth in the Adult System | Legislation
An Oregon law makes juvenile detention the default place to hold youth charged as adults pre-trial. The bill addressed a glaring inconsistency in Oregon law, through which such youth were to be held in adult jail before trial and in youth facilities after conviction.
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Oklahoma Creates Juvenile Justice Reform Committee, H.J.R. 1065
Tags: Oklahoma | Confidentiality | General System Reform | Juvenile Defense and Court Process | Prevention | Legislation
The Oklahoma Legislature created the Oklahoma Juvenile Justice Reform Committee in order to thoroughly and systematically study the efficiency and effectiveness of the state’s juvenile justice system and provide recommendations for revision to the Oklahoma Juvenile Code. Topics covered by the committee include prevention, confidentiality, “youthful offender” certification/reverse certification, and due process.
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Oklahoma Creates Juvenile Justice Reform Committee, S.B. 674
Tags: Oklahoma | Confidentiality | General System Reform | Juvenile Defense and Court Process | Prevention | Legislation
The Oklahoma Legislature created the Oklahoma Juvenile Justice Reform Committee in order to thoroughly and systematically study the efficiency and effectiveness of the state’s juvenile justice system and provide recommendations for revision to the Oklahoma Juvenile Code. Topics covered by the committee include prevention, confidentiality, “youthful offender” certification/reverse certification, and due process.
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Washington Eliminates Duty to Register for Certain Individuals, S.B. 5204
Tags: Washington | Collateral Consequences | Sex Offender Registries | Legislation
Five years after their release from confinement, individuals in Washington convicted of a Class A felony sex or kidnapping offense at the age of 15 or older no longer have to register as sex offenders. Similarly situated individuals who were 14 years old or younger at the time of the offense, or individuals convicted of a non-Class A sex or kidnapping offense, may petition the court to be relieved of the duty to register two years after their release from confinement. The legislation also creates a uniform burden of proof for individuals who petition the court for relief from the duty to register as sex offenders for offenses committed as juveniles, and allows authorities to seal most juvenile sex offense records when the convicted individual has been relieved of the duty to register and complied with all other statutory requirements.
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Washington Youth May Petition Courts to Seal Certain Records; Legislature Protects Youth from Consumer Reporting, H.B. 1793
Tags: Washington | Collateral Consequences | Confidentiality | Legislation
Washington State juvenile courts may seal the records of youth who committed Class A felonies and sex offenses. The law also states that if a youth receives a full and unconditional pardon, the proceedings in the matter upon which the pardon was granted must be treated as if they never occurred, and the youth may reply accordingly to any inquiry; all court and law enforcement records must be destroyed within 30 days. Lastly—addressing a practice that keeps many formerly system-involved youth from achieving their career goals—law now prohibits any consumer reporting agency from including in a consumer report the subject’s juvenile records if he or she is 21 years of age or older at the time of the report.
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Georgia Allows Youth a Chance at Release from Restrictive Custody, Good Behavior Bill, H.B. 373
Tags: Georgia | Deinstitutionalization | Legislation
Georgia's "Good Behavior Bill" allows the Department of Juvenile Justice or a youth to bring a motion to modify custody of youth committed to the department for certain designated felonies. The law now allows the court to recognize a youth's good behavior and academic and rehabilitative progress, and grant release from restrictive custody after a hearing on the evidence.
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Nebraska Funds Diversion Programming, L.B. 463
Tags: Nebraska | Community-Based Alternatives and Supervision | Legislation
The Nebraska Legislature ordered the transfer of $100,000 to the Supreme Court Education Fund to assist the juvenile justice system in providing pre-filing and diversion programming designed to reduce excessive absenteeism from school and unnecessary involvement with the juvenile justice system. L.B. 463, signed into law and effective May 11, 2011.
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Maryland Commits to Gathering Data on Outcomes of Juvenile Justice Services, Maryland, S.B. 200
Tags: Maryland | Crime Data and Statistics | Legislation
Requires the Secretary of the Department of Juvenile Services (DJS) to report to the General Assembly on January 1 of each year on the recidivism rates of children committed to DJS for placement in any type of residential care. Prior to the bill's passage, DJS did not report data by program; SB 200 will now require breakdowns by each program and placement.
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Maryland Commits to Gathering Data on Outcomes of Juvenile Justice Services, S.B. 200
Tags: Maryland | General System Reform | Legislation
The law requires the Secretary of DJS to report to the General Assembly on January 1 of each year on the recidivism rates of children committed to DJS for placement in any type of residential care. Prior to the bill’s passage, DJS did not report data by program; the law will now require breakdowns by each program and placement.
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Maryland Department of Juvenile Services Develops Plan for Equitable Services for Girls, S.B. 787
Tags: Maryland | Girls | Institutional Conditions | Legislation
Legislation passed in Maryland required the Department of Juvenile Services (DJS) to create a detailed plan to provide equitable resources for girls’ services starting in FY 2013. The DJS report, which was published in February 2012, includes statewide and regional information on prevention and diversion services, alternatives to detention, and educational and vocational training services.
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Vermont Youth Convicted as Adults Before Age 21 May Have Records Sealed, S.B. 58
Tags: Vermont | Youth in the Adult System | Legislation
Vermont law allows youth convicted as adults for crimes committed before they were 21 years old to petition to have their records sealed. Previously, the law allowed such record-sealing only if the conviction occurred for offenses committed prior to age 18. The law additionally closes a loophole that forced a youth to be charged in adult court if 18 or older, despite having committed the offense prior to age 18. Such cases must now be initially filed in juvenile court.
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Colorado Reduces Juvenile Detention Bed Cap by 57 Beds, S.B. 217
Tags: Colorado | Community-Based Alternatives and Supervision | Deinstitutionalization | Detention | Legislation
The cap on the number of juvenile detention beds in Colorado was reduced by law from 479 to 422 beds. Bed caps on detention originated from S.B. 94 in 1991; the state periodically revises the caps as the utilization rate declines. When the cap is exceeded, the state must do an emergency release. The bed reduction also allows the legislature to reduce corresponding costs.
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Georgia Addresses Commercial Sexual Exploitation of Youth, H.B. 200
Tags: Georgia | Girls | Victims | Legislation
Law amends Georgia's anti-human trafficking law, which encompasses the commercial sexual exploitation of youth. The law clarifies its offenses; substantially increases penalties; allows for the forfeiture of property related to the crime; limits the use of the victim's sexual history, relation to defendant, and the ability to consent as a defense to sex trafficking; and provides that a person will not be guilty of a prostitution-related crime if the act was committed under coercion or deception while the person was a human trafficking victim.
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New York Funds Detention Alternatives and Requires Use of Pre-Trial Risk Assessment Instrument Through SFY 11-12 Budget
Tags: New York | Community-Based Alternatives and Supervision | Fiscal Issues and Funding | Risk Assessment and Screening | Legislation
Through the 2011-12 adopted state budget, New York lawmakers agreed to allow local jurisdictions the option to use state detention funds for detention alternatives, such as community-based supervision and treatment programs. In the past, the state has not reimbursed for such programs, although it reimbursed counties for detention use; now the state will reimburse the community-based supervision programs at a higher rate than for detention. The budget also requires all local jurisdictions to begin using a pre-trial detention risk assessment instrument to make better decisions about whom to detain pre-trial, and to report to the state on who is being detained.
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Mississippi Extends Jurisdiction of Juvenile Court to 17-Year-Olds, S.B. 2969
Tags: Mississippi | Youth in the Adult System | Legislation
Mississippi legislation returns 17-year-olds charged with felonies (with the exception of murder, armed robbery and rape) to the original jurisdiction of the juvenile court. Prior to this legislation, all 17-year-olds were automatically prosecuted in adult court for any offense.
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Hawaii Limits Transfer of Youth to Adult Correctional Facilities, H.B. 1067
Tags: Hawaii | Youth in the Adult System | Legislation
The Hawaii State Legislature repealed a law that authorized the Executive Director of the Office of Youth Services, with the approval of the family court, to transfer a committed youth from the Hawaii Youth Correctional Facility to an adult correctional facility for disciplinary or other reasons. The legislation stemmed from the inability of adult facilities in Hawaii to maintain sight-and-sound separation between youth and adults, as required by the federal Juvenile Justice and Delinquency Prevention Act.
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Arizona Criminalizes Unlawful Sexual Conduct of Juvenile Court Employees, S.B. 1130
Tags: Arizona | Detention | Institutional Conditions | Legislation
An Arizona law extends to all incarcerated youth the protections of an existing law that makes it a felony to sexually exploit an individual in correctional custody.
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Arizona Judges Gain More Discretion Regarding Transfer to Adult System, S.B. 1191
Tags: Arizona | Youth in the Adult System | Legislation
An Arizona law gives judges more discretion in certain cases to decide whether prosecution of youth in adult or juvenile court will best protect public safety and promote rehabilitation. Since 1997, Arizona prosecutors have been able, at their sole discretion, to charge youth as young as 14 as adults for a wide variety of offenses, including nonviolent crimes. In 2007, judges were given discretion in certain sex offense cases to hold “reverse remand hearings” to determine whether youth should be tried as adults; the new law expands reverse remand hearings to include other types of crimes filed through prosecutorial discretion.
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Michigan Removes Certain Youth from Sex Offender Registries, S.B. 188
Tags: Michigan | Collateral Consequences | Sex Offender Registries | Legislation
Michigan law removes all individuals from sex offender registries who were under the age of 14 at the time of their offenses. Additionally, those individuals who were 14 or 15 years old at the time of the offense will be moved to the private law enforcement registry for the duration of their mandated registration. Previously, youth ages 15 and younger were placed on the law enforcement-only registry, but then added, with limited exceptions, to the public registry when they turned 18, despite the fact that their offenses took place when they were underage. Youth charged with "age-only consensual" acts -- in which there is no more than four years of age difference between the victim and the accused, and which involve a consenting victim -- will no longer have to register. Lastly, existing age-only consensual registrants will have the opportunity to petition for removal from the registry.
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Michigan Removes Certain Youth from Sex Offender Registries, S.B. 189
Tags: Michigan | Collateral Consequences | Sex Offender Registries | Legislation
Michigan law removes all individuals from sex offender registries who were under the age of 14 at the time of their offenses. Additionally, those individuals who were 14 or 15 years old at the time of the offense will be moved to the private law enforcement registry for the duration of their mandated registration. Previously, youth ages 15 and younger were placed on the law enforcement-only registry, but then added, with limited exceptions, to the public registry when they turned 18, despite the fact that their offenses took place when they were underage. Youth charged with “age-only consensual” acts—in which there is no more than four years of age difference between the victim and the accused, and which involve a consenting victim—will no longer have to register. Lastly, existing age-only consensual registrants will have the opportunity to petition for removal from the registry.
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Idaho Establishes Standards for Juvenile Competency Evaluations, H.B. 140
Tags: Idaho | Juvenile Defense and Court Process | Mental Health and Substance Abuse | Legislation
Prior to new legislation in Idaho, youth who were believed to be incompetent to stand trial were evaluated and treated based on the state’s adult competency statute. New legislation acknowledges the inappropriateness of applying the adult standard to youth, noting unique issues related to youth’s developmental, mental, and emotional maturity. Under the legislation, if the juvenile court determines that there is good cause to believe that a youth is incompetent to proceed, it must stay all proceedings and appoint a psychiatrist or psychologist to evaluate the youth’s mental condition and report to the court.
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Idaho Standards for Juvenile Competency Evaluations, Statement of Purpose and Fiscal Note, H.B. 140
Tags: Idaho | Juvenile Defense and Court Process | Mental Health and Substance Abuse | Legislation
Prior to new legislation in Idaho, youth who were believed to be incompetent to stand trial were evaluated and treated based on the state’s adult competency statute. New legislation acknowledges the inappropriateness of applying the adult standard to youth, noting unique issues related to youth’s developmental, mental, and emotional maturity. Under the legislation, if the juvenile court determines that there is good cause to believe that a youth is incompetent to proceed, it must stay all proceedings and appoint a psychiatrist or psychologist to evaluate the youth’s mental condition and report to the court.
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Arkansas Juvenile Court Fees to Be Used for Youth Programs, H.B. 1812
Tags: Arkansas | General System Reform | Legislation
The fees collected from participants in juvenile court are now used to fund and support youth and court programs. The law provides that the funds in each county may be used to support juvenile drug courts, teen courts, volunteer probation programs, court-appointed special advocates, and after-school and community-based programs. Prior to the law, only limited types of funds collected could be spent on juvenile court programs. The new law broadens the categories of fees that can be used to support youth programs and clarifies which types of juvenile court programs may be supported by the fees.
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Arizona Allows for Reverse Remand Hearings, Arizona, S.B. 1191
Tags: Arizona | Youth in the Adult System | Legislation
Allows for reverse remand hearings to determine whether youth should be moved from adult court to juvenile court in cases where the prosecutor has the sole discretion to charge youth in adult court.
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Colorado Limits Court Involvement in School Truancy Issues, H.B. 1053
Tags: Colorado | School-to-Prison Pipeline | Status Offenses | Legislation
Judicial proceedings to compel a youth to attend school in Colorado may only be used as a last resort for addressing the problem of truancy. To minimize the need for court action and the risk of detention, such proceedings are now allowed only after a school district has attempted other options for addressing truancy that employ best practices and research-based strategies.
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Mississippi Creates Intensive Supervision Program as Alternative to Incarceration, H.B. 420
Tags: Mississippi | Community-Based Alternatives and Supervision | Legislation
Mississippi's new intensive supervision program creates community-based alternatives to imprisonment for youth throughout the state. The legislation creates slots for 75 youth in each county to participate in the program.
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Incarcerated Mississippi Youth No Longer Forced into Alternative Schools After Release, H.B. 1178
Tags: Mississippi | Aftercare/Reentry | Legislation
School districts in Mississippi are no longer required to place youth returning from an out-of-home placement into an alternative school. School districts must individually assess transitioning youth using a strengths and needs assessment that includes a determination of the youth's academic strengths and deficiencies. The individual assessment must also include a plan for transitioning the youth to a regular education setting at the earliest possible date.
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Iowa Suspends Juvenile Court Proceedings Until Youth's Release from Mental Health Facility, S.F. 327
Tags: Iowa | Juvenile Defense and Court Process | Mental Health and Substance Abuse | Legislation
If, prior to the adjudicatory or dispositional hearing in a delinquency case, a youth in Iowa is committed to a residential facility, institution, or hospital based on mental illness or mental retardation, the delinquency proceeding must be suspended until the commitment order is terminated or the youth is released from the mental health facility or hospital. The time limits for adjudicatory hearings and continuances must be temporarily put on hold during the time of commitment for mental health issues. The suspension of the proceedings allows the youth to receive mental health treatment prior to facing delinquency charges or a dispositional hearing in court
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Colorado Requires Standards for Integrated System-of-Care Family Advocacy Programs, H.B. 1193
Tags: Colorado | Family and Youth Involvement | Institutional Conditions | Mental Health and Substance Abuse | Legislation
The Colorado General Assembly declared an explicit need for the development of rules and standards for family advocacy mental health juvenile justice programs, as well as technical assistance and coordination for such programs. The legislation makes permanent a demonstration program for system-of-care family advocates and family systems navigators for youth in the juvenile justice system with mental health issues.
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Idaho Youth Tried as Adults May Be Held in Juvenile Detention Facilities, S.B. 1003
Tags: Idaho | Detention | Youth in the Adult System | Legislation
Idaho law now provides that youth being treated as adult offenders may be housed with the general population in a juvenile detention center upon court order. The court may make the order on its own, or pursuant to a petition by one of the parties in the case. Prior law prohibited youth who were waived to adult court from being housed in a juvenile detention facility without sight and sound separation from the other youth. Youth waived to adult court may now be housed with the general juvenile population if it is determined by the detention administration that the safety and security of the other youth would not be at risk.
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Vermont Increases Access to Mental Health Services for Detained Youth, H.B. 65
Tags: Vermont | Detention | Institutional Conditions | Mental Health and Substance Abuse | Legislation
Through the 2010 Budget Adjustment Act, the Vermont Department for Children and Families “repurposed” Vermont’s one juvenile detention facility to become a “residential treatment facility that provides in-patient psychiatric, mental health, and substance abuse services in a secure setting for adolescents who have been adjudicated or charged with a delinquency or criminal act.” By making this change, the department is now able to draw down Medicaid funding for youth placed at the facility; such funding is usually prohibited for incarcerated youth. All youth placed at the detention center are screened for treatment needs shortly after admission and may gain access to services even if they do not qualify for longer-term placement there.
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North Carolina Establishes Task Force to Evaluate Raising Age, Executive Order 80, January 14, 2011
Tags: North Carolina | Youth in the Adult System | Legislation
North Carolina’s 2010 budget included language to establish a Youth Accountability Planning Task Force. The task force is to determine whether North Carolina should raise the age of juvenile court jurisdiction from 16 to 18 and develop an implementation plan to do so. The task force released a report in January 2011, which recommends that youth under age 18 accused of minor crimes should be handled in the juvenile justice system, while 16- and 17-year-olds accused of serious felonies should remain in the adult system. The governor issued an executive order early in 2011 extending the task force until December 31, 2012 so that the group can continue its work.
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New Mexico Develops Plan for Gender-Responsive Services and Programs for Girls in the Juvenile Justice System, H.M. 21
Tags: New Mexico | Girls | Institutional Conditions | Legislation
In response to a House Memorial passed in 2009, the New Mexico Children, Youth and Families Department convened a task force to develop a sustainable plan for a continuum of gender-responsive services and programs for girls in the juvenile justice system. The initial legislative request for the task force cites the complex and unique needs of girls. The task force reviewed current risk assessment tools, existing treatment options for gender-responsive services and programs, and best practice models for implementing and sustaining gender-responsive services and programs. The task force's plan recommends implementation of a gender-specific curriculum and programming for all girls in the juvenile justice system. The 2011 legislative request to implement the plan notes the need for early intervention, involvement with families and communities, staff training, and standardized data collection, and also acknowledges the fiscal prudence of early intervention.
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California Corrections Standards Authority Must Inspect Facilities Where Juveniles Are Held for More than 24 Hours, S.B. 1447
Tags: California | Detention | Institutional Conditions | Legislation
California law requires the Corrections Standards Authority to inspect and collect relevant data from any facility that may be used for the secure detention of minors.
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California Foster Youth Aging Out of Juvenile Court’s Jurisdiction Gain Notice of Services, S.B. 945
Tags: California | Crossover and Dual Jurisdiction Youth | Legislation
The legislation recognizes that one of the major barriers foster youth face is their lack of knowledge that assistance programs exist for foster youth; and when they are aware of them, they often have difficulty documenting that they are eligible for such programs. As a result, the law requires probation or parole officers to provide foster youth with a written notice stating that they are foster youth and that they may be eligible for services and benefits available to former foster children through public and private programs, including, but not limited to, any independent living program for youth who have been in the foster care system.
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Juveniles with Questionable Mental Competency Receive Right to Hearing, A.B. 2212
Tags: California | Juvenile Defense and Court Process | Mental Health and Substance Abuse | Legislation
California law now requires the court to suspend proceedings if doubt is expressed as to a youth's sufficient present ability to rationally and factually understand the nature of the proceedings or assist his or her attorney in mounting a defense. The court must then order a hearing to determine the youth's competency.
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Delaware Schools No Longer Required to Refer Students Between Ages Nine and 12 to Police for Certain Misdemeanors, H.B. 347
Tags: Delaware | School-to-Prison Pipeline | Legislation
Based on recommendations from the School Discipline Task Force established by the legislature in 2009, school officials no longer have a mandatory obligation to report to the police specific misdemeanor offenses (Assault in the 3rd Degree, Unlawful Sexual Contact in the 3rd Degree, Offensive Touching and Terroristic Threatening) committed by students over the age of nine. The act raises the age of such reporting requirements to 12.
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New Hampshire Limits Use of Child Restraint Practices, S.B. 396
Tags: New Hampshire | Institutional Conditions | Juvenile Defense and Court Process | Legislation
Schools and juvenile facilities in New Hampshire may no longer use physical restraints or containment techniques that could endanger a youth, use chemical restraints, intentionally inflict pain on a child, or unnecessarily subject youth to ridicule, humiliation, or emotional trauma. Restraints may never be used “explicitly or implicitly” as punishment for a youth’s behavior.
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Illinois Court process Juvenile defense Self incrimination Juvenile justice reform
Tags: Illinois | Juvenile Defense and Court Process | Legislation
The Illinois General Assembly passed a law prohibiting statements made by youth, parents or guardians as part of any behavioral health screening, assessment, evaluation, or treatment from being used as evidence against the youth in a delinquency or criminal trial
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Illinois Commission to Develop Plan for Extending Juvenile Court Jurisdiction to 17-Year-Olds Charged with Felonies, S.B. 3085
Tags: Illinois | Youth in the Adult System | Legislation
The Illinois Juvenile Justice Commission is to study and report on possible expansion of the jurisdiction of the juvenile court to include 17-year-olds charged with felonies. The commission's mandate builds on legislation passed in 2009 that raised the age of juvenile jurisdiction from 17 to 18 for youth charged with misdemeanors (S.B. 2275).
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Connecticut Police Must Report Possible Abuse or Neglect of Youth Arrested for Prostitution, S.B. 1044
Tags: Connecticut | Girls | Victims | Legislation
Legislation requires police to report suspected abuse or neglect of youth arrested for prostitution to the Department of Children and Families. This is part of a movement to decriminalize youth involved in prostitution, and increase the recognition that youth involved in prostitution are very often being coerced and/or abused by adults.
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California Acknowledges Rights of Youth and Importance of Treatment, S.C.R. 40
Tags: California | Institutional Conditions | Mental Health and Substance Abuse | Legislation
A Senate concurrent resolution in California acknowledges the role that substance abuse often plays in the lives of young offenders and sets forth the rights of all youth in the juvenile justice system. The resolution asserts rights to rehabilitation, treatment, education, family and social services, least restrictive alternatives, reintegration, nondiscrimination, safety and security, counsel, protection from self-incrimination, evidence-based practice, and speedy review. The resolution urges each facility in the state that houses youth or is responsible for the oversight of youth to adopt these rights into the regulations and common practices of the facility.
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Illinois Allows Greater Separation Between Department of Juvenile Justice and Department of Corrections, H.B. 5913
Tags: Illinois | Youth in the Adult System | Legislation
An Illinois law removes the requirement that the Department of Juvenile Justice share administrative services and facilities with the Department of Corrections. The law additionally encourages collaboration between the Department of Juvenile Justice and "child-serving agencies." The change helps to further differentiate the adult and juvenile systems, and ensure youth are treated in an age-appropriate manner.
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Kansas Passes Law to Keep Status Offenders Out of Detention, S.B. 452
Tags: Kansas | Detention | Status Offenses | Legislation
Kansas prohibits the use of detention or jail for youth under age 18 who are arrested for underage possession or consumption of alcohol. The law is an effort to ensure that youth who commit status offenses are not locked up, in accordance with best practices and the requirements of the federal Juvenile Justice and Delinquency Prevention Act.
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Louisiana Creates Task Force on Juvenile Detention Center Standards, H.B. 1477
Tags: Louisiana | Detention | Institutional Conditions | Legislation
Detention reform in Louisiana passed another milestone in July 2011, when the Task Force on Juvenile Detention Center Standards submitted a final draft of proposed standards to the Department of Children and Family Services (DCFS). The task force was created by legislation passed in 2010 (H.B. 1477). The standards—informed by the MacArthur Foundation’s Models for Change initiative—end the use of restraint chairs and chemical restraints such as pepper spray in facilities; mandate that staff receive increased training, including on best practices for working with lesbian, gay, bisexual, and transgender youth; address access to required educational and other services; and create procedures for reporting complaints. Final standards were promulgated January 31, 2012, with all facilities to be licensed and in compliance by the end of 2013.
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Maine Standards for Qualifications of Assigned Counsel
Tags: Maine | Juvenile Defense and Court Process | Legislation
The Maine Commission on Indigent Legal Services established these standards requiring minimum training, experience, and other qualifications for assigned counsel to be eligible to accept appointments to represent indigent people, including youth in juvenile court.
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Louisiana Senate Passes Resolution to Move State Closer to “Missouri Model” of Juvenile Justice, S.C.R. 131
Tags: Louisiana | General System Reform | Legislation
The Louisiana State Legislature passed a resolution to further Louisiana’s efforts to implement the “Missouri Model” of juvenile justice. The resolution establishes a task force, which includes local advocacy organizations, to evaluate Louisiana’s progress towards implementing the Missouri Model and determine what further steps should be taken. Task force meetings are ongoing. S.C.R. 131, adopted June 21, 2010 and H.C.R. 245, adopted on June 16, 2010.
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Louisiana House Passes Resolution to Move State Closer to “Missouri Model” of Juvenile Justice, H.C.R. 245
Tags: Louisiana | General System Reform | Legislation
The Louisiana State Legislature passed a resolution to further Louisiana’s efforts to implement the “Missouri Model” of juvenile justice. The resolution establishes a task force, which includes local advocacy organizations, to evaluate Louisiana’s progress towards implementing the Missouri Model and determine what further steps should be taken. Task force meetings are ongoing. S.C.R. 131, adopted June 21, 2010 and H.C.R. 245, adopted on June 16, 2010.
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Louisiana Commits to Improved Behavior and Discipline Plans in Schools, S.B. 527
Tags: Louisiana | School-to-Prison Pipeline | Legislation
Legislation requires Louisiana schools to develop master plans that provide for the training of teachers, principals, and other school personnel in the areas of positive behavioral supports, conflict resolution, mediation, cultural competence, restorative practices, guidance and discipline, and adolescent development. Public school boards must provide ongoing classroom management courses and regularly review discipline data from each school to determine what additional training is needed and what additional classroom support activities should be provided.
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Connecticut Passes Law to Protect Sexually Exploited Children S.B. 153
Tags: Connecticut | Girls | Victims | Legislation
The Connecticut General Assembly passed "An Act Providing Safe Harbor for Exploited Children," which makes it illegal for youth younger than 16 to be charged with prostitution. Previously there was no age limit for charging youth with prostitution. The law also provides that for 16- and 17-year olds, there is a presumption that the youth was coerced into committing the offense. Lastly, the bill increases the penalties for promoting the prostitution of someone younger than 18 years old.
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Georgia Extends Limit on Detention of Youth Convicted of Status Offenses and Low-Level Misdemeanors, H.B. 1104
Tags: Georgia | Detention | Status Offenses | Legislation
Legislation extends H.B. 245 to 2013; H.B. 245 shortened the maximum length of time that certain youth can be held in the state's Short-Term Program (STP) from 60 to 30 days. STP is a dispositional option that results in a short-term detention placement for youth. The aim of the legislation is to keep youth convicted of status offenses and low-level misdemeanors out of detention and to serve them more appropriately and effectively in the community.
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Florida Department of Juvenile Justice to Ensure Effective Delivery of Health Services for Youth in Custody, S.B. 1012
Tags: Florida | Detention | Institutional Conditions | Mental Health and Substance Abuse | Physical Health | Legislation
The Florida Department of Juvenile Justice (DJJ) must adopt rules to ensure the effective provision of health services to youth in facilities or programs operated or contracted by DJJ. The rules must address ordinary medical care, mental health services, substance abuse treatment services, and services to youth with developmental disabilities.
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Colorado Explicitly Prohibits Staff Sexual Contact with Youth in Juvenile Facilities, H.B. 1277
Tags: Colorado | Detention | Institutional Conditions | Legislation
State law now protects both youth and adults in Colorado from sexual abuse and exploitation while confined. Prior law prohibited a correctional employee or volunteer in an adult criminal justice facility from engaging in sexual activity with an inmate; but youth in detention or commitment facilities were not explicitly protected under the law.
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Colorado Limits Prosecutorial Discretion to File Adult Charges Against a Youth, H.B.
Tags: Colorado | Youth in the Adult System | Legislation
A new law increases the minimum age at which certain youth (excepting those charged with murder and sex offenses) are eligible to be "direct filed" -- or charged in adult criminal court by a prosecutor without a transfer hearing -- from 14 to 16. The legislation also establishes factors that the prosecutor must consider in determining whether to direct file a youth, and requires a 14-day notice of intention to direct file. During this time, youth can provide information to the prosecutor regarding the enumerated factors.
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Colorado School Districts Must Provide Educational Services for Youth in Adult Jails, S.B. 54
Tags: Colorado | Youth in the Adult System | Legislation
A law requires school districts in Colorado to provide educational services during the school year to youth being held, pending trial as adults, in jails located within the district. The law also requires school districts to comply with the federal Individuals with Disabilities Education Act if a youth has a disability.
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Louisiana Law Provides for Counsel for Children, H.B. 663
Tags: Louisiana | Juvenile Defense and Court Process | Legislation
Louisiana law now states that all children are presumed indigent for the purpose of appointment of counsel at the state’s expense. The law permits appointment of counsel for all youth immediately upon arrest and detention. Prior to the law, youth had to wait as long as 72 hours to be appointed counsel at the continued custody hearing. The law is intended to expedite appointment of counsel for youth and avoid detention in certain cases, due to earlier access to information and increased advocacy.
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Louisiana Restricts Use of Youth Confessions, H.B. 663
Tags: Louisiana | Juvenile Defense and Court Process | Legislation
Louisiana law creates specific restrictions on the use of a youth’s confession in court without a knowing and voluntary waiver, unless the state proves in court beyond a reasonable doubt that the confession was “freely and voluntarily given and was not made under the influence of fear, duress, intimidation, menaces, threats, inducements, or promises.” The legislation includes a list of several factors that the court must consider in making such a determination, including the age and education of the child, and the methods and length of the interrogation.
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New York City Council Passes Incident Reporting Law, Introduction 153-A
Tags: New York | Institutional Conditions | Legislation
The New York City Council mandated that the New York City Division of Youth and Family Justice (DYFJ) collect and make public data on injuries to youth in non-secure and secure detention, demographic data of youth in detention, and child abuse reports for youth in detention.
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New York City Council Passes Incident Reporting Law, Introduction 37-A
Tags: New York | Institutional Conditions | Legislation
The New York City Council mandated that the New York City Division of Youth and Family Justice (DYFJ) collect and make public data on injuries to youth in non-secure and secure detention, demographic data of youth in detention, and child abuse reports for youth in detention.
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Wisconsin Improves Data Sharing in Order to Increase Effective Detention Screening, S.B. 375
Tags: Wisconsin | Risk Assessment and Screening | Legislation
A Wisconsin law allows detention intake workers access to prior adjudication histories in order to make more appropriate detention decisions.
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Santa Clara County, California Limits Detention of Young Children, May 11, 2010
Tags: California | Community-Based Alternatives and Supervision | Deinstitutionalization | Legislation
On May 11, 2010, the Board of Supervisors in Santa Clara County, California unanimously approved a new policy discouraging the detention of children under the age of 13. The Board hopes that the policy will encourage judges to send children to alternative settings, such as home-based supervision, intensive foster care, and community-based treatment centers.
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Illinois House Urges United States Senate to Ratify Convention on the Rights of the Child, H.R. 1143
Tags: Illinois | International and Human Rights | Legislation
An Illinois House resolution urges the United States Senate to ratify the United Nations Convention on the Rights of the Child. The resolution also calls upon state agencies in Illinois to ensure that their policies and programs comply with the convention.
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Maryland Requires Cultural Competency Training for Police in Schools, H.B. 983
Tags: Maryland | School-to-Prison Pipeline | Legislation
The Maryland General Assembly enacted a “Cultural Competency Model Training Curriculum” law that requires the Maryland Police Training Commission to develop a cultural competency model training curriculum for law enforcement and school resource officers assigned to public schools. The goal of the training is to provide officers with resources and tools to reduce school arrests.
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Colorado Raises Minimum Age for Direct File, Colorado, H.B. 1413
Tags: Colorado | Youth in the Adult System | Legislation
Increases from 14 to 16 years old the minimum age at which certain youth (excepting those charged with murder and sex offenses) are eligible to be "direct filed," or charged in adult criminal court by a prosecutor without a transfer hearing.
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Mississippi Extends Jurisdiction of Juvenile Court to 17-Year-Olds, Mississippi, S.B. 2969
Tags: Mississippi | Youth in the Adult System | Legislation
Extends juvenile court jurisdiction to 17-year-olds. The court may still transfer youth to the adult court if deemed appropriate.
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Arizona Restricts Prosecutorial Authority to Transfer Youth, S.B. 1009
Tags: Arizona | Youth in the Adult System | Legislation
An Arizona law clarifies the age at which a youth can be tried in adult court without the benefit of a judicial transfer hearing. In Arizona, the prosecution of certain youth cases in adult court is statutorily allowed or required based on the youth’s age. The legislation clarifies that the filing in adult court must be based on the youth’s age at the time of the alleged offense—not the age at the time the charges are filed. Prior to this clarification, prosecutors delayed filing charges for months (and sometimes years) for the purpose of moving the case to the adult criminal court without having to go through a judicial transfer hearing.
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Mississippi Expands Authority of Juvenile Detention Monitoring Unit, S.B. 2950
Tags: Mississippi | Detention | Institutional Conditions | Legislation
The Mississippi State Legislature expanded the authority of the state's juvenile detention monitoring unit, which is now responsible for investigating, evaluating, and securing the rights of youth held in juvenile justice facilities, including detention centers, training schools, and group homes, in order to ensure that the facilities operate in compliance with national best practices and state and federal law.
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Alabama Creates Commission on Girls and Women in the Criminal Justice System, H.B. 519
Tags: Alabama | Girls | Institutional Conditions | Legislation
The Alabama legislature created the Commission on Girls and Women in the Criminal Justice System to study the conditions, needs, issues, and problems of the criminal justice system in Alabama as it affects women and girls in the state. Based on research, investigation, and review, the commission is charged with developing comprehensive, evidence-based recommendations for how to fix the system’s shortcomings.
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Nebraska Moves Toward More Positive Treatment of At-Risk and Court-Involved Youth, L.B. 800
Tags: Nebraska | Confidentiality | General System Reform | Status Offenses | Legislation
The main provisions of the law include phase-out by January 1, 2013 of the detention of status offenders who violate a valid court order; codification of a program of graduated sanctions for youth who violate probation; provision of a clear and comprehensive process for sealing many juvenile court records; prioritization of certain grant money for programs that reduce the detention population; the establishment of a pilot project allowing law enforcement to issue civil citations to youth in place of making an arrest; and a shortened timeline for completion of post-adjudication evaluations.
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Virginia Reduces Number of Youth Held in Adult Jails, Virginia, S.B. 259
Tags: Virginia | Youth in the Adult System | Legislation
Creates a presumption that transferred or certified youth, if confined pre-trial, stay in juvenile detention rather than adult jails, unless a judge finds them to be a safety or security risk.
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Virginia Youth Transferred to Adult System May Be Detained in Juvenile Facilities, S.B. 259
Tags: Virginia | Youth in the Adult System | Legislation
Youth in Virginia who are transferred to the adult system must now be placed in a secure juvenile detention facility pending trial, rather than an adult jail, unless the court determines that the youth is a threat to the security or safety of other detained youth or staff
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Washington Prosecutors Must Divert Youth Prostitution Cases if First Offense, S.B. 6476
Tags: Washington | Girls | Victims | Legislation
In 2009, the Washington State Legislature passed a law allowing a prosecutor to divert a case where a youth is alleged to have committed prostitution or prostitution loitering, regardless of the youth’s offense history or previous diversions (H.B. 1505). A 2010 law takes the changes a step further: Washington law now requires a prosecutor to divert a youth alleged to have committed the offense of prostitution or prostitution loitering if it is his or her first offense; the prosecutor may divert subsequent allegations. And, as of July 1, 2011, the state may file a CHINS (Child In Need of Services) petition for sexually exploited youth and must connect such youth with services and treatment. A youth charged with prostitution who is also a victim of sexual abuse may apply for benefits from the Crime Victim’s Compensation fund.
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Education Programs Must Be Provided to Youth in Washington Adult Jails, S.B. 6702
Tags: Washington | Youth in the Adult System | Legislation
Law requires that all youth held in adult jails in Washington be provided with educational programming. The legislation mandates that the educational programs adhere to educational standards for the district, and the programs must offer credits that are transferable to community schools. The state developed regulations and a program guide written by educational professionals in order to implement the statute.
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Indiana Establishes a Law Enforcement, School Policing and Youth Work Group, Indiana, H.B. 1193
Tags: Indiana | School-to-Prison Pipeline | Legislation
The work group will study and recommend training curricula to the Indiana law enforcement academy concerning law enforcement officer interactions with juveniles; study and recommend guidelines for school districts to adopt to reduce juvenile involvement in the juvenile justice system; and study the use of zero tolerance policies by schools and the impact that zero tolerance policies have for youth involvement in the juvenile justice system, among other tasks.
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Washington Limits Use of Restraints on Pregnant Women and Girls, H.B. 2747
Tags: Washington | Girls | Institutional Conditions | Legislation
Washington law bans all use of restraints on women and girls who are in labor or are recovering post-delivery. No correctional personnel are allowed in the room during labor or childbirth unless specifically requested by medical staff. The law additionally states that except in extraordinary circumstances, no restraints of any kind may be used on incarcerated pregnant women or girls in transit to or from medical appointments and court during the third trimester of pregnancy, or during postpartum recovery. If restraints are ever used on a pregnant woman or girl, they must be the least restrictive available and the most reasonable under the circumstances; the use of leg irons or waist chains is never permitted on a pregnant woman or girl.
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Washington Establishes Task Force on Sealing Juvenile Records, S.B. 6561
Tags: Washington | Collateral Consequences | Confidentiality | Legislation
Law establishes a joint legislative task force on sealing juvenile records, whose final report includes various proposals around record sealing along with cost estimates.
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Arizona Restricts Transfer of Youth Below Statutory Age at Time of the Offense, Arizona, S.B. 1009
Tags: Arizona | Youth in the Adult System | Legislation
Specifies that a youth can only be prosecuted as an adult if he or she had reached the requisite lower age for transfer at the time the offense was allegedly committed. The legislation prevents prosecutors, especially under discretionary transfers, from waiting until a child attains the age of adult jurisdiction before bringing charges.
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Indiana Work Group to Study School Policing, H.B. 1193
Tags: Indiana | School-to-Prison Pipeline | Legislation
The Indiana General Assembly created the Law Enforcement, School Policing, and Youth Work Group to study and make specific recommendations concerning law enforcement and school policing. The work group must submit an annual report, including recommendations on how law enforcement agencies can improve interactions with youth; how law enforcement agencies and schools can collaborate to reduce youth involvement in the juvenile justice system; use of security guards in schools; and zero tolerance policies. The legislation additionally requires schools to annually report to the state on student arrests; the use of school police departments and security guards; and whether schools have an agreement with a law enforcement agency concerning arresting students on school corporation property.
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Mississippi Limits Use of Secure Confinement for Nonviolent Offenses, S.B. 2984
Tags: Mississippi | Community-Based Alternatives and Supervision | Deinstitutionalization | Legislation
Building on H.B. 1494 from 2009, Mississippi law now provides that no child who has been adjudicated delinquent for a nonviolent felony or fewer than three misdemeanors may be committed to the state training school. The legislation encourages placement in the least restrictive environment for those youth committed to the state Division of Youth Services. The law will downsize the Oakley Training School and help ensure that youth who commit low-level offenses are not imprisoned.
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New Mexico Extends Working Group Considering Appropriate Detention Placement for Older Youth, H.M. 29
Tags: New Mexico | Youth in the Adult System | Legislation
In 2009, the New Mexico House of Representatives requested that the Children, Youth and Families Department convene a working group to share resources, research, and recommendations and to otherwise coordinate efforts on the subject of appropriate detention for youth 18-21 years of age. The working group was directed to address concerns regarding housing older youth with adults, as well as concerns with housing such youth with youth aged 12-17. A duplicate House Memorial was passed in 2010 to continue the work of the group. The group made a series of recommendations in 2010 covering various topics, such as when youth may be transferred to adult jails, time limits for initial hearings, hearing procedures, and measures to protect youth aged 18-21 who are placed in adult jails.
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Washington Limits Use of Restraints on Pregnant Women and Girls, Washington, H.B. 2747
Tags: Washington | Girls | Legislation
Law bans all use of restraints on women and girls who are in labor and delivery, and limits restraints of pregnant women and girls who are recovering post-delivery, and who are in their third trimester while they are being transported to medical care or court proceedings.
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Wyoming Develops Juvenile Detention Facility Standards, S.F.O. 9
Tags: Wyoming | Detention | Institutional Conditions | Legislation
Wyoming law now requires sheriffs to develop and implement uniform standards for juvenile detention facilities, with consideration of nationally-recognized criteria. Starting in March 2013, youth may not be detained in a secure juvenile detention facility unless the facility has adopted the standards.
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Wyoming Officers to Conduct Risk Assessments of Youth in Detention, H.B. 12
Tags: Wyoming | Detention | Risk Assessment and Screening | Legislation
Wyoming law requires law enforcement to screen youth taken into custody with a uniform juvenile detention risk assessment instrument designed by county sheriffs. The Department of Family Services must collect and analyze data on the application of the risk assessment instrument, and report annually to the legislature. The law additionally requires law enforcement to notify a youth’s parent or guardian as soon as possible—and no later than 24 hours—that the youth has been taken into custody. The law prohibits holding a youth under age 11 in a hardware-secure juvenile detention facility.
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Manhattan Judge Finds Shackling of Juveniles Illegal, John F. v. Gladys Carrion, January 25, 2010
Tags: New York | Institutional Conditions | Shackling | Legislation
A ruling from the New York State Supreme Court repealed the state’s Office of Children and Family Services’ shackling policy that had been in place since 1996. According to the decision, the current policy requiring shackling of any child in custody being transported between state facilities or from a facility to anywhere else violates the state’s law on shackling youth, which allows shackling of only dangerous youth as a last resort, and only for up to half an hour.
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Connecticut Protects Exploited Children, Connecticut, S.B. 153
Tags: Connecticut | Girls | Legislation
Law expands protections for girls up to age seventeen involved in prostitution. It also makes engaging in prostitution a misdemeanor, while promoting prostitution is made a felony.
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Illinois Raises the Age for Misdemeanors, Illinois, S.B. 2275/Public Act 95-1031, 2008 Raises the age of juvenile jurisdiction for misdemeanors from 17 to 18
Tags: Illinois | Youth in the Adult System | Legislation
Seventeen-year-olds who are charged only with misdemeanors now have access to the juvenile court's balanced and restorative justice approach to juvenile justice.
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New Mexico Develops Plan for Gender-Responsive Services and Programs for Girls in the Juvenile Justice System, H.M. 40
Tags: New Mexico | Girls | Institutional Conditions | Legislation
In response to a House Memorial passed in 2009, the New Mexico Children, Youth and Families Department convened a task force to develop a sustainable plan for a continuum of gender-responsive services and programs for girls in the juvenile justice system. The initial legislative request for the task force cites the complex and unique needs of girls. The task force reviewed current risk assessment tools, existing treatment options for gender-responsive services and programs, and best practice models for implementing and sustaining gender-responsive services and programs. The task force's plan recommends implementation of a gender-specific curriculum and programming for all girls in the juvenile justice system. The 2011 legislative request to implement the plan notes the need for early intervention, involvement with families and communities, staff training, and standardized data collection, and also acknowledges the fiscal prudence of early intervention.
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Illinois Juvenile Justice Commission Studies Reentry Issues, S.B. 1725
Tags: Illinois | Aftercare/Reentry | Legislation
Legislation in 2009 directed the Illinois Juvenile Justice Commission to study youth who are released from state custody but later returned for parole violations. The goal of the work is to reduce recidivism by youth and improve the safety of their home communities. The commission issued a report in November 2011.
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San Francisco Board of Supervisors Overrides Mayor's Veto on Immigrant Juvenile Justice Policy, Ordinance 228-09
Tags: California | Immigration | Legislation
On November 10, 2009, in an historic vote, the San Francisco Board of Supervisors overrode by a vote of eight to three the mayor's veto of an ordinance to shore up San Francisco's sanctuary policy for undocumented youth. The Board of Supervisors reinstated a city ordinance that allows referral of youth to Immigration and Customs Enforcement (I.C.E.) only after an adjudication of guilt. Previously, such youth were referred to I.C.E. upon arrest for a felony charge.
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Connecticut Requires Quicker Readmission of Students Who Drop Out, S.B. 2053
Tags: Connecticut | School-to-Prison Pipeline | Legislation
A school must readmit within three days a student who dropped out if the student seeks readmission within 10 days of dropping out. Previously, schools were not required to readmit a student for up to 90 days. The same law also raises the age at which a child may drop out of school with parental/guardian consent from 16 to 17, effective July 1, 2011.
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Sixteen-Year-Olds in Connecticut Returned to Juvenile Justice System, H.B. 7007
Tags: Connecticut | Youth in the Adult System | Legislation
Starting January 1, 2010, 16-year-olds became a part of Connecticut's juvenile justice system. Legislation passed in 2007 called for 16- and 17-year-olds to be moved into the juvenile system (except youth who had committed specific serious and violent offenses), but the state's budget crisis and other efforts to repeal the law on philosophical or administrative grounds threatened to delay implementation for all youth. Further legislation passed in 2009 moved 16-year-olds into the juvenile justice system as of 2010 and specifies how the change will be implemented. Seventeen-year-olds are scheduled to become part of the juvenile system as of July 1, 2012.
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Connecticut Budget Includes Increased Funding for Status Offender Programs, H.B. 6802
Tags: Connecticut | Status Offenses | Legislation
In 2009, despite a budget crisis, the legislature acted in favor of the cost-effective investment in prevention and included funding in its state budget for six additional Family Support Centers for high-need status offenders and their families.
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Illinois Prohibits Sending Juvenile Arrest Records to Federal Bureau of Investigation, S.B. 1030
Tags: Illinois | Collateral Consequences | Confidentiality | Legislation
An Illinois law prohibits the transfer of confidential juvenile arrest records from the Department of State Police to the Federal Bureau of Investigation, to further prevent the unnecessary release of confidential juvenile data. The law also improves the process for juveniles with arrests for misdemeanor offenses to clear their records.
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Pennsylvania Establishes Commission to Investigate Luzerne County Corruption, H.B. 1648
Tags: Pennsylvania | General System Reform | Legislation
The General Assembly established an Interbranch Commission on Juvenile Justice to investigate the circumstances that led to the corruption in Luzerne County, restore public confidence in the administration of justice, and prevent the occurrence of similar events.
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Tennessee Works to Improve Mental Health Evaluations and Screening, H.B. 459
Tags: Tennessee | Mental Health and Substance Abuse | Legislation
The Tennessee General Assembly established a program to reimburse counties for the incidental costs related to outpatient mental health evaluations of youth charged with felonies, such as costs of detention and transportation to outpatient evaluations. Prior to the new law, the state paid in full only for inpatient mental health evaluations, which created an incentive for counties to use the more costly and sometimes unnecessary inpatient evaluations, rather than less costly, more appropriate, and less invasive outpatient evaluations.
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Louisiana Converts Juvenile Institution into Regional Treatment Facility, S.B. 302
Tags: Louisiana | Deinstitutionalization | Legislation
The Jetson Center for Youth, closed as a juvenile correctional facility, is being converted into a regional treatment facility. Legislation sets forth requirements for the operation of the treatment facility, including overall design aligned with national best practices. The facility must have small dorms that house no more than 12 youth, and be limited to 99 youth total. The legislation mandates that the facility have a therapeutic setting, use standardized and validated risk/need assessments, use evidence-based programs, focus on staff development, involve family members, continuously evaluate its programs, and have a staff-to-youth ratio consistent with positive behavior models.
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Delaware Modifies and Investigates School Zero Tolerance Policies, H.B. 120
Tags: Delaware | School-to-Prison Pipeline | Legislation
The Delaware General Assembly passed a bill allowing school boards to modify the terms of expulsions, or to determine that an expulsion is not appropriate. The law recognizes that zero tolerance policies have led to “arbitrary and unfair” expulsions, and that such policies have not been found to improve school safety.
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Pennsylvania Establishes Joint Commission on Juvenile Justice System, Pennsylvania, H.B. 1648
Tags: Pennsylvania | General System Reform | Legislation
Creates a commission to study the juvenile justice scandal in Luzerne County, Pennsylvania.
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Connecticut Schools Must Allow Students Leaving Facilities to Return to School, H.B. 6567
Tags: Connecticut | Aftercare/Reentry | School-to-Prison Pipeline | Legislation
Law states that if a student who committed an expellable offense seeks to return to school after having been in a juvenile facility or residential placement for one year or more, the district to which the student is returning must allow him or her to return, and may not expel the student for additional time for the original offense. The law prohibits schools from holding an expulsion in abeyance and then enforcing the expulsion when a student attempts to return after a year-long residential placement.
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Connecticut Schools Must Collect and Report Truancy Data, S.S.B. 940
Tags: Connecticut | School-to-Prison Pipeline | Legislation
School districts must add truancy data to the list of items reported to the State Department of Education. Such data is defined as attendance information and unexcused absences, and will be public record.
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Oregon Develops Wraparound Initiative to Provide Youth Services, H.B. 2144
Tags: Oregon | Community-Based Alternatives and Supervision | Legislation
New legislation requires the Oregon Department of Education, Oregon Youth Authority, Department of Human Services, State Commission on Children and Families, and other agencies to participate in a wraparound initiative to support the family and youth they serve. Agencies must also ensure cultural competence in the services they provide.
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Committed Texas Youth to Be Assessed for Health Care Eligibility Before Release, H.B. 1630
Tags: Texas | Aftercare/Reentry | Mental Health and Substance Abuse | Physical Health | Legislation
Texas law now provides for a memorandum of understanding between state secure facilities and local juvenile probation departments to ensure that each committed youth is assessed for eligibility for state- or federal-funded health coverage before the youth’s release from placement, detention, or commitment. Previously, Texas removed youth from Medicaid- or state-funded health programs upon commitment to a facility and required the youth to reapply upon release. The new law will help streamline the process for re-enrollment and ensure that more youth have immediate health coverage upon release from a facility.
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Local Texas Juvenile Probation Departments Must Report Annually to Governor and Legislature, S.B. 1374
Tags: Texas | Aftercare/Reentry | Legislation
The Texas Legislature requires that local juvenile probation departments report annually to the governor and legislature on their operations and the condition of juvenile probation services in the state during the previous year. The report must include an evaluation of the effectiveness of community-based programs, and information comparing the cost of a youth participating in a juvenile probation services program with the costs of committing the youth to the Texas Juvenile Justice Department.
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Texas Allows for More In-Depth Review by Attorneys Prior to Transfer Hearings, S.B. 518
Tags: Texas | Juvenile Defense and Court Process | Youth in the Adult System | Legislation
When a youth faces transfer to adult court, at least five days prior to the transfer hearing the court must provide to the youth’s attorney and the prosecuting attorney all written matter that the court will consider in making the transfer decision. Previously, the court was required to provide this material only one day before the hearing. The goal of the law is to encourage more thorough review by attorneys, increased information-sharing, and fewer inappropriate transfers to adult court.
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Texas Clarifies Motions Procedure for New Juvenile Court Trials, H.B. 1688
Tags: Texas | Juvenile Defense and Court Process | Legislation
The Texas Legislature amended the state family code to follow the criminal court rules for a motion for a new trial seeking to vacate a juvenile court adjudication. In following these rules, juvenile court attorneys will have greater clarity on how to file a motion and the process will be more efficient.
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Texas Creates Task Force for Children with Special Needs in Order to Address Service Delivery in Juvenile Justice System, S.B. 1824
Tags: Texas | Community-Based Alternatives and Supervision | General System Reform | Risk Assessment and Screening | Legislation
The Texas Legislature created the Interagency Task Force for Children with Special Needs in order to improve the coordination and quality of services for children and youth with special needs. The report includes several objectives related to juvenile justice, including diversion and minimization of youth involvement in the juvenile justice system; improved assessment of youth entering the system; and improved services for youth with special needs, both within the system and upon reentry to their communities.
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Texas Schools Must Consider Mitigating Factors Before Severely Disciplining Youth, H.B. 171
Tags: Texas | School-to-Prison Pipeline | Legislation
A law in Texas requires school districts to consider mitigating factors—such as self-defense, intent, a student’s disciplinary history, or any disability a student may have—before suspending, expelling, or assigning a student to a disciplinary alternative education program or a juvenile justice alternative education program, regardless of whether the disciplinary action was mandatory under the district’s code of conduct.
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Texas Youth Convicted of Capital Felonies Given Opportunity for Parole, S.B. 839
Tags: Texas | Life Without Parole and Parole Issues | Youth in the Adult System | Legislation
Youth ages 14 to 17 in Texas who are found guilty of a capital felony now have the opportunity for parole. Previously, these youth could only be sentenced to life without parole. The law is not retroactive; youth previously sentenced to life without parole will continue to serve that sentence.
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Texas Youth with Mental Illness or Mental Retardation to Receive Continuity of Care, H.B. 4451
Tags: Texas | Mental Health and Substance Abuse | Legislation
The Texas Juvenile Justice Department (TJJD) must discharge from the state’s custody a youth with mental illness or mental retardation if the youth has completed the required minimum length of stay for the offense and if TJJD determines that the youth is unable to progress in rehabilitation programs because of his or her mental illness or mental retardation. The law will also allow youth with mental illness or mental retardation to obtain continuity of care services when they are discharged from TJJD.
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Louisiana Encourages Establishment of Evidence-Based Programs, H.B. 701
Tags: Louisiana | Community-Based Alternatives and Supervision | Legislation
New legislation in Louisiana specifically authorizes commissioners of juvenile justice districts to enter into agreements to establish and maintain evidence-based programs for youth.
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Redeploy Illinois Becomes Permanent Initiative and Expands Across State, S.B. 1013
Tags: Illinois | Community-Based Alternatives and Supervision | Deinstitutionalization | Fiscal Issues and Funding | General System Reform | Legislation
In April 2009, the Illinois General Assembly passed a law to convert Redeploy Illinois from a pilot program to a permanent initiative that will be accessible to approximately 70 counties that were previously excluded because of their low numbers of delinquent youth. Redeploy Illinois reallocates state funds from juvenile correctional confinement to local jurisdictions in order to establish a continuum of local, community-based sanctions and treatment alternatives for youth offenders.
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Maine to Ensure Provision of Qualified Counsel and Adequate Funding for Indigent Legal Services, S.P.423/L.D. 1132
Tags: Maine | Juvenile Defense and Court Process | Legislation
The Maine Commission on Indigent Legal Services is an independent and permanent statutory commission that must work to ensure the delivery of indigent legal services by qualified and competent counsel in a manner that is fair and consistent throughout the state, and to ensure adequate funding of a statewide system of indigent legal services free from conflicts of interest and undue political interference. The commission must also develop the statistics necessary to evaluate the quality and the cost-effectiveness of services provided.
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Nevada Committee to Evaluate and Review Juvenile Justice Issues, S.B. 3
Tags: Nevada | General System Reform | Legislation
Nevada’s Legislative Committee on Child Welfare and Juvenile Justice is charged with evaluating and reviewing issues relating to juvenile justice, including community-based programs and services within and outside of the state; programs for aftercare and reintegration; overrepresentation and disparate treatment of minorities; gender-specific services; quality of care in state facilities; and the feasibility and necessity of independent monitoring of state facilities.
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Certain Colorado Youth Tried as Adults May Be Held in Juvenile Facilities Rather than Adult Jail, H.B. 1321
Tags: Colorado | Detention | Youth in the Adult System | Legislation
Juveniles who are tried as adults may be placed in a juvenile facility prior to trial, rather than an adult jail, if the district attorney and defense counsel agree on the placement. Additionally, the district attorney may agree to change the place of confinement from adult jail to a juvenile facility at any stage of the proceedings. To determine the appropriate placement, the district attorney and defense counsel must consider several factors, including the nature, seriousness, and circumstances of the alleged offense; the youth's history of prior criminal acts; and the youth's age, physical maturity, mental state, and mental maturity.
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Florida Ends School Zero Tolerance Policies for Minor Infractions, Florida, S.B. 1540
Tags: Florida | School-to-Prison Pipeline | Legislation
Prohibits schools from referring students to law enforcement for minor school violations.
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Florida Reins in Zero Tolerance Law, S.B. 1540
Tags: Florida | School-to-Prison Pipeline | Legislation
The Florida Legislature amended its zero tolerance law to allow for more discretion and discourage the overuse of police referrals. The legislation encourages schools to use alternatives to expulsion or referral to law enforcement by using programs such as restitution, civil citation, teen court, or neighborhood restorative justice to address disruptive behavior. The law also states that zero tolerance policies are not intended to “be rigorously applied to petty acts of misconduct and misdemeanors.” Zero tolerance policies must now specifically define criteria for referral to law enforcement, acts that pose a serious threat to school safety, and petty acts of misconduct.
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Texas Youth May Have Records Sealed Immediately After Successful Completion of Drug Court Program, H.B. 2386
Tags: Texas | Collateral Consequences | Confidentiality | Legislation
Texas juvenile courts may seal the record of an eligible youth immediately after he or she successfully completes a drug court program.
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Minnesota Mandates Juvenile Justice Data Collection, Minnesota, H.F. 702
Tags: Minnesota | Racial and Ethnic Disparities | Legislation
Addresses racial and ethnic disparities in the juvenile justice system.
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Minnesota Juvenile Justice Data Collection Bill Addresses Racial and Ethnic Disparities, H.F. 702
Tags: Minnesota | Racial and Ethnic Disparities | Legislation
A Minnesota law aims to address racial and ethnic disparities in the juvenile justice system and mandates that a study group produce a plan to determine how to best collect data on race, ethnicity, gender, geography, and offenses in the juvenile justice system. The Minnesota Department of Public Safety Office of Justice Programs submitted a report on behalf of the study group in February 2010 on strategies to improve Minnesota’s juvenile justice data collection and analysis.
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Maryland Youth Gain Opportunity for Record Expungement, H.B. 1227
Tags: Maryland | Collateral Consequences | Confidentiality | Legislation
Youth in Maryland may petition for the expungement from the criminal system of an adult charge upon transfer of the case back to the jurisdiction of the juvenile court.
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Hawaii Officials Gain Authority to Investigate Incidents at Youth Facilities, H.B. 1101
Tags: Hawaii | Institutional Conditions | Legislation
The Hawaii State Legislature authorized the Director of Human Services to appoint investigators to examine incidents at the Hawaii Youth Correctional Facility (HYCF), and gave these investigators access to necessary information maintained by state and county entities. The investigations cover incidents of use of force, staff-on-youth violence, serious youth-on-youth violence, inappropriate staff relationships with youth, sexual misconduct between youth, and abusive institutional practices at HYCF.
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Delaware Establishes School Discipline Task Force, H.R. 22
Tags: Delaware | School-to-Prison Pipeline | Legislation
The legislature established a school discipline task force in June of 2009 to investigate the state’s zero tolerance policy on school infractions and make recommendations on how to improve laws, regulations, and school district policies.
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Indiana Legislature Oversees Measures to Reduce DMC, H.B. 1289
Tags: Indiana | Racial and Ethnic Disparities | Legislation
The Board for the Coordination of Programs Serving Vulnerable Individuals, established by the legislature, will oversee the implementation of the recommendations made by Indiana’s Commission on Disproportionality in Youth Services.
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Nevada Invalidates Presumptive Certification Statute, A.B. 237
Tags: Nevada | Youth in the Adult System | Legislation
The Nevada Supreme Court threw out the presumptive certification statute that allowed prosecutors to transfer certain cases to adult court, finding that the statute violated youths’ constitutional right against self-incrimination. The court’s unanimous ruling states that the law’s “requirement that a juvenile admit the charged criminal conduct, and thereby incriminate himself, in order to overcome the presumption of adult supervision is unconstitutional.” The Nevada Legislature codified the court’s 2009 ruling and raised the threshold age at which a youth may be certified as an adult under presumptive certification from 14 to 16.
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New York City Requires Department of Corrections to Collect Data on Adolescents in City Jails, Introduction 0937-2009
Tags: New York | Detention | Institutional Conditions | Legislation
In response to the fatal beating of a youth on Rikers Island, the New York City Council passed a bill that requires the Department of Corrections to collect data on adolescents in city jails. Rikers Island houses nearly 900 youth between 16 and 18 years old. The security-related data being gathered includes, among other indicators, the number of stabbings/slashings and fights resulting in serious injury, number of attempted suicides, and incidents of sexual assault.
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Non-Identifying Washington Juvenile Court Records to Be Available for Research Purposes, H.B. 1238
Tags: Washington | General System Reform | Legislation
For the purpose of research only, the Administrative Office of the Courts in Washington must maintain an electronic research copy of all records in the judicial information system related to youth. Access is restricted to the Washington State Center for Court Research, which must protect all confidential records and preserve the anonymity of any people identified in them.
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Indiana Provides for Suspension, Rather than Termination, of Medicaid for Incarcerated Youth, H.B. 1536
Tags: Indiana | Aftercare/Reentry | Mental Health and Substance Abuse | Physical Health | Legislation
Prior to the passage of a new law in Indiana, the Division of Family Resources terminated Medicaid eligibility for all youth adjudicated delinquent and placed in confinement, delaying receipt of health services for youth upon reentry. Under the new law, the Division of Family Resources must suspend—not terminate—their Medicaid eligibility during the first six months of confinement, allowing for quicker and easier reenrollment after release.
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Maryland Schools May No Longer Suspend or Expel Students Solely Because of Attendance-Related Offenses, H.B. 660
Tags: Maryland | School-to-Prison Pipeline | Status Offenses | Legislation
Maryland schools are prohibited from suspending or expelling students based solely on attendance-related offenses. Attendance-related offenses include cutting class, tardiness, and truancy. The law includes an exception for in-school suspension. The legislation aims to keep youth in school and promote educational opportunity by addressing the underlying reasons for multiple absences.
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Georgia Protects Child Victims of Commercial Sexual Exploitation Through Child Abuse Definition, S.B. 69
Tags: Georgia | Girls | Victims | Legislation
Georgia's mandatory child abuse reporting law was expanded to help identify youth who are victims of commercial sexual exploitation, by redefining sexual exploitation as a form of child abuse, and recognizing sexual exploitation as child abuse regardless of who is exploiting the child.
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Oregon Custodial Interviews of Youth Charged as Adults Must Be Electronically Recorded, S.B. 309
Tags: Oregon | Juvenile Defense and Court Process | Legislation
Oregon law requires a custodial interview by a peace officer in a law enforcement facility to be electronically recorded if the interview is conducted in connection with an investigation of aggravated murder, crimes requiring the imposition of a mandatory minimum sentence, or crimes requiring adult prosecution of youth offenders. The law allows unrecorded statements into evidence, but requires that the judge give the jury instructions concerning the fact that the statement was not recorded.
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Washington Prosecutors May Divert Youth Prostitution Cases, H.B. 1505
Tags: Washington | Girls | Victims | Legislation
The Washington State Legislature passed a law allowing a prosecutor to divert a case where a youth is alleged to have committed prostitution or prostitution loitering, regardless of the youth’s offense history or previous diversions.
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Washington Reforms Truancy Procedures, S.B. 5881
Tags: Washington | School-to-Prison Pipeline | Status Offenses | Legislation
The Washington State Legislature made several changes to the state’s truancy practices and procedures. If the student is in a special education program or has a diagnosed mental disorder, the court must inquire as to what efforts the school district has made to assist the youth in attending school. If a youth is not provided with counsel at a truancy hearing, the court must conduct a colloquy on the record advising the youth and his or her parents of their rights before entering a truancy order. Detention as a sanction for truancy must be limited to seven days. Lastly, the legislature encourages the use of community truancy boards and other diversion programs that are effective in promoting school attendance and preventing the need for more intrusive court intervention.
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Washington Courts Must Seal Records of Youth Who Have Successfully Completed Deferred Disposition, H.B. 1954
Tags: Washington | Collateral Consequences | Confidentiality | Legislation
Washington courts are now required, within 30 days after a youth’s 18th birthday, to seal a youth’s records of deferred disposition, provided that the youth does not have any pending charges.
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Washington Individuals with Youth Adjudications for Sex Offenses Must Be Notified of Right to Removal from Registries, S.B. 5326
Tags: Washington | Collateral Consequences | Sex Offender Registries | Legislation
The Washington State Patrol must provide notice to individuals registered for a sex offense or kidnapping offense committed when they were juveniles of the ability to petition for relief from the duty to register. The notice must be provided at least annually.
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Georgia Limits Detention of Youth Convicted of Status Offenses and Low-Level Misdemeanors, H.B. 245
Tags: Georgia | Detention | Status Offenses | Legislation
The Georgia General Assembly shortened the maximum length of time that certain youth can be held in the state's Short-Term Program (STP) from 60 to 30 days. STP is a dispositional option that results in a short-term detention placement for youth. The aim of the legislation is to keep youth convicted of status offenses and low-level misdemeanors out of detention and to serve them more appropriately and effectively in the community.
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North Dakota Improves Services for Transition-Aged Youth, H.B. 1044
Tags: North Dakota | Aftercare/Reentry | Community-Based Alternatives and Supervision | Legislation
Legislation now requires the North Dakota Department of Human Services to use a wraparound planning process to develop a program for services to transition-aged youth at risk. The legislation applies to youth who have been involved in the juvenile justice or foster care systems, youth with serious mental illness or serious disability, and youth with suicidal tendencies.
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Mississippi Prohibits Sending Nonviolent, First-Time Juvenile Offenders to Training School Without Specific Finding from the Court, H.B. 1494
Tags: Mississippi | Community-Based Alternatives and Supervision | Deinstitutionalization | Legislation
Mississippi prohibits courts from sending first-time nonviolent juvenile offenders or youth under the age of 10 to the state training school without first making a specific finding of fact by a preponderance of the evidence. The court must assess "what is in the best rehabilitative interest of the child and the public safety of communities and that there is no reasonable alternative to a non-secure setting and therefore secure commitment is appropriate." The law also requires the court to make a similar finding of fact by a preponderance of the evidence before it sends a first-time nonviolent youth offender to detention for more than 90 days.
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Mississippi Strengthens Representation of Youth at Critical Stages, S.B. 2939
Tags: Mississippi | Juvenile Defense and Court Process | Legislation
The Mississippi State Legislature specified the critical stages at which juveniles must be represented by counsel, including, but not limited to, detention, adjudicatory and disposition hearings, parole or probation revocation proceedings, and post-disposition matters. The law also specifies that the youth's attorney "shall owe the same duties of undivided loyalty, confidentiality and competent representation ... as is due an adult client."
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Montana Requires Electronic Recording of Custodial Interrogations of Youth Charged with Felonies, H.B. 534
Tags: Montana | Juvenile Defense and Court Process | Legislation
The Montana Legislature requires electronic recording of custodial interrogations in youth cases involving an offense that would be a felony if committed by an adult. The law states several purposes for the requirement, including to provide the best evidence of the communications that occurred during an interrogation and prevent disputes about a police officer’s conduct or treatment of a suspect during the course of an interrogation. Statements made during interrogations that do not conform to the requirements of the law may be admitted in court if the prosecutor proves by a preponderance of the evidence that certain limited exceptions apply.
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Illinois Expands Redeploy Illinois, Illinois, Public Act 95-1050
Tags: Illinois | Community-Based Alternatives and Supervision | Legislation
Expands the Redeploy Illinois Program from a pilot program to a permanent initiative that will be extended to other counties.
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Arkansas Mandates New Education System for Youth Residential Facilities, H.B. 1932
Tags: Arkansas | Institutional Conditions | Legislation
Finding the current education program of the Arkansas Division of Youth Services (DYS) "lacking," the General Assembly passed a law that requires the Arkansas Department of Education to establish guidelines for and monitor DYS' education system for youth in its residential facilities.
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Arkansas Requires Detailed Treatment Plans for Committed Youth, S.B. 776
Tags: Arkansas | Institutional Conditions | Legislation
The Arkansas Division of Youth Services must file with the court a treatment plan for all committed youth no later than 30 days from the commitment order or before the youth's release, whichever is sooner. Treatment plans must detail the type of programs and services to be provided to the youth; state the anticipated length of commitment; include recommendations as to the most appropriate post-commitment placement for the youth; detail any post-commitment community-based services that will be offered to the youth and his or her family; and outline an aftercare plan.
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Colorado Increases Age of Eligibility for Sentencing in the Youthful Offender System, H.B. 1122
Tags: Colorado | Youth in the Adult System | Legislation
A new category of youth was established by the Colorado General Assembly to be eligible for sentencing in the Youthful Offender System (YOS) for certain offenses. YOS offers these youth -- referred to as "young adult offenders" -- alternatives to what would otherwise be a mandatory prison sentence. Young adult offenders are those who were at least 18 years old but under 20 years of age when the crime was committed and under 21 years old at the time of sentencing. YOS offers educational and vocational programming and a shorter period of community supervision than an adult prison and parole sentence. All YOS youth have a suspended adult prison sentence, which is two to four times longer than the two- to seven-year determinate YOS term. Successful completion of YOS discharges the adult prison sentence.
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New Mexico Prohibits Use of Restraints on Girls in Labor, S.B. 423
Tags: New Mexico | Girls | Institutional Conditions | Legislation
Law prohibits the use of any kind of restraints on an inmate who is in labor, delivering her baby, or recuperating from the delivery, unless there are grounds to believe that she presents an immediate threat of harm to herself, staff, or others, or is a substantial flight risk. The law also mandates that an adult or juvenile correctional facility, detention center, or local jail use the least restrictive restraints necessary when the facility has knowledge that an inmate is in the second or third trimester of pregnancy.
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Montana Attorneys Must Meet with Youth Prior to Detention Hearings and Prior to Youth’s Waiver of Counsel, S.B. 91
Tags: Montana | Juvenile Defense and Court Process | Legislation
The Montana Legislature revised the Youth Court Act to require a youth to be represented by an attorney at a detention hearing, unless the youth waives his or her right to an attorney after consulting with an attorney prior to the hearing. If the youth is under 16, the youth and parent/guardian can waive counsel only after consulting with an attorney prior to the hearing.
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Arkansas Sets Forth Factors to Determine Whether a Juvenile's Confession Is Voluntary, Arkansas, S.B. 788/Act 759
Tags: Arkansas | Juvenile Defense and Court Process | Legislation
Sets factors including the juvenile's maturity, whether the confession was coerced, whether the juvenile's parent or guardian who may have agreed to the interrogation had an interest adverse to the juvenile, and whether the confession was audio or video recorded. Additionally, in regard to a determination of whether a juvenile voluntarily waived counsel, the statute specifically requires the court to consider whether the waiver was recorded in audio or video format.
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Arkansas Codifies Factors Used to Determine Whether a Youth’s Confession Is Voluntary, S.B. 788
Tags: Arkansas | Juvenile Defense and Court Process | Legislation
The Arkansas General Assembly codified factors for the court to consider when determining if a youth's confession was made voluntarily, knowingly, and intelligently. The factors include the youth's maturity, whether the confession was coerced, whether a parent or guardian who agreed to the youth's interrogation had an interest adverse to the youth, and whether the confession was audio- or video-recorded. Additionally, with regard to a determination of whether a youth voluntarily waived counsel, the statute specifically requires the court to consider whether the waiver was recorded in audio or video format.
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Colorado Allows Youth Charged as Adults to Petition for Expungement of Records When Sentenced as Juveniles, H.B. 1044
Tags: Colorado | Youth in the Adult System | Legislation
Colorado law permits a juvenile who is charged as an adult by the direct filing of charges in district court, but sentenced as a juvenile in the same matter, to petition the court for the expungement of his or her record. Previously, such youth were not eligible to have their records expunged.
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Mississippi Authorizes Community-Based Services, H.B. 471
Tags: Mississippi | Community-Based Alternatives and Supervision | Legislation
A Mississippi law now specifically authorizes the Department of Human Services to develop regional and community-based juvenile residential facilities and specialized therapeutic programs and facilities.
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New Mexico Working Group Considers Appropriate Detention Placement for Older Youth, H.M. 115
Tags: New Mexico | Youth in the Adult System | Legislation
In 2009, the New Mexico House of Representatives requested that the Children, Youth and Families Department convene a working group to share resources, research, and recommendations and to otherwise coordinate efforts on the subject of appropriate detention for youth 18-21 years of age. The working group was directed to address concerns regarding housing older youth with adults, as well as concerns with housing such youth with youth aged 12-17. A duplicate House Memorial was passed in 2010 to continue the work of the group. The group made a series of recommendations in 2010 covering various topics, such as when youth may be transferred to adult jails, time limits for initial hearings, hearing procedures, and measures to protect youth aged 18-21 who are placed in adult jails.
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Virginia Schools May Not Suspend Students for Truancy, H.B. 1794
Tags: Virginia | School-to-Prison Pipeline | Status Offenses | Legislation
Virginia public schools may no longer suspend students solely based on truancy issues. Prior to the legislative change, over 15,000 students were suspended each year for being tardy or truant.
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Chicago City Council Resolution in Support of the United Nations Convention on the Rights of the Child, February 11, 2009
Tags: Illinois | International and Human Rights | Legislation
On February 11, 2009, the Chicago City Council passed a resolution in support of the United Nations Convention on the Rights of the Child (CRC), agreeing to "advance policies and practices that are in harmony with the principles of the [CRC] in all city agencies and organizations that address issues directly affecting the City's children."
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Illinois Raises the Age of Juvenile Jurisdiction from 17 to 18 for Youth Charged with Misdemeanors, S.B. 2275
Tags: Illinois | Youth in the Adult System | Legislation
Seventeen-year-olds charged only with misdemeanors will have their cases heard in juvenile court, rather than adult criminal court.
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Advances in Juvenile Justice Reform, 2007-2008, National Juvenile Justice Network
Tags: National | General System Reform | Administrative/Regulatory Policies | Court Decisions and Related Documents | Legislation | NJJN Publications
Compilation of legislative, judicial and administrative advances and new funding allocations that have led to the closure of large, harmful juvenile prisons; increases in programs that offer community-based alternatives to confinement; strengthened practice standards for juvenile defenders; and additional procedural and substantive protections for youth in and out of court. The booklet includes advances from states across the country sorted into substantive issue categories. Each advance is briefly summarized with a citation. Advances cited in the booklet may be found on NJJN’s Web site.
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Iowa Bill to End Life Without Parole, Iowa, H.R. 43
Tags: Iowa | Life Without Parole and Parole Issues | Legislation
Bill sought to end life without parole for juveniles in Iowa. It did not pass.
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Alabama Juvenile Justice Act Attorney Duties, Code of Alabama, Section 12-15-202
Tags: Alabama | Juvenile Defense and Court Process | Legislation
Legislation outlining the duties of a child's attorney according to Alabama law.
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Vermont Creates Juvenile Jurisdiction Policy and Operations Coordinating Council, Vermont, H. 615
Tags: Vermont | General System Reform | Legislation
Creates a council to plan and develop steps to better address age-appropriate responses to older youth within the juvenile justice system. The council must develop implementation plans for three options: 1) maintaining the current jurisdiction statute, 2) changing the initial court of jurisdiction to the family court in all misdemeanor proceedings, and 3) changing the initial court of jurisdiction to the family court in all juvenile proceedings. Each option must also include a plan for continuing jurisdiction of the family court in delinquency proceedings until age 22.
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New Mexico Develops Plan for Gender-Responsive Services and Programs for Girls in the Juvenile Justice System, H.M. 13
Tags: New Mexico | Girls | Institutional Conditions | Legislation
In response to a House Memorial passed in 2009, the New Mexico Children, Youth and Families Department convened a task force to develop a sustainable plan for a continuum of gender-responsive services and programs for girls in the juvenile justice system. The initial legislative request for the task force cites the complex and unique needs of girls. The task force reviewed current risk assessment tools, existing treatment options for gender-responsive services and programs, and best practice models for implementing and sustaining gender-responsive services and programs. The task force's plan recommends implementation of a gender-specific curriculum and programming for all girls in the juvenile justice system. The 2011 legislative request to implement the plan notes the need for early intervention, involvement with families and communities, staff training, and standardized data collection, and also acknowledges the fiscal prudence of early intervention.
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Pennsylvania Prohibits Use of Mental Health and Substance Abuse Assessments in Court, Pennsylvania, H.B.1511/Act 109
Tags: Pennsylvania | Juvenile Defense and Court Process | Mental Health and Substance Abuse | Legislation
Pennsylvania, H.B.1511/Act 109, October 9, 2008 Strengthens juveniles' right against self-incrimination by placing restrictions on the use of screenings and assessments.
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Illinois Creates Comprehensive Strategy for Services to Youth through Commission on Children and Youth, Illinois, H.B. 4456/Public Act 95-0781
Tags: Illinois | General System Reform | Legislation
The Commission on Children and Youth will explore how the state can most effectively support children and youth.
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Illinois Establishes Commission to Study Disproportionate Justice Impact, Illinois, S.B. 2476/Public Act 95-0995
Tags: Illinois | Racial and Ethnic Disparities | Legislation
Creates the Commission to Study Disproportionate Justice Impact in order to catalogue the nature and extent of harm caused to minority communities through violation and sentencing provisions. The Commission's findings must be submitted by December 31, 2009.
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California Passes Family Communication and Youth Rehabilitation Act, California, S.B. 1250/Chapter 522
Tags: California | Institutional Conditions | Legislation
Ensures parents and guardians are notified in cases of emergency; provides for notification to families of upcoming parole hearings; allows youth to speak on the phone with family, clergy or legal counsel in their native language; requires youth facilities to provide blank paper, envelopes and pencils to youth in a manner consistent with institutional safety; allows youth to write letters to family, clergy or counsel in their native language; and provides youth with a written description of rights while in custody. The Act is expected to reduce recidivism by allowing for greater family communication.
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Illinois Juveniles Gain Meaningful Guarantee of Right to Counsel, Illinois, S.B. 2118/Public Act 95-0846
Tags: Illinois | Juvenile Defense and Court Process | Legislation
Requires the court to appoint counsel for youth retained in custody immediately upon the filing of petition.
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New York Creates Safe Harbor for Exploited Children, New York, S. 3175
Tags: New York | Girls | Legislation
The Safe Harbor Act treats girls under 15 as victims, rather than criminals, the first time they are arrested for prostitution.
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North Carolina Studies Impact of Raising Age of Juvenile Jurisdiction to 18, North Carolina, H.B. 2436/S.L. 2008-107
Tags: North Carolina | Youth in the Adult System | Legislation
Allocates $200,000 to conduct a study of the impact of expanding juvenile jurisdiction from 16 to 18 years of age.
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Pennsylvania Board of Education Adopts Positive Behavior Interventions, Pennsylvania, 22 Pa. Code Ch. 14
Tags: Pennsylvania | School-to-Prison Pipeline | Legislation
Revised regulations on special education, focusing on positive behavior support rather than physical restraints.
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Louisiana Closes Abusive Jetson Correctional Center for Youth, Louisiana S.B. 749/Act 565
Tags: Louisiana | Deinstitutionalization | Institutional Conditions | Legislation
The Jetson Correctional Center for Youth, the site of widespread violence and the tragic death of a child who was just weeks away from his release, closed June 30, 2009.
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Model School Discipline Policies and Programs, Part 2, Jim Freeman, Advancement Project
Tags: Connecticut | Georgia | Illinois | Maryland | School-to-Prison Pipeline | Administrative/Regulatory Policies | Legislation
Compilation of model discipline policies and programs from Chicago Public Schools; Clayton County, Georgia; and Baltimore School Police, as well as model legislation on suspensions from Connecticut. Compilation also includes examples of prevention, intervention and diversion programs.
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Tennessee Curtails Juvenile Court Referrals by School Personnel, Tennessee, S.B. 2609/Public Chapter 1063
Tags: Tennessee | Mental Health and Substance Abuse | Physical Health | School-to-Prison Pipeline | Legislation
Mandates that school personnel may only file juvenile petition against a special education student after determining that the behavior was not caused by the student's disability.
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Connecticut Strengthens Protections for Youth in Families with Service Needs Cases, Connecticut, H.B. 5926/Public Act 08-86
Tags: Connecticut | Community-Based Alternatives and Supervision | Confidentiality | Risk Assessment and Screening | Legislation
Improves the due process rights of children in families with service needs cases and clarifies issues of confidentiality of mental health screenings and assessments.
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Mississippi Closes Abusive Training School for Girls, Mississippi, H.B. 244/Chapter 555
Tags: Mississippi | Girls | Institutional Conditions | Legislation
After a lawsuit filed in 2007, the Mississippi legislature passed a bill to close the Columbia Training School for girls.
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Alabama Passes Juvenile Justice Act of 2008, Alabama, H.B. 28 and 29/S.B. 33 and 34
Tags: Alabama | General System Reform | Legislation
Lays the foundations for improvements in children's defense. The Act also reduces reliance on incarceration and expands community-based alternatives.
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Virginia Creates "Romeo and Juliet" Exception in Sex Offender Law, Virginia, S.B. 590/Chapter 877
Tags: Virginia | Sex Offender Registries | Legislation
Makes carnal knowledge a sexually violent offense only when the perpetrator is more than five years older than the victim and previously convicted of any two or more sexually violent offenses.
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Rhode Island Sets Limit on Juvenile Facility's Population, Rhode Island, H. 7204A/Chapter 9
Tags: Rhode Island | Institutional Conditions | Legislation
Sets a limit on the number of youth who may be housed at the Rhode Island Training School.
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Mississippi Sets Educational Standards and Appropriations for Detained Youth, Mississippi, H.B. 348
Tags: Mississippi | Detention | Institutional Conditions | Legislation
Sets new standards for education and requires the annual appropriation of sufficient funds for the provision of educational services to detained youth.
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Colorado Includes Restorative Justice in Children's Code, Colorado, H.B. 08-1117
Tags: Colorado | Community-Based Alternatives and Supervision | General System Reform | Legislation
Amends Children's Code to include a provision for restorative justice for most offenses.
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Virginia Improves Compensation for Court-Appointed Counsel for Juveniles, Virginia, S.B. 610/Chapter 760
Tags: Virginia | Juvenile Defense and Court Process | Legislation
Moves to remedy the notoriously low compensation of court-appointed attorneys for juveniles.
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Virginia Allows Juveniles Given Blended Sentences to Earn Sentence Credits, Virginia, H.B. 1207/Chapter 517
Tags: Virginia | Youth in the Adult System | Legislation
Juveniles convicted as adults and given blended sentences are eligible to earn sentence credits while at the juvenile facility.
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Alabama Juvenile Justice Act of 2008 Annotated Guide, Alabama, Administrative Office of Courts
Tags: Alabama | General System Reform | Legislation | Reports
Annotated guide to the Alabama Juvenile Justice Act of 2008 that is intended to aid legislators and others in locating the more significant changes in Alabama juvenile law made by the bill. The text of the bill contained in the guide is identical to the "plain" version of the bill (H.B.29/S.B.33). The guide does not comprehensively list every change that would be made by the bill, but summarizes the most significant changes.
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Indiana Eliminates "Once Waived, Always Waived" Law for Misdemeanors, H.B. 1112
Tags: Indiana | Youth in the Adult System | Legislation
Eliminates Indiana's "once waived, always waived" law for youth charged only with a misdemeanor.
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Illinois Increases Age of Department of Children and Family Services Guardianship, Illinois, Public Act 95-0642
Tags: Illinois | Crossover and Dual Jurisdiction Youth | Legislation
Provides that a minor released from state prison may be placed under the guardianship of the Department of Children and Family Services as long as a basis of abuse, neglect, or dependency exists.
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California Passes Bill of Rights for Youth, California, S.B. 518
Tags: California | General System Reform | Institutional Conditions | Legislation
Requires all facilities of the Division of Juvenile Facilities to provide care, placement and services to youth without discrimination on the basis of race, ethnicity, religion, sexual orientation, gender identity, disability, or HIV status.
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Illinois Amends Sex Offender Registration Act to Reduce Negative Impact on Youth, Illinois, Public Act 95-0658
Tags: Illinois | Sex Offender Registries | Legislation
Amends sex offender registration act to eliminate the provision that required youth adjudicated with a sex offense to register on the adult, public registry when they reached the state's age of criminal responsibility (17 years).
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Connecticut Provides New Services for Families with Service Needs, Connecticut, H.B. 5576
Tags: Connecticut | Community-Based Alternatives and Supervision | Legislation
Creates and funds Family Support Centers in four communities for families with needs.
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California Closes Juvenile Facilities and Reduces Incarcerated Population, California, S.B. 81/Chapter 175
Tags: California | Deinstitutionalization | Legislation
The California Youth Authority (CYA) closed three facilities in accordance with S.B. 81. CYA population was reduced from 2,446 in September 2007 to 1,808 juveniles in September 2008.
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Illinois Creates Juvenile Defender Center, Illinois, Public Act 95-0376
Tags: Illinois | Juvenile Defense and Court Process | Legislation
Makes it possible for the State Appellate Defender's office to create a Juvenile Defender Center that will implement model systems for juvenile defense services and train public defenders on juvenile justice issues.
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Illinois Gives Court Control over Juvenile Detention Center, Illinois, Public Act 95-0194
Tags: Illinois | Detention | Legislation
Moves control of the Cook County Juvenile Detention Center away from the county and gives it to the court.
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Illinois Increases Confidentiality of Juvenile Records, Illinois, Public Act 95-0123
Tags: Illinois | Confidentiality | Legislation
Increases confidentiality of records in both pending and non-pending cases.
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Washington Improves Mental Health Services, Washington, Law C359 L07
Tags: Washington | Mental Health and Substance Abuse | Legislation
Establishes a children's mental health evidence-based practice institute at the University of Washington.
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Louisiana Improves School Expulsion Process, Louisiana S.B. 265/Act 385
Tags: Louisiana | School-to-Prison Pipeline | Legislation
Alters laws relating to school expulsion to reduce their amount and duration and eliminate the practice of expelling students without providing alternative education.
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Louisiana Mandates Standards for Public Defenders, Louisiana, H.B. 436/Act 307
Tags: Louisiana | Juvenile Defense and Court Process | Legislation
Mandates the Louisiana Public Defender Board to ensure the provision of uniform public defender services throughout the state.
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Connecticut Raises Age of Juvenile Jurisdiction, Connecticut, S.B. 1500/Public Act 07-4
Tags: Connecticut | Youth in the Adult System | Legislation
Raises the age of juvenile court jurisdiction from 16 to 18.
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Rhode Island Returns 17-Year-Olds to Jurisdiction of Juvenile Court, S. 1141B/ Chapter 532
Tags: Rhode Island | Youth in the Adult System | Legislation
Just months after lowering the age of adult jurisdiction, the Rhode Island legislature restored 17 years olds to the jurisdiction of the juvenile court.
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North Carolina Limits Use of Shackles in Court, North Carolina, H.B. 1243/S.L. 2007-100
Tags: North Carolina | Juvenile Defense and Court Process | Shackling | Legislation
Sets new standards for use of restraints on juveniles in court.
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Rhode Island Prohibits Zero Tolerance Policies in Public Schools, Rhode Island, S. 394/Chapter 407
Tags: Rhode Island | School-to-Prison Pipeline | Legislation
Mandates that discipline for any public school student who violates policy related to drugs, alcohol, or weapons must be dealt with on a case-by-case basis.
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Tennessee Focuses Juvenile Programs on Evidence-Based Programs, Tennesse, H.B. 1614/ S.B. 1790
Tags: Tennessee | Community-Based Alternatives and Supervision | Prevention | Legislation
State agencies in Tennessee may no longer expend funds on juvenile justice programs or programs related to delinquency prevention and treatment unless the program is evidence-based.
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Texas Creates Ombudsman's Office for Incarcerated Youth, Texas, S.B. 103
Tags: Texas | Institutional Conditions | Legislation
Mandates the creation of an ombudsman's office to oversee conditions of confinement and treatment of incarcerated youth.
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Colorado Creates Commission on Criminal and Juvenile Justice, Colorado, H.B. 07-1358
Tags: Colorado | General System Reform | Legislation
Commission is to address prevention and recidivism, among other issues.
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Washington Funds Expansion of Drug Courts, Washington, Chapter 522, Laws of 2007
Tags: Washington | Mental Health and Substance Abuse | Legislation
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Washington Funds Expansion of Evidence-Based Programs, Washington, Chapter 522
Tags: Washington | Community-Based Alternatives and Supervision | Legislation
Increases appropriations for evidence-based programs.
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Indiana Limits Definition of Sex Offender to Protect Youth through "Romeo and Juliet" Law, Indiana, H.B. 1386
Tags: Indiana | Sex Offender Registries | Legislation
Protects consenting teenagers by revising the definition of a sex offender to exempt a person convicted of sexual misconduct with a minor as a Class C felony if the person is less than five years older than the victim and the court finds that the person should not be required to register as a sex offender.
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Summary of Arizona's Youthful Sex Offenders Treatment Act: S.B. 1628, Children's Action Alliance
Tags: Arizona | General System Reform | Legislation
Summary of Act that improves treatment and adjudication of juvenile sex offenders.
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Mississippi Sets Educational Standards for Detained Youth, S.B. 2818/Chapter 568
Tags: Mississippi | Detention | Institutional Conditions | Legislation
Sets new educational standards for youth in detention and requires annual appropriation of sufficient funds for the provision of these educational services.
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New Mexico Revises Mental Health and Disabilities Code to Benefit Youth, New Mexico, H.B. 637
Tags: New Mexico | Mental Health and Substance Abuse | Physical Health | Legislation
Revises the Children's Mental Health and Developmental Disabilities Code to ensure that children receiving mental health and habilitation services have basic rights regardless of the setting.
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Arizona Improves Treatment of Juvenile Sex Offenders, Arizona, S.B. 1628
Tags: Arizona | Sex Offender Registries | Legislation
Improves the adjudication and treatment programs of youth sex offenders.
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Maryland Expands Monitoring of Residential Facilities, Maryland, S.B. 360
Tags: Maryland | Institutional Conditions | Legislation
Expands the responsibilities of the Juvenile Justice Monitoring Unit to include monitoring of any facility licensed by the Department of Juvenile Services.
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New Mexico Increases Confidentiality of Juvenile Records, New Mexico, H.B. 738
Tags: New Mexico | Confidentiality | Legislation
Prohibits the New Mexico Supreme Court from displaying on their public website the names of persons under age 18 found to be delinquent of an offense.
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Virginia Permits Blended Sentences for Juveniles Convicted of Capital Murder, Virginia, H.B. 2053/Chapter 460
Tags: Virginia | Youth in the Adult System | Legislation
Mandates that juveniles convicted of capital murder may only be sentenced by the court (rather than by juries), and the court may impose blended sentences.
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West Virginia Establishes Multidisciplinary Treatment Process for Committed Youth, West Virginia, S.B. 626/Chapter 31
Tags: West Virginia | General System Reform | Legislation
Requires that juvenile services engage in a multidisciplinary treatment planning process for committed juveniles.
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New Mexico Incorporates JDAI Principles in Children's Code, New Mexico, H.B. 517
Tags: New Mexico | Community-Based Alternatives and Supervision | Detention | Legislation
Incorporates the guiding principles of the Juvenile Detention Alternatives Initiative into the Purpose section of the Delinquency Article of the New Mexico Children's Code, furthering the state's detention reform efforts.
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Arkansas Limits Sources to Whom Juvenile Records May Be Released, Arkansas, H.B. 2248/Act 742
Tags: Arkansas | Confidentiality | Legislation
Provides the Division of Youth Services and any community organizations working with the Division a list of parties to whom they may release records that personally identify a juvenile.
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Virginia Ends "Once an Adult, Always an Adult" Law, Virginia, H.B. 3007
Tags: Virginia | Youth in the Adult System | Legislation
Requires that youth are convicted in the first offense in order to be tried as an adult in future offenses.
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Arkansas Requires Placement Decisions for Dually Involved Youth to Be Made by One Judge, Arkansas, S.B. 370/Act 587
Tags: Arkansas | Crossover and Dual Jurisdiction Youth | Legislation
Aims to ensure that all matters relating to the placement of children who are in foster care and have been sent to a different jurisdiction remain with one judge.
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Arkansas Closes Loophole that Allowed Some Juveniles to Be Tried in Adult Criminal Court, Arkansas, H.B. 1475/Act 257
Tags: Arkansas | Youth in the Adult System | Legislation
Ensures juvenile court jurisdiction for all juveniles who are charged with committing illegal acts prior to turning 18, regardless of whether the actual trial occurs after their 18th birthday.
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Bill to End Juvenile Life Without Parole, California, S.B. 999
Tags: California | Life Without Parole and Parole Issues | Legislation
Bill to eliminate life without parole sentencing for offenders under age 18 that was passed by the California Senate's Public Safety Committee.
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Florida Establishes Council on the Social Status of Black Men and Boys, Florida, H.B. 21
Tags: Florida | Racial and Ethnic Disparities | Legislation
Establishes a systematic study of conditions affecting black men and boys, including analyses on arrest and incarceration rates.
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Illinois Renews Redeploy Illinois, Illinois, 730 ILCS 110/16.1, S.B. 1145
Tags: Illinois | Fiscal Issues and Funding | Legislation
The "Redeploy Illinois" Program gives financial support to counties so that they can provide comprehensive services to delinquent youth in their home counties.
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Montana Eliminates Certain Restrictions on Parole Eligibility for Juveniles, Montana, MCA 46-18-222
Tags: Montana | Life Without Parole and Parole Issues | Legislation
Eliminates statutory restrictions on parole eligibility for juveniles.
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California Requires Prompt Enrollment in Medi-Cal for Youth Leaving Detention, California, S.B. 1469
Tags: California | Detention | Fiscal Issues and Funding | Legislation
Youth exiting detention will be enrolled more quickly in Medi-Cal. The legislation requires detention facilities provide information to welfare departments about juveniles who are scheduled to be released.
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Massachusetts Expands Drug Treatment and Prevention Programs, Massachusetts, H. 5097
Tags: Massachusetts | Prevention | Legislation
Requires the Commissioner of Public Health to allocate funding for comprehensive substance abuse treatment and prevention programs.
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Hawaii Provides Expanded Services for Girls, Hawaii, S.B. 467
Tags: Hawaii | Girls | Legislation
Legislation mandates the Office of Youth Services to develop and implement gender responsive, community-based programs for female adjudicated youths.
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Indiana Coordinates Reentry Services, Indiana, S.B. 84
Tags: Indiana | Aftercare/Reentry | Legislation
Establishes a Juvenile Reentry Court, which will offer a menu of reintegration services that may be required of any juvenile upon release.
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Maryland Improves Prevention and Diversion Programs, Maryland, S.B. 882
Tags: Maryland | Prevention | Legislation
Mandates that the At-Risk Youth Prevention and Diversion Programs provide $12.4 million for at-risk youth.
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Oklahoma Creates Office of Juvenile Affairs, Oklahoma, H.B. 2999
Tags: Oklahoma | General System Reform | Legislation
Creates an Office of Juvenile Affairs to coordinate and oversee programs for juveniles alleged to be delinquent.
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Florida Ends Juvenile Boot Camps, Florida, H.B. 5019
Tags: Florida | Institutional Conditions | Privatization | Legislation
The Florida legislature included provisions within the state budget to close all four juvenile boot camps by July 2007.
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Oklahoma Plans for Individual Rehabilitative Needs, Oklahoma, S.B. 1799
Tags: Oklahoma | Aftercare/Reentry | Institutional Conditions | Legislation
Requires the Office of Juvenile Affairs to establish a rehabilitative plan for each youthful offender.
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Colorado Ends Juvenile Life Without Parole, Colorado, H.B. 06-1315
Tags: Colorado | Life Without Parole and Parole Issues | Legislation
Ends life without parole for juveniles. The law sets the maximum sentence that a youth can receive as 40 years before parole.
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Georgia Limits Felony Prosecutions for Juvenile Sex Offenders, Georgia, H.B. 1059
Tags: Florida | Sex Offender Registries | Youth in the Adult System | Legislation
Reclassifies felony sex offenses as misdemeanors for cases in which the victim is at least 13, and the person convicted of the crime is no more than four years older than the victim.
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Mississippi Improves Access to Appellate Review, Mississippi, H.B. 298
Tags: Mississippi | Juvenile Defense and Court Process | Legislation
Expands the mission of the state Office of Indigent Appeals to include appeals in juvenile cases. As originally created, the Office of Indigent Appeals was limited to adult, non-capital felonies.
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Mississippi Passes Juvenile Delinquency Prevention Act, Mississippi, H.B. 199
Tags: Mississippi | General System Reform | Prevention | Legislation
Provides for a number of system reforms. Some reforms include training requirements for juvenile defenders, the prohibition of detention for status offenses, and transitional planning for youth leaving training schools and detention centers.
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Colorado Aligns with JJDPA Requirements, Colorado, H.B. 06-1112
Tags: Colorado | Detention | Institutional Conditions | Legislation
Amends the state's Juvenile Law to align with requirements of the Juvenile Justice and Delinquency Prevention Act. The law now limits temporary detention to a maximum of six hours and requires separation from adults in prison.
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Kansas Advisory Group to Study Programs to Reduce Bias in System, Kansas, S.B. 47
Tags: Kansas | Racial and Ethnic Disparities | Legislation
Requires Kansas to study the effectiveness of juvenile justice programs in reducing racial, geographic, and other biases that may exist in the system.
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Illinois Creates Department of Juvenile Justice, Illinois, S.B. 92
Tags: Illinois | General System Reform | Legislation
The department has the authority to provide for appropriate rehabilitative and transitional programs. Previously all youth in custody were under the jurisdiction of the Department of Corrections.
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Maryland Creates Protection for Juvenile Competency, Maryland, SB 616
Tags: Maryland | Juvenile Defense and Court Process | Legislation
Sets out standards for how to determine competency and for how to treat the youth in the case s/he is determined to be incompetent.
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Maryland Improves Conditions of Confinement, Maryland, S.B. 502
Tags: Maryland | Institutional Conditions | Legislation
Requires private residential facilities serving youth to have an educational program that is subject to approval by the Maryland State Department of Education.
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Illinois Limits Automatic Transfer, Illinois, S.B. 283
Tags: Illinois | Youth in the Adult System | Legislation
Eliminates "automatic transfer" provisions that sent juveniles charged with drug offenses to adult court and instead requires individualized review of the transfer decision.
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Illinois Improves Indigent Defense, Illinois, S.B. 1953
Tags: Illinois | Juvenile Defense and Court Process | Legislation
States that youth in delinquency proceedings may not waive their right to counsel.
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Washington Ends Mandatory Minimums for Juveniles, Washington, H.B. 1187
Tags: Washington | Youth in the Adult System | Legislation
Eliminates mandatory minimum sentences for youthful offenders tried as adults.
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Delaware Limits Automatic Transfer, Delaware, S.B. 200
Tags: Delaware | Youth in the Adult System | Legislation
Limits the conditions under which youth can be automatically transferred to adult court. It also limits the situations in which youth being charged with Robbery One can be automatically transferred to Superior Court.
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Connecticut Increases Protections for Status Offenders, Connecticut, H.B. 6978
Tags: Connecticut | Detention | Status Offenses | Legislation
Changes Connecticut's Families With Service Needs Act so that youth who commit status offenses and who violate their court orders can no longer be adjudicated as a delinquent or held in a detention center.
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Connecticut Increases Protections for Low-Level Teen Offenders in Criminal Court, Connecticut, H.B. 5215
Tags: Connecticut | Youth in the Adult System | Legislation
Gives a presumptive Youth Offender status for 16- and 17-year-olds who commit lower-level offenses.
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Colorado Protects Juvenile Competency, Colorado, H.B. 05-1034
Tags: Colorado | Juvenile Defense and Court Process | Legislation
Makes it illegal for youth determined to be incompetent to stand trial or be sentenced. If competency cannot be restored, services must be supplied to the youth.
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Wyoming Creates Improved Assessment and Services for Youth, Wyoming, S.B. 39
Tags: Wyoming | Risk Assessment and Screening | Legislation
Requires that a pre-dispositional study be completed by a multi-disciplinary team for a youth alleged delinquent. This study must include information about special education needs and appropriate services.
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Vermont Increases Restrictions on Removing Youth from Their Homes, Vermont, H.B. 515
Tags: Vermont | Deinstitutionalization | Detention | Legislation
Requires the court after a detention hearing make written findings on whether reasonable efforts were made to prevent the child from being removed from his/her home.
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Montana Allows Detained Youth to Maintain Cultural and Religious Heritage, Montana, H.B. 696
Tags: Montana | Institutional Conditions | Legislation
Requires that whenever a youth is removed from the home, the youth is entitled to maintain their ethnic, cultural or religious practices.
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Montana Improves Indigent Defense, Montana, S.B. 146
Tags: Montana | Juvenile Defense and Court Process | Legislation
Provides for a statewide public defender system and requires the appointment of counsel for any youth charged with delinquency, regardless of the youth's financial situation.
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Montana Improves Privacy Protections, Montana, S.B. 426
Tags: Montana | Confidentiality | Legislation
Requires that certain records emerging from the youth court (mental health, medical records, schooling) be sealed on the youth's 18th birthday.
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Georgia Shortens Maximum Stay in Short-Term Detention, S.B. 134
Tags: Georgia | Detention | Status Offenses | Legislation
2005 law shortens the maximum Short-Term Program (STP) stay from 90 to 60 days, and additionally narrows the offenses for which youth can be placed in the program, limiting it to youth convicted of felonies and "high and aggravated" misdemeanors. STP is a dispositional option that results in a short-term detention placement for youth.
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Mississippi Improves Monitoring and Conditions in Training Schools, Mississippi, S.B. 2366
Tags: Mississippi | Institutional Conditions | Legislation
Improves monitoring of conditions at training schools and requires individualized care for youth with serious emotional disorders.
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Mississippi Engages in Widespread Reforms of Juvenile Justice System, Mississippi, Juvenile Justice Reform Act, S.B. 2894
Tags: Mississippi | General System Reform | Legislation
Creates a broad range of improvements in the system including improved institutional conditions, improved treatment of status offenders, and support for community-based alternatives.
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Virginia Creates Restrictions on Juvenile Defense Waiver, Virginia, Ch. 427, H.B. 2670
Tags: Virginia | Juvenile Defense and Court Process | Youth in the Adult System | Legislation
Requires that juveniles charged with felonies can only waive counsel if they consult with an attorney, and the court determines that the waiver is voluntary and in writing, that the child and parent consent, and that it is consistent with the interests of the child.
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Virginia Creates Transition Plan for Incarcerated Juveniles, Virginia, H2245
Tags: Virginia | Aftercare/Reentry | Mental Health and Substance Abuse | Legislation
Requires the Board of Juvenile Justice to consult with the Board of Mental Health, Mental Retardation and Substance Abuse Services to create regulations for the planning of mental health, substance abuse and other treatment services for youth returning from corrections or detention.
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Idaho Improves Mental Health Assessments, Idaho, S.B. 1165
Tags: Idaho | Mental Health and Substance Abuse | Risk Assessment and Screening | Legislation
Allows juvenile court judges to order a mental health assessment of a juvenile at any stage in the juvenile court proceedings.
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New York Combats Discrimination and Harassment of Youth, New York, A. 6502
Tags: New York | Racial and Ethnic Disparities | Institutional Conditions | LGBTQ Youth | Legislation
Prohibits discrimination and harassment against youth by employees in a facility; directs the Office of Child and Family Services to create policies and guidelines to be used in facility training curricula to create an environment free from harassment and discrimination; outlines the responsibilities of the Commissioner to develop model anti-discrimination policies and to create a procedure for reporting incidents of discrimination and harassment; and, provides for the protection of people who report discrimination or harassment.
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South Dakota Improves Mental Health Treatment, South Dakota, S.B. 178
Tags: South Dakota | Mental Health and Substance Abuse | Legislation
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Michigan Proposes Amendments to Juvenile Life Without Parole, Michigan, H.B. 5512
Tags: Michigan | Life Without Parole and Parole Issues | Legislation
Legislation which would amend life without parole sentences for youth sentenced prior to their 17th birthday to allow for the possibility of parole after 10 years. The bill did not pass.
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Virginia Improves Juvenile Defense, Virginia, H.B. 600
Tags: Virginia | Juvenile Defense and Court Process | Legislation
Requires that youth receive counsel prior to initial detention hearing. It also makes it more difficult for youth to waive counsel by requiring that youth who face charges that could place them in a juvenile correctional center first consult with an attorney.
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Juvenile Justice and Delinquency Prevention Act of 2002, as amended, Pub. L. No. 93-415 (1974)
Tags: Federal | General System Reform | Legislation
The Juvenile Justice Delinquency Prevention Act (JJDPA), first authorized in 1974 and last authorized in 2002, provides states with concrete guidance on how to treat youth who come into conflict with the law. It outlines four core state mandates and creates federal funding streams to assist states in achieving compliance with the Act. The JJDPA was due for reauthorization in 2007.
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Louisiana Law Helps Ensure Education of Youth in Juvenile Justice System
Tags: Louisiana | Institutional Conditions | School-to-Prison Pipeline | Correctional Education | Legislation
Louisiana now allows students who are expelled from school for offenses involving weapons or controlled substances to attend alternative education programs. Such students were previously excluded from these programs. Law also now requires the State Board of Elementary and Secondary Education to establish provisions for agreements between school authorities and education service providers that ensure the education of students who are adjudicated delinquent, adjudicated in need of service, placed in a juvenile facility, assigned to a community based-program, or suspended or expelled for weapons or controlled dangerous substance offenses. These rules and regulations must provide for academic, behavioral, and mental health interventions that focus on positive reinforcement, mentoring, experiential learning, employability, and success in the community. H.B. 1209/Act No. 831, signed into law and effective June 14, 2012.
