HB1408112th GA (Historical)Introduced

Amends TCA Title 37.

This bill revises the present law provisions relative to juveniles in custody and on judicial diversion, as discussed below. Under present law, a law enforcement officer who has taken a child into custody for the commission of an offense that would be considered a misdemeanor if committed by an adult may, in that officer's professional discretion, issue a citation in lieu of continued custody of the child. In issuing a citation pursuant to this provision, the officer must: (1) Prepare a written citation, which shall include the name and address of the cited child, the offense charged, and the time and place of appearance; (2) Have the child sign the original and duplicate copy of the citation. The officer must deliver one copy to the child and retain the other; and (3) Release the cited child from custody. This bill adds a requirement for the officer, in the situation described above, to make efforts to contact a parent, legal guardian, or legal custodian of the child to inform the parent, legal guardian, or legal custodian of the citation. Under present law, if a supervising authority finds that a child has violated the terms or conditions of judicial diversion, the supervising authority may file a petition alleging a violation of the terms or conditions of judicial diversion with the court; provided, that the court, in its discretion, may direct the supervising authority that, in some or all circumstances, such a petition should be filed only if the supervising authority makes and documents attempts to address the noncompliant behavior and determines and documents the reasons for which court intervention is needed to address the noncompliance. This bill revises the provision above to instead provide that the supervising authority may file such a petition alleging a violation of the terms or conditions of judicial diversion with the court if the supervising authority documents the reasons for which the court intervention is needed to address noncompliance. Under this bill, the court may direct the supervising authority to make and document attempts to address the noncompliant behavior.

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Overview

This bill revises the present law provisions relative to juveniles in custody and on judicial diversion, as discussed below. Under present law, a law enforcement officer who has taken a child into custody for the commission of an offense that would be considered a misdemeanor if committed by an adult may, in that officer's professional discretion, issue a citation in lieu of continued custody of the child. In issuing a citation pursuant to this provision, the officer must: (1) Prepare a written citation, which shall include the name and address of the cited child, the offense charged, and the time and place of appearance; (2) Have the child sign the original and duplicate copy of the citation. The officer must deliver one copy to the child and retain the other; and (3) Release the cited child from custody. This bill adds a requirement for the officer, in the situation described above, to make efforts to contact a parent, legal guardian, or legal custodian of the child to inform the parent, legal guardian, or legal custodian of the citation. Under present law, if a supervising authority finds that a child has violated the terms or conditions of judicial diversion, the supervising authority may file a petition alleging a violation of the terms or conditions of judicial diversion with the court; provided, that the court, in its discretion, may direct the supervising authority that, in some or all circumstances, such a petition should be filed only if the supervising authority makes and documents attempts to address the noncompliant behavior and determines and documents the reasons for which court intervention is needed to address the noncompliance. This bill revises the provision above to instead provide that the supervising authority may file such a petition alleging a violation of the terms or conditions of judicial diversion with the court if the supervising authority documents the reasons for which the court intervention is needed to address noncompliance. Under this bill, the court may direct the supervising authority to make and document attempts to address the noncompliant behavior.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 22, 2021

Subjects
07501150

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HB1408: Amends TCA Title 37. | LegisGo