HB0696113th GA (Historical)Introduced

Amends TCA Title 37; Title 40 and Title 41.

As described below, this bill establishes a pilot program in Shelby County to create a blended sentencing option to assist the juvenile justice system in balancing the needs of the juvenile offender with the need to control the offender for the benefit of the juveniles and the protection of society.<br /> <br /> COMPETENCY, FITNESS TO PROCEED, AND LACK OF CAPACITY<br /> <br /> Under present law, when a child alleged to be delinquent or unruly is brought before the court, the court may notify a probation officer attached to the court or any such person, persons, or agencies available to the court, or to the department of children's services and it's their duty to do the following: <br /> <br /> (1) Make an investigation of the case or conduct a preliminary inquiry if one has not already been conducted;<br /> <br /> (2) Be present in court to report when the case is heard; <br /> <br /> (3) Furnish such information and assistance as the court requires; and <br /> <br /> (4) Take charge of any child before or after the hearing as may be directed by the court. <br /> <br /> At any time prior to a child being adjudicated unruly or dependent and neglected, or before the disposition of a child who has been adjudicated delinquent, unruly, or dependent and neglected, the court may order that the department make an assessment of the child and report the findings and recommendations to the court. If during the evaluation or assessment, the department determines that there is need for treatment for either the physical or mental well being of the child, consent of parents, guardian, or legal custodian must be obtained. If the child is suspected of needing or is eligible for special education services, then state and federal laws governing evaluation and placement must be followed. A report of the department's recommendations must be made within 15 days, with an extension up to 30 days for good cause. Any order of the court that places the custody of the child with the department empowers the department to select any specific residential or treatment placements or programs for the child according to the determination made by the department. If there is reason to believe that the child is suffering from mental illness or a developmental disability, the court may order the child to be evaluated on an outpatient basis by a mental health agency, developmental center, or a licensed private practitioner designated by the commissioner of mental health and substance abuse services to serve the court. <br /> <br /> This bill adds that the above provisions apply in any juvenile delinquency proceeding in which the juvenile's fitness to proceed is put at issue and in any juvenile delinquency proceedings in which extended juvenile jurisdiction designation has been requested by any party and a party intends to raise lack of capacity as an affirmative defense. <br /> <br /> This bill provides that, for a juvenile under 13 at the time of the alleged offense and who is charged with first degree murder, there is the presumption that:<br /> <br /> (1) The juvenile is unfit to proceed; and <br /> <br /> (2) The juvenile lacked the capacity to possess the necessary mental state required for the offense charged; conform conduct to the requirements of law; and appreciate the criminality of the conduct. <br /> <br /> This bill requires the prosecution to overcome this presumption by a preponderance of the evidence.<br /> <br /> This bill provides that, for a juvenile under 13 who is charged with first degree murder, the court must order an evaluation to be performed in accordance with existing law. Upon this order, all proceedings are suspended and the period of delay until the juvenile is determined fit to proceed constitutes an excluded period under the speedy trial requirements of law. The court must require the prosecuting attorney to provide the examiner with any information relevant to the evaluation. The court may require the attorney for the juvenile to provide any relevant information such as psychiatric records, school records, and medical records. All of the information required must be provided to the examiner within 10 days after the court order for the evaluation. <br /> <br /> This bill requires that in assessing the juvenile's competency, the examiner must do the following: <br /> <br /> (1) Obtain and review all records pertaining to the juvenile;<br /> <br /> (2) Consider the social, developmental, and legal history of the juvenile, as related by the juvenile and a parent or guardian, or any other relevant source;<br /> <br /> (3) Consider the current alleged offense;<br /> <br /> (4) Conduct a competence abilities interview of the juvenile;<br /> <br /> (5) Conduct an age-appropriate mental status exam using test designed for juveniles;<br /> <br /> (6) Conduct an age-appropriate psychological evaluation using test designed for juveniles; and<br /> <br /> (7) Consider any other relevant test or information. <br /> <br /> Evaluations must be filed with the court within 90 days from the date of the order requesting the evaluation. All reports are subject to the confidentiality and disclosure provisions provided by law. <br /> <br /> This bill further requires that the examiner's report include the following: <br /> <br /> (1) Identification of the juvenile and the charges;<br /> <br /> (2) Listing of assessment methods used;<br /> <br /> (3) Description of what the juvenile was told about the purpose of the evaluation;<br /> <br /> (4) Social, clinical, and developmental history and the sources from which the information was obtained;<br /> <br /> (5) Mental status data, including any psychological testing conducted and results;<br /> <br /> (6) Comprehensive intelligence testing;<br /> <br /> (7) Competence data assessing the competence-to-stand-trial abilities;<br /> <br /> (8) Interpretation of the data, including clinical or developmental explanations for any serious deficits in competence abilities;<br /> <br /> (9) An opinion as to the juvenile's fitness to proceed, and in reaching this opinion, the examiner must have considered and made written findings regarding certain abilities as described in this bill; and<br /> <br /> (10) An opinion as to whether at the time the juvenile engaged in the conduct charged, as a result of immaturity or mental disease or defect, the juvenile lacked capacity to possess the necessary mental state required for the offense charged; conform conduct to the requirements of the law; and appreciate the criminality of the conduct. In reaching this opinion, the examiner must consider and make written findings with respect to certain issues as described in this bill regarding the juvenile's abilities and capacities.<br /> <br /> Within 30 days of receipt of the evaluation report, the court must determine if the juvenile is fit to proceed. The parties can stipulate to the findings and conclusions of the evaluation report. If the parties do not stipulate, then a hearing must be conducted and in order for the court to find a juvenile fit to proceed, the prosecution must prove by a preponderance of the evidence that: <br /> <br /> (1) The juvenile understands the charges and potential consequences; <br /> <br /> (2) The juvenile understands the trial process and proceedings against the juvenile; and<br /> <br /> (3) The juvenile has the capacity to effectively participate with and assist the juvenile's attorney in a defense to prosecution. <br /> <br /> Following this hearing, the court must issue written findings as to whether the prosecution has met their burden. If the juvenile is found unfit to proceed, the court must commit the juvenile to the custody of the department of children's services or a residential facility for a period not to exceed nine months. During this period, the facility responsible for the juvenile must report to the court and the parties at least every 30 days on the juvenile's progress. If fitness to proceed is not restored within nine months, the court must determine which services are necessary, including whether to proceed with orders committing or retaining a child within the custody of the department of children's services. If a juvenile is found fit to proceed, the court must then conduct a hearing where the state must prove, by a preponderance of the evidence, that at the time the juvenile engaged in the conduct charged, the juvenile had the capacity to: <br /> <br /> (1) Possess the necessary mental state required for the offense charged;<br /> <br /> (2) Conform conduct to the requirements of the law; and <br /> <br /> (3) Appreciate the criminality of the conduct. <br /> <br /> If the court finds that the state did not meet its burden with regard to the capacity of the charged offense, but the juvenile had the capacity for the lesser included offense, then the court must convert the extended juvenile jurisdiction petition to a delinquency petition. If the court finds the state did not meet the burden for the charged offense or the lesser included offense, then the court must determine which services are necessary. If the court finds that the state has met its burden, then the court must schedule a designation hearing. This finding by the court does not prevent the juvenile from raising the affirmative defense of a lack of capacity at a subsequent adjudication hearing. <br /> <br /> EXTENDED JUVENILE JURISDICTION DESIGNATION HEARING<br /> <br /> This bill authorizes the state to request an extended juvenile jurisdiction designation in a delinquency petition or file a separate motion if the: <br /> <br /> (1) Juvenile, under 13 at the time of the alleged offense, is charged with first-degree murder and the state has overcome presumptions of lack of fitness to proceed and lack of capacity as set forth below; <br /> <br /> (2) Juvenile, under 13 at the time of the alleged offense, is charged with first-degree murder, but, the juvenile must have an evaluation, as described above, and the burden will be upon the juvenile to establish a lack of fitness to proceed and lack of capacity; or <br /> <br /> (3) Juvenile, 14 or older at the time of the alleged offense, is charged with the following:<br /> <br /> (A) Second degree murder; possession of a firearm on school property; aggravated assault; unlawful discharge of a firearm from a vehicle; a criminal gang offense; escape; or a felony, if the juvenile engages in the conduct while possessing or employing a firearm; or<br /> <br /> (B) A felony attempt, solicitation, or conspiracy to commit first degree murder; second degree murder; kidnapping; aggravated kidnapping; especially aggravated kidnapping; especially aggravated burglary; aggravated robbery; especially aggravated robbery; aggravated sexual battery; rape; aggravated rape; rape of a child; aggravated rape of a child; especially aggravated rape; especially aggravated rape of a child; an act of terrorism; or escape.<br /> <br /> The juvenile's attorney is authorized to file a motion to request extended juvenile jurisdiction if the state could have filed pursuant to the above circumstances. <br /> <br /> This bill requires that when a party requests an extended juvenile jurisdiction designation, the court must hold the designation hearing within 30 days of the juvenile is detained and if the juvenile is not detained, no longer than 90 days following the petition or motion requesting such designation. These time limitations are tolled during the pendency of any competency issues. The party requesting the designation has the burden to prove by a preponderance of the evidence that such a designation is warranted. In making its determination, the court must make written findings and consider the following factors: <br /> <br /> (1) The seriousness of the alleged offense and whether the protection of society requires prosecution as an extended juvenile jurisdiction offender;<br /> <br /> (2) Whether the alleged offense was committed in an aggressive, violent, premeditated, or intentional manner;<br /> <br /> (3) Whether the offense was against a person or property with greater weight being given to offenses against persons, especially if personal injury resulted;<br /> <br /> (4) The culpability of the juvenile, including the level of planning and participation in the alleged offense;<br /> <br /> (5) The previous history of the juvenile, including whether the juvenile had been adjudicated delinquent prior to the alleged offense, and, if so, whether the offenses were against persons or property and any other previous history of antisocial behavior patterns of physical violence;<br /> <br /> (6) The sophistication and maturity of the juvenile, as determined by consideration of the juvenile's home, environment, emotional attitude, pattern of living, or desire to be treated as an adult; <br /> <br /> (7) Whether there are facilities or programs available to the court that are likely to rehabilitate the juvenile prior to the expiration of the court's jurisdiction;<br /> <br /> (8) Whether the juvenile acted alone or was part of a group in the commission of the alleged offense;<br /> <br /> (9) Written reports and other materials relating to the juvenile's mental, physical, educational, and social history; and <br /> <br /> (10) Any other factors deemed relevant by the court. <br /> <br /> Upon finding that the juvenile must be treated as an extended juvenile jurisdiction offender, the court must enter its written findings and inform the juvenile's right to a jury trial and set a date for the adjudication. If instead, the court denies the request for extended jurisdiction, then the court will enter its written findings and proceed with the case a delinquency proceeding. The designation order is a final appealable order and is subject to an interlocutory appeal. <br /> <br /> RIGHT TO COUNSEL<br /> <br /> This bill requires that an extended juvenile jurisdiction offender has a right to counsel at every stage of the proceedings, including all review. The right to counsel cannot be waived. <br /> <br /> EXTENDED JUVENILE JURISDICTION ADJUDICATION<br /> <br /> This bill requires that an extended juvenile jurisdiction offender and the state have the right to a jury trial at the adjudication hearing. The right to a jury trial may be waived by the juvenile only after the juvenile has been advised of their rights and after consultation with their attorney. The waiver must be in writing and signed by the juvenile, the juvenile's attorney, and the juvenile's parent or guardian. The court must also inquire on the record to ensure that the waive was made in a knowing, intelligent, and voluntary manner. <br /> <br /> Provisions of present law relative to criminal procedure and the Tennessee Rules of Criminal Procedure that are not in conflict with this bill and that regulate criminal jury trials in circuit or criminal courts apply to jury trials for the juvenile subject to the extended jurisdiction. The state bears the burden to prove the charges beyond a reasonable doubt. <br /> <br /> EXTENDED JUVENILE JURISDICTION DISPOSITION HEARING<br /> <br /> Under present law, if a child is found to be delinquent, the court can make any of the following orders of disposition best suited to the child's treatment, rehabilitation, and welfare:<br /> <br /> (1) Subject to conditions and limitations as the court prescribes, transfer temporary legal custody or grant permanent guardianship in accordance with law to any relative or other individual with a relationship with the child who is found by the court to be qualified to receive and care for the child, if the court finds that such a transfer or grant is in the best interest of the child;<br /> <br /> (2) Place the child on probation under the supervision of the probation officer of the court or the department of children services, any person, or persons, or agencies designated by the court, or the court of another state, under conditions and limitations prescribed by the court in consultation with the supervising authority and consistent with a validated risk and needs assessment. A child may be placed on probation for a maximum of six months. Before expiration of the first six months, and after notice and a hearing, the court may extend probation for additional periods not to exceed six months each, but only if the court finds and issues a written order that states it is in the best interest of the child that a condition or conditions of probation remain in effect and specifies the condition or conditions that will remain in effect and what continued effectiveness is in the best interest of the child; <br /> <br /> (3) Place the child in an institution, camp, or other facility for delinquent children;<br /> <br /> (4) Subject to certain restrictions, commit the child to the department of children's services, which commitment must not extend past the child's 19th birthday;<br /> <br /> (5) Committing the child to the custody of the county department of children's services for those counties having such a department, if the child is eligible under specified provisions;<br /> <br /> (6) Ordering the child to perform community service work with such work being in compliance with federal and state child labor laws; and <br /> <br /> (7) In lieu of committing a child to the custody of the department of children services, the court may assign a long-term mentor to the child, or require that the delinquent child or any of the child's family members receive counseling services provided through or approved by the juvenile court.<br /> <br /> This bill requires that if the juvenile is adjudicated delinquent for an offense that would not have subjected the juvenile to extended juvenile jurisdiction, then the court must enter any of the dispositions available under current law.<br /> <br /> If the juvenile is adjudicated delinquent as an extended juvenile jurisdiction offender, the court must enter the dispositions authorized under (1)-(7) above and suspend the imposition of an adult sentence pending court review. <br /> <br /> EXTENDED JUVENILE JURISDICTION COURT REVIEW HEARING<br /> <br /> This bill authorizes the state to petition the criminal court at any time to impose an adult sentence on an extended juvenile jurisdiction offender, if the juvenile: <br /> <br /> (1) Has violated a juvenile disposition order;<br /> <br /> (2) Has been adjudicated delinquent or found guilty of committing a new offense; or<br /> <br /> (3) Is not amenable to rehabilitation in the juvenile system.<br /> <br /> If the court finds by a preponderance of the evidence that the juvenile has violated a juvenile disposition order, has been found delinquent or guilty of committing a new offense, or is not amenable to rehabilitation in the juvenile system, then the court can: <br /> <br /> (1) Amend or add any juvenile disposition authorized by law; or<br /> <br /> (2) Exercise its discretion to impose the full range of adult sentencing available in criminal court, including probation, suspended imposition of sentence, and imprisonment, except for the following restrictions:<br /> <br /> (A) A sentence of imprisonment must not exceed 40 years, except for juveniles adjudicated for first degree murder, who may be sentences for any term, up to and including life;<br /> <br /> (B) Statutory provisions prohibiting or limiting probation or suspended imposition of sentence or parole for offenses when committed by an adult does not apply to juvenile sentences as extended juvenile jurisdiction offenders; <br /> <br /> (C) A juvenile must receive credit for time served in a juvenile detention facility or any juvenile facility; and <br /> <br /> (D) A court may not order an absolute release of an extended juvenile offender who has been adjudicated for first degree murder and, if release is ordered, then the court must impose a period of probation of not less than three years. <br /> <br /> This bill authorizes a juvenile to petition the court to review and modify the disposition at any time. If the juvenile's petition is denied, then the juvenile must wait one year from the date of denial to file a new petition for modification. The department of children's services is also authorized to petition the court to review and modify the disposition at any time. If the department's petition is denied, they must also wait one year from the date of the denial to file a new petition, unless, the department has clear and convincing new evidence that the juvenile has been rehabilitated. If the state or the juvenile files a petition to modify the court's disposition before six months prior to the juvenile's 18th birthday, then the filing party bears the burden of proof. <br /> <br /> This bill requires that if no hearing has been conducted six months before the juvenile's 18th birthday, or no later than six months before the juvenile's 21st birthday if the juvenile is 16 or 17 at the time that the juvenile was adjudicated as an extended juvenile jurisdiction offender, then the court must conduct a hearing to determine whether to release the juvenile, amend or add any juvenile disposition, or impose an adult sentence. In making this determination, the court must consider the following: <br /> <br /> (1) The experience and character of the juvenile before and after the juvenile disposition, including compliance with the court's order; <br /> <br /> (2) The nature of the offense and the manner in which the offense were committed;<br /> <br /> (3) The recommendations of the professionals who have worked with the juvenile; <br /> <br /> (4) The protection of public safety; <br /> <br /> (5) Opportunities provided to the juvenile for rehabilitation and the juvenile's efforts toward rehabilitation; and <br /> <br /> (6) Victim impact evidence admitted pursuant to the Victim Impact Statement Act. <br /> <br /> If the state seeks to impose an adult sentence, then the state must prove by a preponderance of the evidence that the imposition of an adult sentence is appropriate and that public safety requires imposition. Following the hearing, the court may release the juvenile, amend or add any juvenile disposition, or exercise its discretion to impose the full range of sentencing available in criminal court. <br /> <br /> This bill prohibits a juvenile committed to the department of children's services under extended juvenile jurisdiction from remaining in the physical custody of the department beyond the juvenile's 21st birthday, even if the court has failed to provide a hearing before the release. If a court order imposing an adult sentence or granting the absolute release of the juvenile is not entered by the juvenile's 21st birthday, then the department must release the juvenile from custody on the juvenile's 21st birthday.<br /> <br /> COMMITMENT AND THE DEPARTMENT OF CHILDREN SERVICES<br /> <br /> This bill gives the court the sole release authority for juveniles in extended juvenile jurisdiction proceedings. In every case in which an order of commitment has been entered pursuant to an adjudication of delinquency, the facility to which the juvenile is committed must, within 30 days of the juvenile's commitment, prepare and file with the court a treatment plan that states the treatment plan for the juvenile and the anticipated length of commitment of the juvenile. <br /> <br /> This bill authorizes the department to petition the court for release upon the determination that the juvenile has been rehabilitated. The court must conduct a hearing and consider the same factors for a hearing for release, as discussed above. The court must release the juvenile upon a finding by a preponderance of the evidence that the juvenile's release does not pose a substantial threat to public safety. <br /> <br /> PLACEMENT WITH THE DEPARTMENT OF CORRECTIONS<br /> <br /> Under present law, after a petition has been filed alleging delinquency based on conduct that is designated a crime or public offense under the laws of this state, the court, before hearing a petition on the merits, may transfer the child to the sheriff of the county to be held according to law and to be dealt with as an adult in the criminal court of the competent jurisdiction. The disposition of the child must be as if the child were an adult if: <br /> <br /> (1) The child was (i) less than 14 at the time of the alleged conduct and charged with first degree murder, second degree murder, or attempted first or second degree murder; (ii) 14 or more, but less than 17, at the time of the alleged conduct and charged with the offense of first degree murder, second degree murder, rape, aggravated rape, rape of a child, aggravated rape of a child, aggravated robbery, especially aggravated robbery, aggravated burglary, especially aggravated burglary, kidnapping, aggravated kidnapping, especially aggravated kidnapping, commission of an act of terrorism, carjacking, or an attempt to commit any such offenses; (iii) 16 or more at the time of the alleged conduct and charged with the offense of robbery or attempt to commit robbery; or (iv) 17 or more at the time of the alleged conduct. The district attorney general must not seek, nor must any child transferred under these provisions, receive a sentence of death for the offense for which the child was transferred; <br /> <br /> (2) A hearing on whether the transfer should be made, held in conformity with law requiring the child to have representation, requiring the hearing to be conducted by the court without a jury, and requiring the basic rights of the child to be upheld; including the opportunity to introduce evidence and be heard, the right against self-incrimination, and the right against illegally seized evidence being used against the juvenile;<br /> <br /> (3) Reasonable notice in writing of the time, place, and purpose of the hearing is given to the child and the child's parent or guardian at least 14 days before the hearing; and <br /> <br /> (4) The court finds that there is probable cause to believe the child committed the delinquent act as alleged; the child is not committable to an institution for the developmentally disabled or mentally ill; and the interests of the community require that the child be put under legal restraint or discipline. <br /> <br /> Any person who is so transferred and who was 16 or older at the time of the offense and is subsequently convicted and committed must be housed in a juvenile correctional facility unless the committing court orders commitment to an adult facility. Any person so committed to an adult facility must be housed separate and removed from adult inmates. In exercising the commissioner's discretion to determine the institutional location of any such person, the commissioner of correction must take into consideration the proximity of the institution to the person's home. However, during any period while such person is confined separately from adult inmates within such regional facility, such person must otherwise abide by the same regulations and policies governing conditions of imprisonment that apply to adult inmates who are confined for similar offenses. Similar regulations and policies governing educational opportunities for adults must be implemented for a child so detained, but such regulations and policies must in no way affect or alter the manner in which a local education agency is required to provide educational services to a child under the federal Individuals with Disabilities Education Act. <br /> <br /> This bill provides that a juvenile who has received an adult sentence in the department of correction must not be transported to the department until the juvenile is 16. If a juvenile has received a sentence to the department of correction before their 16th birthday, then the juvenile must be housed at the department of children services until that date, except as provided by a court order or parole decision made by the board of parole. Generally, a juvenile who is less than 16, who is sentenced in a criminal court, must be committed to the custody of the department of children's services until the juvenile's 18th birthday; provided, that a juvenile may be transferred to the department of corrections upon their 16th birthday if done pursuant to the existing law.<br /> <br /> This bill establishes that juveniles sentenced to the department of correction pursuant to extended juvenile jurisdiction are subject to parole as any other inmate within the department, including those juveniles adjudicated for first degree murder. <br /> <br /> FILING AND TRANSFER OF JUVENILES TO CRIMINAL COURT<br /> <br /> This bill authorizes the state to proceed with a case as a delinquency under this bill only when the case involves a juvenile who is 15 or younger at the time when the alleged delinquent act occurred, except as otherwise provided; or less than 18 when the juvenile engages in conduct that, if committed by an adult, would be a misdemeanor.<br /> <br /> The state is authorized to file a petition in the juvenile court to transfer a case to the criminal court or to designate a juvenile as an extended juvenile jurisdiction offender when a case involves a juvenile: <br /> <br /> (1) 14 or 15 when the juvenile engages in conduct that, if committed by an adult, would be an offense as described in (3) in the Extended Juvenile Jurisdiction Designation Hearing section of this summary;<br /> <br /> (2) At least 14 when the juvenile commits a violation of illegal possession of a handgun, and has previously been adjudicated delinquent for an offense that would be a felony if committed by an adult; or a violation of illegal possession of a handgun; or<br /> <br /> (3) At least 14 when the juvenile engages in conduct that, if committed by an adult, constitutes a felony and who has, within the preceding two years, been adjudicated three times as a delinquent juvenile for acts that would have constituted felonies if they had been committed by an adult. <br /> <br /> A prosecuting attorney is authorized to charge a juvenile in either the juvenile court or criminal court when the case involves a juvenile after a hearing is conducted in conformity with existing law: <br /> <br /> (1) At least 16 when the juvenile engages in conduct that, if committed by an adult, would be any felony; or<br /> <br /> (2) 14 of 15 when the juvenile engages in conduct, that if committed by an adult, would be first degree murder; kidnapping; aggravated kidnapping; especially aggravated kidnapping; especially aggravated burglary; aggravated robbery; especially aggravated robbery; aggravated sexual battery; rape; aggravated rape; rape of a child; aggravated rape of a child; especially aggravated rape; especially aggravated rape of a child; or an act of terrorism.<br /> <br /> This bill authorizes the state to file other charges that arise out of the same course of conduct in the same case, if a prosecuting attorney files charges in a criminal court for an act allegedly committed by a juvenile, if, after a hearing before the juvenile court, a transfer is so ordered. <br /> <br /> This bill requires that upon the motion of the court or any party, the criminal court judge in which a delinquency petition or criminal charges have been filed must conduct a transfer hearing to determine whether to transfer the case to another court. The court must conduct a transfer hearing within 30 days if the juvenile is detained, and no longer than 90 days from the date the motion to transfer is made. The court must consider the same 10 factors used in the determination for extended juvenile jurisdiction designation. The court is authorized to conduct a transfer hearing and an extended juvenile jurisdiction hearing at the same time. Any party can appeal from a transfer order. <br /> <br /> This bill requires that if a case is transferred to another court, then any bail or appearance bond given for the appearance of the juvenile must remain in effect in the court to which the case is transferred. It further requires that if a juvenile 14 or 15 years old is found guilty in criminal court for an offense other than the offenses listed above, then the judge must enter a juvenile delinquency disposition in accordance with law. <br /> <br /> CONFIDENTIALITY OF MATERIALS RELATIVE TO ASSESSMENT REPORTS<br /> <br /> Under present law, all reports and materials compiled by a juvenile court in Davidson County in connection with an assessment report must be confidential, must not be public record, and must not be disclosed except as specifically authorized by law. However, this section may be adopted by a juvenile court of any county. This bill applies the same standard to reports and materials of a juvenile court in Shelby County that is subject to the provisions of the Extended Juvenile Jurisdiction Act. <br />

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Overview

As described below, this bill establishes a pilot program in Shelby County to create a blended sentencing option to assist the juvenile justice system in balancing the needs of the juvenile offender with the need to control the offender for the benefit of the juveniles and the protection of society.<br /> <br /> COMPETENCY, FITNESS TO PROCEED, AND LACK OF CAPACITY<br /> <br /> Under present law, when a child alleged to be delinquent or unruly is brought before the court, the court may notify a probation officer attached to the court or any such person, persons, or agencies available to the court, or to the department of children's services and it's their duty to do the following: <br /> <br /> (1) Make an investigation of the case or conduct a preliminary inquiry if one has not already been conducted;<br /> <br /> (2) Be present in court to report when the case is heard; <br /> <br /> (3) Furnish such information and assistance as the court requires; and <br /> <br /> (4) Take charge of any child before or after the hearing as may be directed by the court. <br /> <br /> At any time prior to a child being adjudicated unruly or dependent and neglected, or before the disposition of a child who has been adjudicated delinquent, unruly, or dependent and neglected, the court may order that the department make an assessment of the child and report the findings and recommendations to the court. If during the evaluation or assessment, the department determines that there is need for treatment for either the physical or mental well being of the child, consent of parents, guardian, or legal custodian must be obtained. If the child is suspected of needing or is eligible for special education services, then state and federal laws governing evaluation and placement must be followed. A report of the department's recommendations must be made within 15 days, with an extension up to 30 days for good cause. Any order of the court that places the custody of the child with the department empowers the department to select any specific residential or treatment placements or programs for the child according to the determination made by the department. If there is reason to believe that the child is suffering from mental illness or a developmental disability, the court may order the child to be evaluated on an outpatient basis by a mental health agency, developmental center, or a licensed private practitioner designated by the commissioner of mental health and substance abuse services to serve the court. <br /> <br /> This bill adds that the above provisions apply in any juvenile delinquency proceeding in which the juvenile's fitness to proceed is put at issue and in any juvenile delinquency proceedings in which extended juvenile jurisdiction designation has been requested by any party and a party intends to raise lack of capacity as an affirmative defense. <br /> <br /> This bill provides that, for a juvenile under 13 at the time of the alleged offense and who is charged with first degree murder, there is the presumption that:<br /> <br /> (1) The juvenile is unfit to proceed; and <br /> <br /> (2) The juvenile lacked the capacity to possess the necessary mental state required for the offense charged; conform conduct to the requirements of law; and appreciate the criminality of the conduct. <br /> <br /> This bill requires the prosecution to overcome this presumption by a preponderance of the evidence.<br /> <br /> This bill provides that, for a juvenile under 13 who is charged with first degree murder, the court must order an evaluation to be performed in accordance with existing law. Upon this order, all proceedings are suspended and the period of delay until the juvenile is determined fit to proceed constitutes an excluded period under the speedy trial requirements of law. The court must require the prosecuting attorney to provide the examiner with any information relevant to the evaluation. The court may require the attorney for the juvenile to provide any relevant information such as psychiatric records, school records, and medical records. All of the information required must be provided to the examiner within 10 days after the court order for the evaluation. <br /> <br /> This bill requires that in assessing the juvenile's competency, the examiner must do the following: <br /> <br /> (1) Obtain and review all records pertaining to the juvenile;<br /> <br /> (2) Consider the social, developmental, and legal history of the juvenile, as related by the juvenile and a parent or guardian, or any other relevant source;<br /> <br /> (3) Consider the current alleged offense;<br /> <br /> (4) Conduct a competence abilities interview of the juvenile;<br /> <br /> (5) Conduct an age-appropriate mental status exam using test designed for juveniles;<br /> <br /> (6) Conduct an age-appropriate psychological evaluation using test designed for juveniles; and<br /> <br /> (7) Consider any other relevant test or information. <br /> <br /> Evaluations must be filed with the court within 90 days from the date of the order requesting the evaluation. All reports are subject to the confidentiality and disclosure provisions provided by law. <br /> <br /> This bill further requires that the examiner's report include the following: <br /> <br /> (1) Identification of the juvenile and the charges;<br /> <br /> (2) Listing of assessment methods used;<br /> <br /> (3) Description of what the juvenile was told about the purpose of the evaluation;<br /> <br /> (4) Social, clinical, and developmental history and the sources from which the information was obtained;<br /> <br /> (5) Mental status data, including any psychological testing conducted and results;<br /> <br /> (6) Comprehensive intelligence testing;<br /> <br /> (7) Competence data assessing the competence-to-stand-trial abilities;<br /> <br /> (8) Interpretation of the data, including clinical or developmental explanations for any serious deficits in competence abilities;<br /> <br /> (9) An opinion as to the juvenile's fitness to proceed, and in reaching this opinion, the examiner must have considered and made written findings regarding certain abilities as described in this bill; and<br /> <br /> (10) An opinion as to whether at the time the juvenile engaged in the conduct charged, as a result of immaturity or mental disease or defect, the juvenile lacked capacity to possess the necessary mental state required for the offense charged; conform conduct to the requirements of the law; and appreciate the criminality of the conduct. In reaching this opinion, the examiner must consider and make written findings with respect to certain issues as described in this bill regarding the juvenile's abilities and capacities.<br /> <br /> Within 30 days of receipt of the evaluation report, the court must determine if the juvenile is fit to proceed. The parties can stipulate to the findings and conclusions of the evaluation report. If the parties do not stipulate, then a hearing must be conducted and in order for the court to find a juvenile fit to proceed, the prosecution must prove by a preponderance of the evidence that: <br /> <br /> (1) The juvenile understands the charges and potential consequences; <br /> <br /> (2) The juvenile understands the trial process and proceedings against the juvenile; and<br /> <br /> (3) The juvenile has the capacity to effectively participate with and assist the juvenile's attorney in a defense to prosecution. <br /> <br /> Following this hearing, the court must issue written findings as to whether the prosecution has met their burden. If the juvenile is found unfit to proceed, the court must commit the juvenile to the custody of the department of children's services or a residential facility for a period not to exceed nine months. During this period, the facility responsible for the juvenile must report to the court and the parties at least every 30 days on the juvenile's progress. If fitness to proceed is not restored within nine months, the court must determine which services are necessary, including whether to proceed with orders committing or retaining a child within the custody of the department of children's services. If a juvenile is found fit to proceed, the court must then conduct a hearing where the state must prove, by a preponderance of the evidence, that at the time the juvenile engaged in the conduct charged, the juvenile had the capacity to: <br /> <br /> (1) Possess the necessary mental state required for the offense charged;<br /> <br /> (2) Conform conduct to the requirements of the law; and <br /> <br /> (3) Appreciate the criminality of the conduct. <br /> <br /> If the court finds that the state did not meet its burden with regard to the capacity of the charged offense, but the juvenile had the capacity for the lesser included offense, then the court must convert the extended juvenile jurisdiction petition to a delinquency petition. If the court finds the state did not meet the burden for the charged offense or the lesser included offense, then the court must determine which services are necessary. If the court finds that the state has met its burden, then the court must schedule a designation hearing. This finding by the court does not prevent the juvenile from raising the affirmative defense of a lack of capacity at a subsequent adjudication hearing. <br /> <br /> EXTENDED JUVENILE JURISDICTION DESIGNATION HEARING<br /> <br /> This bill authorizes the state to request an extended juvenile jurisdiction designation in a delinquency petition or file a separate motion if the: <br /> <br /> (1) Juvenile, under 13 at the time of the alleged offense, is charged with first-degree murder and the state has overcome presumptions of lack of fitness to proceed and lack of capacity as set forth below; <br /> <br /> (2) Juvenile, under 13 at the time of the alleged offense, is charged with first-degree murder, but, the juvenile must have an evaluation, as described above, and the burden will be upon the juvenile to establish a lack of fitness to proceed and lack of capacity; or <br /> <br /> (3) Juvenile, 14 or older at the time of the alleged offense, is charged with the following:<br /> <br /> (A) Second degree murder; possession of a firearm on school property; aggravated assault; unlawful discharge of a firearm from a vehicle; a criminal gang offense; escape; or a felony, if the juvenile engages in the conduct while possessing or employing a firearm; or<br /> <br /> (B) A felony attempt, solicitation, or conspiracy to commit first degree murder; second degree murder; kidnapping; aggravated kidnapping; especially aggravated kidnapping; especially aggravated burglary; aggravated robbery; especially aggravated robbery; aggravated sexual battery; rape; aggravated rape; rape of a child; aggravated rape of a child; especially aggravated rape; especially aggravated rape of a child; an act of terrorism; or escape.<br /> <br /> The juvenile's attorney is authorized to file a motion to request extended juvenile jurisdiction if the state could have filed pursuant to the above circumstances. <br /> <br /> This bill requires that when a party requests an extended juvenile jurisdiction designation, the court must hold the designation hearing within 30 days of the juvenile is detained and if the juvenile is not detained, no longer than 90 days following the petition or motion requesting such designation. These time limitations are tolled during the pendency of any competency issues. The party requesting the designation has the burden to prove by a preponderance of the evidence that such a designation is warranted. In making its determination, the court must make written findings and consider the following factors: <br /> <br /> (1) The seriousness of the alleged offense and whether the protection of society requires prosecution as an extended juvenile jurisdiction offender;<br /> <br /> (2) Whether the alleged offense was committed in an aggressive, violent, premeditated, or intentional manner;<br /> <br /> (3) Whether the offense was against a person or property with greater weight being given to offenses against persons, especially if personal injury resulted;<br /> <br /> (4) The culpability of the juvenile, including the level of planning and participation in the alleged offense;<br /> <br /> (5) The previous history of the juvenile, including whether the juvenile had been adjudicated delinquent prior to the alleged offense, and, if so, whether the offenses were against persons or property and any other previous history of antisocial behavior patterns of physical violence;<br /> <br /> (6) The sophistication and maturity of the juvenile, as determined by consideration of the juvenile's home, environment, emotional attitude, pattern of living, or desire to be treated as an adult; <br /> <br /> (7) Whether there are facilities or programs available to the court that are likely to rehabilitate the juvenile prior to the expiration of the court's jurisdiction;<br /> <br /> (8) Whether the juvenile acted alone or was part of a group in the commission of the alleged offense;<br /> <br /> (9) Written reports and other materials relating to the juvenile's mental, physical, educational, and social history; and <br /> <br /> (10) Any other factors deemed relevant by the court. <br /> <br /> Upon finding that the juvenile must be treated as an extended juvenile jurisdiction offender, the court must enter its written findings and inform the juvenile's right to a jury trial and set a date for the adjudication. If instead, the court denies the request for extended jurisdiction, then the court will enter its written findings and proceed with the case a delinquency proceeding. The designation order is a final appealable order and is subject to an interlocutory appeal. <br /> <br /> RIGHT TO COUNSEL<br /> <br /> This bill requires that an extended juvenile jurisdiction offender has a right to counsel at every stage of the proceedings, including all review. The right to counsel cannot be waived. <br /> <br /> EXTENDED JUVENILE JURISDICTION ADJUDICATION<br /> <br /> This bill requires that an extended juvenile jurisdiction offender and the state have the right to a jury trial at the adjudication hearing. The right to a jury trial may be waived by the juvenile only after the juvenile has been advised of their rights and after consultation with their attorney. The waiver must be in writing and signed by the juvenile, the juvenile's attorney, and the juvenile's parent or guardian. The court must also inquire on the record to ensure that the waive was made in a knowing, intelligent, and voluntary manner. <br /> <br /> Provisions of present law relative to criminal procedure and the Tennessee Rules of Criminal Procedure that are not in conflict with this bill and that regulate criminal jury trials in circuit or criminal courts apply to jury trials for the juvenile subject to the extended jurisdiction. The state bears the burden to prove the charges beyond a reasonable doubt. <br /> <br /> EXTENDED JUVENILE JURISDICTION DISPOSITION HEARING<br /> <br /> Under present law, if a child is found to be delinquent, the court can make any of the following orders of disposition best suited to the child's treatment, rehabilitation, and welfare:<br /> <br /> (1) Subject to conditions and limitations as the court prescribes, transfer temporary legal custody or grant permanent guardianship in accordance with law to any relative or other individual with a relationship with the child who is found by the court to be qualified to receive and care for the child, if the court finds that such a transfer or grant is in the best interest of the child;<br /> <br /> (2) Place the child on probation under the supervision of the probation officer of the court or the department of children services, any person, or persons, or agencies designated by the court, or the court of another state, under conditions and limitations prescribed by the court in consultation with the supervising authority and consistent with a validated risk and needs assessment. A child may be placed on probation for a maximum of six months. Before expiration of the first six months, and after notice and a hearing, the court may extend probation for additional periods not to exceed six months each, but only if the court finds and issues a written order that states it is in the best interest of the child that a condition or conditions of probation remain in effect and specifies the condition or conditions that will remain in effect and what continued effectiveness is in the best interest of the child; <br /> <br /> (3) Place the child in an institution, camp, or other facility for delinquent children;<br /> <br /> (4) Subject to certain restrictions, commit the child to the department of children's services, which commitment must not extend past the child's 19th birthday;<br /> <br /> (5) Committing the child to the custody of the county department of children's services for those counties having such a department, if the child is eligible under specified provisions;<br /> <br /> (6) Ordering the child to perform community service work with such work being in compliance with federal and state child labor laws; and <br /> <br /> (7) In lieu of committing a child to the custody of the department of children services, the court may assign a long-term mentor to the child, or require that the delinquent child or any of the child's family members receive counseling services provided through or approved by the juvenile court.<br /> <br /> This bill requires that if the juvenile is adjudicated delinquent for an offense that would not have subjected the juvenile to extended juvenile jurisdiction, then the court must enter any of the dispositions available under current law.<br /> <br /> If the juvenile is adjudicated delinquent as an extended juvenile jurisdiction offender, the court must enter the dispositions authorized under (1)-(7) above and suspend the imposition of an adult sentence pending court review. <br /> <br /> EXTENDED JUVENILE JURISDICTION COURT REVIEW HEARING<br /> <br /> This bill authorizes the state to petition the criminal court at any time to impose an adult sentence on an extended juvenile jurisdiction offender, if the juvenile: <br /> <br /> (1) Has violated a juvenile disposition order;<br /> <br /> (2) Has been adjudicated delinquent or found guilty of committing a new offense; or<br /> <br /> (3) Is not amenable to rehabilitation in the juvenile system.<br /> <br /> If the court finds by a preponderance of the evidence that the juvenile has violated a juvenile disposition order, has been found delinquent or guilty of committing a new offense, or is not amenable to rehabilitation in the juvenile system, then the court can: <br /> <br /> (1) Amend or add any juvenile disposition authorized by law; or<br /> <br /> (2) Exercise its discretion to impose the full range of adult sentencing available in criminal court, including probation, suspended imposition of sentence, and imprisonment, except for the following restrictions:<br /> <br /> (A) A sentence of imprisonment must not exceed 40 years, except for juveniles adjudicated for first degree murder, who may be sentences for any term, up to and including life;<br /> <br /> (B) Statutory provisions prohibiting or limiting probation or suspended imposition of sentence or parole for offenses when committed by an adult does not apply to juvenile sentences as extended juvenile jurisdiction offenders; <br /> <br /> (C) A juvenile must receive credit for time served in a juvenile detention facility or any juvenile facility; and <br /> <br /> (D) A court may not order an absolute release of an extended juvenile offender who has been adjudicated for first degree murder and, if release is ordered, then the court must impose a period of probation of not less than three years. <br /> <br /> This bill authorizes a juvenile to petition the court to review and modify the disposition at any time. If the juvenile's petition is denied, then the juvenile must wait one year from the date of denial to file a new petition for modification. The department of children's services is also authorized to petition the court to review and modify the disposition at any time. If the department's petition is denied, they must also wait one year from the date of the denial to file a new petition, unless, the department has clear and convincing new evidence that the juvenile has been rehabilitated. If the state or the juvenile files a petition to modify the court's disposition before six months prior to the juvenile's 18th birthday, then the filing party bears the burden of proof. <br /> <br /> This bill requires that if no hearing has been conducted six months before the juvenile's 18th birthday, or no later than six months before the juvenile's 21st birthday if the juvenile is 16 or 17 at the time that the juvenile was adjudicated as an extended juvenile jurisdiction offender, then the court must conduct a hearing to determine whether to release the juvenile, amend or add any juvenile disposition, or impose an adult sentence. In making this determination, the court must consider the following: <br /> <br /> (1) The experience and character of the juvenile before and after the juvenile disposition, including compliance with the court's order; <br /> <br /> (2) The nature of the offense and the manner in which the offense were committed;<br /> <br /> (3) The recommendations of the professionals who have worked with the juvenile; <br /> <br /> (4) The protection of public safety; <br /> <br /> (5) Opportunities provided to the juvenile for rehabilitation and the juvenile's efforts toward rehabilitation; and <br /> <br /> (6) Victim impact evidence admitted pursuant to the Victim Impact Statement Act. <br /> <br /> If the state seeks to impose an adult sentence, then the state must prove by a preponderance of the evidence that the imposition of an adult sentence is appropriate and that public safety requires imposition. Following the hearing, the court may release the juvenile, amend or add any juvenile disposition, or exercise its discretion to impose the full range of sentencing available in criminal court. <br /> <br /> This bill prohibits a juvenile committed to the department of children's services under extended juvenile jurisdiction from remaining in the physical custody of the department beyond the juvenile's 21st birthday, even if the court has failed to provide a hearing before the release. If a court order imposing an adult sentence or granting the absolute release of the juvenile is not entered by the juvenile's 21st birthday, then the department must release the juvenile from custody on the juvenile's 21st birthday.<br /> <br /> COMMITMENT AND THE DEPARTMENT OF CHILDREN SERVICES<br /> <br /> This bill gives the court the sole release authority for juveniles in extended juvenile jurisdiction proceedings. In every case in which an order of commitment has been entered pursuant to an adjudication of delinquency, the facility to which the juvenile is committed must, within 30 days of the juvenile's commitment, prepare and file with the court a treatment plan that states the treatment plan for the juvenile and the anticipated length of commitment of the juvenile. <br /> <br /> This bill authorizes the department to petition the court for release upon the determination that the juvenile has been rehabilitated. The court must conduct a hearing and consider the same factors for a hearing for release, as discussed above. The court must release the juvenile upon a finding by a preponderance of the evidence that the juvenile's release does not pose a substantial threat to public safety. <br /> <br /> PLACEMENT WITH THE DEPARTMENT OF CORRECTIONS<br /> <br /> Under present law, after a petition has been filed alleging delinquency based on conduct that is designated a crime or public offense under the laws of this state, the court, before hearing a petition on the merits, may transfer the child to the sheriff of the county to be held according to law and to be dealt with as an adult in the criminal court of the competent jurisdiction. The disposition of the child must be as if the child were an adult if: <br /> <br /> (1) The child was (i) less than 14 at the time of the alleged conduct and charged with first degree murder, second degree murder, or attempted first or second degree murder; (ii) 14 or more, but less than 17, at the time of the alleged conduct and charged with the offense of first degree murder, second degree murder, rape, aggravated rape, rape of a child, aggravated rape of a child, aggravated robbery, especially aggravated robbery, aggravated burglary, especially aggravated burglary, kidnapping, aggravated kidnapping, especially aggravated kidnapping, commission of an act of terrorism, carjacking, or an attempt to commit any such offenses; (iii) 16 or more at the time of the alleged conduct and charged with the offense of robbery or attempt to commit robbery; or (iv) 17 or more at the time of the alleged conduct. The district attorney general must not seek, nor must any child transferred under these provisions, receive a sentence of death for the offense for which the child was transferred; <br /> <br /> (2) A hearing on whether the transfer should be made, held in conformity with law requiring the child to have representation, requiring the hearing to be conducted by the court without a jury, and requiring the basic rights of the child to be upheld; including the opportunity to introduce evidence and be heard, the right against self-incrimination, and the right against illegally seized evidence being used against the juvenile;<br /> <br /> (3) Reasonable notice in writing of the time, place, and purpose of the hearing is given to the child and the child's parent or guardian at least 14 days before the hearing; and <br /> <br /> (4) The court finds that there is probable cause to believe the child committed the delinquent act as alleged; the child is not committable to an institution for the developmentally disabled or mentally ill; and the interests of the community require that the child be put under legal restraint or discipline. <br /> <br /> Any person who is so transferred and who was 16 or older at the time of the offense and is subsequently convicted and committed must be housed in a juvenile correctional facility unless the committing court orders commitment to an adult facility. Any person so committed to an adult facility must be housed separate and removed from adult inmates. In exercising the commissioner's discretion to determine the institutional location of any such person, the commissioner of correction must take into consideration the proximity of the institution to the person's home. However, during any period while such person is confined separately from adult inmates within such regional facility, such person must otherwise abide by the same regulations and policies governing conditions of imprisonment that apply to adult inmates who are confined for similar offenses. Similar regulations and policies governing educational opportunities for adults must be implemented for a child so detained, but such regulations and policies must in no way affect or alter the manner in which a local education agency is required to provide educational services to a child under the federal Individuals with Disabilities Education Act. <br /> <br /> This bill provides that a juvenile who has received an adult sentence in the department of correction must not be transported to the department until the juvenile is 16. If a juvenile has received a sentence to the department of correction before their 16th birthday, then the juvenile must be housed at the department of children services until that date, except as provided by a court order or parole decision made by the board of parole. Generally, a juvenile who is less than 16, who is sentenced in a criminal court, must be committed to the custody of the department of children's services until the juvenile's 18th birthday; provided, that a juvenile may be transferred to the department of corrections upon their 16th birthday if done pursuant to the existing law.<br /> <br /> This bill establishes that juveniles sentenced to the department of correction pursuant to extended juvenile jurisdiction are subject to parole as any other inmate within the department, including those juveniles adjudicated for first degree murder. <br /> <br /> FILING AND TRANSFER OF JUVENILES TO CRIMINAL COURT<br /> <br /> This bill authorizes the state to proceed with a case as a delinquency under this bill only when the case involves a juvenile who is 15 or younger at the time when the alleged delinquent act occurred, except as otherwise provided; or less than 18 when the juvenile engages in conduct that, if committed by an adult, would be a misdemeanor.<br /> <br /> The state is authorized to file a petition in the juvenile court to transfer a case to the criminal court or to designate a juvenile as an extended juvenile jurisdiction offender when a case involves a juvenile: <br /> <br /> (1) 14 or 15 when the juvenile engages in conduct that, if committed by an adult, would be an offense as described in (3) in the Extended Juvenile Jurisdiction Designation Hearing section of this summary;<br /> <br /> (2) At least 14 when the juvenile commits a violation of illegal possession of a handgun, and has previously been adjudicated delinquent for an offense that would be a felony if committed by an adult; or a violation of illegal possession of a handgun; or<br /> <br /> (3) At least 14 when the juvenile engages in conduct that, if committed by an adult, constitutes a felony and who has, within the preceding two years, been adjudicated three times as a delinquent juvenile for acts that would have constituted felonies if they had been committed by an adult. <br /> <br /> A prosecuting attorney is authorized to charge a juvenile in either the juvenile court or criminal court when the case involves a juvenile after a hearing is conducted in conformity with existing law: <br /> <br /> (1) At least 16 when the juvenile engages in conduct that, if committed by an adult, would be any felony; or<br /> <br /> (2) 14 of 15 when the juvenile engages in conduct, that if committed by an adult, would be first degree murder; kidnapping; aggravated kidnapping; especially aggravated kidnapping; especially aggravated burglary; aggravated robbery; especially aggravated robbery; aggravated sexual battery; rape; aggravated rape; rape of a child; aggravated rape of a child; especially aggravated rape; especially aggravated rape of a child; or an act of terrorism.<br /> <br /> This bill authorizes the state to file other charges that arise out of the same course of conduct in the same case, if a prosecuting attorney files charges in a criminal court for an act allegedly committed by a juvenile, if, after a hearing before the juvenile court, a transfer is so ordered. <br /> <br /> This bill requires that upon the motion of the court or any party, the criminal court judge in which a delinquency petition or criminal charges have been filed must conduct a transfer hearing to determine whether to transfer the case to another court. The court must conduct a transfer hearing within 30 days if the juvenile is detained, and no longer than 90 days from the date the motion to transfer is made. The court must consider the same 10 factors used in the determination for extended juvenile jurisdiction designation. The court is authorized to conduct a transfer hearing and an extended juvenile jurisdiction hearing at the same time. Any party can appeal from a transfer order. <br /> <br /> This bill requires that if a case is transferred to another court, then any bail or appearance bond given for the appearance of the juvenile must remain in effect in the court to which the case is transferred. It further requires that if a juvenile 14 or 15 years old is found guilty in criminal court for an offense other than the offenses listed above, then the judge must enter a juvenile delinquency disposition in accordance with law. <br /> <br /> CONFIDENTIALITY OF MATERIALS RELATIVE TO ASSESSMENT REPORTS<br /> <br /> Under present law, all reports and materials compiled by a juvenile court in Davidson County in connection with an assessment report must be confidential, must not be public record, and must not be disclosed except as specifically authorized by law. However, this section may be adopted by a juvenile court of any county. This bill applies the same standard to reports and materials of a juvenile court in Shelby County that is subject to the provisions of the Extended Juvenile Jurisdiction Act. <br />

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Details
Session

113th General Assembly

Introduced

January 26, 2023

Subjects
26054823436511571150

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HB0696: Amends TCA Title 37; Title 40 and Title 41. | LegisGo