Amends TCA Title 37, Chapter 1.

Present law regarding the transfer of a child from juvenile court provides the following:<br /> <br /> (1) After a petition has been filed alleging delinquency based on conduct that is designated a crime or public offense under the laws, including local ordinances, of this state, the court, before hearing the 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 competent jurisdiction, if certain age, notice, and probable cause requirements are met; and<br /> <br /> (2) If the case is not transferred, then the judge who conducted the hearing cannot preside at the hearing on the petition if an interested party objects. If the case is transferred to a court of which the judge who conducted the hearing is also the judge, then the judge is likewise disqualified from presiding in the prosecution.<br /> <br /> This bill adds to present law that, if a juvenile court judge in Davidson or Shelby county determines that the criteria for transfer under (1) have been met after a transfer hearing, then the court may choose to proceed with the case as an extended juvenile court jurisdiction case. This will allow the youth to remain under the jurisdiction of the juvenile court until the age of 24, if the judge finds that the youth is amenable to treatment and rehabilitation but, based on the age of the offender, the nature of the offense, past delinquent acts of the youth, and other relevant factors, additional treatment and rehabilitation may be necessary beyond the department of children's services commitment period.<br /> <br /> If the judge determines the youth should be subject to an extended juvenile court jurisdiction sentence, then the case must proceed in the following manner:<br /> <br /> (1) A hearing on the juvenile petition must be held in juvenile court before a juvenile magistrate,<br /> <br /> (2) If the youth is not adjudicated delinquent on any of the charges, then the case must be dismissed and expunged; and<br /> <br /> (3) If the youth is adjudicated delinquent of one or more act, but none of those acts would be a felony offense if committed by an adult, then the magistrate must dispose of the case as a regular juvenile court jurisdiction case; and<br /> <br /> (4) If the youth is adjudicated delinquent of one or more acts that would be a felony offense if committed by an adult, then the following applies:<br /> <br /> (A) The case must be set for a hearing before the juvenile court judge for imposition of an extended juvenile court jurisdiction sentence. The extended juvenile court jurisdiction sentence is prohibited from extending beyond the youth's 24th birthday;<br /> <br /> (B) The court must commit the youth to the custody of the department of children's services for a determinate period of time until the youth's 19th birthday. In addition to committing the youth to the custody of the department of children's services until the youth's 19th birthday, the court must determine the length of the extended juvenile court jurisdiction sentence to be served in an adult correctional facility that is not operated by the department of correction;<br /> <br /> (C) The court is required to stay the extended juvenile court jurisdiction sentence pending a hearing to occur when the youth is eligible to be released from the secure custody of the department of children's services; and<br /> <br /> (D) Prior to releasing the youth from custody, the department of children's services must petition the court for review of the youth's treatment and rehabilitation progress while in the department's custody. At the hearing, the court must determine whether the youth has been sufficiently rehabilitated and whether the youth can safely return to the community. If the youth has been sufficiently rehabilitated, then the youth must be released from the department's custody without further conditions. If the youth has not been sufficiently rehabilitated, then the court must lift the stay of the extended juvenile court jurisdiction sentence and order the young adult to be committed to the custody of an adult correctional facility that is not operated by the department of correction to serve the remainder of the extended juvenile court jurisdiction sentence. This bill authorizes the court to enter any appropriate orders requiring the young adult to participate in programs or receive any other rehabilitative services while in the adult correctional facility.<br /> <br /> This bill requires the records of an extended juvenile court jurisdiction case to remain confidential and not constitute an adult criminal record.<br /> <br /> COMMITMENT OF DELINQUENT CHILDREN TO THE DEPARTMENT OF CHILDREN'S SERVICES<br /> <br /> Present law provides that an order of the juvenile court committing a delinquent child to the custody of the department of children's services must be for an indefinite time.<br /> <br /> However, present law authorizes the commitment to be for a determinate period of time but not greater than the sentence for an adult convicted of the same crime, and such commitment not to extend past the offender's 19th birthday, if the juvenile offender:<br /> <br /> (1) Is tried and adjudicated delinquent in juvenile court for the offense of first degree murder, second degree murder, rape, aggravated rape, rape of a child, aggravated rape of a child, aggravated sexual battery, kidnapping, especially aggravated kidnapping, aggravated robbery, especially aggravated robbery, aggravated arson, aggravated burglary, especially aggravated burglary, commission of an act of terrorism, carjacking, or violations of provisions regarding controlled substances;<br /> <br /> (2) Is tried and adjudicated delinquent in juvenile court for an attempt to commit the offenses in (1);<br /> <br /> (3) Has been previously adjudicated delinquent in three felony offenses arising out of separate criminal episodes at least one of which has resulted in institutional commitment to the department of children's services; or<br /> <br /> (4) Is within six months of the child's 18th birthday at the time of the adjudication of the child's delinquency.<br /> <br /> This bill adds that the above provision also applies if a juvenile offender has been sentenced to an extended juvenile court jurisdiction sentence pursuant to this bill.<br />