SB1047113th GA (Historical)Introduced

Amends TCA Title 37.

REPORTED INFORMATION Under present law, juvenile courts must assign each child alleged to be delinquent or unruly a unique child identification (ID) number, which the court must use with respect to each proceeding involving that child. Each juvenile court, through the juvenile court clerk or juvenile court staff, must, each month, in a format prescribed by the administrative office of the courts, report to the administrative office of the courts the following information: (1) Each new delinquent case or unruly case in which a child is charged; and (2) For each case reported, the following information, as applicable, along with the unique case or docket number: (A) For cases that result in diversion, the date the child was placed on diversion, the type of diversion, the ending date for the diversion, and whether the diversion was successfully completed; (B) The date the child was adjudicated delinquent or found unruly, and on which offenses, or the date the case was dismissed; (C) For cases in which the child was adjudicated delinquent, the date the child's validated risk and needs assessment was completed; (D) The date the case was closed, transferred to another juvenile court, transferred to the criminal court of competent jurisdiction, dismissed, or otherwise disposed of; (E) For cases that result in probation, the date the child was placed on probation, the type of probation, the ending date of the probation, and whether the probation was successfully completed; (F) For cases that result in a court-ordered out-of-home placement, the date of the out-of-home placement, the type of out-of-home placement, and the ending date of the out-of-home placement; (G) Any post-adjudication detention ordered pursuant to law, including the length of detention ordered; and (H) For cases that result in a petition alleging a probation violation, the date the violation petition was filed, whether the violation petition resulted in diversion or adjudication, the date of the diversion or adjudication, the type of diversion or, if there was an adjudication, whether the violation was sustained or dismissed. The department of mental health and substance abuse services must, each month, regarding cases in which a juvenile court refers a child to receive services provided by grantees funded through appropriations to the department under the Juvenile Justice Reform Act of 2018, report to the administrative office of the courts the number of children served; the age, race, sex, and county of residence of the children served; and, in the case of each child, whether the services were successfully completed or terminated due to unsuccessful completion. CONFIDENTIALITY Present law provides that identifying information received by the administrative office of the courts is confidential; must not be published, released, or otherwise disseminated; and must be maintained in accordance with state and federal laws and regulations regarding confidentiality. The administrative office of the courts may make such data available to properly concerned agencies and individuals, or to any person upon request, but any such publication or release of data must be limited to nonidentifying information. The administrative office of the courts must develop guidelines and procedures to expunge identifying information collected on juveniles; provided, that such expunction may occur only after the juvenile reaches the age that is beyond jurisdiction of the juvenile court. REPORT This bill adds that no later than August 1, the administrative office of the courts must provide appropriate access to information collected to the Tennessee commission on children and youth for the commission to prepare a comprehensive report related to the data. The commission is required to submit the report, by no later than October 1 of each year, to the governor and members of the general assembly. The report must comply with the protections against improper dissemination of identifying information. To the extent permissible with the requirement that information received is confidential, the administrative office of the courts is authorized to maintain records collected for the sole purpose of conducting statistical research related to outcomes of justice-involved juveniles, including, but not limited to, juvenile and adult incarceration, juvenile and adult recidivism data, and other appropriate longitudinal data that may be useful to evaluate and improve juvenile justice efforts in the state. Any information maintained must be utilized for statistical research purposes only and is not subject to public disclosure, subpoena, or admissibility in a court of law.

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Overview

REPORTED INFORMATION Under present law, juvenile courts must assign each child alleged to be delinquent or unruly a unique child identification (ID) number, which the court must use with respect to each proceeding involving that child. Each juvenile court, through the juvenile court clerk or juvenile court staff, must, each month, in a format prescribed by the administrative office of the courts, report to the administrative office of the courts the following information: (1) Each new delinquent case or unruly case in which a child is charged; and (2) For each case reported, the following information, as applicable, along with the unique case or docket number: (A) For cases that result in diversion, the date the child was placed on diversion, the type of diversion, the ending date for the diversion, and whether the diversion was successfully completed; (B) The date the child was adjudicated delinquent or found unruly, and on which offenses, or the date the case was dismissed; (C) For cases in which the child was adjudicated delinquent, the date the child's validated risk and needs assessment was completed; (D) The date the case was closed, transferred to another juvenile court, transferred to the criminal court of competent jurisdiction, dismissed, or otherwise disposed of; (E) For cases that result in probation, the date the child was placed on probation, the type of probation, the ending date of the probation, and whether the probation was successfully completed; (F) For cases that result in a court-ordered out-of-home placement, the date of the out-of-home placement, the type of out-of-home placement, and the ending date of the out-of-home placement; (G) Any post-adjudication detention ordered pursuant to law, including the length of detention ordered; and (H) For cases that result in a petition alleging a probation violation, the date the violation petition was filed, whether the violation petition resulted in diversion or adjudication, the date of the diversion or adjudication, the type of diversion or, if there was an adjudication, whether the violation was sustained or dismissed. The department of mental health and substance abuse services must, each month, regarding cases in which a juvenile court refers a child to receive services provided by grantees funded through appropriations to the department under the Juvenile Justice Reform Act of 2018, report to the administrative office of the courts the number of children served; the age, race, sex, and county of residence of the children served; and, in the case of each child, whether the services were successfully completed or terminated due to unsuccessful completion. CONFIDENTIALITY Present law provides that identifying information received by the administrative office of the courts is confidential; must not be published, released, or otherwise disseminated; and must be maintained in accordance with state and federal laws and regulations regarding confidentiality. The administrative office of the courts may make such data available to properly concerned agencies and individuals, or to any person upon request, but any such publication or release of data must be limited to nonidentifying information. The administrative office of the courts must develop guidelines and procedures to expunge identifying information collected on juveniles; provided, that such expunction may occur only after the juvenile reaches the age that is beyond jurisdiction of the juvenile court. REPORT This bill adds that no later than August 1, the administrative office of the courts must provide appropriate access to information collected to the Tennessee commission on children and youth for the commission to prepare a comprehensive report related to the data. The commission is required to submit the report, by no later than October 1 of each year, to the governor and members of the general assembly. The report must comply with the protections against improper dissemination of identifying information. To the extent permissible with the requirement that information received is confidential, the administrative office of the courts is authorized to maintain records collected for the sole purpose of conducting statistical research related to outcomes of justice-involved juveniles, including, but not limited to, juvenile and adult incarceration, juvenile and adult recidivism data, and other appropriate longitudinal data that may be useful to evaluate and improve juvenile justice efforts in the state. Any information maintained must be utilized for statistical research purposes only and is not subject to public disclosure, subpoena, or admissibility in a court of law.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 31, 2023

Subjects
1108260507630760

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SB1047: Amends TCA Title 37. | LegisGo