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Recent Victories
For a complete listing of advances in the juvenile justice reform field go here.
Reverse Remand for Youth Sex Offenders Passes in Arizona
SB 1628 Youthful Sex Offenders Treatment Act, passed in Arizona in April 2007, requires: (1) youth sex offenders to only be placed in a treatment program with youth of a similar age and developmental maturity level; (2) allows for an annual probation review hearing by the court for youth sex offenders under age 22 and in the adult criminal justice system; and (3) when the county attorney uses discretion and charges a youth with certain sex offenses in adult criminal court, allows the defense to request a hearing to determine by clear and convincing evidence whether the jurisdiction of the criminal prosecution should be transferred to the juvenile court; the court must weigh the facts of the case, community safety and prospects of the youth’s rehabilitation in the juvenile justice system in making its determination.
Virginia's "Once an Adult, Always an Adult” Law Amended
On March 1, 2007, the Virginia legislature passed a bill to amend Virginia's "once an adult, always an adult" law. Previously, a one-time transfer of a youth to adult court, regardless of the ultimate outcome, was enough to trigger the "once an adult, always an adult" law. Youth transferred to the adult system were treated as an adult in all future proceedings, no matter how minor the charge, even if they were acquitted or had their case dismissed.
The amended law requires that youth must be convicted of an offense when they are transferred to adult court in order to be tried in adult court for all future offenses. The bill, HB3007 introduced by Delegate Dave Marsden (D-Fairfax), has been passed by both houses of the legislature and signed by the Governor.
North Carolina Sentencing and Policy Advisory Commission Recommends Increasing the Age of Juvenile Court Jurisdiction
In 2005, the Commission was asked by Representative Alice Bordsen to study issues related to the conviction and sentencing of juvenile offenders. The Commission has just submitted its report to the NC Assembly recommending that the state raise from 16 to 18 the age at which children would automatically be referred to adult court. Traffic offenses committed by 16 and 17 year olds would remain within the jurisdiction of the adult court. The Commission recommended that the current criteria and process for transfer from juvenile to adult court should not be changed. The implementation of the change in juvenile jurisdiction would be delayed for two years after passage of the act to allow for analysis of the legal and organizational changes required. The full report of the Commission is available on the NJJN Trying Youth as Adults Page, State Resources tab.
Connecticut General Assembly’s Juvenile Justice Planning and Implementation Committee Recommends Increasing the Age of Juvenile Court Jurisdiction
The Connecticut General Assembly’s Juvenile Justice Planning and Implementation Committee has recommended raising the age of juvenile court jurisdiction. The date of implementation for the change would be July 1, 2009, to allow ample time for affected courts and state agencies to build their capacity to accommodate the expected influx of 16 and 17 year olds without diluting the quality or quantity of services available to younger children in the system. The Committee’s other recommendations include improvements to court diversion and pre-trial detention practices and establishing regional youth courts. The two-year delay in implementation would allow time for the appropriation of funds necessary to accomplish these changes. The full report is available on the NJJN Trying Youth as Adults Page, State Resources tab
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The juvenile arrest rate for violent crimes fell 48% between 1994 and 2003. [ more facts]
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