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SB19-108:Juvenile Justice Reform

Criminal Justice
Bill Number: SB19-108
Year: 2019
ACLU Position: Support
Sponsors: D. Michaelson Jenet / M. Soper / P. Lee / R. Gardner

Description:

The bill establishes a committee on juvenile justice reform
(committee) in the governor’s office and establishes its membership. The
bill specifies duties of the committee including:
• Adopting a validated risk and needs assessment tool to be
used by juvenile courts, the division of youth services
(DYS), juvenile probation, and the parole department;
• Selecting a mental health screening tool for juvenile
offenders;
• Selecting a validated risk screening tool to be used by
district attorneys in determining a juvenile’s eligibility for
diversion;
• Selecting a vendor to assist in the implementation of and
provide training on the tools; and
• Developing plans for measuring the effectiveness of the
tools.
Under current law, there is a working group under DYS on
detention of juvenile offenders and alternative services to detention. The
bill adds to the working group’s duties that it must:
• Adopt a research-based detention screening instrument,
develop a plan for training on the new instrument, and
submit a report on the use of the new instrument;
• Establish criteria for the alternative services and report on
the effectiveness of the alternative services; and
• Adopt a form affidavit for parents and guardians to
complete.
The bill requires district attorney’s offices to use the risk screening
tools and the results of the tools in determining a juvenile’s eligibility for
diversion and need for services. It specifies grounds that may not be used
to deny diversion and directs the division of criminal justice to collect
data and report on juvenile diversion programs.
The bill restricts removing a juvenile from the custody of a parent,
unless the detention screening is conducted and specified findings are
made, and directs that unless physical restriction is required, custody of
the juvenile is given to kin or another person. It limits which juveniles
may be placed in detention. In releasing a juvenile from detention, the bill
requires the juvenile court to use the detention screening instrument.
For juvenile probation, the bill requires the state court
administrator to:
• Develop a statewide system of graduated responses and
incentives to change a juvenile’s behavior and address
violations; and
• Develop statewide standards for juvenile probation
supervision and services and provide annual training on the
standards.
The bill makes conforming amendments.


Current Status:

Sent to the Governor (05/17/2019)
Senate Considered House Amendments - Result was to Concur - Repass (05/01/19)
House Third Reading Passed with Amendments - Floor (04/30/19)
House Committee on Appropriations Refer Unamended to House Committee of the Whole (04/29/19)
Introduced In House - Assigned to Judiciary (04/24/19)
Senate Third Reading Passed - No Amendments (04/24/19)
Senate Committee on Legislative Council Refer Unamended to Senate Committee of the Whole (04/18/19)
Senate Committee on Appropriations Refer Amended to Legislative Council (04/16/19)
Senate Committee on Judiciary Refer Amended to Appropriations (02/27/2019)
Introduced In Senate - Assigned to Judiciary (01/29/2019)



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