Juvenile Court Jurisdiction.
Juvenile courts are a division of the state's superior court system. In general, juvenile courts only have jurisdiction over criminal matters concerning persons who are under the age of 18 through the point of adjudication (a juvenile conviction). If criminal proceedings commence after a person's eighteenth birthday for an offense committed prior to the person's eighteenth birthday, the proceedings must be held in adult court and the person is subject to adult sentencing. A juvenile with a pending case in juvenile court at the time they turn 18 may continue to be under the jurisdiction of the juvenile court beyond the juvenile's eighteenth birthday only if, before that date, the juvenile court enters an order extending jurisdiction. With some limited exceptions, the court cannot extend jurisdiction over proceedings past the juvenile's twenty-first birthday.
In addition, there are several circumstances under which state law requires exclusive adult court jurisdiction or allows the juvenile court to decline jurisdiction and transfer the case to adult court:
The parties may also agree to waive exclusive adult court jurisdiction in a criminal matter involving a person under the age of 18 and, with the court's approval, move the matter to juvenile court.
Sentences for Criminal Offenses.
Juvenile court dispositions and adult felony criminal sentences are subject to statutory sentencing guidelines. In both the juvenile and adult systems, a statutory grid establishes the standard sentencing range for a particular offense based on the seriousness level of the offense and an individual's prior juvenile adjudications or adult convictions.
In the juvenile disposition system, the disposition category called local sanctions is the least serious category and may include any of, or a combination of, the following: up to 30 days in confinement in a county juvenile detention facility; up to 12 months of community supervision; and up to 150 hours of community restitution. Any confinement imposed that is greater than 30 days is served through commitment at a Department of Children, Youth, and Families (DCYF) juvenile rehabilitation facility.
In general, a juvenile disposition may extend past a juvenile's eighteenth birthday, but may not extend past their twenty-first birthday. However, for juveniles age 16 or 17 who are adjudicated of Robbery in the first degree, Drive By Shooting, or any Violent offense while armed with a firearm, jurisdiction remains until the juvenile turns age 25. In these circumstances, jurisdiction is also automatically extended to include a period up to 24 months of parole, not extending past the individual's twenty-fifth birthday.
Felony criminal convictions in adult court are sentenced under the Sentencing Reform Act (SRA). The SRA's sentencing grid ranges from a low-end sentence of 0 to 60 days of incarceration for a seriousness level I offense to a possible life sentence for a seriousness level XVI offense. Persons convicted of felonies in adult courts serve sentences of less than one year at local jail facilities, and longer sentences at prison facilities operated by the Department of Corrections. However, minors convicted in adult court serve sentences at a DCYF juvenile rehabilitation facility until they age out of the facility, at which point they transfer to the state prison system.
Juvenile court jurisdiction over persons age 18 and older is expanded.
Except in cases in which the adult court has exclusive jurisdiction or the juvenile court has declined jurisdiction, the juvenile court has jurisdiction over all criminal proceedings pertaining to individuals under age 21 who are accused of committing an offense under the age of 18. The current law requirements for charges to be initiated and for the court to extend jurisdiction prior to the juvenile's eighteenth birthday no longer apply.
The juvenile court may also extend jurisdiction over persons over the age of 18 accused of criminal offenses committed at the age of 16 or 17 that would otherwise be subject to exclusive adult court jurisdiction when the parties, with the court's approval, have agreed to juvenile court jurisdiction.
Changes are made to the jurisdiction and disposition provisions concerning juveniles accused or adjudicated of Murder in the first or second degree committed at age 14 or 15 or of Rape in the first degree committed at age 15:
The conditions for when a discretionary decline hearing may be held when a juvenile is charged with a serious violent offense or Murder in the first or second degree require that the respondent was at the requisite age at the time of the offense, rather than at the time of the proceedings.
Provisions allowing the juvenile court to extend jurisdiction over a person over the age 18 upon agreement of the parties to waive exclusive adult court jurisdiction, provisions making changes to jurisdiction and disposition provisions pertaining to juveniles accused or adjudicated of Murder in the first or second degree committed at age 14 or 15 or of Rape in the first degree committed at age 15, and provisions modifying the age-related requirements for when a discretionary decline hearing may be held, apply retroactively to all charges that are pending as of the effective date of the bill, and to charges that are filed after the effective date of the bill, but that are based on conduct that occurred before the effective date of the bill.