SENATE BILL REPORT

SB 5448

BYSenators Talmadge and Rasmussen

Revising provisions relating to juvenile offenders.

Senate Committee on Judiciary

Senate Hearing Date(s):March 5, 1987

Senate Staff:Carolyn Mayer (786-7418)

AS OF MARCH 5, 1987

BACKGROUND:

It has been suggested that the discretion being exercised by prosecutors, law enforcement personnel, and diversion officials with respect to juvenile diversion should be limited.

SUMMARY:

A prosecutor may decide not to file a charge against a juvenile or to pursue a diversion agreement only where he or she determines that there is insufficient evidence to maintain such a charge.

A case must be diverted if the alleged offense is a (1) nonfelony traffic offense, with certain exceptions; (2) misdemeanor offense involving possession or consumption of alcohol; (3) misdemeanor offense involving possession of less than 40 grams of marijuana, or (4) misdemeanor offense involving possession of firecrackers.

A charge must be filed against a juvenile where he or she has (1) a criminal history of four or more offenses; (2) a criminal history that includes a class B felony; or (3) a pending felony that would result in the offender being ineligible for diversion.

A case shall not be diverted if the juvenile's criminal history shows three or more diversions within 18 months of the current alleged offense.  Juvenile diversion agreements must be in writing and may only be made between diversion units and juveniles.  Law enforcement agencies are specifically prohibited from entering into diversion agreements.

Fiscal Note:      requested