Juvenile Law Update in Missouri: Raise the Age Legislation Changes
In 2018, significant changes were made to Missouri's juvenile justice system through SB 793, known as the "Raise the Age" legislation. This update covers the definition changes for adults and children, delinquent acts, status offenses, order of protection, and jail confinement. The law now stipulates that individuals under 18 years of age must be treated differently within the justice system. These amendments aim to improve the care and treatment of juveniles in need, ensuring their welfare and better rehabilitation.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author.If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
You are allowed to download the files provided on this website for personal or commercial use, subject to the condition that they are used lawfully. All files are the property of their respective owners.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author.
E N D
Presentation Transcript
JUVENILE LAW UPDATE MARCIA HAZELHORST, EXECUTIVE DIRECTOR MISSOURI JUVENILE JUSTICE ASSOCIATION
LEGISLATIVE UPDATE-2018 TRULY AGREED TO AND FINALLY PASSED BILLS 2018 Session named, year of the child as several child welfare initiatives were passed
SB 793-RAISE THE AGE-DEFINITION CHANGES Chapter 211.021-Definition changes Adult-a person eighteen years of age or older Child-any person under eighteen years of age
SB 793-RAISE THE AGE-DELINQUENT ACTS 211.031.1(3) changes Involving any child who is alleged to have violated a state law or municipal ordinance, or any person who is alleged to have violated a state law or municipal ordinance prior to attaining the age of eighteen years .. Missouri Juvenile Code: Section 211.031.1(3) RSMo.
SB 793 RAISE THE AGE-STATUS OFFENSES 211.031.1(2)-Involving any child who may be a resident of or found within the county and who is alleged to be in need of care and treatment because: The child while subject to compulsory school attendance is repeatedly and without justification absent from school(will not have jurisdiction over 17 year old truant youth) The child disobeys the reasonable and lawful directions of his or her parents or other custodian and is beyond their control The child is habitually absent from his or her home without sufficient cause, permission, or justification The behavior or associations of the child are otherwise injurious to his or her welfare or to the welfare of others
SB 793-RAISE THE AGE-ORDER OF PROTECTION 211.031.1(6)-Involving an order of protection pursuant to chapter 455 when the respondent is less than eighteen years of age
SB 793-RAISE THE AGE-JAIL CONFINEMENT 211.033.1-No person under the age of eighteen years, except those transferred to the court of general jurisdiction under the provisions of section 211.071 shall be detained in a jail or other adult detention facility as that term is defined in section 211.151
SB 793-RAISE THE AGE 211.041-Every child over whose person the juvenile court retains jurisdiction shall be prosecuted under the general law for any violation of a state law or of a municipal ordinance which he or she commits after he or she becomes eighteen years of age. The juvenile court shall have no jurisdiction with respect to any such violation and, so long as it retains jurisdiction of the child, shall not exercise its jurisdiction in such a manner as to conflict with any other court s jurisdiction as any such violation
SB 793-RAISE THE AGE-CERTIFICATION 211.071.1-If a petition alleges that a child between the ages of twelve and eighteen has committed an offense which would be considered a felony if committed by an adult, the court may, upon its own motion or upon motion by the juvenile officer, the child or the child s custodian, order a hearing . Still have mandatory certification hearings for youth ( up to age 18) who have committed one of the designated felonies-1stand 2ndDegree Murder, 1stDegree Assault, Forcible Rape(as it existed prior to August 28, 2013), Rape in the 1stDegree, Forcible Sodomy(as it existed prior to August 28, 2013) , Sodomy in the 1stDegree, 1stDegree Robbery(as it existed prior to January 1, 2017 and Distribution of Drugs(as it existed prior to January 1, 2017
SB 793-RAISE THE AGE-ELIGIBILITY FOR DUAL JURISDICTION 211.073.1 The court shall, in a case when the offender is under eighteen years of age and has been transferred to the court of general jurisdiction pursuant to 211.071, and whose prosecution results in a conviction or a plea of guilty, consider dual of both the criminal and juvenile codes, as set forth in this section.
SB 793-RAISE THE AGE-FUNDING 211.435.1(new)-There is hereby created in the state treasury the juvenile Justice Preservation Fund , which shall consist of moneys collected under subsection 2 of this section and sections 488.315 and 558.003, any gifts, bequests, and donations, and any other moneys appropriated by the general assembly. .The fund shall be a dedicated fund and, upon appropriation, moneys in the fund shall be distributed to the judicial circuits of the state based upon the increased workload created by sections 211.021 to 211.425 solely for the administration of the juvenile justice system ..provisions of this section expire on August 28, 2024.
SB 793-RAISE THE AGE-FUNDING 211.435.2-$2.00 surcharge collected for all traffic violations of any county ordinance or any violation of traffic laws of this state, including an infraction when person has pled guilty 488.315.1- $3.50 surcharge assessed in all civil actions filed in the state 588.003-The prosecuting attorney shall have discretion to charge an offender convicted of an offense in which the victim was a child a fine of up to $500 for each offense
SB 793-RAISE THE AGE-FUNDING Section 1-Look back provision: Expanding services from seventeen years of age to eighteen years of age is a new service and shall not be effective until an appropriation sufficient to fund the expanded service is provided therefor.
SB 793-RAISE THE AGE-EFFECTIVE DATE Raising the age of juvenile court jurisdiction does not become effective until January 1, 2021. Juvenile Justice Preservation Fund begins accumulating funds on August 28, 2018.
RAISE THE AGE-CHALLENGES Defining 17 year-olds Youth who turn 17 prior to January 1, 2021 would be handled as adults, however if they commit an offense after January 1, 2021, they would be considered a juvenile until they turn age 18
RAISE THE AGE-CHALLENGES Implementation date could change if funding is insufficient prior to effective date Juvenile Justice Preservation Fund is projected to produce approximately 9 million in funding and fiscal note projections anticipate costs to be upwards of 14 million dollars
RAISE THE AGE-FOLLOW UP LEGISLATION 219.021-Age of commitment to DYS The division shall not keep any youth beyond his eighteenth birth date, except upon petition and a showing of just cause in which the division may maintain custody until the youth s twenty-first birth date Need to increase the age of commitment to nineteen
RAISE THE AGE-FOLLOW-UP LEGISLATION 167.031-compulsory school attendance age Youth are currently subject to compulsory school attendance until age 17 or successful completion of 16 credit hours Consider raising this to age 18 to be in line with juvenile court jurisdiction
SB 793-PROSTITUTION 567.020.5- it shall be an affirmative defense to prosecution pursuant to this section that the defendant was under the age of eighteen and was acting under the coercion, as defined in section 566.200, of an agent at the time of the offense charged 567.030.3-the offense of patronizing prostitution changed from an A misdemeanor to a class E felony when the individual who the person patronizes is less than 18 but older than 14 years of age 567.030.4-class D felony now instead of class E felony if the individual who the person patronizes is 14 years of age or younger
SB 793-PROSTITUTION 567.060.1 (2)-Promoting prostitution in the 2nddegree Promotes prostitution of a person sixteen or seventeen years of age
SB 793-SEX OFFENDER REGISTRY 589.400 adds patronizing prostitution if the individual the person patronizes is less than eighteen year of age
SB 793-EXPUNGEMENT OF RECORDS- PROSTITUTION 610.131 an individual who at the time of the offense was under the age of eighteen, and has pleaded guilty or has been convicted for the offense of prostitution under section 567.020 may apply to the court in which he or she pled guilty or was sentenced for an order to expunge from all official records Court shall enter an order of expungement if after a hearing the court determines the person was acting under the coercion of an agent when committing the offense
SB 655-MINIMUM AGE FOR MARRIAGE 451.090.1 No recorder shall issue a license authorizing the marriage of any male or female under sixteen years of age nor shall a license be issued authorizing the marriage of any male or female 21 years of age or older to a male or female under 18 years of age 451.090.3 . Applicants shall provide proof of age to the recorder in the form of a certified copy of the applicant s birth certificate, passport, or other government-issued identification
SB 655-JUVENILE SEX OFFENDER REGISTRATION 589.402.5 Juveniles required to register under subdivision (5) of subsection 1 of section 589.400 shall be exempt from public notification to include any adjudications from another state, territory . Juveniles required to register as an adult must register within three business days of adjudication or release from commitment to DYS, DMH or other placement Juvenile 14 or older at time of offense and adjudicated for a felony offense equal to or more severe than aggravated sexual abuse must register as an adult
SB 819-CHILD WELFARE REFORM BILL Establishes a social Innovation Grant Program within the Office of Administration to address a critical state of concern No fees will be required or collected for a birth, death or marriage certificate if requested by Children s Division, DYS, Juvenile Officer or Guardian Ad Litem for a child under the jurisdiction of the Juvenile Court Establishes the Supporting and Strengthening Families Act Allows CD to accept a report for a child abuse or neglect investigation or family assessment if the child or alleged perpetrator resides in Mo, may be found in Mo or if the incident occurred in Mo. Allows CD to co-investigate a report of child abuse or neglect as well as share information and records with entities in other states if deemed appropriate to do so
SB 819-CHILD WELFARE REFORM Investigation reports where the Children s Division finds insufficient evidence of abuse or neglect shall be retained for ten years. Reports where child is unable to be located shall be maintained for 18 years from date of report Records relating to foster home or kinship placements of children in foster care shall be considered close records under state law. Does allow for records to be disclosed to juvenile officers, law enforcement and prosecutors when there has been a child fatality or near fatality Creates the Trauma Informed Care for Children and Families Task Force Youth in CD custody who are 16 years of age or older may open a checking or savings account A minor shall be able to contract for admission to a rape crisis center under certain circumstances
SB 819-CHILD WELFARE REFORM Permits adoptive parents and the birth parents of a child to enter into a written post adoption contact agreement to allow contact, communication, and the exchange of photographs after termination of parental rights and adoption occurs Court shall enforce the agreement unless doing so would be in the best interest of the child
SB 800-RAISE THE AGE LANGUAGE Includes Raise the Age language found in SB 793
LEGISLATION Questions?
MISSOURI JUVENILE OFFICER PERFORMANCE STANDARDS 2017 This Photo by Unknown Author is licensed under CC BY-NC-SA
MISSOURI JUVENILE OFFICER PERFORMANCE STANDARDS In 2001, several juvenile justice practitioners gathered to create Missouri s first Standards for the Administration of Juvenile Justice. The standards were aspirational and addressed eight general performance areas. There was no training on the Standards and, for the most part, they went unnoticed. There was no concerted attempt to monitor compliance or create performance standards to gauge effectiveness.
MISSOURI JUVENILE OFFICER PERFORMANCE STANDARDS The original Standards were revised in 2004, however, they remained aspirational and only slightly broadened the scope to include some specific elements within the eight general practice areas. The entire document was only 12 pages in length and, again, there was no concerted effort to train juvenile officers or monitor compliance.
MISSOURI JUVENILE OFFICER PERFORMANCE STANDARDS In 2014, Missouri s Chief Juvenile Officers met to discuss concerns regarding inconsistency in practice throughout the state and proposed juvenile justice reforms. The result of that meeting was a request to Office of State Court s Administrator (OSCA) to allow for an extensive review and revision of the 2004 Revised Missouri Court Performance Standards for the Administration of Juvenile Justice.
MISSOURI JUVENILE OFFICER PERFORMANCE STANDARDS The request was approved and the Missouri Juvenile Standards Workgroup was created in April, 2014 to serve as the steering committee for the work. There was a firm belief that the burden for correcting and improving practices in the juvenile office rested with the JUVENILE OFFICER. However, this group also recognized that input from professional partners and stakeholders was going to be critical, moving forward.
MISSOURI JUVENILE OFFICER PERFORMANCE STANDARDS Although the Steering Committee was by design comprised primarily of Chief Juvenile Officer s from across the state, four Sub Committees were created and were comprised also by design with representatives from the Public Defender, private attorneys, attorneys from Division of Legal Services, CD staff, staff from child protection centers, Office of Child Advocate, Missouri KidsFirst, foster and adoptive coalitions, Missouri CASA, Department of Mental Health and Division of Youth Services.
MISSOURI JUVENILE OFFICER PERFORMANCE STANDARDS The Steering Committee and the Sub Committees began meeting in June, 2014. From 2014 2016, there were approximately 140 meetings of the JSWG and Sub Committees, with an investment of almost 4,200 hours of work by members. In July, 2016, the JSWG submitted a draft of the revised Standards. The draft was approved by the Family Court Committee and submitted to the Supreme Court for review and input.
MISSOURI JUVENILE OFFICER PERFORMANCE STANDARDS In December, 2016, the Supreme Court entered an order modifying Rule 110 to incorporate the 2017 Missouri Juvenile Officer Performance Standards as an Appendix to the rule. Also in December, 2016, the Office of State Courts officially adopted the Standards to become effective July 1, 2017. The 2017 Standards are approximately 175 pages long, contain a Code of Ethics, and 90 Performance Standards, almost all of which are MANDATORY and contain detailed comments about suggested best practice and implementation.
MISSOURI JUVENILE OFFICER PERFORMANCE STANDARDS The 2017 Missouri Juvenile Officer Performance Standards are divided into five sections, as follows: Administrative Standards for the Juvenile Officer Standards for Pre-Disposition in Delinquency and Status Offense Matters Standards for Post-Disposition in Delinquency and Status Offense Matters Standards for the Juvenile Officer in Matters of Child Abuse and Neglect General Practice Standards for the Juvenile Officer
MISSOURI JUVENILE OFFICER PERFORMANCE STANDARDS Implementation of the Standards is currently being monitored by the Juvenile Officer Performance Oversight Committee. This Committee was responsible for creating recommendations for the following two Standards: Standard 1.5 Compliance Review A Subcommittee exists to create a recommendation. Target date for implementation is December 31, 2018 Standard 1.6 Formal Complaint Process A Subcommittee also exists to create a recommendation. Target date for implementation is December 31, 2018.
JUVENILE OFFICER PERFORMANCE STANDARD 1.5-COMPLIANCE REVIEW OF THE JUVENILE OFFICER Standard 1.5- The juvenile officer shall comply with the Missouri Juvenile Officer Performance Standards(2017) and shall be subject to compliance reviews pursuant to section 211.326, RSMo 2000 . Standard 1.5-Compliance Review Recommendations: Self-Assessment Peer review assessment Formal review assessment
JUVENILE OFFICER PERFORMANCE STANDARD 1.6-FORMAL COMPLAINT PROCESS Standard 1.6- The state courts administrator shall establish a centralized complaint process. All meritorious complaints shall be referred to the appropriate presiding circuit judge for review and resolution including disciplinary measures up to and including removal of the juvenile officer from office . Standard 1.6-Complaint Process Recommendations: Needs to be in writing(form on OSCA website) Against the Juvenile Officer(if against a DJO, has the JO been informed of the issue and failed to address it) Meritorious complaint investigated by a review committee
JUVENILE OFFICER PERFORMANCE STANDARD 2.2-INITIAL REFERRAL REVIEW Standard 2.2 (A)- The juvenile officer shall date stamp any referral received upon receipt in the juvenile office Standard 2.2 (B)- The juvenile officer shall require all referrals to be in writing and signed by the person making the referral whenever practicable. Standard 2.2(C)-The juvenile officer shall make an initial and prompt determination regarding the sufficiency of the referral and determine whether: Jurisdictional elements are established Contains a clear statement of the act alleged Sufficient evidence to support action by the juvenile officer Information supports the need for action by the juvenile officer
JUVENILE OFFICER PERFORMANCE STANDARD 2.2-INITIAL REFERRAL REVIEW Standard 2.2(D)- The juvenile officer shall make a written request of the referring party for additional investigation or information necessary to determine sufficiency of the allegation in the referral and include a reasonable period for response by the referring party/person. Standard 2.2(E)- The juvenile officer shall require referrals relating to allegations of a delinquent act to include an investigation by law enforcement. Standard 2.2(F)- The juvenile officer shall close the case as soon as practicable upon a determination that the referral is not legally sufficient or no action is required by the juvenile officer.
JUVENILE OFFICER PERFORMANCE STANDARD 2.2-INITIAL REFERRAL REVIEW Standard 2.2 (G)- The juvenile officer shall provide, in writing, to the referring party or person the reason the referral is not sufficient to establish or warrant action by the juvenile officer. Standards 2.2(H)- The juvenile officer or attorney for the juvenile officer shall consult with the referring party, upon request, regarding any referral rejected by the juvenile officer and review additional information or information provided during that consultation.
JUVENILE OFFICER PERFORMANCE STANDARD 2.1-ADVISEMENT OF RIGHTS AND PARENTAL PRESENCE Standard 2.1(A)- The juvenile officer or a designee approved and trained by the Juvenile Officer to act on behalf of the juvenile officer shall advise a juvenile of his or her rights during a custodial interrogation by law enforcement. Standard 2.1(B)-.. The juvenile officer shall ensure any designee complies with the specific requirements for the juvenile officer Standard 2.1(C)- .. The juvenile officer or designee shall ensure a juvenile is advised of their limited role during the interrogation by law enforcement and specifically advise the juvenile that they are not legal counsel for the juvenile or an advocate for the juvenile during the questioning by law enforcement.
JUVENILE OFFICER PERFORMANCE STANDARD 2.1-ADVISEMENT OF RIGHTS AND PARENTAL PRESENCE Standard 2.1(D)- The juvenile officer or designee shall not participate in the questioning by law enforcement by asking any questions or soliciting any information from the juvenile regarding the alleged offense(s). Standard 2.1(E)- The juvenile officer or designee shall prohibit or end questioning by law enforcement wherein the juvenile appears to lack the capacity to understand the advisement of rights and waiver, requests to stop answering questions, or requests legal counsel. Standard 2.1(F)- The juvenile officer or designee shall ensure a parent, guardian, custodian or friendly adult of the juvenile s choosing is present during the questioning and has sufficient time to consult and advise the juvenile before and during the questioning.
JUVENILE OFFICER PERFORMANCE STANDARD 2.1-ADVISEMENT OF RIGHTS AND PARENTAL PRESENCE Standard 2.1(G)- Juvenile Officer or designee shall administer the advisement of rights orally and in writing and ensure appropriate language or required assistive resources are available before the initiation of the questioning .
JUVENILE OFFICER PERFORMANCE STANDARD 2.1-ADVISEMENT OF RIGHTS AND PARENTAL PRESENCE Standard 2.1(H)- The Rights advisement to a juvenile shall include: 1. Right to remain silent; 2. Any statement the juvenile does make can be and may be used against the juvenile in subsequent juvenile court proceedings; 3. Any statement made to law enforcement can and may be used against the juvenile if the juvenile is transferred to a court of general jurisdiction to be prosecuted under the general law; 4. Right to have a parent, guardian, or custodian present during questioning; 5. Right to consult with an attorney and that one will be appointed and paid for if the juvenile cannot afford one; and 6. Right to stop talking at any time.
JUVENILE OFFICER PERFORMANCE STANDARD 2.1-ADVISEMENT OF RIGHTS AND PARENTAL PRESENCE Standard 2.1(I)- The juvenile officer or designee shall address with the juvenile potential conflicts in circumstances wherein the alleged victim or co-defendant is the parent to aid in ensuring a friendly adult is available to consult with the juvenile Standard 2.1(J)- The juvenile officer or designee shall ensure the location and timeframe of the questioning by law enforcement are appropriate. Standard 2.1(K)- The juvenile officer shall establish a written protocol to facilitate the prompt consideration by the court as to the appointment of legal counsel for a juvenile upon request before or during questioning by law enforcement.
JUVENILE OFFICER PERFORMANCE STANDARD 4.2-ROLE OF JUVENILE OFFICER IN CHILD WELFARE INVESTIGATIONS Standard 4.2- The juvenile officer shall not serve as the primary investigator of child abuse and neglect.
