No. HB 295
Filed under Criminal Justice.
Prosecuting Children as Adults ; Prohibits jail or other adult facility from holding child transferred to adult court for criminal prosecution before hearing to determine if child should be prosecuted as adult, unless hearing waived; removes requirement for state attorney to request court to transfer & certify child for prosecution as adult or to provide written reasons for not making such request; removes references to state attorney's discretion to direct file juvenile; revises discretionary direct file criteria; provides for due process evidentiary hearing before judge upon filing by state attorney of information transferring child to adult court; provides for continued jurisdiction of adult court with regard to child unless court makes specified finding; provides requirements for order to transfer child to adult court; provides for immediate appellate review of order.
Plain English Summary
AI-GENERATEDThe bill eliminates the mandatory requirement for state attorneys to request adult prosecution for specific repeat violent offenders, replacing it with discretionary filing.
It creates a mandatory due process evidentiary hearing before a judge for any child transferred to adult court, which the child may waive.
A child transferred to adult court may not be held in an adult jail before the hearing, unless the child waives that right.
The adult court retains jurisdiction unless it finds by a preponderance of the evidence that the child should return to juvenile court.
AICreates a mandatory evidentiary hearing before a judge for any child transferred to adult court, replacing the previous system where the state attorney's filing decision was final.
AIEliminates the legal obligation for state attorneys to request adult prosecution for repeat violent offenders or those with multiple felony records, converting a mandatory duty into a discretionary choice.
AIProhibits holding children charged with misdemeanors or those awaiting a transfer hearing in adult jails, requiring temporary detention in juvenile facilities instead.
AILimits the state attorney's ability to file directly in adult court to 16- and 17-year-olds charged with forcible felonies, removing the previous list of 19 specific offenses for younger children.
AIEstablishes that adult sanctions are presumed appropriate for transferred children, removing the requirement for courts to make specific findings to justify adult sentences.