Relating to the jurisdiction of the juvenile court and juvenile pre-charge diversion programs

The bill defines “division” as the department of human rights division of criminal and juvenile justice planning (CJJP). The bill defines “juvenile pre-charge diversion program” as a program certified by CJJP to coordinate services for a child who is alleged to have committed an offense that, if committed by an adult, would constitute a simple misdemeanor for the purpose of diverting the child from juvenile court proceedings. The bill provides that the juvenile court shall retain jurisdiction in proceedings concerning a child if the alleged offense would constitute a misdemeanor if committed by an adult, if the child’s case was transferred to the jurisdiction of the juvenile court from a district court because the child allegedly committed the offense prior to reaching years of age, and in a proceeding concerning an offense of animal torture alleged to have been committed by a child under years of age. would constitute a felony may be waived upon a juvenile court making certain findings pursuant to a hearing held on a motion by a county attorney or the person. JUVENILE PRE-CHARGE DIVERSION PROGRAMS. The bill provides that CJJP shall certify juvenile pre-charge diversion programs that offer rehabilitative services to a child who could be subject to the jurisdiction of the juvenile court for the purpose of diverting the child from a formal adjudication in juvenile court. To be eligible for participation in a certified juvenile pre-charge diversion program, the child must have allegedly committed an offense that, if committed by an adult, would constitute a simple misdemeanor and must not have been referred to a juvenile pre-charge diversion program within the months prior to the date of the alleged offense. The bill requires CJJP to determine by rule minimum standards for juvenile pre-charge diversion programs. Minimum standards shall require that a juvenile pre-charge diversion program be a short-term, community-based program that focuses on skill building and restorative justice principles, and CJJP shall designate the types of activities that a juvenile pre-charge diversion program may include to meet minimum standards. The bill requires CJJP to determine minimum requirements for a juvenile pre-charge diversion program participant’s completion of a juvenile pre-charge diversion program and requires CJJP to adopt rules for the implementation of certified juvenile pre-charge diversion programs. The bill requires a juvenile court to make a finding that there is probable cause to believe that a child has committed a delinquent act that, if committed by an adult, would constitute a felony before the court is allowed to waive its jurisdiction over the child to allow the child to be tried as an adult. Under current law, the juvenile court is only required to find there is probable cause to believe the child has committed a delinquent act before the court is allowed to waive its jurisdiction to allow the child to be tried as an adult.F. The bill directs the department of human rights to convene a study committee during the 2023 legislative interim to examine alternatives to placing juveniles in detention for probation or technical violations. The committee’s examination shall include but not be limited to community-based and residential rehabilitation alternatives for moderate and high-risk juvenile offenders. The bill requires committee membership to consist of, at a minimum, a representative from CJJP, the department of justice, and a member of the judicial branch. The bill requires the department of human rights to submit a report of the study committee detailing the committee’s findings and recommendations to the general assembly and the governor no later than December 15, 2023.6 (transfer of jurisdiction —— juvenile).