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

This bill relates to the jurisdiction of the juvenile court and juvenile pre-charge diversion programs. The bill defines “child” for the purposes of Code chapter 232 (juvenile justice), subchapters I (construction and definitions) and II (juvenile delinquency proceedings), as a person under 21 years of age who is alleged to have committed an offense for which the juvenile court has exclusive original jurisdiction if the proceedings related to that offense began prior to the person attaining 18 years of age. Current law defines “child” as a person under 18 years of age. The bill defines “juvenile pre-charge diversion program” as a program certified by the department of health and human services (HHS) 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 18 years of age, or if the proceeding concerns an offense of animal torture alleged to have been committed by a child under 17 years of age.45. JUVENILE PRE-CHARGE DIVERSION PROGRAMS. The bill provides that HHS 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, 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 12 months prior to the date of the alleged offense. The bill requires HHS to determine by rule minimum standards for juvenile pre-charge diversion programs. Minimum standards must require that a juvenile pre-charge diversion program be a short-term, community-based program that focuses on skill building and restorative justice principles. HHS must designate the types of activities that a juvenile pre-charge diversion program may include. The bill requires HHS to determine minimum requirements for a program participant’s completion of a juvenile pre-charge diversion program and requires HHS 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. The bill directs HHS to convene a study committee during the 2025 legislative interim to examine alternatives to placing juveniles in detention for probation or technical violations, including but not limited to community-based and residential rehabilitation alternatives for moderate and high-risk juvenile offenders. Committee membership must include, at a minimum, a representative from HHS and the department of justice, and a member of the judicial branch. The bill requires the committee to submit a report detailing its findings and recommendations to the general assembly and the governor no later than December 15, 2025.6 (transfer of jurisdiction —— juvenile).