HB440 Alabama 2016 Session

Summary

Primary Sponsor

Jim HillRepresentative

Republican

Session

Regular Session 2016

Title

Juvenile court, transfer to circuit or district court, levying to review transfer required, remand of case to juvenile court under certain conditions, release from confinement, Secs. 12-15-203, 12-15-204 am'd.

Summary

HB440 changes how Alabama handles juvenile cases where a teen 14 or older is accused of acts that would be crimes as an adult, by adding timeframes for transferring papers, creating review and remand steps, and letting a minor seek a determination of whether adult jurisdiction is in their best interest.

What This Bill Does

It requires the juvenile court clerk to forward all case papers to the circuit or district court within a set time after transfer, and it requires the receiving court to review orders, papers, reports, and studies within a set time to decide whether to keep the case in adult court or return it to juvenile court. It also allows the juvenile court to maintain jurisdiction for future charges not listed if indictments fail or charges are dismissed, and it gives a minor a right to file a motion to determine if adult jurisdiction is in the best interest, with a hearing and possible remand to juvenile court. For cases indicted for enumerated offenses, the circuit/district court must hold a hearing within 60 days to decide best interest; if not indicted or if only non-enumerated offenses remain, the case may be remanded to juvenile court and the juvenile court may retain jurisdiction over lesser included offenses.

Who It Affects

• Teens aged 14 or older who are accused of acts that would be crimes as adults; they could be transferred to adult court but have timelines, review procedures, and potential remand back to juvenile court, plus the option to challenge the transfer.
• The juvenile and circuit/district court systems (including juvenile court clerks, prosecutors, and probation officers) who manage transfers, hearings, and the retention or remand of cases under defined timeframes.

Key Provisions

• Requires the juvenile court clerk to forward all papers connected with a transfer to the circuit or district court within 10 days of the transfer decision.
• Requires the circuit or district court to review all orders, papers, reports, and studies within a specified time and to determine whether to keep the transfer or remand the case to juvenile court.
• If the case is indicted for an enumerated offense, the circuit or district court must hold a hearing within 60 days to determine if adult court jurisdiction is in the best interest; if not, the case is remanded to juvenile court.
• If all charges for enumerated offenses are dismissed or only non-enumerated offenses are convicted, the juvenile court retains jurisdiction and must conduct a hearing within 60 days to decide whether adult jurisdiction remains appropriate; remand to juvenile court if not.
• A minor may file a motion requesting a determination of whether subjecting them to adult court jurisdiction is in the best interest, leading to a hearing and possible remand to juvenile court.
• The act applies to conduct occurring after April 14, 1994; pre-1994 conduct remains governed by prior law.
• Even after transfer or adjudication, the juvenile court retains authority to enforce prior orders (like fines or restitution) as applicable.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Court, Juvenile