SB324 Alabama 2016 Session

Under existing law, a minor who has attained 16 years of age may be charged, arrested, and tried as an adult for capital offenses, other specified felonies, and certain lesser included offenses

This bill would repeal this provision and would allow for the transfer of a child 14 years of age or more from the juvenile court to the circuit court if the child is alleged to have committed a capital offense, other specified felonies, and certain lesser included offenses

This bill would also specify that the transfer of a case from juvenile court to circuit court does not prohibit a circuit court judge from granting an individual youthful offender status

Existing law also specifies who may be detained or confined in secure custody and when a child may be detained in a jail or other facility for the detention of adults

This bill would provide that a child 14 years of age or older whose case was transferred from the juvenile court to the circuit court may be detained or confined in secure custody and would prohibit a person under the age of 18 from being detained or confined with adult inmates except for a period of up to six hours during the processing of the child's case

To amend Sections 12-15-203 and 12-15-208, Code of Alabama 1975, and Section 12-15-208.1, Code of Alabama 1975, as last amended by Act 2015-185, 2015 Regular Session, relating to juvenile proceedings, to allow for the transfer of a child 14 years of age or more from the juvenile court to the circuit court if the child is alleged to have committed certain criminal offenses; to specify that the transfer of a case from juvenile court to circuit court does not prohibit a circuit judge from granting an individual youthful offender status; to provide that a child 14 years of age or older whose case was transferred from the juvenile court to the circuit court may be detained or confined in secure custody; and to prohibit certain persons under the age of 18 from being detained or confined with adult inmates except under certain conditions; to provide for retroactive application; and to repeal Section 12-15-204, Code of Alabama 1975, relating to acts for which a person who has attained age 16 shall be charged, arrested, and tried as an adult.