Jim HillRelating to juvenile justice; to amend Sections 12-15-102, 12-15-107, 12-15-119, 12-15-120, 12-15-126, 12-15-127, 12-15-128, 12-15-132, 12-15-203, 12-15-204, 12-15-207, 12-15-209, 12-15-211, 12-15-215, 12-15-221, 12-15-701, 12-25-9, 16-28-2.2, 16-28-8, 16-28-13, 16-28-14, 16-28-16, 16-28-17, 16-28-18, 44-1-1, 44-1-24, and 44-1-36, Code of Alabama 1975, to expand early interventions to address the needs of certain youth prior to court involvement; to require development of a statewide detention risk assessment tool for pre-adjudication detention decisions; to provide for video conferencing of certain detention hearings under certain conditions; to establish standards for informal adjustments for certain youth; to reduce the number of offenses that may be transferred to criminal court under certain circumstances; to remove the assessment of fines or court costs against children under certain conditions; to provide for a risk and needs assessment tool to aid courts in determining when placement in the custody of the Department of Youth Services is necessary; to specify those offenses that would make a child eligible for placement with the Department of Youth Services; to further specify the length of supervision ordered by a juvenile court; to require local boards of education to inform parents of services available relating to absenteeism and other school-related misconduct; to create the Juvenile Justice Reinvestment Fund, administered by the Department of Youth Services; to require the Administrative Office of Courts and the Department of Youth Services to develop and adopt a risk and needs assessment; to create the Juvenile Justice Fund Oversight Committee and to provide for its membership and duties; and to amend Section 15-20A-5, Code of Alabama 1975, as last amended by Act 2017-414, 2017 Regular Session, to provide courts discretion as to requiring a child to comply with sex offender registration and notification requirements under certain conditions.
Relating to juvenile justice; to amend Sections 12-15-102, 12-15-107, 12-15-119, 12-15-120, 12-15-126, 12-15-127, 12-15-128, 12-15-132, 12-15-203, 12-15-204, 12-15-207, 12-15-209, 12-15-211, 12-15-215, 12-15-221, 12-15-701, 12-25-9, 16-28-2.2, 16-28-8, 16-28-13, 16-28-14, 16-28-16, 16-28-17, 16-28-18, 44-1-1, 44-1-24, and 44-1-36, Code of Alabama 1975, to expand early interventions to address the needs of certain youth prior to court involvement; to require development of a statewide detention risk assessment tool for pre-adjudication detention decisions; to provide for video conferencing of certain detention hearings under certain conditions; to establish standards for informal adjustments for certain youth; to reduce the number of offenses that may be transferred to criminal court under certain circumstances; to remove the assessment of fines or court costs against children under certain conditions; to provide for a risk and needs assessment tool to aid courts in determining when placement in the custody of the Department of Youth Services is necessary; to specify those offenses that would make a child eligible for placement with the Department of Youth Services; to further specify the length of supervision ordered by a juvenile court; to require local boards of education to inform parents of services available relating to absenteeism and other school-related misconduct; to create the Juvenile Justice Reinvestment Fund, administered by the Department of Youth Services; to require the Administrative Office of Courts and the Department of Youth Services to develop and adopt a risk and needs assessment; to create the Juvenile Justice Fund Oversight Committee and to provide for its membership and duties; and to amend Section 15-20A-5, Code of Alabama 1975, as last amended by Act 2017-414, 2017 Regular Session, to provide courts discretion as to requiring a child to comply with sex offender registration and notification requirements under certain conditions.
Section 1
Sections 12-15-102, 12-15-107, 12-15-110, 12-15-117, 12-15-119, 12-15-120, 12-15-121, 12-15-126, 12-15-127, 12-15-128, 12-15-132, 12-15-203, 12-15-204, 12-15-207, 12-15-209, 12-15-211, 12-15-215, 12-15-221, 12-15-701, 12-25-9, 16-28-2.2, 16-28-8, 16-28-12, 16-28-13, 16-28-14, 16-28-16, 16-28-17, 16-28-18, 44-1-1, 44-1-24, and 44-1-36, Code of Alabama 1975, are amended to read as follows:
§12-15-102.
When used in this chapter, the following words and phrases have the following meanings:
(1) ADULT. An individual 19 years of age or older.
(2) AFTERCARE. Conditions and supervision as the juvenile court orders after release from the Department of Youth Services.
(3) CHILD. An individual under the age of 18 years, or under 21 years of age and before the juvenile court for a delinquency matter arising before that individual's 18th birthday. Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday, has committed an offense for which there is no statute of limitation pursuant to Section 15-3-5, the term child also shall include the individual subject to the petition, regardless of the age of the individual at the time of filing.
(4) CHILD IN NEED OF SUPERVISION. A child who has been adjudicated by a juvenile court for doing any of the following and who is in need of care, rehabilitation, or supervision:
a. Being subject to the requirement of compulsory school attendance, is habitually truant from school as defined by the State Board of Education in the Alabama Administrative Code. Notwithstanding the foregoing, a child shall not be found in need of supervision pursuant to this subdivision if the juvenile court determines that the parent, legal guardian, or legal custodian of the child was solely responsible for the nonattendance of the child. either of the following occur:
1. The juvenile court determines that the parent, legal guardian, or legal custodian of the child was solely responsible for the nonattendance of the child.
2. The school did not make reasonable efforts to engage the child in an early warning truancy prevention program in the school or at home prior to filing a complaint.
b. Disobeys the reasonable and lawful demands of his or her parent, legal guardian, or legal custodian and is beyond the control of the parent, legal guardian, or legal custodian.
c. Leaves, or remains away from, the home without the permission of the parent, legal guardian, legal custodian, or person with whom he or she resides.
d. Commits an offense established by law but not classified as criminal.
e. Commits an offense established by law as criminal and that constitutes voluntary sexual activity when committed by a child, pursuant to Section 11 of the act adding this amendatory language.
(5) CHILD'S ATTORNEY. A licensed attorney who provides legal services for a child, or for a minor in a mental commitment proceeding, and who owes the same duties of undivided loyalty, confidentiality, and competent representation to the child or minor as is due an adult client.
(6) DELINQUENT ACT. An act committed by a child that is designated a violation, misdemeanor, or felony offense pursuant to the law of the municipality, county, or state in which the act was committed or pursuant to federal law. This term shall not apply to any of the following:
a. An offense when committed by a child 16 or 17 years of age as follows:
1. A nonfelony traffic offense or water safety offense other than one charged pursuant to Section 32-5A-191 or 32-5A-191.3 or a municipal ordinance prohibiting the same conduct.
2. A capital offense.
3. A Class A felony Murder as provided in Section 13A-6-2.
4. A felony which has as an element the use of a deadly weapon Rape in the first degree as provided in Section 13A-6-61 with a deadly weapon.
5. A felony which has as an element the causing of death or serious physical injury Robbery in the first degree with a deadly weapon as defined in subdivision (a)(1) of Section 13A-8-41.
6. A felony which has as an element the use of a dangerous instrument against any person who is one of the following:
(i) A law enforcement officer or official.
(ii) A correctional officer or official.
(iii) A parole or probation officer or official.
(iv) A juvenile court probation officer or official.
(v) A district attorney or other prosecuting officer or official.
(vi) A judge or judicial official.
(vii) A court officer or official.
(viii) A person who is a grand juror, juror, or witness in any legal proceeding of whatever nature when the offense stems from, is caused by, or is related to the role of the person as a juror, grand juror, or witness.
(ix) A teacher, principal, or employee of the public education system of Alabama.
7. Trafficking in drugs in violation of Section 13A-12-231, or as the same may be amended.
8.6. Any lesser included offense of the offenses in subparagraphs 1 to 7 5, inclusive, charged or any lesser felony offense charged arising from the same facts and circumstances and committed at the same time as the offenses listed in subparagraphs 1 to 7 5, inclusive.
b. Any criminal act, offense, or violation committed by a child under the age of 18 years who has been previously convicted or adjudicated a youthful offender.
7. An act established by law as criminal that constitutes voluntary sexual activity when committed by a child, pursuant to Section 11 of the act adding this amendatory language.
(7) DELINQUENT CHILD. A child who has been adjudicated for a delinquent act and is in need of care or rehabilitation.
(8) DEPENDENT CHILD. a. A child who has been adjudicated dependent by a juvenile court and is in need of care or supervision and meets any of the following circumstances:
1. Whose parent, legal guardian, legal custodian, or other custodian subjects the child or any other child in the household to abuse, as defined in subdivision (2) of Section 12-15-301 or neglect as defined in subdivision (4) of Section 12-15-301, or allows the child to be so subjected.
2. Who is without a parent, legal guardian, or legal custodian willing and able to provide for the care, support, or education of the child.
3. Whose parent, legal guardian, legal custodian, or other custodian neglects or refuses, when able to do so or when the service is offered without charge, to provide or allow medical, surgical, or other care necessary for the health or well-being of the child.
4. Whose parent, legal guardian, legal custodian, or other custodian fails, refuses, or neglects to send the child to school in accordance with the terms of the compulsory school attendance laws of this state.
5. Whose parent, legal guardian, legal custodian, or other custodian has abandoned the child, as defined in subdivision (1) of Section 12-15-301.
6. Whose parent, legal guardian, legal custodian, or other custodian is unable or unwilling to discharge his or her responsibilities to and for the child.
7. Who has been placed for care or adoption in violation of the law.
8. Who, for any other cause, is in need of the care and protection of the state.
b. The commission of one or more status offenses as defined in subdivision (4) of Section 12-15-201 is not a sufficient basis for an adjudication of dependency.
(9) DETENTION. The temporary placement of children alleged or adjudicated to be delinquent in secure custody as defined herein pending juvenile court disposition or transfer to a residential facility for further care of a child adjudicated delinquent.
(10) GUARDIAN AD LITEM. A licensed attorney appointed by a juvenile court to protect the best interests of an individual without being bound by the expressed wishes of that individual.
(11) INTAKE OFFICER. A juvenile probation officer or an employee of the judicial branch of government, who is neutral and detached from executive and legislative branch activities, designated by the juvenile court judge to initiate original delinquency, dependency, and child in need of supervision cases, as well as cases designated in Section 12-15-132 before the juvenile court. The juvenile court intake officer shall be appointed a magistrate pursuant to Rule 18, Alabama Rules of Judicial Administration, to issue warrants of arrest for individuals 18 years of age or older committing criminal offenses under the jurisdiction of the juvenile court.
(12) JUVENILE COURT. The juvenile or family court division of the circuit or district court having jurisdiction over matters as provided by this chapter.
(13) JUVENILE DETENTION FACILITY. Any facility owned or operated by the state, any county, or other legal entity licensed by and contracted with the Department of Youth Services for the detention of children.
(14) LAW ENFORCEMENT OFFICER. Any person, however denominated, who is authorized by law to exercise the police powers of the state, a county, or local governments.
(15) LEGAL CUSTODIAN. A parent, person, agency, or department to whom legal custody of a child under the jurisdiction of the juvenile court pursuant to this chapter has been awarded by order of the juvenile court or other court of competent jurisdiction.
(16) LEGAL CUSTODY. A legal status created by order of the juvenile court which vests in a legal custodian the right to have physical custody of a child under the jurisdiction of the juvenile court pursuant to this chapter and the right and duty to protect, train, and discipline the child and to provide the child with food, shelter, clothing, education, and medical care, all subject to the powers, rights, duties, and responsibilities of the legal guardian of the person of the child and subject to any residual parental rights and responsibilities. A parent, person, agency, or department granted legal custody shall exercise the rights and responsibilities personally, unless otherwise restricted by the juvenile court.
(17) LEGAL GUARDIAN. A person who has been appointed by a probate court pursuant to the Alabama Uniform Guardianship and Protective Proceedings Act, Chapter 2A (commencing with Section 26-2A-1) of Title 26 to be a guardian of a person under 19 years of age who has not otherwise had the disabilities of minority removed. This term does not include a guardian ad litem as defined in this section.
(18) MINOR. An individual who is under the age of ears and who is not a child within the meaning of this chapter.
(19) PARENT. The legal mother or the legal father of a child under the jurisdiction of the juvenile court pursuant to this chapter.
(20) PICK-UP ORDER. In any case before the juvenile court, an order directing any law enforcement officer or other person authorized by this chapter to take a child into custody and to deliver the child to a place of detention, shelter, or other care designated by the juvenile court.
(21) PROBATION. The legal status created by order of the juvenile court following an adjudication of delinquency or in need of supervision whereby a child is permitted to remain in a community subject to supervision and return to the juvenile court for violation of probation at any time during the period of probation.
(22) RESIDENTIAL FACILITY. A dwelling, other than a detention or shelter care facility, providing living accommodations, care, treatment, and maintenance for children, including, but not limited to, institutions, foster family homes, group homes, half-way houses, and forestry camps operated, accredited, or licensed by a federal or state department or agency.
(23) RESIDUAL PARENTAL RIGHTS AND RESPONSIBILITIES. Those rights and responsibilities remaining with a parent after a transfer of legal custody of a child under the jurisdiction of the juvenile court pursuant to this chapter, including, but not necessarily limited to, the right of visitation, the right to withhold consent to adoption, the right to determine religious affiliation, and the responsibility for support, unless determined by order of the juvenile court not to be in the best interests of the child.
(24) SECURE CUSTODY. As used with regard to juvenile detention facilities and the Department of Youth Services, this term means residential facilities with construction features designed to physically restrict the movements and activities of persons in custody such as locked rooms and buildings, including rooms and buildings that contain alarm devices that prevent departure; fences; or other physical structures. This term does not include facilities where physical restriction of movement or activity is provided solely through facility staff.
(25) SHELTER CARE. The temporary care of children in group homes, foster care, relative placement, or other nonpenal facilities.
§12-15-107.
(a) For the purpose of carrying out the objectives and purposes of this chapter and subject to the limitations of this chapter or imposed by the juvenile court, a juvenile probation officer shall perform the following duties:
(1) Make investigations, reports, and recommendations to the juvenile court.
(2) Serve as a juvenile court intake officer when designated by the juvenile court judge.
(3) Supervise and assist a child placed on probation or aftercare by order of the juvenile court or other authority of law until the terms of probation or aftercare expire pursuant to subsection (k) of Section 12-15-215, or are otherwise terminated, including pursuant to subsection (k) of Section 12-15-215.
(4) Make appropriate referrals to other private or public departments or agencies of the community if their assistance appears to be needed or desirable consistent with this chapter.
(5) Make predisposition studies and submit reports and recommendations to the juvenile court as required by this chapter.
(6) Collect and compile statistical data and file reports as may be required by the Administrative Director of Courts pursuant to subdivision (1) of Section 12-5-10. The reports may include, but shall not be limited to, statistical data, case studies, and research materials.
(7) Notify the state and either the parent, legal guardian, or legal custodian of a juvenile sex offender, or the child's attorney for the juvenile sex offender, of the pending release of the juvenile sex offender and provide them with a copy of the risk assessment pursuant to subsection (c) of Section 15-20A-26.
(8) Perform other functions as are designated by this chapter or directed by the juvenile court.
(b) For the purposes of this chapter, a juvenile probation officer with the approval of the juvenile court, shall have the power to take into custody and place in shelter or detention, subject to Section 12-15-208, a child who is on probation or aftercare under his or her supervision when the juvenile probation officer has only upon order of the court, pursuant to Section 12-15-215. A juvenile probation officer may request an order to take a child into custody and place the child in the shelter or detention when the juvenile probation officer has reasonable cause to believe that the child has violated the conditions of his or her probation or aftercare, or that he or she may flee from the jurisdiction of the juvenile court. A juvenile probation officer does not have the powers of a law enforcement officer.
§12-15-110.
(a) Subject to the laws relating to the procedures therefor and the limitations thereon, the juvenile court may punish a person for contempt of court for disobeying an order of the juvenile court or for obstructing or interfering with the proceedings of the juvenile court or the enforcement of its orders.
(b) Notwithstanding the provisions of subsection (a), the juvenile court shall be limited in the actions it may take with respect to a child violating the terms and conditions of probation or aftercare as it is defined in Section 12-15-132, to those actions which the juvenile court is permitted to take pursuant to subsection (k) of Section 12-15-215. The juvenile court may not order placement in a residential facility except in accordance with subsection (k) of Section 12-15-215, and shall only make modifications to an order of probation or aftercare consistent with the results of a validated risk and needs assessment pursuant to Section 12-15-221.
(b)(c) Notwithstanding the provisions of subsection (a), the juvenile court shall be limited in the actions it may take with respect to a child violating the terms and conditions of the order of protective supervision as this term is defined in subdivision (5) of Section 12-15-301, to those which the juvenile court could have taken at the time of the original disposition of the juvenile court pursuant to subsection (a) of Section 12-15-314.
(c)(d) A finding of indirect contempt not based on a delinquency petition does not constitute an adjudication of delinquency.
§12-15-117.
(a) Once a child has been adjudicated dependent, delinquent, or in need of supervision, jurisdiction of the juvenile court shall terminate when the child becomes 21 years of age unless, prior thereto, the judge of the juvenile court terminates its jurisdiction by explicitly stating in a written order that it is terminating jurisdiction over the case involving the child. Nothing in this section is intended to affect the initial and continuing jurisdiction of juvenile courts over cases other than delinquency, dependency, or in need of supervision cases as provided in Sections 12-15-114, 12-15-115, 12-15-116, or any other statute by which jurisdiction was initially lawfully invoked.
(b) The jurisdiction of the juvenile court shall terminate when the child is convicted or adjudicated a youthful offender as provided in Section 12-15-203(i) and Section 12-15-204(b). If a person already under the jurisdiction of the juvenile court is convicted or adjudicated a youthful offender in a criminal court of a crime committed at the age of 18 or older, the conviction or adjudication shall terminate the jurisdiction of the juvenile court.
(c)(b) In any case over which the juvenile court has jurisdiction, the juvenile court shall retain jurisdiction over an individual of any age to enforce or modify any prior orders of the juvenile court unless otherwise provided by law and also shall retain jurisdiction for the enforcement or modification of any prior orders of the juvenile court requiring the payment of fines, court costs, restitution, or other money ordered by the juvenile court until paid in full.
(d)(c) For purposes of enforcing any order of the juvenile court requiring the payment of fines, court costs, restitution, or other money ordered by the juvenile court, the remedies with regard to punishment for contempt, including incarceration in jail of individuals 18 years of age or older, shall be available to the juvenile court.
§12-15-119.
(a) After a verified complaint has been filed and before a petition alleging delinquency or in need of supervision is filed, the juvenile court intake officer, subject to the direction of the juvenile court, may shall offer give counsel and advice to the parties child for the purpose of an informal adjustment pursuant to rules of procedure adopted by the Supreme Court of Alabama. if both of the following are satisfied:
(1) The complaint alleges that the child has either committed a misdemeanor not involving a deadly weapon as defined in Section 13A-1-2 or is a child in need of supervision.
(2) The child has fewer than two prior adjudications of delinquency or as a child in need of supervision.
(b) In addition to informal adjustment offers made under subsection (a), the juvenile court intake officer may offer an informal adjustment to any other child.
(c) The juvenile court intake officer shall not assess or collect a fine, fee, or other financial obligation as part of an informal adjustment.
§12-15-120.
(a) Delinquency, child in need of supervision, and dependency cases and proceedings pursuant to Section 12-15-132 before the juvenile court shall be initiated by the filing of a petition by the juvenile court intake officer who shall receive verified complaints and proceed thereon pursuant to rules of procedure adopted by the Supreme Court of Alabama.
(b) A petition alleging that a child is a delinquent child, dependent child, or a child in need of supervision shall not be filed by a juvenile court intake officer unless the juvenile court intake officer has determined and endorsed upon the petition that the juvenile court has subject matter jurisdiction and venue over the case and that the filing of the petition is in the best interests of the public and the child. all of the following are satisfied:
(1) The juvenile court has subject matter jurisdiction and venue over the case.
(2) The child does not meet the informal adjustment criteria defined in subsection (a) of Section 12-15-119 or the child has rejected an offer of informal adjustment.
(3) The filing of the petition is in the best interests of the public and the child.
(c) A petition alleging that a child is in need of supervision for habitual truancy shall not be filed unless a juvenile court intake officer has determined, and endorsed upon the petition, that the school made reasonable efforts to engage the child in an early warning truancy prevention program.
(d) Absent serious threats to school safety, when a petition is filed based upon acts committed on school grounds during the school day, information shall be included in the petition which shows all of the following:
(1) The steps the school has taken to resolve the expressed problem through available educational approaches.
(2) That the school has sought to engage the parents or guardian in solving the problem but they have been unwilling or unable to do so.
(3) That the child has not responded to such approaches and continues to engage in offending behavior.
(4) That court intervention is needed.
§12-15-121.
(a) A Subject to the provisions of Section 12-15-120, a juvenile petition alleging delinquency, in need of supervision, or dependency may be signed by any person 18 years of age or older, other than a juvenile court intake officer, who has knowledge of the facts alleged or is informed of them and believes that they are true. However, the person signing a dependency petition, in the petition or in an attached affidavit, shall give information, if reasonably ascertainable, as required in Section 30-3B-209.
(b) A petition shall be entitled "In the matter of _____, a child" and shall be made under oath.
(c) The petition shall set forth with specificity all of the following:
(1) The facts which bring the child under the jurisdiction of the juvenile court, the facts constituting the alleged dependency, delinquency, or need of supervision and the facts showing that the child is in need of supervision, treatment, rehabilitation, care, or the protection of the state, as the case may be.
(2) The name, age, and residence address, if known, of the child on whose behalf the petition is brought.
(3) The names and residence addresses, if known to the petitioner, of the parent, legal guardian, or legal custodian of the child. If no parent, legal guardian, or legal custodian resides or can be found within the state or if their respective places of residence are unknown, the name of any known adult relative residing within the county or, if there be none, the known adult relative residing nearest to the location of the juvenile court.
(4) The place of detention of the child and the time he or she was taken into custody, if the child in custody is alleged to be delinquent or in need of supervision.
(5) The facts showing that a child who is alleged to be in need of supervision for habitual truancy has been given the opportunity by the school to engage in an early warning truancy prevention program in either the school or home setting prior to the filing of the petition, and, as appropriate, the facts establish that the criteria provided in subsection (d) of Section 12-15-120 have been met.
(d) When any of the facts required by subsection (c) are not known, except the facts required by subdivision (4) of subsection (c), the petition shall so state.
§12-15-126.
If it appears from a sworn statement, written or verbal, presented to the juvenile court that a child needs to be placed in detention pursuant to the criteria provided in Section 12-15-128, or shelter or other care, the juvenile court may issue a pick-up order that a law enforcement officer or other person authorized by this chapter shall at once take the child into custody and take him or her to the place of detention or shelter or other care designated by the juvenile court.
§12-15-127.
(a) A person taking a child into custody without an order of the juvenile court shall, with all possible speed, and in accordance with this chapter and the rules of court pursuant thereto:
(1) Release the child to the parents, legal guardian, or legal custodian of the child or other suitable person able to provide supervision and care for the child and issue verbal counsel and warning as may be appropriate.
(2) Release the child to the parents, legal guardian, or legal custodian of the child upon his or her promise to bring the child before the juvenile court when requested, unless the placement of the child in detention or shelter care appears required pursuant to the criteria provided in Section 12-15-128. If a parent, legal guardian, or other legal custodian fails, when requested, to bring the child before the juvenile court as provided in this section, the juvenile court may issue an order directing that the child be taken into custody and brought before the juvenile court, in accordance with subsection (b).
(3) Bring the child, if not released, to the place designated by the juvenile court and give written notice of the action taken and the reasons for taking the child into custody to the juvenile court intake officer, to the parent, legal guardian, or other legal custodian of the child, and, in the case of dependency, to the Department of Human Resources.
(b) Prior to authorizing the admission of the child to detention, shelter, or other care, the juvenile court intake officer, on an allegation of delinquency or in need of supervision or of dependency, shall administer a detention risk assessment tool to any child who is under consideration for placement in detention, developed pursuant to Section 2 of the act adding this amendatory language and review the need for detention or shelter care, including reviewing the written notice of the person who took the child into custody without an order of the juvenile court and the results of the detention risk assessment tool, and shall direct the law enforcement officer or other person currently having the child in custody to release the child unless detention or shelter care is required pursuant to Section 12-15-128. The juvenile court intake officer may allow release with or without electronic or telephone monitoring pending the 72-hour hearing requirement.
(c) A person taking a child or minor into custody pursuant to subdivision (3) of subsection (a) of Section 12-15-125 shall bring the child or minor to a medical or mental health facility if the child or minor is believed to be suffering from a serious mental health condition, illness, or injury which requires either prompt treatment or prompt diagnosis for the welfare of the child or minor or for evidentiary purposes, and, in the most expeditious manner possible, give notice of the action taken together with a statement of taking the child or minor into custody in writing to the court, the parents, legal guardian or other legal custodian and to the intake office and to the Department of Human Resources in the case of a dependency allegation.
§12-15-128.
(a) It is the intent of the Legislature that a child who is alleged to be delinquent shall only be placed in detention in those circumstances that indicate that detention is necessary to protect public safety from an imminent risk. Detention shall not be used for the purposes of rehabilitation. Where a child alleged to be delinquent is placed in detention, the length of a child's stay in detention should be short.
(a)(b) An allegedly delinquent child, dependent child, or child in need of supervision lawfully taken into custody shall immediately be released, upon the ascertainment of the necessary facts, to the care, custody, and control of the parent, legal guardian, or legal custodian of the child or other suitable person able to provide supervision and care for the child, unless the juvenile court or juvenile court intake officer, subject to the limitations in Section 12-15-208, finds any scores the child as eligible for detention on a statewide detention risk assessment tool, developed pursuant to Section 2 of the act adding this amendatory language and also finds one or more of the following:
(1) The child has no parent, legal guardian, legal custodian, or other suitable person able to provide supervision and care for the child.
(2) The release of the child would present a clear and substantial threat of a serious nature to the person or property of others and where the child is alleged to be delinquent.
(3) The release of the child would present a serious threat of substantial harm to the child.
(4)(3) The child is at risk of failing to appear at a future court hearing based upon a recent has a history record of failing to appear for hearings before the juvenile court.
(5) The child is alleged to be delinquent for possessing a pistol, short-barreled rifle, or short-barreled shotgun, in which case the child may be detained in a juvenile detention facility until the hearing required by Section 12-15-207. Pistol as used in this section shall be as defined in subdivision (1) of Section 13A-11-70. Short-barreled rifle and short-barreled shotgun as used in this section shall be as defined in Section 13A-11-62.
(c) Detention shall not be used as a result of a parent or guardian avoiding his or her legal responsibility to provide supervision and care for the child.
(d) A child alleged to be in need of supervision shall not be placed in detention except pursuant to Section 12-15-208.
(b)(e) The criteria for continuing the allegedly delinquent child or child in need of supervision in detention or shelter or other care, or for continuing the allegedly dependent child in shelter or other care, as set forth in subsection (a) shall govern the decisions of all persons involved in determining whether the continued detention or shelter care is warranted pending juvenile court disposition and those criteria shall be supported by clear and convincing evidence in support of the decision not to release the child.
(f) Prior to the decision to continue the allegedly delinquent child in detention, the court shall consider and make written findings of fact as to whether each of the following options is inappropriate:
(1) Release to the child's parents, guardian, or custodian on the juvenile's promise to appear.
(2) Release to the child's parents, guardian, or custodian upon written assurance to secure the youth's presence at the next hearing.
(3) Release to the care of a custodian or state agency, other than a residential facility, able to assist the juvenile to appear at the next hearing.
(4) Release of the child with imposition of restrictions on activities, associations, movements, and residence related to securing the child's appearance at the next hearing.
(5) Release of the child with required participation in a home detention program or other non-custodial, non-residential alternative to detention.
(6) Imposition of any other restrictions other than detention reasonably related to securing the appearance of the child at the next hearing.
(c)(g) In releasing a child, a juvenile court or the juvenile court intake officer may impose restrictions on the travel, association, or place of abode of the child or place the child under the supervision of a department, agency, or organization agreeing to supervise him or her, and may place the child under supervision such as electronic or telephone monitoring, if available. A child, once placed in detention, may also be released pursuant to the same conditions should there be a need to release the child from a juvenile detention facility because of an overcrowded population.
§12-15-132.
(a) A child on probation or aftercare incident to an adjudication as a delinquent child or a child in need of supervision who violates the terms of his or her probation or aftercare may be proceeded against for a revocation of the order only in accordance with subsection (k) of Section 12-15-215.
(b) A proceeding to revoke probation or aftercare shall be commenced by the filing of a petition entitled
petition to revoke probation" or "petition to revoke aftercare." Except as otherwise provided, these petitions shall be screened, reviewed, and prepared in the same manner and shall contain the same information as provided in Sections 12-15-120 and 12-15-121. The petition shall recite the date that the child was placed on probation or aftercare and shall state the time and manner in which notice of the terms of probation or aftercare was given.
(c) Probation or aftercare revocation proceedings shall require clear and convincing evidence. In all other respects, proceedings to revoke probation or aftercare shall be governed by the procedures, safeguards, and rights and duties applicable to delinquency and child in need of supervision cases contained in this chapter.
(d) If a child is found to have violated the terms of his or her probation or aftercare pursuant to a revocation hearing, the juvenile court may extend the period of probation or aftercare or make any other order of disposition specified for a child adjudicated delinquent or in need of supervision pursuant to Section 12-15-215, except that the juvenile court may not place a child in a residential facility or secure custody except pursuant to subsection (k) of Section 12-15-215.
(e) A violation of probation for a child in need of supervision is not an adjudication of delinquency.
§12-15-203.
(a) A prosecutor, before a hearing on a delinquency petition on its merits and after notifying, verbally or in writing, the juvenile probation officer, may file a motion requesting the juvenile court judge to transfer a child for criminal prosecution to the circuit or district court, if the child was 14 or more years of age at the time of the conduct charged and is alleged to have committed an act which would constitute one of the following offenses: a criminal offense as defined by this code if committed by an adult.
(1) A Class A felony.
(2) A felony resulting in serious physical injury as defined in subdivision (14) of Section 13A-1-2.
(3) A felony involving deadly physical force as defined in subdivision (6) of Section 13A-1-2.
(4) A felony involving a deadly weapon as defined in subdivision (7) of Section 13A-1-2.
(5) A felony involving a dangerous instrument as defined in subdivision (5) of Section 13A-1-2.
(6) A Class A or B felony or burglary in the third degree as provided in Section 13A-7-7 involving a residence and the child has previously been adjudicated delinquent of two previous acts which would have been a Class A or B felony or burglary in the third degree involving a residence if the acts had been committed by an adult.
(b) The juvenile court judge shall conduct a hearing on all motions for the purpose of determining whether it is in the best interests of the child or the public to grant the motion. Only if there are no reasonable grounds to believe the child is committable to an institution, department, or agency for individuals with an intellectual disability or mental illness, may the juvenile court judge order the case transferred for criminal prosecution.
(c) When there are grounds to believe that the child is committable to an institution, department, or agency for individuals with an intellectual disability or mental illness, the juvenile court judge shall order an examination pursuant to Section 12-15-130.
(d) Evidence of the following and other relevant factors shall be considered in determining whether the motion shall be granted:
(1) The nature of the present alleged offense.
(2) The extent and nature of the prior delinquency record of the child.
(3) The nature of past treatment efforts and the nature of the response of the child to the efforts.
(4) Demeanor.
(5) The extent and nature of the physical and mental maturity of the child.
(6) The interests of the community and of the child requiring that the child be placed under legal restraint or discipline.
(e) Prior to a hearing on the motion by the prosecutor, a written study and report to the juvenile court judge, relevant to the factors listed in subsection (d), shall be made by a juvenile probation officer.
(f) When a child is transferred for criminal prosecution, the juvenile court judge shall set forth in writing his or her reasons for granting the motion, which shall include a finding of probable cause for believing that the allegations are true and correct.
(g) The finding of probable cause by the juvenile court judge shall preclude the necessity for a preliminary hearing subsequent to the transfer of the case for criminal prosecution, and the court having jurisdiction of the offense or offenses charged may exercise any authority over the case and the child, subsequent to the transfer, which is otherwise applicable to cases involving adult offenders pursuant to provisions of laws or rules of procedure adopted by the Supreme Court of Alabama.
(h) A child who is transferred to a court for criminal prosecution shall be tried as an adult for the offense charged arising from the same facts and circumstances and committed at the same time as the offense charged and all lesser included offenses of the offense charged.
(i) A conviction or adjudication as a youthful offender of a child of a criminal offense, with the exception of a nonfelony traffic offense, shall terminate the jurisdiction of the juvenile court over that child with respect to any future delinquent acts and with respect to any pending allegations of delinquency which have not been disposed of by the juvenile court at the time of the criminal conviction or adjudication as a youthful offender. Any pending or future criminal acts committed by the child shall be prosecuted as other criminal charges are prosecuted. Termination of the jurisdiction of the juvenile court over the child with respect to future criminal charges and pending allegations of delinquency, as provided herein, shall not affect the jurisdiction of the juvenile court over the child with respect to any other matter provided in this chapter, specifically including any prior allegations of delinquency which, at the time of the criminal conviction, has been disposed of by the juvenile court either through informal adjustment, consent decree, or adjudication. The juvenile court is specifically authorized, to the extent practicable, to continue exercising its jurisdiction over the child with respect to such previously disposed delinquency cases after the termination of its jurisdiction with respect to other criminal charges, including jurisdiction to enforce its order requiring the payment of fines, costs, restitution, or other money ordered by the juvenile court pursuant to Section 12-15-117.
§12-15-204.
(a) Notwithstanding any other provision of law, any person who has attained the age of 16 years at the time of the conduct charged and who is charged with the commission of any act or conduct, which if committed by an adult would constitute any of the following, shall not be subject to the jurisdiction of juvenile court but shall be charged, arrested, and tried as an adult:
(1) A capital offense.
(2) A Class A felony. Murder as defined in Section 13A-6-2.
(3) A felony which has as an element thereof the use of a deadly weapon. Rape in the first degree as defined in Section 13A-6-61 with a deadly weapon.
(4) A felony which has as an element thereof the causing of death or serious physical injury. Robbery in the first degree with a deadly weapon as defined in subdivision (a)(1) of Section 13A-8-41.
(5) A felony which has as an element thereof the use of a dangerous instrument against any person who is one of the following:
a. A law enforcement officer or official.
b. A correctional officer or official.
c. A parole or probation officer or official.
d. A juvenile court probation officer or official.
e. A district attorney or other prosecuting officer or official.
f. A judge or judicial official.
g. A court officer or official.
h. A person who is a grand juror, juror, or witness in any legal proceeding of whatever nature when the offense stems from, is caused by, or is related to the role of the person as a juror, grand juror, or witness.
i. A teacher, principal, or employee of the public education system of Alabama.
(6) Trafficking in drugs in violation of Section 13A-12-231, or as the same may be amended.
(7)(5) Any lesser included offense of the above offenses charged or any lesser felony offense charged arising from the same facts and circumstances and committed at the same time as the offenses listed above. Provided, however, that the juvenile court shall maintain original jurisdiction over these lesser included offenses if the grand jury fails to indict for any of the offenses enumerated in subsections subdivisions (a)(1) to (a)(6)(4), inclusive. The juvenile court shall also maintain original jurisdiction over these lesser included offenses, subject to double jeopardy limitations, if the court handling criminal offenses dismisses all charges for offenses enumerated in subsections subdivisions (a)(1) to (a)(6)(4), inclusive.
(b) Notwithstanding any other provision of law, any person who has been convicted or adjudicated a youthful offender in a court handling criminal offenses pursuant to the provisions of this section shall not thereafter be subject to the jurisdiction of juvenile court for any pending or subsequent offense. Provided, however, pursuant to Section 12-15-117, the juvenile court shall retain jurisdiction over an individual of any age for the enforcement of any prior orders of the juvenile court requiring the payment of fines, court costs, restitution, or other money ordered by the juvenile court until paid in full.
(c)(b) This section shall apply to all cases in which the alleged criminal conduct occurred after April 14, 1994. All conduct occurring before April 14, 1994, shall be governed by pre-existing law.
§12-15-207.
(a)(1) When a child is not released from detention or shelter care as provided in Section 12-15-127, a petition shall be filed and a hearing held within 72 hours of placement in detention or shelter care, Saturdays, Sundays, and holidays included, to determine probable cause and to determine whether or not continued detention or shelter care is required.
(2) The filing of a petition under this section does not abrogate the duty of the intake officer to determine whether a child is required to be offered an informal adjustment pursuant to Section 12-15-119.
(b) Notice of the detention or shelter care hearing, either verbal or written, stating the date, time, place, and purpose of the hearing and the right to counsel shall be given by a juvenile probation officer to the parent, legal guardian, or legal custodian if they can be found and to the child if the child is over 12 years of age .
(c) At the commencement of the detention or shelter care hearing, the juvenile court shall advise the parent, legal guardian, legal custodian, and the parties of the right to counsel and shall appoint counsel if the juvenile court determines they are indigent. The parties shall be informed of the right of the child to remain silent. The parent, legal guardian, legal custodian, and the parties shall also be informed of the contents of the petition and, except as provided herein, shall be given an opportunity to admit or deny the allegations of the petition. Prior to the acceptance of an admission of the allegations of the petition, the juvenile court shall: (1) Verify if the child was previously convicted or adjudicated a youthful offender pursuant to Section 12-15-203 or (2) rule on any motion of the prosecutor requesting the juvenile court to transfer the child for criminal prosecution. The juvenile court shall not accept a plea of guilt or an admission to the allegations of the petition in any case in which the child will be transferred for prosecution as an adult, either by grant of the motion of the prosecutor to transfer or pursuant to Section 12-15-203.
(d) All relevant and material evidence helpful in determining the need for detention or shelter care may be admitted by the juvenile court even though not admissible in subsequent hearings, including the results of a detention risk assessment.
(e) If the child is not released and no parent, legal guardian, or other legal custodian has been notified and none appeared or waived appearance at the hearing, upon the filing of an affidavit by the parent, legal guardian, or legal custodian stating these facts and requesting a hearing, the juvenile court shall rehear the matter within 24 hours
(f) If a person 18 years of age or older is alleged to have violated a condition of probation or aftercare after the person was adjudicated to be delinquent, and that person is eligible for detention pursuant to subsection (b) of Section 12-15-128, the juvenile court may order that the person be confined in the appropriate jail or lockup for adults as ordered by the juvenile court pursuant to the criteria listed in Section 12-15-208.
(g) Video conferencing may be used to conduct a detention hearing unless one or more party objects and the court finds good cause to hold the hearing in person.
§12-15-209.
(a) When the juvenile court finds, pursuant to subsection (b) of Section 12-15-128, that full-time detention or shelter care of a child is not required, the juvenile court shall order the release of the child, and in so doing, may impose one or more of the following conditions:
(1) Place the child in the custody of a parent, legal guardian, legal custodian, or any other person whom the juvenile court deems proper, or place the child with a department, agency, or organization agreeing to supervise the child.
(2) Place restrictions on the travel, association, or place of abode of the child during the period of his or her release, or place the child under electronic or telephone monitoring, if available.
(3) Impose any other condition deemed reasonably necessary and consistent with the criteria for detaining children specified in Section 12-15-128, including other than a condition requiring that the child return to custody or be placed in a residential facility except as otherwise provided for by law as required.
(b) An order releasing a child on any conditions specified in subsection (a) may at any time be amended to impose additional or different conditions of release or to return the child to custody for failure to appear before the court when required or if the court finds the child presents a clear and substantial threat of a serious nature to the person or property of others conform to the conditions originally imposed.
§12-15-211.
(a) The juvenile court may suspend delinquency or child in need of supervision proceedings pursuant to a consent decree. The terms and conditions of the consent decree shall be agreed to by the child and his or her parent, legal guardian, or legal custodian. The consent decree shall be entered at any time after the filing of a delinquency or child in need of supervision petition and before the entry of an adjudication order. The child and his or her parent, legal guardian, or legal custodian shall be advised of their rights, including the right to counsel.
(b) Where an objection is made by the prosecutor, the juvenile court, after considering the objection and the reasons therefor, shall proceed to determine whether it is appropriate to enter a consent decree.
(c) A Unless the child is discharged sooner by the juvenile court, a consent decree shall remain in force for a limited duration as follows: six months unless the child is discharged sooner by the juvenile court. Upon application of a juvenile probation officer or other department or agency supervising the child, made before the expiration of the six-month period, a consent decree may be extended by the juvenile court for an additional six months.
(1) For a child in need of supervision offense, a period not to exceed three months.
(2) For an offense which would constitute a misdemeanor if it were committed by an adult, a period not to exceed six months.
(3) For an offense which would constitute a Class C or D felony if it were committed by an adult, a period not to exceed nine months.
(4) For an offense which would constitute a Class A or B felony if it were committed by an adult, a period not to exceed 12 months.
(d) If prior to discharge by the juvenile probation officer or expiration of the consent decree, a new delinquency or child in need of supervision petition is filed against the child, or the child otherwise fails to fulfill express terms and conditions of the decree, the petition under which the child was continued under supervision may be reinstated after a hearing and the case may proceed to adjudication.
(e) Upon satisfaction by the child of the conditions of the consent decree or upon the child being otherwise discharged by the juvenile court, the petition shall be dismissed with prejudice.
(f) No fine, fee, or court cost shall be assessed against a child as part of a consent decree.
§12-15-215.
(a) If the juvenile court finds on proof beyond a reasonable doubt, based upon competent, material, and relevant evidence, that a child committed the acts by reason of which the child is alleged to be delinquent or in need of supervision, it may proceed immediately to hear evidence as to whether the child is in need of care or rehabilitation and to file its findings thereon. In the absence of evidence to the contrary, a finding that the child has committed an act which constitutes a felony is sufficient to sustain a finding that the child is in need of care or rehabilitation. If the juvenile court finds that the child is not in need of care or rehabilitation, it shall dismiss the proceedings and discharge the child from any detention or other temporary care theretofore ordered. If the juvenile court finds that the child is in need of care or rehabilitation, it may make any of the following orders or dispositions, subject to the limitations and prohibitions of this section, and the limitations on secure custody and placement in a residential facility contained in Section 12-15-208 and Section 12-15-110:
(1) Permit the child to remain with the parent, legal guardian, or other legal custodian of the child, subject to the conditions and limitations the juvenile court may prescribe in accordance with this section.
(2) Place the child on probation pursuant to conditions and limitations the juvenile court may prescribe in accordance with this section.
(3) Transfer legal and physical custody to any of the following:
a. The Department of Youth Services, with or without an order to a specific institution.
1. A child shall be eligible for placement with the department only upon adjudication under this section for either of the following:
(i) A Class A, B, or C that is not for drug possession.
(ii) A. A Class C felony that is for drug possession, a Class D felony, or a misdemeanor; and
B. The child has at least four prior felony or misdemeanor adjudications arising from separate incidents.
2. The court may only suspend an order of custody to the Department of Youth Services or a residential facility upon disposition if the child meets the criteria defined in subparagraph (a)(3)a.1.
3. If the court issues a suspended order under subparagraph (a)(3)a.2., the court may only impose that suspended order upon adjudication of a subsequent delinquent offense or upon adjudication of a substantive probation violation.
(i) A substantive probation violation occurs when there is a willful failure to comply with a condition of probation that satisfies all of the following:
A. Is included by the disposing court, in writing, as a special condition ordered in accordance with the results of a validated risk and needs assessment.
B. Does not amount to a general condition.
C. Is identified in writing as a condition the violation of which allows the court to lift suspension of the child's sentence.
4. The court may not order specific conditions that the child must complete prior to release from custody of the department. In making an order of commitment to the department, the juvenile court may make recommendations regarding programs or conditions, but those recommendations shall not be binding upon the department.
5. The court may not order a determinate sentence for a child committed to custody of the department, except upon a finding that the child is a serious juvenile offender pursuant to Section 12-15-219.
b. In the case of a child in need of supervision, the Department of Youth Services, or the Department of Human Resources; provided however 1. that prior to any transfer of custody to the Department of Human Resources, the case shall first be referred to the county children's services facilitation team, which must proceed according to Article 5; and 2. that the child's commission of one or more status offenses shall not constitute a sufficient basis for transfer of legal or physical custody to the Department of Human Resources. Upon referral to the county children's services facilitation team, the juvenile probation officer shall continue to provide case management to the status offender unless the county children's services facilitation team appoints another person to act as case manager. The juvenile probation officer shall participate in county children's services facilitation team meetings and share records information and reports on the status offender with the county children's services facilitation team. When the juvenile court transfers legal and physical custody to the Department of Human Resources, all requirements which shall be met for a child to be eligible for federal funding shall apply, including, but not limited to, the requirements set out in Sections 12-15-312, 12-15-315, and 12-15-317.
c. A local, public, or private agency, organization, or facility willing and able to assume the education, care, and maintenance of the child and which is licensed or otherwise authorized by law to receive and provide care for children. Any order of placement under this subsection to a residential facility or secure custody as defined in Section 12-15-102 shall adhere to the placement eligibility criteria defined in paragraph (a)(3)a., except where the proceedings are pursuant to Article 3 of Chapter 15 of this title or Article 4 of Chapter 15 of this title.
d. During the term of supervision, a relative or other individual who is found by the juvenile court to be qualified to receive and care for the child.
e. This subdivision applies to a child not in the legal or physical custody of the Department of Youth Services but ordered to be placed in a residential facility operated by the Department of Youth Services.
(4) Make any other order that does not place a child in a residential facility or secure custody as defined in Section 12-15-102 as the juvenile court in its discretion shall deem to be for the welfare and best interests of the child consistent with the results of a validated risk and needs assessment, including random drug screens, assessment of fines not to exceed two hundred fifty dollars ($250), and restitution against the parent, legal guardian, legal custodian, or child, as the juvenile court deems appropriate. Costs for juvenile court-ordered drug screening may not be ordered against the child but may be ordered paid for by the state out of moneys appropriated as "court costs not otherwise provided for." Restitution against the parent, legal guardian, legal custodian, or child shall be governed by the same principles applicable in the Restitution to Victims of Crime Act, commencing with Section 15-18-65, except that restitution may only be assessed for material loss, which means uninsured property loss, uninsured out-of-pocket monetary loss, uninsured lost wages, and uninsured medical expenses.
(5) Direct the parent, legal guardian, or legal custodian of the child to perform reasonable acts as are deemed necessary to promote the best interests of the child.
(6) In any case where a child is adjudicated delinquent for possessing a pistol, short-barreled rifle, or short-barreled shotgun, any pistol, short-barreled rifle, or short-barreled shotgun possessed by that child is forfeited and shall be ordered to be destroyed by the juvenile court.
(b) No child by virtue of a disposition pursuant to this section shall be committed or transferred to a penal institution or other facility used for the execution of sentences of persons convicted of a crime.
(c) No child in need of supervision, unless also a delinquent child, shall be ordered to be placed in an institution or facility established for the care and rehabilitation of delinquent children unless the juvenile probation officer submits a written recommendation and the juvenile court finds upon a further hearing that the child is not amenable to treatment or rehabilitation pursuant to any prior disposition.
In determining if a child is not amenable to treatment or rehabilitation, the juvenile court shall consider evidence of the following and other relevant factors:
(1) Prior treatment efforts, such as, but not limited to:
a. Mental health counseling, if any.
b. Individualized educational plans, if any.
c. Other educational records.
d. Individualized service plans, if any.
(2) The age of the child.
(3) The history of the child being involved with the juvenile court, including, but not limited to, informal adjustments, consent decrees, adjudications, and prior placements.
(4) Other factors contributing to the behavioral difficulties of the child.
The written recommendations of the juvenile probation officer shall include evidence of the foregoing and other relevant factors.
(d) When a delinquent child may be committable to the Department of Mental Health, the juvenile court shall proceed as provided in Article 4, commencing with Section 12-15-401.
(e) Whenever the juvenile court vests legal custody in an agency or department, it shall transmit with the order copies of the clinical reports, predisposition study, and other information it has pertinent to the care and treatment of the child.
(f) When a child is placed in the legal custody of a department, agency, organization, entity, or person as provided in this section, when the parent, legal guardian, or legal custodian of the child has resources for child support, the juvenile court shall order child support in conformity with the child support guidelines as set out in Rule 32, Alabama Rules of Judicial Administration. The child support shall be paid to the department, agency, organization, entity, or person in whose legal custody the child is placed and may be expended for those matters that are necessary for the welfare and well-being of those children placed in the departments, agencies, organizations, entities, or persons. In these cases, the juvenile court shall issue income withholding orders subject to state law.
(g) Whenever the juvenile court commits a child to a state or local department or agency or orders a state or local department or agency to provide services or treatment for a child, that department or agency shall accept the child for commitment, ordered services, or treatment within seven days of the order of the juvenile court. Notwithstanding the foregoing, if compliance with the order of the juvenile court within seven days, including Section 44-1-24, would place a department or agency in violation of either a state statute or standard, then compliance is not required.
(h)(1) The total length of supervision, from initial disposition to final discharge, including any time spent on probation, in placement, in custody, or on aftercare, including any extensions for violations of probation or aftercare, shall be limited by offense level as follows:
a. For a child adjudicated as a child in need of supervision, supervision shall not exceed nine months.
b. For a child adjudicated delinquent for an offense which would be a misdemeanor if it were committed by an adult, supervision shall not exceed 12 months.
c. For a child adjudicated delinquent for an offense which would be a Class C or D felony if it were committed by an adult, supervision shall not exceed 15 months.
d. For a child adjudicated delinquent for an offense which would be a Class A or B felony if it were committed by an adult, a period not to exceed 18 months, except that for those offenses for which a child would be automatically transferred pursuant to Section 12-15-204 if the child was 16 or 17 years old, the limitation does not apply.
(2) For the purposes of this subsection, a child's maximum length of supervision shall not be more than that permitted for the most serious adjudicated charge arising from a single incident.
(3) For the purposes of this subsection, if a child is adjudicated on multiple charges, the court may not apply the maximum length of supervision for the charges consecutively. If a child is adjudicated for multiple cases simultaneously, the court shall apply the maximum length of supervision for all charges concurrently.
(4) For the purposes of this subsection, in the event of an unauthorized leave lasting more than 24 hours, the period of supervision shall be tolled until the minor is located.
(i) The court may not order against any child any fine, fee, or court cost. Any local law that requires or allows the assessment of any fine, fee, or court cost against a child, including supervision fees, shall be superseded by this section and may not be assessed or collected.
(j) Upon release from custody of the Department of Youth Services, the court may place a child on aftercare supervision, pursuant to Section 44-1-36, for up to six months, except that where the commitment was for those offenses for which a child would be automatically transferred pursuant to Section 12-15-204 if the child was 16 or 17 years old, the six-month limitation does not apply.
(k) In issuing an order of probation pursuant to subdivision (a)(2), the juvenile court shall only issue orders that adhere to the following limitations:
(1) Probation conditions shall be individualized and based on the results of a validated risk and needs assessment pursuant to Section 10 of the act adding this amendatory language.
(2)a. Probation length shall determined based on the most serious adjudicated offense arising from the facts before the court, and shall be limited as follows:
1. For a child adjudicated as a child in need of supervision, the court may order no more than three months of probation.
2. For a child adjudicated delinquent for an offense that would be a misdemeanor offense if it were committed by an adult, the court may order no more than six months of probation.
3. For a child adjudicated delinquent for an offense that would be a Class C or D felony if it were committed by an adult, the court may order no more than nine months of probation.
4. For a child adjudicated delinquent for an offense that would be a Class A or B felony if it were committed by an adult, the court may order no more than 12 months of probation.
b. Only a new adjudication, other than an adjudication for a violation of probation or aftercare, may result in a new period of probation pursuant to the limitations in this subsection.
c. For the purposes of this subsection, in the event of an unauthorized leave lasting more than 24 hours, the period of probation shall be tolled until the child is located.
(3)a. Probation length may only be extended beyond the timeframes outlined in subdivision (k)(2) to allow the child to complete an evidence-based treatment program that the child has already begun at the time of the extension request.
b. Probation length may not be extended for violations of probation or for non-payment of fines, fees, court costs, or restitution.
(4) Any modification of supervision conditions must be consistent with the results of a validated risk and needs assessment, pursuant to Section 10 of the act adding this amendatory language and Section 12-15-221.
(5) The court may not order that a child be placed in secure custody or a residential facility upon violation of probation or aftercare, except in accordance with subparagraph (a)(3)a.2. and as follows:
a. The court may order a youth to detention as follows upon a finding that probation has been violated:
1. For up to 24 hours on a first violation.
2. For up to 48 hours on a second or subsequent violation.
(6) No placement in a residential facility or detention may be ordered for non-payment of fines, fees, court costs, or restitution.
§12-15-221.
(a) An order awarding legal custody or an order of probation made by the juvenile court in the case of a child may be modified, revoked, or extended on motion by:
(1) A child, whose legal custody has been transferred to a department, institution, agency, or person, requesting the juvenile court for a modification or termination of the order, alleging that the child is no longer in need of placement or probation and the department, institution, agency, or person has denied application for release of the child or has failed to act upon the application within a reasonable time; or
(2) A department, institution, agency, or person vested with legal custody or responsibility for probation, requesting the juvenile court for a modification, an extension, or a termination of the order on the grounds that the action is in the best interests of the child or necessary to safeguard the welfare of the child or the public interest.
(b) The juvenile court may dismiss the motions filed pursuant to subsection (a) if, after preliminary investigation, it finds that they are without substance. If the juvenile court is of the opinion that the order should be reviewed, upon due notice to all necessary parties as prescribed by rules of court, it may proceed to a hearing in the same manner and under the same safeguards provided for in this chapter for the issuance of the original order. It may thereupon terminate the order if it finds the child is no longer in need of care or rehabilitation or it may enter an order extending or modifying the original order if it finds this action necessary to safeguard the child or the public interest.
(c) The juvenile court shall only extend probation or add additional conditions upon adjudication of a violation of probation and consistent with the results of a validated risk and needs assessment as provided in subsection (k) of Section 12-15-215.
(d) The juvenile court shall dismiss any motion filed pursuant to subsection (a) if, after preliminary investigation, it finds that an extension requested in the motion would exceed the overall supervision length defined in subsection (h) of Section 12-15-215 or probation length as defined in subsection (k) of Section 12-15-215 or that an extension or modification is not consistent with the results of a validated risk and needs assessment pursuant to Section 10 of the act adding this amendatory language.
§12-15-701.
(a) For the purposes of this section, sexually exploited child shall mean an individual under the age of 18 years who is under the jurisdiction of the juvenile court and who has been subjected to sexual exploitation because he or she is any of the following:
(1) A victim of the crime of human trafficking sexual servitude as provided in Section 13A-6-150, et seq.
(2) Engaged in prostitution as provided in Section 13A-12-120 or 13A-12-121.
(3) A victim of the crime of promoting prostitution as provided in Section 13A-12-111, 13A-12-112, or 13A-12-113.
(b) A sexually exploited child may not be adjudicated delinquent or convicted of a crime of prostitution as provided in Section 13A-12-120 or 13A-12-121, or any municipal ordinance prohibiting such acts.
(c) In any proceeding based upon a child's arrest for an act of prostitution, there is a presumption that the child satisfies the definition of a sexually exploited child as provided in this section.
(d) If a law enforcement officer or a person seeks to file a complaint against a child for an offense of prostitution as provided in Section 13A-12-120 or 13A-12-121, the juvenile court intake officer shall evaluate the complaint to determine if the child is a sexually exploited child and could have another complaint filed stating that the child is alleged to be in need of supervision or alleged to be dependent, and not a child alleged to be delinquent, pursuant to Rule 12 of the Alabama Rules of Juvenile Procedure. A juvenile probation officer who is designated to be a juvenile court intake officer may shall determine if a child alleged to be in need of supervision is appropriate for an informal adjustment pursuant to Section 12-15-119 Rule 15 of the Alabama Rules of Juvenile Procedure.
(e) If a petition alleging that a sexually exploited child is in need of supervision or is dependent is filed, a sexually exploited child may be adjudicated a child in need of supervision or a dependent child pursuant to Section 12-15-102(4) and (8). Once the sexually exploited child is adjudicated, the juvenile court shall retain jurisdiction over the sexually exploited child and may enforce prior orders requiring payment of court-ordered monies pursuant to Section 12-15-117. The juvenile court may issue any requisite order or conduct any hearing necessary to protect the health or safety of a sexually exploited child that is determined to be in the best interests of the child. The juvenile court may also, on an emergency basis, enter an order of protection or restraint to protect the health or safety of a sexually exploited child.
(f) A sexually exploited child who commits an act of prostitution as provided in Section 13A-12-120 or 13A-12-121 may not be transferred from the jurisdiction of juvenile court to any adult court pursuant to Section 12-15-203, except in those cases where the child has been convicted or adjudicated a youthful offender divesting the juvenile court of jurisdiction as provided in Sections 12-15-203(i) and 12-15-204(b).
(g) A sexually exploited child who commits an act of prostitution as provided in Section 13A-12-120 or 13A-12-121 shall be afforded all rights pursuant to Section 12-15-202.
(h) All social and community services shall be made available to a sexually exploited child. Services may include, but are not limited to, any of the following:
(1) Forensic evidence collection.
(2) Forensic interviewing.
(3) Counseling.
(4) Advocacy.
(5) Shelter.
(6) Alcohol or substance abuse treatment.
(7) Mental health services.
(8) Medical treatment.
(9) Legal services.
(10) Educational tutoring, counseling, and language interpreter services.
(11) Crisis intervention services.
(12) Safety planning.
(13) Investigation and prosecution of the individuals subjecting the child to sexual exploitation or abuse.
§12-25-9.
The commission shall have the following responsibilities:
(1) To review state sentencing structure, including laws, policies, and practices, and recommend changes to the criminal code, criminal rules of procedure, and other aspects of sentencing necessary to accomplish the purposes and objectives of this article.
(2) To review the overcrowding problem in county jails, with particular emphasis on funding for the county jails and the proper removal of state prisoners from county jails pursuant to state law and state and federal court orders, and to make recommendations for resolution of these issues to the Governor, Legislature, Attorney General, and Judicial System Study Commission before the 2002 Regular Legislative Session.
(3) To make recommendations to the Governor, Legislature, Attorney General, and Judicial System Study Commission concerning the enactment of laws relating to criminal offenses, sentencing, and correctional or probation matters.
(4) To publish an annual report and other reports as the chair deems necessary.
(5) To serve as a clearinghouse for the collection, preparation, and dissemination of information on sentencing practices.
(6) To maintain and make available for public inspection records of actions taken by the commission.
(7) To serve as a partner to the Juvenile Justice Oversight Committee in accordance with Section 8 of the act adding this amendatory language to do all of the following:
a. Collect juvenile justice data.
b. Monitor custody orders committing youth to the Department of Youth Services and report comprehensive data on orders that commit ineligible youth to the department to the committee.
c. Report juvenile justice data regularly to the committee.
§16-28-2.2.
(a) Local boards of education, pursuant to guidelines established by the State Board of Education, shall establish educational programs to inform parents of school children of their education-related responsibilities to their children. The programs shall include, but shall not be limited to, coverage of each of the following topics:
(1) The criminal liability and criminal sanctions parents may be subject to under Section 16-28-12, for failing to compel their child to properly conduct himself or herself as a pupil, or for failing to ensure that their child attends school or enrolls in school.
(2) The necessity for a parent to monitor and supervise the school work and educational activities of the child.
(3) An explanation of the responsibilities of teachers and the school system to a child, and an enumeration of those matters that are strictly the responsibility of the parent.
(4) Techniques and suggestions to enable a parent to best supervise the school work and educational activities of the child.
(5) An explanation of the interrelationship of the family life of a child and the educational achievement of the child.
(6) An explanation of the services available to parents and families of school children that may be accessed in response to absenteeism and other school-related misconduct.
(b) The State Board of Education and local boards of education shall develop strategies to ensure that parents of school children receive this information. These strategies may include provisions for weekend meetings, one-to-one conferences, telephone communications, and neighborhood meetings.
(c) Local district attorneys and law enforcement officials shall, at the request of the local board of education, assist in the implementation and operation of this section.
§16-28-8.
All school officers, including those in private schools, or private tutors, but not those in church schools, in this state offering instruction to pupils within the compulsory attendance ages, shall make and furnish all reports that may be required by the State Superintendent of Education and by the county superintendent of education or by the board of education of any city with reference to the workings of this article. The principal teacher of each public school, private school, church school and each private tutor shall keep an attendance register showing the enrollment of the school and every absence of each enrolled child from school for a half day or more during each school day of the year, along with any efforts made to intervene with the child and that child's family to address school absence.
§16-28-12.
(a) Each parent, guardian, or other person having control or custody of any child required to attend school or receive regular instruction by a private tutor who fails to have the child enrolled in school or who fails to send the child to school, or have him or her instructed by a private tutor during the time the child is required to attend a public school, private school, church school, denominational school, or parochial school, or be instructed by a private tutor, or fails to require the child to regularly attend the school or tutor, or fails to compel the child to properly conduct himself or herself as a pupil in any public school in accordance with the written policy on school behavior adopted by the local board of education pursuant to this section and fails to participate in an early warning truancy prevention program offered by the school as provided in Section 5 of the act adding this amendatory language and documented by the appropriate school official which conduct may result in the suspension of the pupil, shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars ($100) and may also be sentenced to hard labor for the county for not more than 90 days. The absence of a child without the consent of the principal teacher of the public school he or she attends or should attend, or of the tutor who instructs or should instruct the child, shall be prima facie evidence of the violation of this section.
(b) Each local public board of education shall adopt a written policy for its standards on school behavior. Each local public school superintendent shall provide at the commencement of each academic year a copy of the written policy on school behavior to each parent, guardian, or other person having care or control of a child who is enrolled. Included in the written policy shall be a copy of this section. The signature of the student and the parent, guardian, or other person having control or custody of the child shall document receipt of the policy.
(c) Any parent, guardian, or other person having control or custody of any child enrolled in public school who fails to require the child to regularly attend the school or tutor, or fails to compel the child to properly conduct himself or herself as a pupil in accordance with the written policy on school behavior adopted by the local board of education and documented by the appropriate school official which conduct may result in the suspension of the pupil, shall be reported by the principal to the superintendent of education of the school system in which the suspected violation occurred. The superintendent of education or his or her designee shall report suspected violations to the district attorney within 10 days. Any principal or superintendent of education or his or her designee intentionally failing to report a suspected violation shall be guilty of a Class C misdemeanor. The district attorney shall vigorously enforce this section to ensure proper conduct and required attendance by any child enrolled in public school.
§16-28-13.
No parent, guardian or other person having control or charge of any child shall be convicted for failure to have said child enrolled in school or for failure to send a child to school or for failure to require such child to regularly attend such school or tutor, or for failure to compel such child to properly conduct himself as a pupil, if such parent, guardian or other person having control or charge of such child can establish to the reasonable satisfaction of the court the following:
(1) That the principal teacher in charge of said school which he attends or should attend or the tutor who instructs or should instruct said child gave permission for the child to be absent; or
(2) That such parent, guardian or other person is unable to provide necessary books and clothes in order that the child may attend school in compliance with law, and that such parent, guardian or other person had prior to the opening of the school, or immediately after the beginning of such dependency, reported such dependent condition to the juvenile court of the county and offered to turn the child over to the State Department of Human Resources as a dependent child; or
(3) That such parent, guardian or other person has made a bona fide effort to control such child and is unable to do so, and files in court a written statement that he is unable to control such child; or
(4) That there exists a good cause or valid excuse for such absence; or
(5) That such parent, guardian or other person has made a bona fide, diligent effort to secure the regular attendance of such child and that the absence was without his knowledge, connivance or consent.
A good cause or valid excuse, as used in this section, exists when on account of sickness or other condition attendance was impossible or entirely inadvisable or impracticable or when, by virtue of the extraordinary circumstances, the absence is generally recognized as excusable.; or
(6) That the school did not make reasonable efforts to engage the parent, guardian, or other person having control or charge of the child in an early warning truancy prevention program established pursuant to Section 5 of the act adding this amendatory language prior to filing a complaint.
§16-28-14.
In case any child becomes an habitual truant, or because of irregular attendance or misconduct has become a menace to the best interest of the school which he is attending or should attend, and the parent, guardian or other person files a written statement in court as provided in Section 16-28-13, stating that he is unable to control such child, and the child has been afforded the opportunity in the preceding 12 months to participate in an early warning truancy prevention program in the school or at home in response to the nonenrollment or nonattendance, the attendance officer must file a complaint before the judge of the juvenile court of the county, alleging the facts, whereupon such child must be proceeded against in the juvenile court for the purpose of ascertaining whether such child is a dependent, neglected or delinquent child.
§16-28-16.
(a) It shall be the duty of the county superintendent of education or the city superintendent of education, as the case may be, to require the attendance officer to investigate all cases of nonenrollment and of nonattendance. In all cases investigated where no valid reason for nonenrollment or nonattendance is found, the attendance officer shall give written notice to the parent, guardian, or other person having control of the child. In the event of the absence of the parent, guardian, or other person having control of the child from his or her usual place of residence, the attendance officer shall leave a copy of the notice with some person over 12 years of age residing at the usual place of residence, with instructions to hand the notice to the parent, guardian, or other person having control of the child, which notice shall require the attendance of the child at the school within three days from the date of the notice. In the event the investigation discloses that the nonenrollment or nonattendance was without valid excuse or good reason and intentional, the attendance officer shall be required to bring criminal prosecution against the parent, guardian, or other person having control of the child if the attendance officer also finds that the school has made reasonable efforts to engage the child in an early warning truancy prevention program established pursuant to Section 5 of the act adding this amendatory language in the school or at home in response to the nonenrollment or nonattendance.
(b) Each child who is enrolled in a public school shall be subject to the attendance and truancy provisions of this article except that any parent or parents, guardian or guardians who voluntarily enrolls their child in public school, who feel that it is in the best interest of that child shall have the right to withdraw the child at any time prior to the current minimum compulsory attendance age.
§16-28-17.
It shall be the duty of the attendance officer, probation officer or other officer authorized to execute writs of arrest to take into custody without warrant any child required to attend school or be instructed by a private tutor who is found away from home and not in the custody of the person having charge or control of such child during school hours and who has been reported by any person authorized to begin proceedings or prosecutions under the provisions of this article as a truant. Such child shall forthwith be delivered to the person having charge or control of said child or to the principal teacher of the school or the private tutor from whom said the child is a truant. If such child is an habitual truant, and the school has made reasonable efforts to engage the child in an early warning truancy prevention program in the school or at home in response to the child's nonattendance or nonenrollment, he or she shall be brought before the juvenile court for intake such disposition as the judge of said court finds proper from the facts.
§16-28-18.
The attendance officer whose appointment is by this article provided for shall keep an accurate record of all notices served, all cases prosecuted and all other services performed and shall make an annual report of the same to the county board of education or to the city board of education by whom he or she is employed, and to the Alabama State Department of Education.
§44-1-1.
The purpose of this chapter is to promote and safeguard the social well-being and general welfare of the youth of the state through a comprehensive and coordinated program of public services for the prevention of juvenile delinquency and the rehabilitation of delinquent youth. This state program shall provide the following:
(1) Social and educational services and facilities for any youth whom a juvenile judge deems in need of such state services except pursuant to subdivision (13) of Section 44-1-24;
(2) The establishment of standards for social and educational services and facilities for such youth;
(3) Cooperation with public and voluntary agencies, organizations, and citizen groups in the development and coordination of programs and activities directed toward the prevention, control, and treatment of delinquency;
(4) The promotion and improvement of community conditions, programs, and resources to aid parents in discharging their responsibilities for the care, development, and well-being of their children; and
(5) The promotion of improved communications between the public and voluntary agencies and bodies of this state responsible for said youth and the juvenile courts of this state.
§44-1-24.
The Department of Youth Services shall perform the following:
(1) Provide services for youths who have run away from their own communities in this state or from their home communities in other states to this state, and provide such services, care, or cost for the youths as may be required pursuant to the provisions of the Interstate Compact on Juveniles.
(2) Provide for the expansion of local detention care for youths alleged to be delinquent pending court hearing.
(3) Secure the provision of medical, hospital, psychiatric, surgical, or dental service, or payment of the cost of such services, as may be needed for committed youths.
(4) License and subsidize foster care facilities or group homes for youths alleged to be delinquent pending hearing before a juvenile court or adjudged delinquent following hearing, including detention, examination, study, care, treatment, and training.
(5) Establish, maintain, and subsidize programs to train employees of the department, juvenile courts, and law enforcement personnel in such subject matters and techniques as may be necessary to assure efficient and effective administration of services in accordance with the purpose of this chapter.
(6) Make and enforce all rules and regulations which are necessary and appropriate to the proper accomplishment of the duties and functions vested in the department by law with respect to youth services and which do not conflict with or exceed the provisions of law vesting the duties and functions in the department.
(7)a. Enter into contracts with any other state or federal agency or with any private person, organization, or group capable of contracting, if the department finds the action to be in the public interest.
b. Where contracts are for the treatment or rehabilitation of youth, the contracts shall adhere to a system of performance-based contracting developed by the department.
(8) Upon approval of the Attorney General, file and prosecute civil actions in any court in the name of the department to enforce this chapter and enforce such rules and regulations as may be promulgated under this chapter. Civil actions may include actions for an injunction to restrain any person, agency, or organization from violating any provision of this chapter or any rule or regulation promulgated under this chapter.
(9) Accept gifts, trusts, bequests, grants, endowments, or transfers of property of any kind and prudently to manage the property in accordance with sound financial principles.
(10) Prescribe and furnish forms to clerks of probate and juvenile courts for use in connection with any action to be taken under this chapter.
(11) Enter into reciprocal agreements with appropriate agencies of other states relative to youth services programs.
(12) Engage in research in the field of youth services, enter into contracts with public or voluntary organizations, including educational institutions, and with individuals for the purpose of securing research and to make provisions for any pay grants to such organizations or individuals in accordance with the rules of the department, as may be necessary to secure the performance of the research.
(13) If the court commits a youth who is ineligible for custody pursuant to Section 12-15-215 to the custody of the department, the department shall reject the commitment and shall not admit the youth to its facilities.
§44-1-36.
(a) In the event a committed youth shall be diagnosed in writing as mentally ill to the degree that said the youth is unable to profit from the programs operated by the department of youth services Department of Youth Services for the benefit of delinquent youth, the department may petition the proper juvenile court for the commitment of the said youth to the state hospital for the mentally ill. The diagnosis must be made by a person who is legally and professionally qualified under the laws of Alabama to make such a diagnosis.
(b) In the event a committed youth shall be diagnosed in writing as mentally retarded a person with a disability to the degree that said youth is unable to profit from the programs operated by the department for the benefit of delinquent youth, the department may petition the proper juvenile court for the commitment of the said youth to the state hospital for the mentally retarded. The diagnosis must be made by a person who is legally and professionally qualified under the laws of Alabama to make such a diagnosis.
(c) A committed youth shall be discharged who, in the judgment of the director, has gained optimal rehabilitation from the programs of the department and will not be received again by the department under the original commitment order.
(d) A committed youth shall be released into aftercare when the department determines that said the youth is no longer in need of the services of the state training schools and can function within open society under the supervision of a probation officer in accordance with terms and conditions as established by the committing court. The department shall notify the committing court in writing at least 10 days in advance of the release. The committing court, at the time of release into aftercare, shall then invest custody in a party which the court deems suitable. An order of aftercare shall be issued pursuant to subsection (j) of Section 12-15-215.
(e) The committing court shall have jurisdiction to extend an order of commitment during the time of aftercare and to issue further orders in relation to the investment of legal custody in some other party until the youth reaches his or her twenty-first birthday only in accordance with subsection (h) and subdivision (k)(5) of Section 12-15-215 upon proper petitions being filed with the said court by a probation officer alleging all reasons for any aftercare extension or change of legal custody. A hearing shall be held in said the juvenile court within 10 days after the filing of the petition to determine whether the youth's aftercare should be extended, only in accordance with subsection (h) of Section 12-15-215 for no more than six months.
(f) When a committed youth has either fulfilled his or her period of commitment or reached his or her supervision length limitation as provided in subsection (h) of Section 12-15-215, whichever comes first, he or she shall be discharged from the department's custody, and any recommitment to the department must be based on a new offense and a new hearing.
(g) In the event that a youth has not been discharged prior to the expiration of two years from the date of the entry of the original commitment order, the department must request either:
(1) The termination of the commitment order and the issuance of such other orders respecting the legal custody and continued supervision of the youth as may be warranted under the circumstances, or
(2) The extension of the original order for a further specifically limited period of time, on the grounds that such extension is necessary for the welfare of the youth or for the public interest, such extension not to exceed the date upon which the youth will reach the age of 21 years.
There must be a hearing at which the youth and his or her parent, guardian, or counsel are present. The committing court shall have jurisdiction until the youth reaches his or her twenty-first birthday to issue an extension of its original commitment order only pursuant to subsection (h) of Section 12-15-215. If the department does not act as prescribed in this subsection, custody awarded by the commitment order is terminated, and such order as regards such youth has no further force and effect after the expiration of two years.
(h) Upon the youth's reaching his or her twenty-first birthday, custody awarded by the commitment order is terminated, and such order as regards such person has no further force and effect."
Section 2
(a) For the purposes of this section, a
detention risk assessment tool" means an evidence-based tool that is designed to assist in making detention determinations by assessing a child's risk of failure to appear in court or reoffend prior to adjudication. (b) By January 1, 2020, the Administrative Office of Courts shall develop a detention risk assessment tool to inform pre-adjudication detention decisions, including whether a child is eligible for detention, whether a child is eligible to continue in detention once the child has been placed in detention, and whether the child is eligible for a non-custodial alternative to detention in lieu of release without conditions. (c) The Administrative Office of Courts shall develop a scoring system to inform eligibility for detention and detention alternatives, in conjunction with the criteria provided in Section 12-15-128, Code of Alabama 1975.
Section 3
(a) By January 1, 2019, the Administrative Office of Courts shall develop and implement a statewide protocol to remind youth about pending court dates in advance of hearings in delinquency and child in need of supervision cases to reduce avoidable failures to appear. (b) The protocol shall be developed in collaboration with the Juvenile Justice Oversight Committee, established pursuant to Section 8. (c) The protocol may include the following: (1) Phone calls to the current residence of the child against whom a delinquency or child in need of supervision petition has been filed in advance of hearing dates. (2) Other methods of informing the child and the child's parent, legal guardian, or custodian of the date, time, and location of hearings related to the child's case, such as electronic mail or text messaging.
Section 4
(a) The Alabama State Department of Education shall require each local board of education to annually develop, approve, and submit a multi-disciplinary agreement to the department in collaboration with relevant stakeholders, including law enforcement agencies, juvenile defense attorneys, chief probation officers, local mental health authorities, families, and the courts to improve responses to school-based offenses and reduce school-based referrals to law enforcement and the courts while effectively holding youth accountable within the school setting. (b) Each agreement shall establish the following: (1) Specific multi-tiered responses to school-based offenses to be carried out within the school setting or at home, prior to a court referral, to safely and effectively hold youth accountable. (2) Clear guidelines for how and when school-based offenses are referred to law enforcement or the juvenile justice system. (c) To guide the development of local agreements, the department shall develop minimum standards and best practices for creating and implementing multi-tiered responses to school-based offenses in the school setting. The department shall ensure that its standards, and all local agreements, are based upon evidence-based research, are data-driven, and provide for continuous improvement. (d) Each year, the department shall provide a report to the oversight committee established pursuant to Section compiling data on school district compliance with department standards and best practices developed pursuant to subsection (c) and summarizing the content of each local protocol.
Section 5
(a) The Alabama State Department of Education shall require the Superintendent of Education, or his or her designee, in each local school district to develop, approve, and submit an annual plan to the department outlining early warning truancy prevention programming for children and their families in the home or school setting in response to nonattendance or nonenrollment. (b) To guide the development of local early warning truancy prevention programming, the department shall develop standards and best practices that are based upon evidence-based research, are data-driven, and show continuous improvement. (c) Each school shall make reasonable efforts to engage a child and the child's family in early warning truancy prevention programming prior to filing a complaint alleging either of the following: (1) A violation against a parent, guardian, or other person having control or custody of a child under Section 16-28-12, Code of Alabama 1975. (2) That a child is in need of care, rehabilitation, or supervision for alleged habitual truancy.
Section 6
(a) There is created the Juvenile Justice Reinvestment Fund to the credit of the Department of Youth Services within the State Treasury. (b)(1) The Department of Youth Services shall administer the fund and shall do all of the following: a. Calculate the costs averted from reductions in the department's custody and placement of youth in residential facilities funded in whole or in part by the department. b. Reserve the averted costs in the fund for reinvestment. c. Disburse grants pursuant to the priorities in subsection (d). d. Execute contracts pursuant to the priorities in subsection (d). e. Evaluate programs. (2) For the purposes of this subsection, "averted costs" means any costs avoided by a reduction in the number of youth placed in Department of Youth Services residential programs, as compared to a Fiscal Year 2018 baseline, calculated by comparing the actual costs of youth in custody and placed in residential programs during each fiscal year with the costs of youth in custody and placed in residential programs during Fiscal Year 2018. (c) The Juvenile Justice Oversight Committee shall monitor and advise in the administration of the fund, pursuant to Section 8. (d) The department shall prioritize disbursement of funds as follows: (1) For services adhering to evidence-based models, which means programs or practices demonstrated by research to reduce the likelihood of reoffending, or interventions rated as effective for reducing recidivism pursuant to subsection (g). Such services shall include both of the following: a. Services made available to youth involved in all stages of the juvenile justice system, including aftercare. b. Services made available in every county in this state. (2) For services that are appropriately matched to a youth's risk and needs, as determined by the results of a validated risk and needs assessment pursuant to Section 10, and that focus on serving youth and their families in their own homes with the appropriate level of intensity, including all of the following: a. In-home family-focused therapy. b. Individual and group therapy. c. Mentoring programs. d. Substance abuse treatment. e. Outpatient juvenile sex offense treatment. (3) For partnerships with state and local agencies for the expansion or enhancement of programs that avert juvenile justice system involvement. (4) For expansion of early truancy prevention efforts that do all of the following: a. Take place prior to a court referral in schools, in the home, or both. b. Engage families. c. Focus on youth who pose the greatest risk of truancy. d. Ensure that responses to behaviors by youth with documented disabilities are handled in accordance with any plans established for response to their disabilities in educational settings such as individualized education programs or 504 plans; and e. Are shown to reduce referrals to the juvenile court. (5) For reimbursement of a portion of transportation costs incurred by sheriffs. (6) For training pursuant to Section 8. (e) The department shall disburse funds through the following: (1) Contracts for services. (2) Grants to counties or groups of counties, to allow for program expansion across the state, especially in rural counties. (f)(1) The department shall only provide funding from the fund to programs that adhere to performance-based standards which incentivize reductions in reoffending and reductions in subsequent commitments to the department. (2) Performance-based standards may be implemented by any of the following: a. Contract provisions. b. Grant provisions. c. Shared funding provisions. (g)(1) Programs receiving funding from the fund shall adhere to evidence-based models or other interventions rated by a standardized tool as effective for reducing reoffending. (2) The standardized tool used to rate effectiveness for recidivism reductions shall be selected by the department and the Administrative Office of Courts, in consultation with the Juvenile Justice Oversight Committee in accordance with
Section 7
Section 8
Alternatives to detention; definition, funding. (a) For the purposes of this section, the term
non-custodial alternative to detention" means a program or practice that is designed to ensure a youth's appearance at future court hearings and to prevent rearrest prior to adjudication, and is non-punitive and non-residential. (b) A program of fiscal incentives shall be developed and administered by the Department of Youth Services to encourage the use of non-custodial alternatives to detention, with a higher reimbursement rate to be paid for alternatives to detention than for detention pursuant to Section 44-1-28, Code of Alabama. (c)(1) Funds from the Juvenile Justice Reinvestment Fund created in Section 6 shall be reinvested, pursuant to subsection (a) into non-custodial alternatives to detention. (2) Such programs shall be made available for youth who pose the greatest immediate risk to public safety or likelihood of failure to appear and not for low-risk youth who would otherwise be returned home, as measured by a detention risk assessment pursuant to Section 2. (d) Home detention shall be available in every county. (e) Individual counties or groups of counties may develop non-custodial alternatives to detention.
Section 9
Juvenile Justice Oversight Committee; purpose, responsibilities. (a) The Juvenile Justice Oversight Committee is created to oversee implementation of changes to the juvenile justice system and coordinate communication and information sharing across the juvenile justice system. The oversight committee shall have members representing substantially similar groups to the Alabama Juvenile Justice Task Force, including the following: (1) The Governor, or his or her designee. (2) The Speaker of the House of Representatives, or his or her designee. (3) The President Pro Tempore of the Senate, or his or her designee. (4) The House Judiciary Committee Chair. (5) A designee of the House Judiciary Committee Chair. (6) The Senate Judiciary Committee Chair. (7) A designee of the Senate Judiciary Committee Chair. (8) The Chief Justice of the Alabama Supreme Court, or his or her designee. (9) The Director of the Administrative Office of Courts, or his or her designee. (10) Two currently presiding juvenile court judges, one representing a rural county and one representing an urban county, appointed by the Administrative Office of Courts. (11) The Commissioner of the Department of Youth Services, or his or her designee. (12) The Commissioner of the Department of Mental Health, or his or her designee. (13) The Commissioner of the Department of Human Resources, or his or her designee. (14) One district attorney licensed to practice in Alabama with experience in representing children in delinquency proceedings, appointed by the Governor. (15) One public defender licensed to practice in Alabama with experience in representing children in delinquency proceedings, appointed by the Governor. (16) One law enforcement official representing a county with a local juvenile detention facility, appointed by the Governor. (17) The Executive Director of Alabama Children First, or his or her designee. (18) One representative of the Association of County Commissions of Alabama, appointed by the Governor. (19) One crime victim advocate, appointed by the Governor. (20) One juvenile probation officer, appointed by the Administrative Office of Courts. (b) The appointing authorities shall coordinate their appointments to assure the committee membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. (c) The oversight committee shall select a member to serve as its chair at its first meeting, and annually thereafter. (d) The responsibilities of the oversight committee shall include all of the following: (1) To review calculations of averted costs and ensure reinvestment into evidence-based services for youth living in the community. (2) To develop performance measures to assess the progress of implementation. (3) To collect, analyze, and report on data for each of the performance measures. (4) To coordinate, collect, and review juvenile justice system data from all relevant agencies, including reviewing recidivism information into the juvenile or adult systems. (5) To make recommendations to strengthen juvenile justice data systems to allow for linking individual cases across agency data systems. (6) To improve data collection and information sharing to allow for tracking a child's trajectory through the juvenile justice system, including all prior case history across counties, including tracking outcomes after a child leaves the juvenile justice system. (7) To publish an annual report to the Governor, Chief Justice of the Alabama Supreme Court, Speaker of the House of Representatives, and Senate President Pro Tempore on implementation progress and areas for further review. (8) To examine and make recommendations to the Legislature on whether a child should be represented by defense counsel throughout his or her case, beginning at initial intake. (9) To examine and make recommendations on whether defense counsel should be required to have tried a minimum number of cases to completion, prior to appointment to represent juveniles in juvenile court in transfer hearings, delinquency cases that would constitute a Class A or B felony case if committed by an adult, or sex offense case. (10)a. To oversee required training on the following topics: 1. Evidence-based practices. 2. Youth development. 3. Implicit bias. 4. Restorative justice principles. b. The training in paragraph a. shall be required for all of the following: 1. School administrators. 2. Educators. 3. Juvenile prosecutors. 4. Juvenile defense attorneys. 5. Juvenile court judges. 6. Other staff who work directly with youth in the juvenile justice system. (11) Oversee the creation of a collaborative funding structure similar to existing collaborative funding structures between the Department of Youth Services, the Department of Human Resources, and the Department of Mental Health for providing pre-court early interventions for youth at imminent risk of juvenile justice system involvement. (e) In accordance with subdivision (7) of Section 12-25-9, Code of Alabama 1975, the committee shall partner with the Sentencing Commission to collect juvenile data. (f) The oversight committee shall study the expansion of training for juvenile defense attorneys, including increasing the requirement for juvenile appointment from three to six Continuing Legal Education hours and make a recommendation to the Legislature.
Section 10
(a) A case plan shall be created for all delinquency and CHINS cases following disposition. Each case plan shall satisfy both of the following: (1) Be informed by the results of a validated risk and needs assessment pursuant to Section 10. (2) Be individualized to the child. (b) The Administrative Office of Courts shall develop a statewide system of graduated responses to the behavior of a child under court supervision, including those placed on probation or placed on aftercare. The system of graduated responses shall include both sanctions and incentives that satisfy both of the following: (1) Include a continuum of community-based responses that serve the child without placement in a residential facility or detention. (2) Target the child's risk of reoffending, as determined by the results of a validated risk and needs assessment pursuant to Section 10. (c)(1) The system of graduated response shall authorize earned discharge credits as one incentive for compliance. Earned discharge credits are defined as time awarded toward early termination of an order of probation or an order of aftercare. (2) The Administrative Office of Courts shall develop a system for awarding earned discharge credits for each month that a child is compliant with the conditions of his or her order of probation or order of aftercare. (d) Behaviors under subsection (b) shall be documented in the child's case plan. Documentation shall include all of the following: (1) Positive behaviors and incentives offered. (2) Violations and corresponding sanctions. (3) Whether the child has a subsequent violation following an incentive or sanction. (e) Before referring a child to juvenile court for noncompliance with the terms of an order of probation or aftercare under Section 12-15-132, Code of Alabama 1975, a pattern of appropriate responses shall be documented in the child's case plan. (f) The Administrative Office of Courts shall conduct yearly mandatory training for chief probation officers and juvenile probation officers on evidence-based best practices for graduated responses, including, but not limited to, instruction on all of the following: (1) Proper selection and use of incentives for compliance. (2) Proper selection and use of sanctions for noncompliance. (3) Integrating results from graduated responses into case plans. Section 10. (a) For the purposes of this section and Section 9, "a risk and needs assessment" means an evidence-based tool that identifies a child's risk to reoffend and individual needs that, if met, are likely to reduce the child's likelihood of reoffending. (b) By January 1, 2020, the Administrative Office of Courts and the Department of Youth Services shall together develop and adopt a risk and needs assessment to inform supervision and necessary treatment for any child petitioned before the juvenile court on a delinquency or child in need of supervision offense. The risk and needs assessment shall be validated on the youth population to ensure accuracy in assessing a child's risk to reoffend and individual needs that, if met, are likely to reduce the child's likelihood of reoffending. (c) The risk and needs assessment shall be used as follows: (1) A juvenile probation officer shall administer a risk and needs assessment to every child petitioned before the court on a delinquency or child in need of supervision offense. (2) A juvenile judge shall review the risk and needs assessment prior to disposition and use it to inform disposition including any necessary treatment services for the child. (3) The juvenile judge shall not review the results of the risk and needs assessment prior to adjudication. (4) Department of Youth Services staff and contracted providers shall incorporate results from the risk and needs assessment into the development of a case plan for every child placed in a residential facility for delinquency or child in need of supervision offense, and juvenile probation officers shall incorporate the risk and needs assessment into the development of a case plan for every child placed on probation or aftercare, pursuant to Section 9. (d) Access to the results of risk and needs assessments shall be granted to the following people, officials, or agencies and only for the following stated purposes: (1) The juvenile judge, following adjudication, to inform disposition. (2) A juvenile probation officer for the purpose of compiling information for assessments, administering assessments, and preparing assessment reports. (3) The Department of Youth Services and its contracted providers. (4) The child who is the subject of the report. (5) A parent, legal guardian, or custodian of the child who is the subject of the report. (6) A defense attorney or guardian ad litem for the child. (e) No incriminatory or otherwise unfavorable or disparaging information obtained from a child in the course of a risk and needs assessment shall be subject to any court subpoena or admitted into evidence against the child on the issue of whether the child committed a delinquency or child in need of supervision offense or on the issue of guilt in any criminal proceedings. (f) The risk and needs assessment and all materials used to compile the information in the assessment in possession of the juvenile court shall be destroyed when the person about whom the risk and needs assessment was conducted is no longer a child. Section 11. (a) For the purposes of this section, voluntary sexual activity between minors means sexual activity between minors where each minor engages in the activity willingly and without coercion. (b) Notwithstanding the provisions of subsection (b) of Section 13A-6-62, Code of Alabama 1975, subsection (b) of 13A-6-64, Code of Alabama 1975, subsection (d) of Section 13A-6-111, Code of Alabama 1975, subsection (a) of Section 13A-6-122, Code of Alabama 1975, or any other law to the contrary, if the actor is a minor and the facts and circumstances surrounding the sexual activity indicate that the sexual activity was voluntary sexual activity between minors, such activity shall be treated as a child in need of supervision event rather than a delinquency or criminal offense. (c) If a child is charged with a delinquent or criminal act based on a set of facts and circumstances which constitute voluntary sexual activity between minors, the judge may not adjudicate the child delinquent or convict the child of a crime, but may adjudicate the child as in need of supervision, pursuant to Section 12-15-215, Code of Alabama 1975. Section 12. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
| Action Date | Chamber | Action |
|---|---|---|
| February 1, 2018 | S | Read for the first time and referred to the Senate committee on Finance and Taxation Education |
