HB358 Alabama 2025 Session

Summary

Primary Sponsor

Bryan BrinyarkRepresentative

Republican

Session

2025 Regular Session

Title

Juvenile courts; original jurisdiction revised to apply to children under the age of majority, children under the age of majority prohibited from detainment in adult facilities, exceptions provided

Summary

HB358 would expand Alabama's juvenile court reach to all individuals under the age of majority (19) for most delinquency, dependency, and supervision matters, while restricting detention of under-19s in adult facilities except in narrowly defined cases.

What This Bill Does

The bill sets the age of majority at 19 and expands juvenile court original jurisdiction to cover criminal acts by anyone under 19, as well as child-in-need-of-supervision and mental-health commitments for those under 19, and certain juvenile-delinquency offenses by individuals who have reached majority. It prohibits detaining a person under 19 in adult jails or lockups except for specific, limited circumstances, and establishes processing timelines, detention transfer rules, and use of licensed juvenile detention facilities with state subsidies. It also updates terminology and structure in the code for clarity and assigns ongoing jurisdiction and procedures to the juvenile court, with an effective date of October 1, 2025.

Who It Affects

• Group 1: Minors under the age of 19 and their families, who would be subject to juvenile court original jurisdiction for criminal acts, dependency, and supervision matters, and protected from detention in adult facilities except under defined exceptions.
• Group 2: State and local agencies and facilities (Department of Youth Services, Department of Human Resources, juvenile courts, law enforcement, and detention centers) responsible for implementing the new detention rules, licensing requirements, funding subsidies, and transfer/guardianship procedures.

Key Provisions

• Defines the age of majority as 19 and minor as under 19; broadens 'child' definitions to include individuals under the age of majority for juvenile court purposes.
• Expands juvenile court original jurisdiction to include criminal acts by individuals under 19, as well as child-in-need-of-supervision matters and commitments for those under 19, and certain juvenile-delinquency offenses by individuals at/over majority.
• Prohibits detaining a child under 19 in any jail or lockup for adults, with exceptions (e.g., up to 6 hours for processing, when transferred for criminal prosecution, or when charged under specified sections), and requires transfer to appropriate juvenile or non-adult facilities per case.
• Requires use of licensed juvenile detention facilities; directs the Department of Youth Services to develop a statewide system and to subsidize detention costs (up to half of the average detention cost, subject to funding).
• Maintains that status offenders and certain other categories may not be kept in secure custody with adults and sets procedures to protect the child’s rights, including timely hearings, counsel, and notice.
• Updates and consolidates definitions (e.g., child, minor, delinquent child, status offender) and makes nonsubstantive, technical revisions to current code language.
• Jurisdiction of the juvenile court terminates at 21 unless a judge explicitly terminates it earlier; preserves ongoing authority to enforce or modify prior juvenile court orders and obligations related to fines, costs, restitution, or money ordered by the court.
• Effective date: October 1, 2025.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Courts & Judges