Trends in state juvenile justice legislation - 1996.

Juvenile justice legislation was a hot topic during 1996. Among the highlights were changes in the following areas:

* improving dispositional planning for young offenders;

* expanding options available to courts;

* prescribing policy for use of juvenile detention and corrections;

* holding parents responsible for their children's crimes;

* creating extended or special jurisdiction systems or circumstances for juveniles;

* distinguishing young offenders who may face criminal charges; and

* designing and funding juvenile crime prevention.

At least four states (Kansas, Kentucky, Utah and Virginia) passed broad reforms of their entire juvenile justice processes. This type of legislative activism is likely to continue in 1997, as the issue of juvenile justice achieves even higher national prominence.

The purpose of this article is not to identify all juvenile justice legislation passed in 1996, but instead to identify trends.

Juvenile Court Created

The Utah Juvenile Court Act of 1996 created and established rules, practices and procedures for a state juvenile court. It has jurisdiction for offenders up to age 21 who violated the law before the age of 18. In addition, the state established an interagency Juvenile Justice Task Force to study, among other things, how to balance rehabilitation and accountability in juvenile justice.

Legislation passed in Virginia had the stated purpose of providing for community safety, protection of victims' rights and accountability of juvenile offenders for their behavior. It lowers the age for certain "violent juvenile felonies" to 14. The new law also details which juveniles will be waived to adult court. The Department of Corrections is required to establish facilities within the adult prison system for juveniles sentenced as adults.

Restitution And Community Service

Virginia's law also requires assessments which may demand restitution and community service. Boot camps are suggested as diversion options, including those run by private contractors. In some cases, parents are held accountable. The act also expands the adult treatment of juvenile offenders charged with violent felonies. Fiscal impact and one-year appropriations are required for measures which result in net increases in commitment to juvenile facilities. The projected price tag for the fast year is set at $5.4 million.

Other State Reorganizations

New York began a major reform process which is likely to be expanded in 1997. This probably will result in mandatory extended sentences for serious offenders, as well as increased attention to victims' interests and the use of juvenile records.

Alaska expanded its definition concerning what constitutes juvenile crime and delinquency as well as increased enforcement of curfews and truancy violations. Nebraska reorganized and streamlined its juvenile services by consolidating a number of programs and offices. Indiana is studying how to reorganize its program in 1997 on an interagency basis. Washington is looking at new sentencing guidelines for juveniles.

Detention And Corrections

A number of states passed 1996 legislation addressing the issue of detention and corrections. New Mexico, for example, ordered the development of a classification system for juveniles sentenced as adults. Michigan, Ohio, Pennsylvania and South Dakota addressed the issue of juveniles in jails. Alabama now allows courts to send juveniles to alternative schools. Oklahoma created Community Intervention Centers. California sought to expand juvenile facility space, although this move was defeated by voters in November.

Virginia passed two changes which impact the housing of juvenile offenders. The first requires fiscal impact statements for construction of new facilities while the second allows the use of private contractors. Florida also now allows the privatization of some juvenile facilities.

Boot camp programs continue to grow. Colorado and Michigan added this option to the list of juvenile alternatives.

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Blended, Extended And Criminal Jurisdictions

Several states applied the concept of the "blended" juvenile and adult system jurisdiction when juveniles commit serious crimes. At least six states in 1996 (Kansas, Massachusetts, Michigan, New Mexico, Utah and Virginia) adopted this concept. Other states (Alabama, Colorado, Delaware, Florida, Georgia, South Carolina and Virginia) increased circumstances for the automatic transfer of juveniles into adult court.

Opening Records And Proceedings

At least 13 states made modifications in the handling of records and proceedings of juvenile courts. These were: Alabama, California, Florida, Georgia, Indiana, Iowa, Kentucky, Maine, Oklahoma, South Carolina, South Dakota and Virginia. Each took steps to open the process to replicate the adult system for juveniles accused of violent crimes.

Holding Juveniles and Parents Accountable

In 1996, laws to hold parents responsible for juvenile crimes were passed or amended in at least 16 states. These new laws hold juvenile offenders and their parents accountable, and implement new sanctions and interventions when delinquent behavior first occurs.

Prevention And Early Intervention 

As part of a broader view of juvenile justice, recent state legislation also addresses prevention and early intervention in the lives of young people and their families. Of particular note in 1996 were actions to fund local collaborative efforts to address and prevent juvenile crime. Some acts involved various school programs targeted at truancy and programs for suspended students.

If you have any questions, or would like more information, please contact the National Conference of State Legislatures at [phone], or ACA at [phone].

Donna Lyons is program manager for the National Conference of State Legislatures. James Turpin is ACA'S legislative liaison.