Relating to courts; to amend Section 12-15-204, Code of Alabama 1975, to require a person who is 16 years of age or older to be tried as an adult for any felony offense involving the use of a dangerous instrument against an employee of a juvenile detention center or the Department of Youth Services; and to make nonsubstantive, technical revisions to update the existing code language to current style.
Impact
The primary impact of SB119 is on the juvenile justice system, potentially increasing the number of youths tried in adult court. By explicitly including employees of juvenile detention facilities in the list of those who, when harmed by an offense, trigger adult charges for the offender, the bill aligns such incidents with gravity comparable to offenses against law enforcement and correctional officers. This could deter violent acts against these individuals, but it may also contribute to youth incarceration rates under adult laws, which could have long-term repercussions for those affected.
Summary
SB119 seeks to amend the existing laws under Section 12-15-204 of the Code of Alabama 1975. The bill mandates that individuals aged 16 and older who commit felony offenses utilizing a dangerous instrument against employees of juvenile detention centers or the Department of Youth Services will be charged and tried as adults. This change raises concerns regarding the treatment of minors in the judicial system and the implications of subjecting them to adult penalties for serious crimes.
Contention
Notable points of contention surrounding SB119 relate to the balance between public safety and the rehabilitation of juvenile offenders. Critics argue that trying minors as adults does not account for their developmental differences and could hinder their chances for rehabilitation. Proponents, on the other hand, contend that the bill is essential for protecting employees in juvenile facilities who may face violence from the very individuals they are trying to rehabilitate. There are concerns that the bill could set a precedent for treating juvenile offenders more harshly without addressing the root causes of their behavior.
Relating to self-defense, to amend Section 13A-3-23, Code of Alabama 1975, to provide a person's use of physical force in defending himself, herself, or another person is presumed reasonable; to further provide for the immunity received by a person whose use of physical force on another person is justified self-defense; to shift the burden of proving a person's use of physical force is not justified to the state; and to make nonsubstantive, technical revisions to update the existing code language to current style
Youthful offender status, to prohibit a judge from granting youthful offender status to any person who is 16 years of age and older and charged with murder
Youthful Offender status, to prohibit a judge from granting youthful offender status to any person who is 16 years of age or older and charged with murder.
Juvenile courts, Department of Youth Services responsible for housing and caring for child ordered to be transferred to custody of Department of Youth Services, Department of Youth Services to reimburse county detention facility for costs incurred under certain circumstances.
Juvenile courts, Department of Youth Services responsible for housing and caring for child ordered to be transferred to custody of Department of Youth Services, Department of Youth Services to reimburse county detention facility for costs incurred under certain circumstances.
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