The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Thomas L. Tyler.
DIGEST
SB Original 2016 Regular Session Morrell
Present law provides that a child age 15 or older at the time of the commission of first degree
murder, second degree murder, aggravated or first degree rape, or aggravated kidnaping, is subject
to the exclusive jurisdiction of the juvenile court until either:
(a)An indictment charging one of these offenses is returned.
(b)The juvenile court holds a continued custody hearing and finds probable cause that he
committed one of these offenses, whichever occurs first. Provides that during the hearing,
when the child is charged with aggravated or first degree rape, the court is to inform him that
if convicted he will be required to register as a sex offender for life.
Present law provides that thereafter, the child is subject to the exclusive jurisdiction of the
appropriate court exercising criminal jurisdiction for all subsequent procedures, including the review
of bail applications, and requires that the child be transferred forthwith to the appropriate adult
facility for detention prior to his trial as an adult.
Proposed law retains these provisions but as to the transfer to an adult facility, the court is given
discretion as to whether to transfer the child to an adult facility for detention prior to his trial as an
adult.
Present law defines a child, for purposes of delinquency, to be any person under the age of 21,
including an emancipated minor, who commits a delinquent act before attaining the age of 17.
Proposed law changes the age from 17 to 18.
Proposed law creates the Louisiana Juvenile Jurisdiction Planning and Implementation Council,
within the office of the governor and that it perform the following activities:
(1)Prior to January 1, 2017, develop, and submit to the commissioner of administration, the
president of the Senate, and the speaker of the House of Representatives, a plan for full
implementation of the provisions of proposed law.
(2)Requires that the plan include recommendations for changes required in the juvenile justice
system to expand jurisdiction to include persons 17 years of age, which recommendations
may include:
(a)Development of programs and policies that can safely reduce the number of youth at
each stage in the juvenile justice system, including expanded use of diversion where
appropriate; development and use of civil citation programs; use of evidence-based and promising services wherever possible; and reinvestment programs targeting the
expanded use of community-based alternatives to secure, nonsecure, and
pre-disposition custody.
(b)Development of comprehensive projections to determine the long-term distribution
of placement capacity for youth in the juvenile justice system.
(c)Analysis of the impact of the expansion of juvenile jurisdiction to persons seventeen
years of age on state agencies and a determination of which state agencies shall be
responsible for providing relevant services to juveniles, including but not limited to
mental health and substance abuse services, housing, education and employment.
Requires that the council, no later than April 1, 2017, and quarterly thereafter, submit a written status
report to the commissioner of administration, the president of the Senate, and the speaker of the
House of Representatives, on implementation of its plan.
Authorizes the council to use the personnel, facilities, and services of the legislature, executive
departments and agencies, and the courts and judicial administrator and to request of and utilize such
counsel, research, assistance, personnel, facilities, and advice as may be obtained from any and all
public sources and from any and all private sources, including but not restricted to private research
agencies, consulting groups, individuals, and organizations.
Authorizes the council to call upon the members or staffs of any and all existing departments or
agencies of the state for data or assistance, or both.
Authorizes the council to have the power and authority to hold hearings, subpoena witnesses,
administer oaths, require the production of books and records, and do all other things necessary to
discharge its duties and responsibilities. Requires that any subpoena or subpoena duces tecum be
issued only upon the approval of a majority of the members of the council.
Proposed law provides for the council membership, appointment of vacancies, and requires that
members serve without compensation. Requires that the council public meetings as it deems
necessary.
Proposed law provides that the council terminate on December 31, 2018.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends Ch. C. Arts. 305(A)(2), 306(D), and 804(1); adds R.S. 15:1441 through 1443)