The original instrument was prepared by Thomas L. Tyler. The following digest,
which does not constitute a part of the legislative instrument, was prepared by Linda
Nugent.
DIGEST
SB 324 Reengrossed 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 present law provisions but allows the court discretion as to whether to transfer
the child to an adult facility for detention prior to trial as an adult. However, provides that a child
who is subject to criminal jurisdiction as an adult shall not be detained prior to trial in a juvenile
detention facility after reaching the age of 18 if the governing authority with funding responsibility
for the juvenile detention facility objects to the detention.
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 retains present law. However, provides that after June 30, 2018, child means any
person under the age of 21, including an emancipated minor, who commits a delinquent act on or
after July 1, 2018, when the act is not a crime of violence and occurs before the person attains 18
years of age. Further provides that after June 30, 2020, child means any person under the age of 21,
including an emancipated minor, who commits a delinquent act on or after July 1, 2020, and before
the person attains 18 years of age.
Proposed law creates the Louisiana Juvenile Jurisdiction Planning and Implementation Committee
as a committee of the Juvenile Justice Reform Act Implementation Commission and provides for
the committee to have the following authority, duties and responsibilities:
(1)Prior to January 1, 2017, to 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. Requires the plan to include
recommendations for changes required in the juvenile justice system to expand jurisdiction
to include persons 17 years of age. Provides the plan may include:
(a)The development of programs and policies that can safely reduce the number of
youth 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)The development of comprehensive projections to determine the long-term
distribution of placement capacity for youth in the juvenile justice system.
(c)An analysis of the impact of the expansion of juvenile jurisdiction to persons 17
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.
(2)No later than April 1, 2017, and quarterly thereafter, to 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.
(3)To have such powers, authority and prerogatives as that provided in present law for the
Juvenile Justice Reform Act Implementation Commission.
Proposed law provides that the membership of the committee shall be as follows:
(1)Each member of the Juvenile Justice Reform Act Implementation Commission which
includes:
(a)The chief justice of the Louisiana Supreme Court or an association justice as
appointed by the chief justice.
(b)One senator appointed by the president of the Senate.
(c)One representative appointed by the speaker of the House of Representatives.
(d)The commissioner of administration.
(e)The vice president for Administration and Management at Southern University or his
designee.
(f)One representative appointed by the Louisiana District Attorneys Association. (g)One representative appointed by the state public defender.
(2)Two sitting judges: one appointed by the president of the Louisiana District Judges'
Association and one appointed by the president of the Louisiana Committee of Juvenile and
Family Court Judges.
(3)The deputy secretary of the office of juvenile justice or his designee.
(4)The superintendent of the state Department of Education or his designee.
(5)The executive director of the Louisiana Sheriffs' Association or his designee.
(6)The president of the Louisiana Juvenile Detention Association or his designee.
(7)An attorney appointed by the Louisiana Public Defender Board.
(8)The executive director of the governor's Children's Cabinet.
(9)The director of the Institute for Public Health and Justice or his designee.
(10)Two child or youth advocates, one appointed by the president pro tempore of the Senate and
one appointed by the speaker pro tempore of the House of Representatives.
(11)Two parents of children who have been involved in the juvenile justice system, one
appointed by the executive director of the Cecil J. Picard Center for Child Development and
Lifelong Learning and one appointed by the executive director of the Children's Coalition
for Northeast Louisiana.
(12)An expert in juvenile justice, appointed by the chair of the Children's Code Committee of the
Louisiana State Law Institute.
(13)Two youth representatives who have been prosecuted in criminal court at the age of
seventeen, one appointed by the executive director of LouisianaChildren.org and one
appointed by the executive director of the Family and Youth Counseling Agency of Lake
Charles, Louisiana.
(14)A representative of the Police Jury Association of Louisiana.
(15)An attorney appointed by the Louisiana District Attorneys Association that is an expert in
juvenile prosecution.
Proposed law requires appointments to the committee to be made by September 1, 2016. Provides
that the executive director of the governor's Children's Cabinet shall serve as chair and call the first
meeting by October 1, 2016. Provides that the members serve without compensation except the
compensation to which they may be individually entitled as a member or employee of their respective organization or agency. Provides a majority of membership constitutes a quorum and any
official action of the committee requires an affirmative vote of a majority of the quorum present and
voting. Provides that the committee terminates on December 31, 2020.
Directs the Louisiana State Law Institute to study and to recommend to the legislature by March 1,
2017, other amendments and addition to the law as may be appropriate to effectuate the purpose of
including 17 year olds in the juvenile justice system.
Request the Louisiana Judicial Council to study and to recommend to the Supreme Court
amendments to Louisiana's Rules of Court as appropriate to effectuate the purpose of including 17
year olds in the juvenile justice system.
Directs the Department of Children and Family Services to study and to recommend new or amended
rules as appropriate for the safe operation of the state's juvenile detention centers with the inclusion
of 17 year olds in the juvenile justice system.
Provides that this Act shall be known as the "Raise the Age Louisiana Act of 2016."
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. 15:1441-1442 and Ch. C. Art.
306(G))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the original bill
1. Deletes provisions relative to legislative findings and declarations.
2. Adds the following to the membership of the committee: the vice president for
Administration and Management at Southern University; the executive director of the
governor's Children's Cabinet; a representative of the Police Jury Association of
Louisiana; a representative appointed by the Louisiana District Attorneys
Association; and an attorney appointed by the Louisiana District Attorneys
Association that is an expert in juvenile prosecution.
3. Changes chair of committee from commissioner of administration to executive
director of governor's Children's Cabinet.
4. Adds changes to proposed law definition of "child" for purposes of juvenile justice
matters from below the age of 18 effective immediately to a two-step progression
over the next four years.
5. Adds authority for a local governing authority with funding responsibility for a
juvenile detention facility to object to detention of a child over the age of 18 in such juvenile detention facility in certain circumstances.
6. Makes technical changes.
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Removes the authority of the judge with criminal jurisdiction to order a child be
detained in a juvenile detention facility when the governing authority with funding
responsibility objects to the detention.
2. Technical amendments.