RDCSB324 2697 4270
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
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 kidnapping,
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, except it 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 Jan. 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 that 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.
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(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 for the membership of the committee and requires appointments to
the committee to be made by Sept. 1, 2016. Provides that the executive director of the
governor's Children's Cabinet shall serve as chair and call the first meeting by Oct. 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 Dec. 31, 2020.
Directs the Louisiana State Law Institute to study and to recommend to the legislature by
March 1, 2017, other amendments and additions to the law as may be appropriate to
effectuate the purpose of including 17-year olds in the juvenile justice system.
Requests the Louisiana Judicial Council to study and 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 Dept. 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.
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.
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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.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the reengrossed bill:
1. Make technical corrections.
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