Louisiana 2019 Regular Session

Louisiana House Bill HB386

Introduced
3/29/19  
Introduced
3/29/19  
Refer
3/29/19  
Refer
3/29/19  
Refer
4/8/19  

Caption

Provides relative to the release of a child taken into custody for commission of a delinquent act

Impact

The proposed amendments to the Children's Code Article 817(A) could significantly impact the current juvenile justice framework in Louisiana. By formalizing what the court must consider before granting a juvenile's release, the bill establishes a clear legislative directive for judges and probation officers, potentially leading to more informed and cautious decision-making. This could, in turn, enhance community safety and ensure that repeat offenders are managed more stringently. Furthermore, it reflects a shift towards accountability in juvenile actions related to firearms and serious offenses.

Summary

House Bill 386 aims to amend the procedures concerning the release of children taken into custody for committing delinquent acts. The bill specifies that when a court or authorized probation officer is evaluating the appropriateness of releasing a juvenile, they must consider the child's previous delinquency record, as well as any patterns of similar delinquent behavior. This is particularly pertinent when the act involves firearms or offenses against another person. By institutionalizing these considerations, the bill seeks to reinforce the judicial evaluation process prior to a child's release.

Sentiment

The sentiment surrounding HB 386 appears to lean towards a cautious optimism. Supporters argue that the bill adds necessary safeguards to the juvenile justice system, ensuring that repeat offenders do not pose a risk to society. However, there could also be concerns among advocates for juvenile rights, who typically emphasize rehabilitation over punitive measures. The impact of the bill on family dynamics, particularly regarding the involvement of parents or guardians in the release process, remains a crucial discussion point.

Contention

Notable points of contention may arise from discussions on the bill's implications for community engagement in juvenile rehabilitation. Critics may argue that focusing primarily on a child's prior delinquency could perpetuate a cycle of stigmatization, making reintegration into society more challenging. Additionally, there could be debates regarding the balance between public safety and the rights of minors, with some stakeholders advocating for a more rehabilitative approach rather than a punitive one. As such, HB 386 could be viewed through various lenses, highlighting the complexities inherent in juvenile law.

Companion Bills

No companion bills found.

Previously Filed As

LA HB11

Provides relative to the taking into custody of a seventeen-year-old who commits a misdemeanor-grade delinquent act

LA SB778

Juveniles; adjudication of delinquency, when and how child may be taken into immediate custody.

LA HB158

Provides relative to the detention or release of juveniles (EN SEE FISC NOTE LF EX See Note)

LA SB752

In juvenile matters, further providing for definitions, for powers and duties of probation officers and for informal adjustment, providing for requirement of diversion and further providing for taking into custody, for detention of child, for release or delivery to court, for release from detention or commencement of proceedings, for informal hearing, for release or holding of hearing, for consent decree, for disposition of delinquent child and for limitation on and change in place of commitment.

LA HB134

Delinquency Act Changes

LA SB326

Delinquency Act Changes

LA HB1245

Revise provisions related to the custody of an alleged delinquent child before and after a temporary custody hearing.

LA HB1324

Juvenile delinquency and detention.

LA SB1080

Juvenile and domestic relations district courts; adjudication of delinquency.

LA HB74

Provides relative to disposition of children after adjudication of certain felony-grade delinquent acts

Similar Bills

No similar bills found.