Post-Waiver Juvenile Sentencing Act Exposed

The Post-Waiver Juvenile Sentencing Act does not include adoption or approval information. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

This Act provides guidelines for sentencing juveniles who have been waived into a circuit or other general criminal court for trial. It lists certain offenses for which a guilty conviction requires an adult sentence. It creates guidelines under which a juvenile may be sentenced under the juvenile system, after a trial in circuit or other general criminal court. In certain high volume drug cases, it provides for a third option, 25 years to life, as an alternative to the adult sentence, life imprisonment, and the traditional juvenile sentence.

Section 1. Sentencing Guidelines

A. The circuit or general criminal court shall sentence a juvenile convicted of any of the following crimes in the same manner as an adult:

1. Arson of a dwelling.

2. Assault with intent to commit murder.

3. Assault with intent to maim.

4. Attempted murder.

5. Conspiracy to commit murder.

6. Solicitation to commit murder.

7. First degree murder.

8. Second degree murder.

9. Kidnapping.

10. First degree criminal sexual conduct.(Rape)

11. Armed robbery.

12. Carjacking.

13. Assault with intent to do great bodily harm if the juvenile is armed with a dangerous weapon.

a. Dangerous weapon means one or more of the following:

i. Loaded or unloaded firearm, whether operable or inoperable.

ii. Knife, stabbing instrument, brass knuckles, blackjack, club, or other object specifically designed or customarily carried or used as a weapon.

iii. An object that is likely to cause death or bodily injury when used as a weapon and that is used as a weapon or carried or possessed for use as a weapon.

iv. An object or device that is used or fashioned in a manner to lead a person to believe the object or device is an object or device described in subparagraphs (i)(ii)or(iii).

14. Breaking and entering a dwelling, with a dangerous weapon, or while a person is present in the dwelling.

a. Dangerous weapon shall have the same meaning set forth in subsection (13)

15. Escape or attempted escape from a juvenile facility, but only if the juvenile facility

from which the individual escaped or attempted to escape was:

i. A high-security or medium security facility operated by the {Insert Appropriate State Juvenile Agency} or by a private agency under contract with (Insert Appropriate State Juvenile Agency).

16. An attempt’ to commit a violation described in paragraphs (1) through (15).

17. A conspiracy’ to commit a violation described in paragraphs (1) through (15).

18. A solicitation’ to commit a violation described in paragraphs (I) through (1.5).

19. Any lesser included offense of a violation described in paragraphs (1) through (15) if the individual is charged with a violation described in (I) through (15).

20. Any other violation arising out of the same transaction as a violation described in paragraphs (1) through (15) if the individual is charged with a violation described in paragraphs (1) through (15).

B. Unless a juvenile is required to be sentenced in the same manner as an adult under subsection (A), a judge of a court having jurisdiction over a juvenile shall conduct a hearing at the juvenile’s sentencing to determine if the best interests of the public would be served by placing the juvenile on adult probation and committing the juvenile to an adult state institution or agency, or by imposing any other sentence provided by law for an adult offender. Except as provided in subsection (D), the court shall sentence the juvenile in the same manner as an adult unless the court determines by a preponderance of the evidence that the interests of the public would be best served by placing the juvenile on juvenile probation and committing the juvenile to a juvenile state institution or agency. The rules of evidence do not apply to a hearing under this subsection,

In making the determination required under this subsection, the judge shall consider all of the following, giving greater weight to the seriousness of the alleged offense and the juvenile’s prior record of delinquency:

1. The seriousness of the alleged offense in terms of community protection, including, but not limited to, the existence of any aggravating factors recognized by the sentencing guidelines, the use of a firearm or other dangerous weapon, and the impact on any victim.

2. The culpability of the juvenile in committing the alleged offense, including, but not limited to, the level of the juvenile’s participation in planning and carrying out the offense and the existence of any aggravating or mitigating factors recognized by the sentencing guidelines.

3. The juvenile’s prior record of delinquency including, but not limited to, any record of detention, any police record, any school record, or any other evidence indicating prior delinquent behavior.

(1) Most states permit identical sanctions for “attempts, conspiracy, solicitation.” II’ your state permits identical sanctions, then this section shall apply. If not, you may wish to create a separate section to delineate penalties for “attempts, conspiracy, solicitation” discharged from care outside the juvenile’s own home and under court supervision.

G. If the court appoints an attorney to represent a juvenile, an order entered under this section may require the juvenile or person responsible for the juvenile’s support, or both, to reimburse the court for attorney fees.

H. An order directed to a person responsible for the juvenile’s support under this section is not binding on the person unless an opportunity for a hearing has been given and until a copy of the order is served on the person personally or by first-class mail to the person’s last known address.

I. If a juvenile is placed on probation and committed under subsection (B) or (C) to a juvenile state institution or agency, the circuit court or general criminal court shall retain jurisdiction over the juvenile while the juvenile is on probation and committed to that state institution or agency.

Severability Clause

Repealer Clause

Effective Date