Detail Sheet for HB 16

Prepared March 31, 1998

The juvenile justice system operates on the presumption that minors make mistakes, sometimes serious ones, but that they deserve additional attention and care because they have a greater possibility of rehabilitation. Increasingly serious juvenile crime and increasingly frequent rates of crime have placed the juvenile justice system under great stress. HB 16 provides the juvenile justice system with additional tools to address some of these needs:

1. Dual sentencing of serious offenders. The dual sentencing provisions apply to any felony crime against a person committed by a minor previously adjudicated as a delinquent (second conviction). This includes all class "C" and "B" felony crimes against a person:

• Criminally negligent homicide "C"
• 2^nd and 3^rd degree assault "B" & "C"
• Stalking "C"
• 2^nd & 3^rd degree sexual assault "B" & "C"
• 2^nd & 3^rd sexual assault of a minor "B" & "C"
• Exploitation of a minor "B"
• 2^nd degree robbery "B"
• Extortion "B"
• Coercion "C"
• More serious class A and unclassified felonies are now waived to adult court.

2. Authorizing municipalities to take minors before civil court. Local government is better able to handle lower level juvenile crime. Local government is also better able to interdict juvenile behavior to prevent more serious criminal acts. Enforcement of curfew violations is one type of low level interdiction.
3. Involving communities in the informal adjudication process. Allowing communities to become responsibile for the handling of juvenile crimes also allows communities to provide local solutions.
4. Allow police officers to testify at the preliminary detention hearing and to report matters observed by victims or witnesses. This prevents the victims from having to report to the court many times before the trial.
5. Community service. An important and effective way of providing minors with an understanding that their destructive behavior has consequences.
6. Communication between federal and state officials. State agencies need to be able to communicate with federal drug enforcement officials and gang task forces.
7. Providing semi-secure and secure residential treatment for minors with mental health problems who now end up in our juvenile detention centers.

Additional references, administration’s position:

• Governor’s "Children’s Cabinet": Ms. Margo, Knuth, AAG 465-4338.
• Health and Social Services: Mr. Elmer Lindstrom, 465-3030.
• Youth Corrections: Mr. Bob Butcane, 465-3191.
• House Minority: Representative John Davies, 465-4457.