Center for Media and Democracy Alec Model Legislation Habitual Juvenile Offender Act
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Exposed ALEC EXPOSED Search ABOUT GO MEMBERS By the Center for Media and Democracy www.prwatch.org D I D Y O U K N O W ? Corporations VOTED to adopt this. Through ALEC, global companies LOGIN | LOGOUT | HOME | JOIN ALEC | CONTACT work as “equals” in “unison” with politicians to write laws to govern your life. Big FORCES ALEC PUBLICATIONS a TASK VOTE,” according toINITIATIVES newly exposed documents. DO YOU? EVENTS & MEETINGS BusinessMODEL has “aLEGISLATION VOICE and “ALEC” has long been a NEWS secretive collaboration between BigLegislation Business and Model “conservative” politicians. Civil Justice Behind closed doors, they Commerce, Insurance, ghostwrite “model” bills to and Economic be introduced in state Development capitols across the country. This agenda--underwritten Education by global corporations-Energy, Environment, includes major tax and Agriculture loopholes for big industries and the superRelations rich, Federal proposals to offshore U.S. Health and Human jobs and gut minimum Services wage, and efforts to weaken public health, International Relations safety, and environmental Public Safety and protections. Although many Elections of these bills have become law, until their Policy origin Tax now, and Fiscal has been largely unknown. Telecommunications With ALEC EXPOSED, the and Information CenterTechnology for Media and Democracy hopes more Americans will study the Print this Page bills to understand the depth and Text-Only breadth Page of how big corporations are Email this Page changing the legal rules and undermining democracy across the nation. ALEC’s’Corporate Board --in recent past or present • AT&T Services, Inc. • centerpoint360 • UPS • Bayer Corporation • GlaxoSmithKline • Energy Future Holdings • Johnson & Johnson • Coca-Cola Company • PhRMA • Kraft Foods, Inc. • Coca-Cola Co. • Pfizer Inc. • Reed Elsevier, Inc. • DIAGEO • Peabody Energy • Intuit, Inc. • Koch Industries, Inc. • ExxonMobil • Verizon • Reynolds American Inc. • Wal-Mart Stores, Inc. • Salt River Project • Altria Client Services, Inc. • American Bail Coalition • State Farm Insurance For more on these corporations, search at www.SourceWatch.org. Home Model Legislation Public Safety and Elections Habitual Juvenile Offender Act Summary Did you know the NRA--the National Rifle Association-was the corporate co-chair in 2011? This Act strengthens the juvenile code by creating a special category of "habitual juvenile offender" for youths who have habitually and repeatedly committed serious felonies, sexual offenses, or used a gun in the course of committing a crime. The Act ensures that juveniles who habitually commit serious crimes are not treated with a "slap on the wrist." Model Legislation Section 1. {Short Title} "This act may be cited as the Habitual Juvenile Offender Act" Section 2. {Legislative Declarations} Establishes a new category of juvenile offenders, the" habitual juvenile offender", against whom charges for criminal proceedings as adults may be filed directly in district court. Provides that habitual juvenile offenders may be sentenced to the youthful offender system in the department of corrections. Section 3. {Definitions} (A) An Act that constitutes a felony as noted 1 to 5 shall include the attempt, conspiracy, solicitation, or complicity to commit such offenses. (B) A "habitual juvenile offender" is a juvenile offender who has previously been twice adjudicated a juvenile delinquent for separate delinquent acts, arising out of separate and distinct criminal episodes that constitute felonies. Section 4. {Main Provisions} (A) A juvenile may be charged by the direct filing of information in the district court or by indictment only when: (1) The juvenile is fourteen years of age and is alleged to have committed a class 1 or class 2 felony; or (2) The juvenile is fourteen years of age or older and: (a) Is alleged to have committed a felony enumerated as a crime of violence as defined in Sec.3; or Exposed By the Center for Media and Democracy www.prwatch.org (b) Is alleged to have committed a felony offense noted in Section 3, except for the position of a handgun by a juvenile; or (c) Is alleged to have used, or possessed and threatened the use of, a deadly weapon during the commission of felony offenses against the person; or (3) The juvenile has, within the two previous years, been adjudicated a juvenile delinquent for a delinquent act that constitutes a felony, is sixteen years of age or older, and allegedly has committed a crime defined as a class 3 felony. (4) The juvenile is fourteen years of age or older, has allegedly committed a delinquent act that constitutes a felony, and has previously been subject to proceedings in district court as a result of a direct filing pursuant to this section or a transfer; except that, if a juvenile is found not guilty in the district court of the prior felony or any lesser included offense, the subsequent charge shall be remanded back to the juvenile court; OR (5) The juvenile is fourteen years of age or older, has allegedly committed a delinquent act that constitutes a felony, and is determined to be a "habitual juvenile offender". (B) Whenever criminal charges are filed by information or indictment in the district court pursuant to this section, the district judge shall sentence the juvenile as follows: (1) As an adult; or (2) (a) To the youth offender system in the department of corrections in accordance with state criminal code, if the juvenile is convicted of an offense described in Section 4 (A) (2) or (5); except that, if a person is convicted of a class 1 or 2 felony, any sexual offense or a second or subsequent offense described in said subparagraph (2) or (5) for which such person received a sentence to the department of corrections or to the youthful offender system, such person shall be ineligible for sentencing to the youthful offender system. (3) Pursuant to the provisions of this article, if the juvenile is less than sixteen years of age and is convicted of an offense other than a class 1 or class 2 felony or a crime of violence as defined in Section (3). Section 5. A juvenile may be sentenced to the youthful offender system created pursuant to this section under the circumstances set forth. In order to sentence a person to the youthful offender system, the court shall first impose upon such a person a sentence to the department of corrections. The court shall thereafter suspend such sentence conditioned on completion of a sentence to the youthful offender system, including a period of parole supervision. The court shall impose any such sentence to the youthful offender system for a determinate period of not less than one year not more than five years and a mandatory period of parole supervision for a period of one year. Upon the successful completion of the programs in the youthful offender system, including the mandatory period of supervision, the sentence to the department of corrections shall have been completed. Whenever a person is returned to the district court for revocation, the court shall impose the original sentence following the revocation of the sentence to the youthful offender system. Section 6. {No appropriation} (A) The general assembly has determined that this act can be implemented within existing appropriations, as set forth in subsection B of this section and therefore no separate appropriation of state monies is necessary to carry out the purposes of this act. (B) Of the adult beds provided for over a five year period by appropriations up to 5% of those beds will be allocated to implement this act. Of the beds provided for over a five year period by appropriations for the youthful offender system, up to 25% of those beds will be allocated to implement this act. Section 7. {Safety clause} The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. Section 8. {Severability Clause} Section 9. {Repealer Clause} Section 10. {Effective Date} ALEC's Sourcebook of American State Legislation 1996 About Us and ALEC EXPOSED. The Center for Media and Democracy reports on corporate spin and government About Members Login Logout Events & Meetings propaganda.! We are located in Madison, Wisconsin, publish www.SourceWatch.org, Model Legislation Task and Forces ALECwww.PRWatch.org, Initiatives Publications Home Join ALEC Contact News and now www.ALECexposed.org. For more information contact: editor@prwatch.org or 608-260-9713.