NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature. The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.
The LFC is only preparing FIRs on bills referred to the Senate Finance Committee, the Senate Ways and Means Committee, the House Appropriations and Finance Committee and the House Taxation and Revenue Committee. The chief clerks are responsible for preparing and issuing all other bill analyses.
Only the most recent FIR version, excluding attachments, is available on the Intranet. Previously issued FIRs and attachments may be obtained from the LFC office in Room 416 of the State Capitol Building.
|SHORT TITLE:||State Appeal of Children's Court Order||SB||390|
(Parenthesis ( ) Indicate Expenditure Decreases)
Relates to House Bill 101, 102
SOURCES OF INFORMATION
Administrative Office of the Courts (AOC)
Public Defender Department
Synopsis of Bill
Senate Bill 390 gives the state the ability to appeal an order of the children's court that suppresses evidence. It expands the time period for diagnostic evaluations of delinquent offenders from 15 to 60 days. Also, it increases the period of commitment for a child who commits an offense that includes a use of a firearm. In addition, it removes a finding that must be made by the children's court prior to sentencing a youthful offender to an adult sentence.
According to the AOC, the statutory maximum period for diagnostic confinement was ninety days for a child adjudicated as a delinquent. This was changed to fifteen days during the 1993 Legislative Session.
The Corrections Department indicates that if the court is no longer required to find the child is not eligible for commitment to an institution for the developmentally disabled or mentally disordered before the court sentences a youthful offender as an adult, then an increased number of such offenders will go to Department prisons, which could result in increased costs to the Corrections Department.
There is no appropriation contained within this bill. Concerns about additional costs to the Corrections Department have been raised. Also, with juvenile offenders spending more time at the diagnostic facilities, additional cost may be incurred.
Additional administrative functions to the Corrections Department may be a result of additional youth offenders being sentence to Department facilities. In addition, the courts may have an additional administrative impact as a result of increased appeals.
Relates to House Bill 101, "Delinquent Offender Diagnostic Evaluations" and House Bill 102, "Appeal Children's Court Order."