§49-4-729. Motion for Determination of Competency, Time Frames, Order for Evaluation
(a) When the prosecuting attorney, the juveniles attorney, or the guardian ad litem has reasonable basis to believe that: (1) A juvenile age 14 or older is incompetent to proceed in the delinquency action, that party shall file a motion for a determination of competency. The motion shall state any known facts to the movant […]
§49-4-730. Juvenile Competency Qualified Forensic Evaluator; Qualifications
An evaluation ordered by the court shall be conducted by a qualified forensic evaluator. (1) A qualified forensic evaluator shall have education and training in the following areas:
§49-4-731. Juvenile Competency Evaluation
(a) The qualified forensic evaluator shall file with the court a written competency evaluation report within 30 days after the date of entry of the order requiring the juvenile to be evaluated and appointing the qualified forensic evaluator. For good cause shown, the court may extend the time for filing for a period not to […]
§49-4-721. Rules Governing Juvenile Facilities; Rights of Juveniles
(a) The Director of the Division of Juvenile Services within the Department of Military Affairs and Public Safety shall propose legislative rules for promulgation in accordance with article three, chapter twenty-nine-a of this code, outlining policies and procedures governing the operation of those correctional, detention, predispositional detention centers and other facilities wherein juveniles may be […]
§49-4-722. Conviction for Offense While in Custody
(a) Notwithstanding any other provision of law to the contrary, any person who is 18 years of age or older who is convicted as an adult of an offense that he or she committed while in the custody of the Bureau of Juvenile Services and who is sentenced for the conviction to a regional jail […]
§49-4-723. Discrimination Prohibited; Penalties; Damages
(a) No individual, firm, corporation or other entity may discriminate against any person in any manner due to that person's prior involvement in a proceeding under this article if that person's records have been expunged pursuant to this article. This includes, but is not limited to, discrimination relating to employment, housing, education, obtaining credit, and […]
§49-4-724. Standardized Assessments
(a) The Supreme Court of Appeals is requested to adopt a risk and needs assessment to be used for adjudicated delinquents, detained and delivered to, or committed to the custody of the Commissioner of Corrections and Rehabilitation. A validation study of the risk and needs assessment may be conducted at least every three years to […]
§49-4-725. Restorative Justice Programs
(a) The court or prosecuting attorney may offer a juvenile, against whom a petition has been filed alleging that the juvenile has committed any of the offenses set forth in subsection (b) of this section, the opportunity to participate in a voluntary restorative justice program, where available, at any time prior to disposition of the […]
§49-4-726. Study of Juvenile Competency Issues; Requiring and Requesting Report and Proposed Legislation; Submission to Legislature
(a) The Secretary of the Department of Health and Human Resources and the Secretary of the Department of Military Affairs and Public Safety are directed, and the Juvenile Justice Commission of the Supreme Court of Appeals is requested to undertake a collaborative investigation and evaluation of issues regarding juvenile competency. They shall: (1) Develop appropriate […]
§49-4-711. Adjudication for Alleged Status Offenders and Delinquents; Mandatory Initial Disposition of Status Offenders
At the outset of an adjudicatory hearing, the court shall inquire of the juvenile whether he or she wishes to admit or deny the allegations in the petition. The juvenile may elect to stand silent, in which event the court shall enter a general denial of all allegations in the petition. (1) If the respondent […]