SB 261 STAYED ADULT SENTENCES & YOUTHFUL OFFENDER

Sen Gregory Baca

Actions: [4] SCC/SHPAC/SJC-SCC

Scheduled: Not Scheduled

 Senate Bill 261 (SB 261) allows for the imposition of a stayed adult criminal sentence upon the adjudication of a youthful offender. 

 Senate Bill 261 (SB 261) amends the Delinquency Act as it relates to youthful offenders.  A “youthful offender” is a delinquent child subject to adult or juvenile sanctions, depending on whether the child is “amenable to treatment”. The bill defines “amenable to treatment” as the ability of a child to be rehabilitated or treated sufficiently by the time the child reaches 21 years of age to protect the public’s safety. 

The bill adds another sentencing option for youthful offenders, in addition to the current choice between either a juvenile sanction or an adult sentence. The bill provides a third option, a “dual disposition” for a youthful offender who was found to be amenable to treatment. Under a dual disposition, the court may impose a juvenile sentence and an adult criminal sentence; however, the adult sentence is put on pause (“stayed”) on the condition that the child does not violate the juvenile sentence and not commit a new offense.  The bill lists the factors that can warrant a dual disposition, such as the seriousness of the offense and whether it was against a person. 

The bill details the procedure for executing the adult sentence, and requires a hearing on the petition to revoke the stay. If the court determines that the child violated the terms of the original sentence, the court must order execution of the previously imposed adult sentence unless the court makes a written finding of factors that justify continuing the stay. If there are no mitigating factors, the court must treat the child as an adult and order any of the adult sanctions authorized by the original sentence. Upon revocation of the stay, children’s court jurisdiction is terminated and jurisdiction switches to adult district court. 

The bill provides an additional way in which to implement a stayed adult sentence. Before a child who received a stayed adult sentence turns 21, the court must have a hearing and must: (1) revoke the stayed sentence and impose the adult sentence immediately, (2) order the adult sentence and place the offender on probation; or (3) order the release of the offender. This is only available if the court determines that the child was not amenable to treatment and the child is not eligible for commitment to an institution for children with developmental disabilities or mental disorders. The court also must make findings regarding factors of the offense and the history of the child. If the child is placed on probation and successfully completes probation, the adjudication is not considered a conviction and the court must enter a conditional discharge. If the child is placed in adult prison, all time served by the child under the juvenile sentence is credited towards the adult sentence. 
 

 Currently a youthful offender receives either a juvenile disposition or an adult sentence.