S1242 — An Act relative to pre-adjudication credit for juvenile offenders

Summary

An Act relative to pre-adjudication credit for juvenile offenders

Bill Text

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The bill modifies the treatment and consideration of youthful offenders in relation to their pre-trial detention and behavior for sentencing purposes.

• Section 58 of Chapter 119

  the period of time the youthful offender spent in a secure detention facility awaiting trial, the period of time the youthful offender spent on an electronic monitoring bracelet awaiting trial;

  Adds the time spent in secure detention and on an electronic monitoring bracelet to be considered in connection with the youth's maturity.

• Section 58 of Chapter 119

  The court shall order that a youthful offender, who receives either a sentence as provided by the law or a combination sentence pursuant to this section, be deemed to have served a portion of their sentence pursuant to Chapter 279 Section 33A.

  Establishes that time served by a youthful offender prior to sentencing counts toward their overall sentence.

• Section 68 of chapter 119

  The department shall prepare and submit a report to the court prior to adjudication for children who are detained or spent time on an electronic monitoring bracelet before adjudication that shall include the following: i) The length of time the youthful offender spent in DYS custody before trial. ii) The period of time the youthful offender spent on an electronic monitoring bracelet awaiting trial iii) The participation of the youthful offender in DYS programming including but not limited to educational and vocational programming. iv) The behavior and compliance of the youthful offender during their pre-trial detention and/or prior commitment. v) The department shall include only positive details that the department deems could positively impact their sentencing.

  Requires the department to report specific information about youthful offenders' pre-trial detention and programming to the court.

• Section 5 of Chapter 120

  (f) The department shall incorporate the following into the internal evaluation prepared once a youthful offender is committed to their custody. i) The length of time the youthful offender spent in DYS custody before trial. ii) The participation of the youthful offender in DYS programming including but not limited to educational programming. iii) The behavior and compliance of the youthful offender during their commitment. g) When the youthful offender is in the custody of the department before adjudication, the department shall inform the youthful offender that their behavior, compliance, and participation in DYS programs shall be considered in sentencing and that, if a judge commits them to DYS custody after their trial, for their internal evaluation by the department.

  Mandates the inclusion of pre-trial behavior and programming details in the internal evaluation of youthful offenders and requires informing them about the implications for their sentencing.

Sponsors

• Pavel M. Payano · Primary

Subjects