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SECOND REGULAR SESSION
HOUSE BILL NO. 3413
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE DOLAN.
7373H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 21 1.021, 21 1.069, 21 1.071, 21 1.072, and 21 1.073, RSMo, and to enact in
lieu thereof five new sections relating to certified juveniles.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 21 1.021, 21 1.069, 21 1.071, 21 1.072, and 21 1.073, RSMo, are
2 repealed and five new sections enacted in lieu thereof, to be known as sections 21 1.021,
3 21 1.071, 21 1.072, 21 1.073, and 21 1.075, to read as follows:
21 1.021. As used in this chapter , unless the context clearly requires otherwise , the
2 following terms mean :
3 (1) "Adult" [ means ] , a person eighteen years of age or older;
4 (2) "Certified juvenile", a child who has been certified under section 21 1.071 to
5 stand trial as an adult for an offense;
6 (3) "Child" [ means ] , any person under eighteen years of age;
7 [ (3) ] (4) "Juvenile court" [ means ] , the juvenile division or divisions of the circuit
8 court of the county , or judges while hearing juvenile cases assigned to them;
9 [ (4) ] (5) "Legal custody" [ means ] , the right to the care, custody and control of a child
10 and the duty to provide food, clothing, shelter , ordinary medical care, education, treatment
11 and discipline of a child. Legal custody may be taken from a parent only by court action and
12 if the legal custody is taken from a parent without termination of parental rights, the parent's
13 duty to provide support continues even though the person having legal custody may provide
14 the necessities of daily living;
15 [ (5) ] (6) "Parent" [ means ] , either a natural parent or a parent by adoption and if the
16 child is illegitimate, "parent" means the mother;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 [ (6) ] (7) "Shelter care" [ means ] , the temporary care of juveniles in physically
18 unrestricting facilities pending final court disposition. These facilities may include:
19 (a) "Foster home", the private home of foster parents providing twenty-four -hour care
20 to one to three children unrelated to the foster parents by blood, marriage or adoption;
21 (b) "Group foster home", the private home of foster parents providing twenty-four -
22 hour care to no more than six children unrelated to the foster parents by blood, marriage or
23 adoption; or
24 (c) "Group home", a child care facility which approximates a family setting, provides
25 access to community activities and resources, and provides care to no more than twelve
26 children ;
27 (8) "Y outh", the same meaning as defined in section 219.01 1 .
21 1.071. 1. If a petition or motion to modify alleges that a child between the ages of
2 fourteen and eighteen has committed an of fense that would be considered a felony if
3 committed by an adult, [the court may , upon its] upon the court's own motion or upon
4 motion by the juvenile of ficer , the child, or the child's custodian, the court may order a
5 hearing and may , in its discretion, dismiss the petition or motion to modify and such child
6 may be transferred to the court of general jurisdiction and prosecuted under the general law;
7 except that, [if a petition alleges that a child between the ages of twelve and eighteen has
8 committed an of fense that would be considered first degree murder under section 565.020,
9 second degree murder under section 565.021, first degree assault under section 565.050,
10 forcible rape under section 566.030 as it existed prior to August 28, 2013, rape in the first
11 degree under section 566.030, forcible sodomy under section 566.060 as it existed prior to
12 August 28, 2013, sodomy in the first degree under section 566.060, first degree robbery under
13 section 569.020 as it existed prior to January 1, 2017, robbery in the first degree under
14 section 570.023, distribution of drugs under section 195.21 1 as it existed prior to January 1,
15 2017, or the manufacturing of a controlled substance under section 579.055, if committed by
16 an adult, or a dangerous felony as defined in section 556.061, or any felony involving the use,
17 assistance, or aid of a deadly weapon, or has committed two or more prior unrelated of fenses
18 that would be felonies if committed by an adult,] the court shall order a hearing, and may , in
19 its discretion, dismiss the petition or motion to modify and transfer the child to a court of
20 general jurisdiction for prosecution under the general law if the petition or motion to modify
21 alleges that a child between the ages of twelve and eighteen has committed:
22 (1) An offense that, if committed by an adult, would be consider ed:
23 (a) Murder in the first degree under section 565.020;
24 (b) Distribution of a contro lled substance under section 195.21 1 as it existed
25 prior to January 1, 2017;
26 (c) Manufactur e of a contr olled substance under section 579.055; or
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27 (d) A danger ous felony as defined in section 556.061; or
28 (2) T wo or mor e prior unr elated offenses that would be felonies if committed by
29 an adult .
30 2. Upon apprehension and arrest, jurisdiction over the criminal of fense allegedly
31 committed by any person between eighteen and twenty-one years of age over whom the
32 juvenile court has retained continuing jurisdiction shall automatically terminate and that
33 of fense shall be dealt with in the court of general jurisdiction as provided in section 21 1.041.
34 3. Knowing and willful age misrepresentation by a juvenile subject shall not af fect
35 any action or proceeding which occurs based upon the misrepresentation. Any evidence
36 obtained during the period of time in which a child misrepresents [ his or her ] the child's age
37 may be used against the child and will be subject only to rules of evidence applicable in adult
38 proceedings.
39 4. W ritten notification of a transfer hearing shall be given to the [ juvenile ] child and
40 [ his or her ] the child's custodian in the same manner as provided in sections 21 1.101 and
41 21 1.1 1 1. Notice of the hearing may be waived by the custodian. Notice shall contain a
42 statement that the purpose of the hearing is to determine whether the child is a proper subject
43 to be dealt with under the provisions of this chapter , and that if the court finds that the child is
44 not a proper subject to be dealt with under the provisions of this chapter , the petition or
45 motion to modify will be dismissed to allow for prosecution of the child under the general
46 law .
47 5. The juvenile of ficer [ may ] shall consult with the of fice of prosecuting attorney
48 concerning any of fense for which the child could be certified as an adult under this section.
49 The prosecuting or circuit attorney shall have access to police reports, reports of the juvenile
50 or deputy juvenile of ficer , statements of witnesses and all other records or reports relating to
51 the offense alleged to have been committed by the child. The prosecuting or circuit attorney
52 shall have access to the disposition records of the child when the child has been adjudicated
53 pursuant to subdivision (3) of subsection 1 of section 21 1.031. The prosecuting attorney shall
54 not divulge any information regarding the child and the offense until the juvenile court at a
55 judicial hearing has determined that the child is not a proper subject to be dealt with under the
56 provisions of this chapter .
57 6. A written report shall be prepared in accordance with this chapter developing fully
58 all available information relevant to the criteria which shall be considered by the court in
59 determining whether the child is a proper subject to be dealt with under the provisions of this
60 chapter and whether there are reasonable prospects of rehabilitation within the juvenile justice
61 system. These criteria shall include , but not be limited to:
62 (1) The seriousness of the of fense alleged and whether the protection of the
63 community requires transfer to the court of general jurisdiction;
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64 (2) Whether the of fense alleged involved viciousness, force and violence;
65 (3) Whether the of fense alleged was against persons or property with greater weight
66 being given to the offense against persons, especially if personal injury resulted;
67 (4) Whether the of fense alleged is a part of a repetitive pattern of of fenses [ which ]
68 that indicates [ that ] the child may be beyond rehabilitation under the juvenile code;
69 (5) The record and history of the child, including experience with the juvenile justice
70 system, other courts, supervision, commitments to juvenile institutions , and other placements;
71 (6) The sophistication and maturity of the child as determined by consideration of [ his
72 or her ] the child's home and environmental situation, emotional condition , and pattern of
73 living;
74 (7) The age of the child;
75 (8) The program and facilities available to the juvenile court in considering
76 disposition;
77 (9) Whether or not the child can benefit from the treatment or rehabilitative programs
78 available to the juvenile court; and
79 (10) Racial disparity in certification.
80 7. If the court dismisses the petition to permit the child to be prosecuted under the
81 general law , the court shall enter a dismissal order containing:
82 (1) Findings showing that the court had jurisdiction of the cause and of the parties;
83 (2) Findings showing that the child was represented by counsel;
84 (3) Findings showing that the hearing was held in the presence of the child and [ his or
85 her ] the child's counsel; and
86 (4) Findings showing the reasons underlying the court's decision to transfer
87 jurisdiction.
88 8. A copy of the petition or motion to modify and order of the dismissal shall be sent
89 to the prosecuting attorney .
90 9. When a petition or motion to modify has been dismissed , thereby permitting a child
91 to be prosecuted under the general law , and the prosecution of the child results in a
92 conviction, the jurisdiction of the juvenile court over that child is forever terminated, except
93 as provided in subsection 10 of this section, for an act that would be a violation of a state law
94 or municipal ordinance.
95 10. If a petition or motion to modify has been dismissed , thereby permitting a child to
96 be prosecuted under the general law , and the child is found not guilty by a court of general
97 jurisdiction, the juvenile court shall have jurisdiction over any later of fense committed by that
98 child which would be considered a misdemeanor or felony if committed by an adult, subject
99 to the certification provisions of this section.
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100 1 1. If the court does not dismiss the petition or motion to modify to permit the child to
101 be prosecuted under the general law , it shall set a date for the hearing upon the petition as
102 provided in section 21 1.171.
21 1.072. 1. [A juvenile under eighteen years of age who has been certified to stand
2 trial as an adult for of fenses pursuant to section 21 1.071,] If currently placed in a secure
3 juvenile detention facility , unless otherwise order ed by the juvenile court, a certified
4 juvenile shall remain in a secure juvenile detention facility pending finalization of the
5 judgment and completion of appeal, if any , of the judgment dismissing the juvenile petition to
6 allow for prosecution under the general law [ unless otherwise ordered by the juvenile court ].
7 Upon the judgment dismissing the petition to allow prosecution under the general [ laws ] law
8 becoming final and adult char ges being filed, if the certified juvenile is currently in a secure
9 juvenile detention facility , the certified juvenile shall remain in such facility unless the
10 certified juvenile posts bond or the certified juvenile is transferred to an adult jail. If the
11 juvenile of ficer does not believe juvenile detention would be the appropriate placement or
12 would continue to serve as the appropriate placement, the juvenile of ficer may file a motion
13 in the adult criminal case requesting that the certified juvenile be transferred from a secure
14 juvenile detention facility to an adult jail. The court shall hear evidence relating to the
15 appropriateness of the certified juvenile remaining in a secure juvenile detention facility or
16 being transferred to an adult jail. At such hearing, the following individuals shall have the
17 right to be present and have the opportunity to present evidence and recommendations [ at
18 such hearing ]:
19 (1) The certified juvenile;
20 (2) The [ juvenile's ] parents of the certified juvenile ;
21 (3) The certified juvenile's counsel;
22 (4) The prosecuting attorney;
23 (5) The juvenile of ficer [ or his or her designee ] for the circuit in which the juvenile
24 was certified , or the juvenile officer's designee ;
25 (6) The juvenile officer [ or his or her designee ] for the circuit in which the [ pretrial-
26 certified ] certified juvenile is proposed to be held, if dif ferent from the circuit in which the
27 juvenile was certified , or the juvenile officer's designee ;
28 (7) Counsel for the juvenile of ficer; and
29 (8) Representatives of the county proposed to have custody of the [ pretrial-certified ]
30 certified juvenile.
31 2. Following the hearing, the court shall order that the certified juvenile continue to
32 be held in a secure juvenile detention facility subject to all Missouri juvenile detention
33 standards, or the court shall order that the [ pretrial-certified ] certified juvenile be held in an
34 adult jail , but only after the court has made findings that it would be in the best interest of
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35 justice to move the [ pretrial-certified ] certified juvenile to an adult jail. The court shall
36 weigh the following factors when deciding whether to detain a certified juvenile in an adult
37 facility:
38 (1) The certified juvenile's age;
39 (2) The certified juvenile's physical and mental maturity;
40 (3) The certified juvenile's present mental state, including whether [ he or she ] the
41 certified juvenile presents an imminent risk of self-harm;
42 (4) The nature and circumstances of the char ges;
43 (5) The certified juvenile's history of delinquency;
44 (6) The relative ability of the available adult and juvenile facilities to both meet the
45 needs of the certified juvenile and to protect the public and other [ youth in their custody ]
46 childr en or certified juveniles in the facilities ;
47 (7) The opinion of the juvenile of ficer in the circuit of the proposed placement as to
48 the ability of that juvenile detention facility to provide for appropriate care, custody , and
49 control of the [ pretrial-certified ] certified juvenile pr etrial ; and
50 (8) Any other relevant factor .
51 3. In the event the court finds that it is in the best interest of justice to require the
52 certified juvenile to be held in an adult jail, the court shall hold a hearing once every thirty
53 days to determine whether the placement of the certified juvenile in an adult jail is still in the
54 best [ interests ] interes t of justice. If a [ pretrial-certified juvenile under eighteen years of age ]
55 certified juvenile is ordered released on the certified juvenile's adult criminal case from an
56 adult jail following a transfer order under subsection 2 of this section and the certified
57 juvenile is detained on violation of the conditions of release or bond, the certified juvenile
58 shall return to the custody of the adult jail pending further court order .
59 4. A certified juvenile cannot be held in an adult jail for more than one hundred eighty
60 days unless the court finds, for good cause, that an extension is necessary or the juvenile,
61 through counsel, waives the one hundred eighty day maximum period. If no extension is
62 granted under this subsection, the certified juvenile shall be transferred from the adult jail to a
63 secure juvenile detention facility . If an extension is granted under this subsection, the court
64 shall hold a hearing once every thirty days to determine whether the placement of the certified
65 juvenile in an adult jail is still in the best interests of justice.
66 5. [Ef fective December 31, 2021, all previously pretrial-certified juveniles under
67 eighteen years of age who had been certified prior to August 28, 2021, shall be transferred
68 from adult jail to a secure juvenile detention facility , unless a hearing is held and the court
69 finds, based upon the factors in subsection 2 of this section, that it would be in the best
70 interest of justice to keep the juvenile in the adult jail.
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71 6. ] All [ pretrial-certified juveniles under eighteen years of age ] certified juveniles
72 who are held in adult jails pursuant to the best interest of justice exception shall continue to be
73 subject to the protections of the Prison Rape Elimination Act [ (PREA) ] of 2003, 42 U.S.C.
74 Section 15601 et seq., or any successor statute, and shall be physically separated from adult
75 inmates.
76 [ 7. ] 6. If the certified juvenile remains in juvenile detention, the juvenile of ficer may
77 file a motion to reconsider placement. The court shall consider the factors set out in
78 subsection 2 of this section and the individuals set forth in subsection 1 of this section shall
79 have a right to be present and present evidence. The court may amend its earlier order in light
80 of the evidence and ar guments presented at the hearing if the court finds that it would not be
81 in the best interest of justice for the juvenile to remain in a secure juvenile detention facility .
82 [ 8. ] 7. Issues related to the setting of, and posting of, bond along with any bond
83 forfeiture proceedings shall be held in the [ pretrial-certified ] certified juvenile's adult
84 criminal case.
85 [ 9. ] 8. Upon attaining eighteen years of age or upon a plea of guilty or conviction on
86 the adult char ges, the certified juvenile shall be transferred from juvenile detention to the
87 appropriate adult facility .
88 [ 10. ] 9. Any responsibility for transportation of and contracted service for the
89 certified juvenile who remains in a secure juvenile detention facility shall be handled by
90 county jail staf f in the same manner as in all other adult criminal cases where the defendant is
91 in custody .
92 [ 1 1. ] 10. The county jail staff shall designate a liaison assigned to each [ pretrial-
93 certified ] certified juvenile while housed in a juvenile detention facility , who shall assist in
94 communication with the juvenile detention facility on the needs of the certified juvenile
95 including, but not limited to, visitation, legal case status, medical and mental health needs,
96 and phone contact.
97 [ 12. ] 1 1. The per diem provisions as set forth in section 21 1.156 shall apply to
98 certified juveniles who are being held in a secure juvenile detention facility .
99 12. The prov isions of this section shall apply to juveniles who have been order ed
100 transferr ed to a court of general jurisdiction for pr osecution under the general law
101 prior to January 1, 2028.
21 1.073. 1. [ The court shall, ] In a case when the of fender is [under eighteen years of
2 age and has been transferred to a court of general jurisdiction pursuant to section 21 1.071,
3 and] a certified juvenile whose prosecution results in a conviction or a plea of guilty , the
4 court shall consider dual jurisdiction of both the criminal and juvenile codes, as set forth in
5 this section. The court is authorized to impose a juvenile disposition under this chapter and
6 simultaneously impose an adult criminal sentence, the execution of which shall be suspended
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7 pursuant to the provisions of this section. Successful completion of the juvenile disposition
8 ordered shall be a condition of the suspended adult criminal sentence. The court may order an
9 of fender into the custody of the division of youth services pursuant to this section:
10 (1) Upon agreement of the division of youth services; and
11 (2) If the division of youth services determines that there is space available in a
12 facility designed to serve of fenders sentenced under this section.
13
14 If the division of youth services agrees to accept a [ youth ] certified juvenile and the court
15 does not impose a juvenile disposition, the court shall make findings on the record as to why
16 the division of youth services was not appropriate for the of fender prior to imposing the adult
17 criminal sentence.
18 2. If there is probable cause to believe that the of fender has violated a condition of the
19 suspended sentence or committed a new of fense, the court shall conduct a hearing on the
20 violation char ged, unless the of fender waives such hearing. If the violation is established and
21 found the court may continue or revoke the juvenile disposition, impose the adult criminal
22 sentence, or enter such other order as it may see fit.
23 3. When an of fender has received a suspended sentence pursuant to this section and
24 the division determines the [ child ] certified juvenile is beyond the scope of its treatment
25 programs, the division of youth services may petition the court for a transfer of custody of the
26 of fender . The court shall hold a hearing and shall:
27 (1) Revoke the suspension and direct that the of fender be taken into immediate
28 custody of the department of corrections; or
29 (2) Direct that the of fender be placed on probation.
30 4. When an of fender who has received a suspended sentence reaches the age of
31 eighteen, the court shall hold a hearing. The court shall:
32 (1) Revoke the suspension and direct that the of fender be taken into immediate
33 custody of the department of corrections;
34 (2) Direct that the of fender be placed on probation; or
35 (3) Direct that the of fender remain in the custody of the division of youth services if
36 the division agrees to such placement.
37 5. The division of youth services shall petition the court for a hearing before it
38 releases an of fender who comes within subsection 1 of this section at any time before the
39 of fender reaches the age of twenty-one years. The court shall:
40 (1) Revoke the suspension and direct that the of fender be taken into immediate
41 custody of the department of corrections; or
42 (2) Direct that the of fender be placed on probation.
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43 6. If the suspension of the adult criminal sentence is revoked, all time served by the
44 of fender under the juvenile disposition shall be credited toward the adult criminal sentence
45 imposed.
21 1.075. 1. Beginning January 1, 2028, unless otherwise order ed by the juvenile
2 court, a certified juvenile shall be transferr ed to the division of youth services pending
3 finalization of the judgment and completion of appeal, if any , of the judgment dismissing
4 the juvenile petition to allow for prosecution under the general law . Upon the judgment
5 dismissing the petition to allow prosecution under the general law becoming final and
6 adult charges being filed, the certified juvenile shall r emain in the custody of the
7 division of youth services unless the certified juvenile posts bond or the certified juvenile
8 is transferred to an adult jail. If the division of youth services does not believe
9 placement with the division of youth services would be appr opriate or would continue to
10 be appr opriate, the division may file a motion in the adult criminal case requ esting that
11 the certified juvenile be transferr ed to an adult jail. The court shall hear evidence
12 r elating to the appr opriateness of the certified juvenile r emaining with the division of
13 youth services or being transferr ed to an adult jail. At such hearing, the following
14 individuals shall have the right to be pr esent and have the opportunity to pre sent
15 evidence and r ecommendations:
16 (1) The certified juvenile;
17 (2) The par ents of the certified juvenile;
18 (3) The certified juvenile's counsel;
19 (4) The pr osecuting attorney; and
20 (5) The sheriff or another repr esentative of the county jail prop osed to have
21 custody of the certified juvenile.
22 2. Following the hearing, the court shall order that the certified juvenile
23 continue to be held by the division of youth services, or it shall order the certified
24 juvenile to be held in an adult jail, but only after the court has made findings that it
25 would be in the best inter est of justice to move the certified juvenile to an adult jail. The
26 court shall weigh the following factors when deciding whether to detain a certified
27 juvenile in an adult facility:
28 (1) The age of the certified juvenile;
29 (2) The physical and mental maturity of the certified juvenile;
30 (3) The pr esent mental state of the certified juvenile, including whether the
31 certified juvenile pr esents an imminent risk of self-harm;
32 (4) The natur e and cir cumstances of the charges;
33 (5) The certified juvenile's history of delinquency;
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34 (6) The rel ative ability of the available adult jail and the division of youth
35 services to pr otect the public and meet the needs of the certified juvenile and other
36 youth or certified juveniles in its custody; and
37 (7) Any other rel evant factor .
38 3. In the event the court finds that it is in the best interes t of justice to r equir e the
39 certified juvenile to be held in an adult jail, the court shall hold a hearing once every
40 thirty days to determine whether the placement of the certified juvenile in an adult jail
41 is still in the best interes t of justice. Following a transfer order under subsection 2 of
42 this section, if a certified juvenile is order ed released on the certified juvenile's adult
43 case fro m an adult jail and the certified juvenile is detained on violation of the
44 conditions of release or bond, the certified juvenile shall r eturn to the custody of the
45 adult jail pending further court order .
46 4. A certified juvenile shall not be held in an adult jail for mor e than one
47 hundr ed eighty days unless:
48 (1) The court finds that an extension is necessary for good cause; or
49 (2) Thr ough counsel, the certified juvenile waives the maximum period of one
50 hundr ed eighty days. If the court does not grant an extension under this subsection, the
51 certified juvenile shall be transferred fr om the adult jail to the division of youth services.
52 If the court grants an extension under this subsection, the court shall hold a hearing
53 once every thirty days to determine whether the placement of the certified juvenile in an
54 adult jail is still in the best interes t of justice.
55 5. All certified juveniles who are held in adult jails under the best interes t of
56 justice exception shall continue to be subject to the pr otections of the Prison Rape
57 Elimination Act of 2003, 42 U.S.C. Section 15601 et seq., or any successor statute, and
58 shall be physically separated fro m adult inmates.
59 6. If the certified juvenile rem ains with the division of youth services, the
60 division of youth services or the pr osecuting attorney may file a motion to reco nsider
61 placement. The court shall consider the factors set out in subsection 2 of this section,
62 and the individuals set forth in subsection 1 of this section shall have a right to be
63 pr esent and pr esent evidence. The court may amend its earlier order in light of the
64 evidence and arguments present ed at the hearing if the court finds that it would not be
65 in the best inter est of justice for the certified juvenile to rem ain with the division of
66 youth services.
67 7. Issues r elated to the setting and posting of bond, along with any bond
68 forfeitur e proceed ings, shall be held in the certified juvenile's adult criminal case.
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69 8. Upon attaining eighteen years of age or upon a plea of guilty or conviction on
70 the adult charges, the certified juvenile shall be transferred to the appr opriate adult
71 facility .
72 9. The county jail staff shall be res ponsible for transportation of a certified
73 juvenile fr om the division of youth services to all court appearances that requ ire the
74 pr esence of the defendant. The division of youth services shall be re sponsible for
75 transportation of a certified juvenile for any other purpose.
76 10. The county jail staff shall designate a liaison assigned to each certified
77 juvenile while with the division of youth services, which liaison shall assist in
78 communication with the division of youth services, including, but not limited to,
79 visitation, legal case status, medical and mental health needs, and phone contact.
[ 21 1.069 . Sections 21 1.071 and 21 1.073 shall be known and may be
2 cited as "Jonathan's Law". ]
✔
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