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21LSO-0666
2021
STATE OF WYOMING
21LSO-0666
Numbered
2.0
HOUSE BILL NO. HB0246
Eliminate fines and fees for juvenile offenders.
Sponsored by: Representative(s) Styvar, Provenza and Wharff and Senator(s) Rothfuss
A BILL
for
AN ACT relating to children; amending the juvenile justice act to eliminate fines, fees and costs imposed on juveniles or their parents in juvenile delinquency and criminal court proceedings; requiring the appointment of an attorney as specified; removing the term child from contempt of court and contempt of court from the definition of delinquent act; eliminating civil actions for support as specified; making conforming amendments; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
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W.S. 7
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106(b) and (c), 14
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201(a)(ix), 14
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203(f) by creating a new paragraph (vi), 14
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219(a), 14
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222(b), 14
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6
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242 and 21
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13
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315(f) are amended to read:
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106.
Determination of need; reimbursement for services.
(b)
In determining whether a person is a needy person and in determining the extent of his inability to pay,
and, in the case of an unemancipated minor, the inability to pay of his custodial parent or another person who has a legal obligation of support,
the court shall consider the standards set forth in subsections (f) through (h) of this section and Rule 44(d), Wyoming Rules of Criminal Procedure. Release on bail does not necessarily prevent a person from being determined to be needy. In each case the person, subject to the penalties for perjury, shall certify in writing, or by other record, the material factors relating to his ability to pay as the court prescribes.
(c)
In every case in which a person has received services under W.S. 7
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104, the presiding judge shall determine whether the person
or, in the case of an unemancipated minor, his custodial parent or any other person who has a legal obligation of support,
is able to provide any funds towards payment of part or all of the
cost associated with such services.
If the person
or, in the case of an unemancipated minor, his custodial parent or any other person who has a legal obligation of support,
is not able to provide any funds towards payment of costs, the court shall enter a specific finding on the record.
If the court determines the person
or, in the case of an unemancipated minor, his custodial parent or any other person who has a legal obligation of support,
is able to provide any amount as reimbursement, the court shall order the person
or, in the case of an unemancipated minor, his custodial parent or any other person who has a legal obligation of support,
to reimburse the state for all or part of the costs of the services provided or shall state on the record the reasons why an order for reimbursement was not entered. Where a person is initially provided with counsel pursuant to W.S. 7
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105(a), but subsequently retains private counsel, the court may order the person to reimburse the state for the services already provided. All reimbursements under this act shall be made through the clerk of court.
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6
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201.
Definitions; short title; statement of purpose and interpretation.
(a)
As used in this act:
(ix)
"Delinquent act" means an act punishable as a criminal offense by the laws of this state or any political subdivision thereof,
or contempt of court under W.S. 14
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6
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242,
or an act violating the terms and conditions of any court order which resulted from the criminal conviction of any child but does not include a status offense;
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6
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203.
Jurisdiction; confidentiality of records.
(f)
The district attorney shall establish objective criteria, screening and assessment procedures for determining the court for appropriate disposition in cooperation and coordination with each municipality in the jurisdiction of the district court.
The district attorney shall serve as the single point of entry for all minors alleged to have committed a crime.
Except as otherwise provided in this section, copies of all charging documents, reports or citations for cases provided in this subsection shall be forwarded to the district attorney prior to the
filing of the charge, report or citation in municipal or city court. The following cases, excluding status offenses, may be originally commenced either in the juvenile court or in the district court or inferior court having jurisdiction:
(vi)
Regardless of the court jurisdiction determined to be appropriate, and not withstanding any contrary provision of law, no court shall impose fines, administrative fees, costs, or surcharges as part of any sentence, disposition or judgment upon a person who was a minor at the time of the offense, nor upon the person's parent or guardian.
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6
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219.
Physical and mental examinations; involuntary commitment of incompetents; subsequent proceedings.
(a)
Any time after the filing of a petition, on motion of the district attorney or the child's parents, guardian, custodian or attorney or on motion of the court, the court may order the child to be examined by a licensed and qualified physician, surgeon, psychiatrist or
psychologist designated by the court to aid in determining the physical and mental condition of the child. The examination shall be conducted on an outpatient basis, but the court may commit the child to a suitable medical facility or institution for examination if deemed necessary. Commitment for examination shall not exceed fifteen (15) days. Any time after the filing of a petition, the court on its own motion or motion of the district attorney or the child's parents, guardian, custodian or attorney, may order the child's parents, guardians or other custodial members of the child's family to undergo a substance abuse assessment
at the expense of the child's parents, guardians or other custodial members of the child's family
and to fully comply with all findings and recommendations set forth in the assessment. Failure to comply may result in contempt proceedings as set forth in W.S. 14
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242.
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222.
Advising of right to counsel required; appointment of counsel.
(b)
The court shall
upon request
appoint counsel who may be the guardian ad litem to represent the child if the
child, his parents, guardian, custodian or other person responsible for the child's support
are
advise the court that the child is
unable to obtain counsel.
If appointment of counsel is requested, the court shall require the child and his parents, guardian, custodian or other person legally responsible for the child's support to verify their financial condition under oath, either by written affidavit signed and sworn to by the parties or by sworn testimony made a part of the record of the proceedings. The affidavit or sworn testimony shall state they are without sufficient money, property, assets or credit to employ counsel in their own behalf. The court may require further verification of financial condition if it deems necessary.
If the child requests counsel and his parents, guardian, custodian or other person responsible for the child's support is able but unwilling to obtain counsel for the child, the court shall appoint counsel to represent the child and may direct reimbursement of counsel fees under W.S. 14
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235(c).
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242.
Liability for contempt; penalties.
Notwithstanding any other provision of law, the court upon its own motion or upon the motion of the district or county attorney, or guardian ad litem, may find that the
child,
child's parent, parents, or guardian or any other person who willfully violates, or neglects or refuses to obey or perform any order or provision of this act is liable for contempt of court and may be fined not more than five hundred dollars ($500.00) or incarcerated not more than ninety (90) days, or both.
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13
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315.
Costs of court ordered placement of children in private residential treatment facilities, group homes, day treatment programs and juvenile detention facilities.
(f)
Only group homes and residential treatment facilities certified by the department of family services are eligible to receive funding for residential and treatment services under this section. Costs for education services shall be paid by the department of education under this section only if the educational program of the group home or residential treatment facility or the program provided by the board of cooperative educational services
meets the standards of subsection (b) of this section and has been approved by the department.
The department of family services and the department of education shall provide the courts with a list of approved facilities and services.
The court shall determine the parents' or the guardian's contribution to the court ordered placement for all costs excluding necessary education costs based on the parents' or guardian's ability to pay as provided by W.S.
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236 or
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435.
Section 2.
W.S. 14
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229(e)(iii) and (iv), 14
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235(c) and (d), 14
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236, 14
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244 and 14
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247(a)(vi) and (xiii)(A) are repealed.
Section 3.
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
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HB0246