c. The juvenile's pattern of living, prior treatment history, and apparent potential
for responding to future treatment.
2. The prior record of the juvenile, including all of the following:
a. Whether the juvenile court has previously waived its jurisdiction over the
juvenile.
b. Whether the juvenile has been previously convicted following a waiver of the
juvenile court's jurisdiction or has been previously found delinquent.
c. Whether any prior conviction or delinquency adjudication involved the infliction
of serious bodily injury.
d. The juvenile's motives and attitudes.
e. The juvenile's prior offenses.
3. The type and seriousness of the offense, including both of the following:
a. Whether it was against persons or property.
b. The extent to which it was committed in a violent, aggressive, premeditated, or
willful manner.
4. The adequacy and suitability of facilities, services, and procedures available for
treatment of the juvenile and protection of the public within the juvenile justice system
and, where applicable, the mental health system, and the suitability of the juvenile for
placement in the Serious Juvenile Offender Program or the Adult Intensive Sanctions
Program.
5. The desirability of trial and disposition of the entire offense in one court if the
juvenile was allegedly associated in the offense with persons who will be charged with a
crime in adult court.
This bill requires the juvenile court to consider certain factors as weighing in favor
of retaining juvenile court jurisdiction and certain factors as weighing in favor of waiving
juvenile court jurisdiction.
Under the bill, the juvenile court must consider the following factors as factors that
favor retaining juvenile court jurisdiction over the juvenile:
• Whether the juvenile has a mental illness or developmental disability that could
be treated more effectively in the juvenile justice system than in the adult criminal justice
system.
• Whether the juvenile's physical or mental maturity make it more likely that the
juvenile will be harmed by placement in an adult facility or placement on probation.
• Whether the juvenile's pattern of living indicates that the juvenile will take
responsibility for his or her actions and maintain positive relationships.
• Whether the juvenile's prior treatment history indicates that the juvenile will
respond to future treatment.
• Whether the facilities, services, and procedures available for treatment of the
juvenile and protection of the public within the juvenile justice system and, where
applicable, the mental health system are adequate and suitable for the juvenile or
placement in the Serious Juvenile Offender Program is suitable for the juvenile.
The bill provides that the juvenile court must consider the following factors as
factors that favor waiving juvenile court jurisdiction over the juvenile:
• Whether the juvenile court has previously waived its jurisdiction over the
juvenile or the juvenile has been previously convicted following a waiver of the juvenile
court's jurisdiction or has been previously found delinquent.
• Whether a prior conviction or delinquency involved the infliction of serious bodily
injury.
• Whether the juvenile's prior treatment history indicates that the juvenile will not
respond to future treatment.
• Whether the juvenile's motives and attitudes demonstrate a lack of responsibility
and remorse for the juvenile's actions.
• Whether the juvenile's prior offenses are serious offenses or have become
progressively more serious.
• Whether the offense was against a person and was committed in a violent,
aggressive, premeditated, or willful manner.
• Finally, the bill eliminates as a waiver criterion the desirability of trial and
disposition of the entire offense in one court if the juvenile was allegedly associated in the
offense with persons who will be charged with a crime in adult court.
SB153, s. 1
1Section
1. 938.18 (2) of the statutes is amended to read:
SB153,3,102
938.18
(2) Petition. The petition for waiver of jurisdiction may be filed by the
3district attorney
or the juvenile or may be initiated by the court and shall contain a
4brief statement of the facts supporting the request for waiver. The petition for waiver
5of jurisdiction shall be accompanied by or filed after the filing of a petition alleging
6delinquency and shall be filed prior to the plea hearing, except that if the juvenile
7denies the facts of the petition and becomes 17 years of age before an adjudication,
8the petition for waiver of jurisdiction may be filed at any time prior to the
9adjudication. If the court initiates the petition for waiver of jurisdiction, the judge
10shall disqualify himself or herself from any future proceedings on the case.
Note: Repeals the language permitting a juvenile to file a petition for waiver to
adult court.
SB153, s. 2
1Section
2. 938.18 (5) (intro.) (except 938.18 (5) (title)) of the statutes is
2renumbered 938.18 (5) (ag) and amended to read:
SB153,4,43
938.18
(5) (ag) If prosecutive merit is found, the court shall base its decision
4whether to waive jurisdiction on the
following criteria
: in this subsection.
SB153, s. 3
5Section
3. 938.18 (5) (a) of the statutes is renumbered 938.18 (5) (ar) 1. and
6amended to read:
SB153,4,107
938.18
(5) (ar) 1.
The personality of the juvenile, including whether Whether 8the juvenile has a mental illness or developmental disability
, the that could be
9treated more effectively in the juvenile justice system than in the adult criminal
10justice system.
SB153,4,13
112. Whether the juvenile's physical
and or mental maturity
, and the make it
12more likely that the juvenile will be harmed by placement in an adult facility or
13placement on probation.
SB153,4,15
143. Whether the juvenile's pattern of living
, indicates that the juvenile will take
15responsibility for his or her actions and establish or maintain positive relationships.
SB153,4,17
164. Whether the juvenile's prior treatment history
, and apparent potential for
17responding indicates that the juvenile will respond to future treatment.
Note: Provides that the juvenile court must consider the following factors as
favoring retaining juvenile court jurisdiction:
• Whether the juvenile has a mental illness or developmental disability that could
be treated more effectively in the juvenile justice system than in the adult criminal justice
system.
• Whether the juvenile's physical or mental maturity make it more likely that the
juvenile will be harmed by placement in an adult facility or placement on probation.
• Whether the juvenile's pattern of living indicates that the juvenile will take
responsibility for his or her actions and maintain positive relationships.
• Whether the juvenile's prior treatment history indicates that the juvenile will
respond to future treatment.
SB153, s. 4
1Section
4. 938.18 (5) (am) of the statutes is renumbered 938.18 (5) (bm) 1. and
2amended to read:
SB153,5,63
938.18
(5) (bm) 1.
The prior record of the juvenile, including whether Whether 4the court has previously waived its jurisdiction over the juvenile
, whether or the
5juvenile has been previously convicted following a waiver of the court's jurisdiction
6or has been previously found delinquent
, whether such
.
SB153,5,8
72. Whether a prior conviction or delinquency involved the infliction of serious
8bodily injury
, the.
SB153,5,10
94. Whether the juvenile's motives and attitudes,
and the demonstrate a lack of
10responsibility and remorse for the juvenile's actions.
SB153,5,12
115. Whether the juvenile's prior offenses
are serious offenses or have become
12progressively more serious.
Note: Provides that the juvenile court must consider the following factors as
favoring waiver of juvenile court jurisdiction:
• Whether the juvenile court has previously waived its jurisdiction over the
juvenile or the juvenile has been previously convicted following a waiver of the juvenile
court's jurisdiction or has been previously found delinquent.
• Whether a prior conviction or delinquency involved the infliction of serious bodily
injury.
• Whether the juvenile's motives and attitudes demonstrate a lack of responsibility
and remorse for the juvenile's actions.
• Whether the juvenile's prior offenses are serious offenses or have become
progressively more serious.
SB153, s. 5
13Section
5. 938.18 (5) (ar) (intro.) of the statutes is created to read:
SB153,5,1514
938.18
(5) (ar) (intro.) The court shall consider the following criteria as factors
15that favor retaining jurisdiction over the juvenile:
SB153, s. 6
16Section
6. 938.18 (5) (b) of the statutes is renumbered 938.18 (5) (bm) 6. and
17amended to read:
SB153,6,3
1938.18
(5) (bm) 6.
The type and seriousness of Whether the offense
, including
2whether it was against
persons or property a person and
the extent to which it was
3committed in a violent, aggressive, premeditated
, or willful manner.
Note: Provides that the juvenile court must consider whether the offense was
against a person and was committed in a violent, aggressive, premeditated, or willful
manner as a factor favoring waiving juvenile court jurisdiction.
SB153, s. 7
4Section
7. 938.18 (5) (bm) (intro.) and 3. of the statutes are created to read:
SB153,6,65
938.18
(5) (bm) (intro.) The court shall consider the following criteria as factors
6that favor waiving jurisdiction over the juvenile:
SB153,6,87
3. Whether the juvenile's prior treatment history indicates that the juvenile
8will not respond to future treatment.
Note: Provides that the juvenile court must consider whether the juvenile's prior
treatment history indicates that the juvenile will not respond to future treatment as a
factor favoring waiving juvenile court jurisdiction.
SB153, s. 8
9Section
8. 938.18 (5) (c) of the statutes is renumbered 938.18 (5) (ar) 5. and
10amended to read:
SB153,6,1611
938.18
(5) (ar) 5. The
adequacy and suitability of Whether the facilities,
12services
, and procedures available for treatment of the juvenile and protection of the
13public within the juvenile justice system, and, where applicable, the mental health
14system
are adequate and suitable for the juvenile or
and the suitability of the
15juvenile for placement in the serious juvenile offender program under s. 938.538
or
16the adult intensive sanctions program under s. 301.048 is suitable for the juvenile.
Note: Provides that whether the facilities, services, and procedures available for
treatment of the juvenile and protection of the public within the juvenile justice system,
and, where applicable, the mental health system are adequate and suitable for the
juvenile or placement in the Serious Juvenile Offender Program is suitable for the
juvenile are factors that the juvenile court must consider as favoring retaining juvenile
court jurisdiction.
SB153, s. 9
17Section
9. 938.18 (5) (d) of the statutes is repealed.
Note: Repeals as a waiver criterion the desirability of trial and disposition of the
entire offense in one court if the juvenile was allegedly associated in the offense with
persons who will be charged with a crime in adult court.
SB153,7,52
(1)
Waiver criteria. This act first applies to offenses committed on the effective
3date of this subsection, but does not preclude consideration of a juvenile's prior record
4in determining whether to waive the jurisdiction of a court assigned to exercise
5jurisdiction under chapter 938 of the statutes.
