Effective - 01 Jan 2021, 2 histories
211.073. Transfer to court of general jurisdiction, dual jurisdiction of both criminal and juvenile codes — suspended execution of adult sentence, revocation of juvenile disposition — petition for transfer of custody, hearing — offender age eighteen, hearing — offender age twenty-one, hearing — credit for time served. — 1. The court shall, in a case when the offender is under eighteen years of age and has been transferred to a court of general jurisdiction pursuant to section 211.071, and whose prosecution results in a conviction or a plea of guilty, consider dual jurisdiction of both the criminal and juvenile codes, as set forth in this section. The court is authorized to impose a juvenile disposition under this chapter and simultaneously impose an adult criminal sentence, the execution of which shall be suspended pursuant to the provisions of this section. Successful completion of the juvenile disposition ordered shall be a condition of the suspended adult criminal sentence. The court may order an offender into the custody of the division of youth services pursuant to this section:
(1) Upon agreement of the division of youth services; and
(2) If the division of youth services determines that there is space available in a facility designed to serve offenders sentenced under this section.
If the division of youth services agrees to accept a youth and the court does not impose a juvenile disposition, the court shall make findings on the record as to why the division of youth services was not appropriate for the offender prior to imposing the adult criminal sentence.
2. If there is probable cause to believe that the offender has violated a condition of the suspended sentence or committed a new offense, the court shall conduct a hearing on the violation charged, unless the offender waives such hearing. If the violation is established and found the court may continue or revoke the juvenile disposition, impose the adult criminal sentence, or enter such other order as it may see fit.
3. When an offender has received a suspended sentence pursuant to this section and the division determines the child is beyond the scope of its treatment programs, the division of youth services may petition the court for a transfer of custody of the offender. The court shall hold a hearing and shall:
(1) Revoke the suspension and direct that the offender be taken into immediate custody of the department of corrections; or
(2) Direct that the offender be placed on probation.
4. When an offender who has received a suspended sentence reaches the age of eighteen, the court shall hold a hearing. The court shall:
(1) Revoke the suspension and direct that the offender be taken into immediate custody of the department of corrections;
(2) Direct that the offender be placed on probation; or
(3) Direct that the offender remain in the custody of the division of youth services if the division agrees to such placement.
5. The division of youth services shall petition the court for a hearing before it releases an offender who comes within subsection 1 of this section at any time before the offender reaches the age of twenty-one years. The court shall:
(1) Revoke the suspension and direct that the offender be taken into immediate custody of the department of corrections; or
(2) Direct that the offender be placed on probation.
6. If the suspension of the adult criminal sentence is revoked, all time served by the offender under the juvenile disposition shall be credited toward the adult criminal sentence imposed.
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(L. 1995 H.B. 174, et al., A.L. 1998 S.B. 684, A.L. 2013 S.B. 36, A.L. 2018 S.B. 793 merged with S.B. 800)
Effective 1-01-21