Communication Between Courts and

Schools

Harry Williams, CJPOMorgan County Juvenile Court

Attendance Supervisors MeetingGulf Shores, Alabama

April 30th - May 1st, 2003

Five PromisesPromise 1

Ongoing Relationship with a Caring Adult

Promise 2Safe Paces and Structured Activities

Promise 3Healthy Start

Promise 4Marketable Skills Through Effective

Education

Promise 5Opportunity to Serve

The Balanced Approach

Clients/Customers Goals Values

Restorative Justice

Competency/Skill Development

Victims

Youth

When an individual commits an offense, the of-fender incurs an obligation to individual victims and the community.

Community Community Safety

Competency/Skill Development

Accountability

Offenders who enter the juvenile justice system should be more capable when they leave than when they entered.

Juvenile justice has a responsibility to protect the public from juveniles in the system

Purpose of Juvenile Court

Section 12-15-1.1

Sharing Information

REQUIRED BY LAW CAREFUL ALLOWED BY LAW

12-15-71(k)

12-15-71(l)

12-15-71(m)

12-15-71(n)

12-15-71(o)

12-15-100(a)(3)

12-15-100(a)(7)

12-15-100(e)

12-15-105(a) 12-15-105(b)(c) 12-15-105(a)

Morgan County Juvenile Probation Website

http://morganjpo.alacourt.org/

General Order

Forms

Legal Status of Student Notice/Order

Order to Attend and Complete

Probation Application

Commitment to Cooperation

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Pending Legislation And Legal Issues

Pending Legislation #1Amendment of Section 16-1-24.1, Ala.Code 1975 – Code of Student Conduct – Student Handbooks

H.B. 265 (Hinshaw)

House Education Committee – 1st Reading – 3/6/03

 

This bill would permit local boards of education to include a summary of the code of student conduct in the student handbooks distributed at the beginning of the school year and would require that each code of student conduct include provisions relating to conduct and safety during school hours, at school-related functions, and on public school buses. This bill also adds a definition for “bullying”.

Pending Legislation #2Amendment of Section 12-15-105, Ala. Code 1975 – Notification to Schools of Certain Arrest Information

S.B. 196 (Little (T))

Senate Judiciary Committee – 1st Reading – 3/6/03

 

This bill would amend § 12-15-105, Ala. Code 1975, to allow juveniles charged with all Class A felonies, crimes of violence, drug offenses, or any other crime at the discretion of the judge, as well as the dispositions to these charges , to be reported by the courts to schools.

 

This bill also provides that the juvenile judge may order the school resource officer of the juvenile probation officer to provide juvenile case information about a student to the school principal where the student attends school.

“Seven Deadly Sins Act”Juveniles Ages 10-13 Prosecuted as Adults for Certain CrimesS.B. 197 (Little (T))Senate Judiciary Committee – 1st Reading – 3/6/03 

This bill: 

-Provides that juveniles 13 – 15 years of age at the time of the conduct charged with capital murder, murder, rape in the 1st degree, rape in the 2nd degree, sexual assault, any sexual offense enumerated in Sections 13A-6-60 through 13A-6-70, inclusive, Ala. Code 1975, sodomy against a minor, robbery in the 1st degree, assault in the 1st degree, or assault in the 2nd degree must be “charged, arrested, and tried as an adult” and must not fall within the juvenile court’s jurisdiction. 

-Provides that the adult court may sentence a juvenile convicted or having pled guilty to one of the above offenses to a juvenile disposition pursuant to § 12-15-171(c) and simultaneously impose a suspended adult sentence. Once the juvenile has successfully completed the juvenile disposition, the adult court shall review whether to impose or suspend the adult sentence. 

-Further provides that if the offender has received a suspended sentence pursuant to this section and the Department of Youth Services determines that the child is beyond the scope of its treatment programs, the department may petition the criminal court for transfer of custody. The court shall hold a hearing and decide to handle the child under one of the dispositions listed in the bill.

Pending Legislation #3

Legal IssueIn a Calhoun County Juvenile Court case, on a motion to dismiss

a truancy charge against a juvenile, the State Board of Education has been given twenty days, beginning 4/29/03, to submit a brief in response to questions raised pertaining to

Section 16-28-2.1 of The Code of Alabama. That section of the Code pertains to the adoption of a state standard attendance

policy.