(a) The state may petition the circuit court at any time to impose an adult sentence if the juvenile:
(1) Has violated a juvenile disposition order;
(2) Has been adjudicated delinquent or found guilty of committing a new offense; or
(3) Is not amenable to rehabilitation in the juvenile system.
(b) If the court finds by a preponderance of the evidence that the juvenile has violated a juvenile disposition order, has been found delinquent or guilty of committing a new offense, or is not amenable to rehabilitation in the juvenile system, the court may:
(1) Amend or add any juvenile disposition authorized by § 9-27-330; or
(2) (A) (i) Exercise its discretion to impose the full range of adult sentencing available in the criminal division of circuit court, including probation, suspended imposition of sentence, and imprisonment.
(ii) However, a sentence of imprisonment shall not exceed forty (40) years except for juveniles adjudicated for capital murder, § 5-10-101, and murder in the first degree, § 5-10-102, who may be sentenced for any term, up to and including life.
(B) Statutory provisions prohibiting or limiting probation or suspended imposition of sentence or parole for offenses when committed by an adult shall not apply to juveniles sentenced as extended juvenile jurisdiction offenders.
(C) A juvenile shall receive credit for time served in a juvenile detention or any juvenile facility.
(D) (i) A court may not order an absolute release of an extended juvenile jurisdiction offender who has been adjudicated delinquent for capital murder, § 5-10-101, or murder in the first degree, § 5-10-102.
(ii) If release is ordered, the court shall impose a period of probation for not less than three (3) years.
(c) (1) (A) The juvenile may petition the court to review and modify the disposition at any time.
(B) If the juvenile's initial petition is denied, the juvenile must wait one (1) year from the date of the denial to file a new petition for modification.
(2) (A) The Department of Human Services may petition the court to review and modify the disposition at any time.
(B) If the department's initial petition for review and modification is denied, the department must wait one (1) year from the date of the denial to file a new petition for review and modification unless the department has clear and convincing new evidence that the juvenile has been rehabilitated.
(d) (1) If the state or the juvenile files a petition to modify the court's disposition order before six (6) months prior to the juvenile's eighteenth birthday, the filing party bears the burden of proof.
(2) If the juvenile is sixteen (16) or seventeen (17) years of age at the time that the extended juvenile jurisdiction petition is filed, then the State of Arkansas or the juvenile may petition the court after the juvenile's eighteenth birthday but no later than six (6) months before the juvenile's twenty-first birthday.
(e) (1) If no hearing has been conducted six (6) months before the juvenile's eighteenth birthday or no later than six (6) months before the juvenile's twenty-first birthday if the juvenile is sixteen (16) or seventeen (17) years of age at the time that the extended juvenile jurisdiction petition is filed, the court shall conduct a hearing to determine whether to release the juvenile, amend or add any juvenile disposition, or impose an adult sentence.
(2) In making its determination, the court shall consider the following:
(A) The experience and character of the juvenile before and after the juvenile disposition, including compliance with the court's orders;
(B) The nature of the offense or offenses and the manner in which the offense or offenses were committed;
(C) The recommendations of the professionals who have worked with the juvenile;
(D) The protection of public safety;
(E) Opportunities provided to the juvenile for rehabilitation and the juvenile's efforts toward rehabilitation; and
(F) Victim impact evidence admitted pursuant to § 16-97-103.
(3) If the state seeks to impose an adult sentence, the state must prove by a preponderance of the evidence that the imposition of an adult sentence is appropriate and that public safety requires imposition.
(4) (A) Following a hearing, the court may enter any of the following dispositions:
(i) Release the juvenile;
(ii) Amend or add any juvenile disposition; and
(iii) (a) Exercise its discretion to impose the full range of sentencing available in circuit court, including probation, suspended imposition of sentence, and imprisonment.
(b) A sentence of imprisonment shall not exceed forty (40) years, except juveniles adjudicated for capital murder, § 5-10-101, and murder in the first degree, § 5-10-102, may be sentenced for any term, up to and including life.
(B) Statutory provisions prohibiting or limiting probation or suspended imposition of sentence or parole for offenses when committed by an adult shall not apply to juveniles sentenced as extended juvenile jurisdiction offenders.
(C) A juvenile shall receive credit for time served in a juvenile detention or any juvenile facility.
(D) (i) A court may not order an absolute release of an extended juvenile jurisdiction offender who has been adjudicated delinquent for capital murder, § 5-10-101, or murder in the first degree, § 5-10-102.
(ii) If release is ordered, the court shall impose a period of probation for not less than three (3) years.
(5) (A) A juvenile committed to the Division of Youth Services of the Department of Human Services under extended juvenile jurisdiction shall not remain in the physical custody of the division beyond the date of his or her twenty-first birthday, even if the court fails to provide a hearing before the release.
(B) If a court order imposing an adult sentence or granting the absolute release of a juvenile is not entered on or before the juvenile's twenty-first birthday, the division shall release the juvenile from its custody.
(C) Nothing in this subdivision (e)(5) shall limit the court's jurisdiction to impose a period of probation on offenders adjudicated delinquent for capital murder, § 5-10-101, or murder in the first degree, § 5-10-102, as required by subdivision (b)(2)(D) of this section.
Section: Previous 9-27-502 9-27-503 9-27-504 9-27-505 9-27-506 9-27-507 9-27-508 9-27-509 9-27-510 NextLast modified: November 15, 2016