§ 10A-2-5-209A — Youthful offender review hearing - Extended

jurisdiction. A. The court shall schedule a youthful offender review hearing no less than every six (6) months. Additional review hearings may be scheduled upon the motion of the court or for good cause shown at the request of the youthful offender's attorney, the district attorney, or the Office of Juvenile Affairs. Notice shall be given to the youthful offender, the counsel, parent or guardian of the youthful offender, the district attorney, and the Office of Juvenile Affairs at the time the motion for review is made or filed. At the review hearing, the court may: 1. Extend the jurisdiction of the court, and the Office of Juvenile Affairs, as specified in subsection B and C of this section; 2. Order a community-placed youthful offender, if less than eighteen (18) years of age, into a sanctions program operated or contracted by the Office of Juvenile Affairs, if available, if the court determines the youthful offender has failed to comply with the rehabilitation plan; 3. Revoke the youthful offender's community placement and place the youthful offender in the custody of the Office of Juvenile Affairs if such offender is less than eighteen (18) years of age, if the court determines the youthful offender has substantially failed to comply with the rehabilitation plan; 4. Discharge the youthful offender from the supervision or custody of the Office of Juvenile Affairs without a court judgment of guilt and dismiss the case; or 5. Transfer the youthful offender from the supervision or custody of the Office of Juvenile Affairs to the Department of Corrections pursuant to the provisions of paragraph 2 of subsection A of Section 10 of this act. B. The court shall hold a hearing thirty (30) days prior to the youthful offender's eighteenth birthday, if the sentence has not expired, or the youthful offender has not been transferred to the custody or supervision of the Department of Corrections. At the hearing, the court shall make one of the following determinations to: 1. Extend the custody or supervision of Office of Juvenile Affairs, to continue the youthful offender's rehabilitation plan; 2. Discharge the adjudication without a court judgment of guilt and dismiss the case; or 3. Transfer the youthful offender into the custody or supervision of the Department of Corrections pursuant to paragraph 2 of subsection A of Section 10 of this act. The sentence imposed by the court on a youthful offender who is transferred to the custody or supervision of the Department of Corrections shall not exceed the maximum term of the original sentence. C. The court shall hold a hearing thirty (30) days prior to the youthful offender attaining the age of eighteen (18) years and six (6) months, if the sentence has not expired, or the youthful offender has not been transferred to the custody or supervision of the Department of Corrections. At the hearing, the court shall make one of the following determinations: 1. At the recommendation of the Office of Juvenile Affairs, the court may extend the youthful offender's custody or supervision to the age of nineteen (19) to allow him or her to complete the reintegration phase of the treatment program or community supervision. During this extension, the youthful offender may be transferred to the Department of Corrections pursuant to paragraph 2 of subsection A of Section 10 of this act; 2. Discharge the adjudication without a court judgement of guilt and dismiss the case; or 3. Transfer the youthful offender into the custody or supervision of the Department of Corrections pursuant to paragraph 2 of subsection A of Section 10 of this act. The sentence imposed by the court on a youthful offender who is transferred to the custody or supervision of the Department of Corrections shall not exceed the maximum term of the original sentence. D. If the court has extended jurisdiction of the youthful offender until nineteen (19) years of age, the youthful offender shall remain in the supervision or custody of the Office of Juvenile Affairs until he or she has been discharged or sentenced by the court or until his or her nineteenth birthday, at which time the youthful offender will be returned to the court for final disposition. The court shall have the same dispositional options as provided in paragraphs 2 and 3 of subsection B of this section. Any Motion to Transfer Custody to Department of Corrections shall be filed prior to the youthful offender's nineteenth birthday; provided, however, the hearing may occur after the nineteenth birthday to allow the youthful offender the latest possible time to be in compliance. E. The Office of Juvenile Affairs may make recommendations to the court concerning the disposition of any youthful offender placed in the supervision or custody of the Office of Juvenile Affairs. F. Any order issued by the sentencing court under subsection B, C, or D of this section shall be a final order, appealable when entered to the Court of Criminal Appeals. G. 1. If authorized by the court, any hearing may be conducted as a virtual hearing or through telephonic communications. 2. For purposes of this subsection: a. "telephonic communication" means participation by interactive telephonic communication which permits auditory communication between the court, the youthful offender, and all necessary participants, and b. "virtual hearing" means a hearing held where participation is accomplished in whole or in part using a computer program which permits both visual and auditory communication between the court, the youthful offender, and all necessary participants.

Legislative History

Added by Laws 2022, c. 375, § 9, eff. Nov. 1, 2022.