LD 1589
pg. 2
Page 1 of 3 An Act to Require an Assessment Evaluation of Juveniles Entering the Juvenile J... Page 3 of 3
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LR 1502
Item 1

 
juvenile and the juvenile's parents, guardian or legal
custodian if the juvenile is not emancipated, the juvenile
caseworker may refer the juvenile for that care and treatment
and not request that a petition be filed;

 
B. Make whatever informal adjustment is practicable without
a petition. The juvenile caseworker may effect whatever
informal adjustment is agreed to by the juvenile and the
juvenile's parents, guardian or legal custodian if the
juvenile is not emancipated, including a restitution
contract with the victim of the crime and the performance of
community service. Informal adjustments may extend no longer
than 6 months and may not be commenced unless:

 
(1) The juvenile caseworker determines that the juvenile
and the juvenile's parents, guardian or legal
custodian, if the juvenile is not emancipated, were
advised of their constitutional rights, including the
right to an adjudicatory hearing, the right to be
represented by counsel and the right to have counsel
appointed by the court if indigent;

 
(2) The facts establish prima facie jurisdiction, except
that any admission made in connection with this
informal adjustment may not be used in evidence against
the juvenile if a petition based on the same facts is
later filed; and

 
(3) Written consent to the informal adjustment is obtained
from the juvenile and the juvenile's parents, guardian
or legal custodian if the juvenile is not emancipated;
or

 
C. If the juvenile caseworker determines that the facts are
sufficient for the filing of a petition, the juvenile
caseworker may request the prosecuting attorney to file a
petition. If this alternative is chosen, the juvenile
caseworker shall issue and may serve a summons in accordance
with section 3304. If the juvenile caseworker does not make
service before requesting the prosecuting attorney to file a
petition, the juvenile caseworker shall request a law
enforcement officer to serve the summons in accordance with
section 3304.

 
SUMMARY

 
This bill requires the Department of Corrections to provide a
juvenile with an assessment evaluation as soon as a juvenile
caseworker receives notice of the juvenile's arrest. The purpose


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