On September 30, 2011, the provisions in HB 86 go into effect. Several of the bill’s provisions affect youth in juvenile court and youth who are bound over to the adult court and could have an impact on the way public defenders, court-appointed counsel, and private attorneys who work with youth handle their cases. The four major areas changed by HB 86 that are relevant to defenders are:
- Competency: HB 86 creates a uniform definition for competency in juvenile proceedings and a new procedure for courts to determine competency. (Fact Sheet)
- Gun specifications: HB 86 changes the amount of specification time youth who are accomplices in gun-related offenses can receive. (Fact Sheet and Case Examples)
- Judicial release: HB 86 allows judges to release youth after their minimum sentence is completed and after they have served one year of a multi-year specification. (Fact Sheet)
- Bindover: HB 86 provides that mandatory bindover youth can be reverse waived – or sent back to the juvenile court – depending on what charges, if any, the youth is ultimately convicted of or plead guilty to. (Fact Sheet)
If you have any questions about the new provisions in HB 86, please contact Erin Davies at erind.2@fuse.net.
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