Juvenile Justice News
Sweeping Reform Legislation Enacted in Alabama
The Alabama legislature unanimously passed and Gov. Bob Riley signed in May the Alabama Juvenile Justice Act of 2008. The Act is one piece of an ongoing, multifaceted reform effort in Alabama to reduce reliance on juvenile incarceration and expand community-based alternatives.
The legislation was the culmination of a long-term collaborative effort by stakeholders throughout the system – judiciary, executive, legislative, state and local government, advocates and public officials – to improve outcomes for children and to make the juvenile justice system more accountable to the children and families it serves and to the taxpayers who fund it.
The new law prohibits juvenile judges from locking up certain children – those classified as "in need of supervision" – who have committed non-criminal offenses such as truancy, running away and missing curfew.
The legislation also adopts detailed practice standards for juvenile defenders. "Effectively representing children in delinquency matters requires significant specialized knowledge and preparation," said Mary Ann Scali, deputy director of the National Juvenile Defender Center. "Alabama’s new Juvenile Justice Act takes a giant step towards ensuring that children in Alabama receive the skilled representation to which they are entitled."
At the bill signing, Riley emphasized that Alabama’s juvenile justice system was flooded with low-risk children in expensive institutions.
"Many of these children have never even committed a crime. As recently as two years ago, at least 79 percent of children admitted to the Alabama Department of Youth Services were locked up for nonviolent misbehavior," Riley said.
"By freeing up resources to develop community-based alternatives, the state can better serve these children who need assistance," he added.
Other provisions include:
- Prohibits schools from filing ungovernable petitions against students.
- Distinguishes between a guardian ad litem and a juvenile defender, and articulates detailed duties for each.
- Strengthens the authority of courts to divert cases by providing that a formal petition may not be filed against a child unless a neutral and detached magistrate has first determined that the filing of the petition is in the best interests of the public and the child.
- Prohibits secure custody for status offenders.
- Prohibits secure custody for children under the age of 13, unless the child is charged with a Class A felony or another offense involving death or serious bodily injury.
- Codifies federal mandates concerning jail removal and sight-and-sound separation.
- Eliminates the current requirement that a child must be placed in alternative school following release from DYS or trial as an adult.
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