Amendments	Fiscal Memos
HA0580	Amendment 1-0 to HB0430
HA1077	Amendment 2-0 to HB0430
HA1112	Amendment 3-0 to HB0430
HA1129	Amendment 4-0 to HB0430
HA1131	Amendment 5-0 to HB0430

	Amendments	Fiscal Memos
SA0432	Amendment 1-0 to SB0624

NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

Fiscal Summary

Other Fiscal Impact – Due to multiple unknow factors, the extent and timing of any decrease in state incarceration expenditures cannot be reasonably determined.

Bill Summary

Under present law, after a petition has been filed alleging delinquency based on conduct that is designated a crime or public offense under the laws, including local ordinances, of this state, the court, before hearing the petition on the merits, may transfer the child to the sheriff of the county to be held and dealt with as an adult in the criminal court of competent jurisdiction. Present law requires the disposition of the child to be as if the child were an adult if certain conditions are met.

This bill provides that if the juvenile court does not transfer a child who is 16 years of age or older to criminal court and adjudicates the child to be a delinquent child due to commission of an offense that would be a Class A, B, or C felony if committed by an adult, then the court is authorized to impose a disposition of blended sentencing pursuant to the general provisions of law governing juvenile courts and proceedings.

This bill defines "blended sentencing" as a combination of any disposition otherwise provided for in the general provisions of law governing juvenile courts and proceedings and a period of adult probation, pursuant to the laws governing criminal procedure, and the Tennessee Criminal Sentencing Reform Act of 1989, to be served after the child turns 18 and that ends on or before the child's 25th birthday.

Within six months before the child's 18th birthday, this bill requires the juvenile court to hold a hearing to review the child's circumstances and determine the reasonable conditions of probation to be imposed during the period of adult probation.

This bill provides that during the time the offender is serving on probation, the juvenile court has the same powers as a trial court, including the power to preside over revocation proceedings. This bill further provides that if the offender violates the conditions of probation or commits a new offense, then the juvenile court may impose any consequence that may be imposed on an adult offender serving a period of probation and is not limited to the dispositions authorized by this law.

This bill applies to acts committed on or after July 1, 2023.

ON APRIL 13, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 624, AS AMENDED.

AMENDMENT #1 rewrites this bill to authorize a court to classify a child 16 years of age or older as a serious youthful offender if the child is adjudicated delinquent for:

(1) An act that would be a Class A felony if committed by an adult;

(2) An act that would be a Class B felony if committed by an adult and the child has two or more previous adjudications of delinquency for acts that would be Class A, B, or C felonies if committed by an adult; or

(3) An act that would be a Class C felony if committed by an adult and the child has three or more previous adjudications of delinquency for acts that would be Class A, B, or C felonies if committed by an adult.

This amendment authorizes a court to impose any of the dispositions authorized for a child who is adjudicated delinquent under present law upon a juvenile classified as a serious youthful offender. If the court imposes a determinate commitment for the serious youthful offender, then the time credits for good institutional behavior or satisfactory performance do not apply to shorten the time of a serious youthful offender's determinate commitment.

This amendment authorizes a court to impose an additional sentence to be served after a serious youthful offender turns 19 years of age, which ends on or before the offender's twenty-fourth birthday. If imposed, the additional sentence beyond the serious youthful offender's nineteenth birthday must extend for at least:

(1) Four years if the child is adjudicated delinquent for an act that would be a Class A felony if committed by an adult;

(2) Three years if the child is adjudicated delinquent for an act that would be a Class B felony if committed by an adult; or

(3) One year if the child is adjudicated delinquent for an act that would be a Class C felony if committed by an adult.

A court may set aside an additional sentence imposed pursuant to (1)-(3). This amendment requires the court to conduct a hearing within four months of the serious youthful offender's nineteenth birthday to review the offender's circumstances and determine whether the additional sentence should be set aside. The full text of this amendment specifies five factors for the court's consideration when making such determination.

If the court imposes an additional sentence beyond a serious youthful offender's nineteenth birthday, then the court is required to enter an order on or before the offender's nineteenth birthday committing the offender to the custody of the department of correction to serve the additional sentence imposed by the juvenile court.

This amendment requires a court to make an audio recording of a hearing conducted pursuant to this amendment, which recording must include all proceedings in open court and such other proceedings as the judge may direct and must be preserved as part of the record of the hearing.

ON APRIL 23, 2024, THE HOUSE SUBSTITUTED SENATE BILL 624 FOR HOUSE BILL 430, ADOPTED AMENDMENTS #2 AND #3, AND PASSED SENATE BILL 624, AS AMENDED.

AMENDMENT #2 deletes the provision requiring the juvenile court to hold a hearing to review the child's circumstances and determine the reasonable conditions of probation to be imposed during the period of adult probation, within six months before the child's eighteenth birthday and, instead, authorizes the court to impose any of the dispositions set forth in the law regarding a delinquent child or a combination of any such dispositions, upon a juvenile classified as a serious youthful offender. However, the disposition must be for a fixed period of time that does not end before the serious youthful offender's nineteenth birthday. If the court commits the serious youthful offender to the custody of the department, then the time credits set forth in the law regarding commitment of delinquent children to the department of children's services must not apply to shorten the time of a serious youthful offender's disposition imposed pursuant to this amendment.

AMENDMENT #3 rewrites the bill to, instead, make the changes described below to the law relevant to juvenile courts and proceedings on January 1, 2025.

EXCLUSIVE ORIGINAL JURISDICTION

Present law provides that the juvenile court has exclusive original jurisdiction of proceedings in which a child is alleged to be delinquent, unruly or dependent and neglected, or to have committed a juvenile traffic offense. This amendment revises the present law by adding an exception for when a child is alleged to be delinquent when a child is alleged to have committed an act that would, if adjudicated delinquent, require the child to be classified as a serious youthful offender.

CONCURRENT JURISDICTION

This amendment provides that the juvenile court and the circuit and criminal court have concurrent jurisdiction in proceedings in which a child is alleged to have committed an act that would, if adjudicated delinquent, require the child to be classified as a serious youthful offender.

CONDUCT OF HEARING

If a juvenile is alleged to have committed an act that would require the juvenile to be classified as a serious youthful offender, then this amendment provides that the juvenile has a right to a jury trial at the adjudication hearing. The juvenile must be advised of the right to a jury trial by the juvenile court. The right to a jury trial may be waived by the juvenile only after the juvenile has been advised of the juvenile's right to a trial by jury and after consultation with the juvenile's attorney. A waiver of the right to a jury trial must be in writing and signed by the juvenile, the juvenile's attorney, and the juvenile's parent or guardian. The court must inquire on the record to ensure that the waiver was made in a knowing and voluntary manner.

If a juvenile does not waive the juvenile's right to a jury trial, then this amendment requires the adjudication hearing to be conducted in the circuit or criminal court by a circuit or criminal court judge. If the juvenile is adjudicated delinquent by a jury and the juvenile is required to be classified as a serious youthful offender, then the circuit or criminal court must transfer jurisdiction of the matter to the juvenile court for disposition. If the juvenile is adjudicated delinquent by the jury for an offense that does not require the juvenile to be classified as a serious youthful offender, then the circuit or criminal court must transfer jurisdiction of the matter to the juvenile court for disposition. If a juvenile waives the juvenile's right to a jury trial, then the adjudication hearing must be conducted by the juvenile court.

This amendment provides that the law relevant to criminal procedure and the Tennessee Rules of Criminal Procedure not in conflict with this amendment that regulate criminal jury trials in circuit or criminal court apply to jury trials for juveniles' subject to classification as a serious youthful offender. The speedy trial requirements apply to an adjudication hearing before a jury in circuit or criminal court. Unless good cause is shown, an adjudication hearing before a jury in circuit or criminal court must be held within one year of the juvenile being advised of the juvenile's right to a trial by jury.

SERIOUS YOUTHFUL OFFENDER

This amendment requires the court to classify a child 14 or older as a serious youthful offender if:

(1) The child is adjudicated delinquent for an offense listed in (i) or (ii) below, or an attempt to commit an offense listed in (i) or (ii) below;

(2) The child is adjudicated delinquent for an offense listed in (iii)-(xvi) below and the child has a prior adjudication of delinquency for any offense listed in (i)-(xvi) below; or

(3) The child has been adjudicated delinquent for an offense listed in (iii)-(xvi) below and the district attorney general has asked the court to classify the child as a serious youthful offender.

This amendment applies to delinquent acts committed by a child that, if committed by an adult, would constitute (i) first degree murder if the child was 14 or older but less than 16 years of age at the time of the commission of the offense; (ii) second degree murder if the child was 14 or older but less than 16 at the time of the commission of the offense; (iii) rape; (iv) aggravated rape; (v) rape of a child; (vi) aggravated rape of a child; (vii) aggravated robbery; (viii) especially aggravated robbery; (ix) especially aggravated burglary; (x) aggravated kidnapping; (xi) especially aggravated kidnapping; (xii) commission of an act of terrorism; (xiii) carjacking; (xiv) aggravated child abuse or aggravated child neglect or endangerment; (xv) any other Class A or Class B felony offense involving the use of a deadly weapon during the commission of the offense; or (xvi) criminal attempt to commit any Class A felony offense listed in this (i)-(xvi).

This amendment authorizes the court to impose any of the dispositions set forth in the law relevant to dispositions regarding unruly children, or a combination of any such dispositions, upon a juvenile classified as a serious youthful offender. However, the disposition must be for a fixed period of time that does not end before the serious youthful offender's nineteenth birthday. If the court commits the serious youthful offender to the custody of the department, then the time credits must not apply to shorten the time of a serious youthful offender's disposition imposed pursuant to this amendment. Additionally, the court must impose an additional disposition to be served after the serious youthful offender turns 19, and which ends on or before the twenty-fourth birthday. The additional disposition may include probation. The minimum additional disposition beyond the serious youthful offender's nineteenth birthday must be:

(1) Four years if the juvenile is adjudicated delinquent for an act that would be a Class A felony if committed by an adult; or

(2) Three years if the juvenile is adjudicated delinquent for an act that would be a Class B felony if committed by an adult.

This amendment requires the court to stay the additional disposition imposed pursuant to this amendment.

This amendment requires the court to conduct a hearing within four months of the serious youthful offender's nineteenth birthday to review the offender's circumstances and determine whether the stayed additional disposition should be invoked. The court must consider whether the serious youthful offender has:

(A) Committed another delinquent act;

(B) Engaged in other conduct that creates a substantial safety risk;

(C) Failed to meet the conditions of supervision during the determinate disposition prior to the hearing;

(D) Failed to (i) attend school regularly with passing grades, unless prevented by illness; (ii) graduate from high school; (iii) obtain a high school equivalency credential approved by the state board of education; or (iv) regularly attend a Tennessee college of applied technology with passing grades; or

(E) Failed to obtain regular employment or enroll in an institution of higher education, if the offender has graduated from high school or obtained a high school equivalency credential approved by the state board of education.

If the court finds any three of the circumstances set forth in (A)-(E) above, then the court must revoke the stay and invoke the additional disposition. If the court revokes the stay, then the court may order the serious youthful offender to serve the additional disposition as originally imposed or the court may modify the length of the additional disposition, subject to the minimum requirements set forth in this amendment. If the court imposes an additional disposition beyond a serious youthful offender's nineteenth birthday, then the court must enter an order on or before the offender's nineteenth birthday committing the offender to the supervision of the department of correction to serve the additional sentence imposed by the juvenile court. Under no circumstances must the serious youthful offender remain in the custody of the department of children's services beyond the offender's nineteenth birthday. If the court determines that the additional disposition should not be invoked, then the juvenile court must enter an order terminating supervision as of the serious youthful offender's nineteenth birthday.

This amendment requires the court to make or cause to be made an audio recording of a dispositional hearing conducted pursuant to this amendment or a disposition review hearing conducted pursuant to this amendment. The recording must include all proceedings in open court and such other proceedings as the judge may direct and must be preserved as part of the record of the hearing.

This amendment requires a serious youthful offender supervised in a secure facility to be housed separate and removed from the general population. In determining the secure facility location of the serious youthful offender, the commissioner of correction must take into consideration the proximity of the facility to the offender's home. During the time of any disposition served after the serious youthful offender's nineteenth birthday, the juvenile court has the same powers as a trial court. If the offender is found to have violated the conditions of probation or committed a new offense, then the juvenile court may impose any consequences that may be imposed on an adult offender serving a period of probation, and the court is not limited to the disposition authorized in this amendment.

TRANSFER FROM JUVENILE COURT

Present law requires the disposition of the child to be as if the child were an adult if the child was 14 or more but less than 17 at the time of the alleged conduct and charged with first degree murder or second degree murder or attempted first or second degree murder. This amendment changes that age range to 14 or more but less than 16.

Present law requires the disposition of the child to be as if the child were an adult if the child was 17 or more at the time of the alleged conduct. This amendment revises the present law by, instead, requiring the disposition of the child to be as if the child were an adult if the child was 17 or more at the time of the alleged conduct alleged conduct and charged with an offense other than first degree murder or second degree murder or attempted first or second degree murder".

DETERMINATION HEARING

If a child is alleged to have committed an offense or engaged in conduct that is designated a crime or public offense under the laws of this state, and the child meets the criteria listed below, then this amendment requires the court, before a hearing on the merits of the petition, to conduct a hearing to determine whether the child should be transferred to a criminal court of competent jurisdiction to be tried as an adult.

The above provision applies if the child was 16 or older at the time of the alleged conduct and charged with the offense of: (i) first degree murder; (ii) second degree murder; or (iii) attempted first or second degree murder.

This amendment requires the court to provide reasonable notice in writing of the time, place, and purpose of the hearing to the child and the child's parents, guardian, or other custodian at least 14 days prior to the hearing.

This amendment requires the child to be transferred and tried as an adult in criminal court if the juvenile court finds probable cause to believe that: (i) the child committed the delinquent act as alleged; and (ii) the child is not committable to an institution for the developmentally disabled or mentally ill.

This amendment prohibits the district attorney general from seeking, or any child tried as an adult in criminal court receiving, a sentence of death or mandatory imprisonment for life without the possibility of parole.

If the juvenile court determines that the child must be transferred to criminal court to be tried as an adult, then this amendment requires the court to enter a written order detailing the court's findings of fact and conclusions of law. Following entry of the order, the child is subject to indictment, presentation, or information for the offense charged. If the juvenile court determines that the child must not be transferred to criminal court to be tried as an adult, then the court must enter a written order detailing the court's findings of fact and conclusions of law. The criminal court, or court having criminal jurisdiction, may review the juvenile court's determination.

This amendment provides that when a child transferred under this amendment is detained, the juvenile court must order confinement in a local juvenile detention facility or a juvenile detention facility with which it contracts, except that the juvenile court may order confinement in an adult detention facility separate and removed from adult detainees if the sheriff affirms to the court that the adult detention facility has the ability to comply with the requirements of existing law, and that the population of the adult detention facility does not exceed the capacity of the facility. The court having adult criminal jurisdiction may thereafter order detention in an adult detention facility separate and removed from adult detainees. However, during the period while such child is detained separately from adult detainees, the child must otherwise abide by the same regulations and policies governing conditions of imprisonment that apply to adult detainees who are charged with similar offenses. Similar regulations and policies governing educational opportunities for adults must be implemented for a child so detained, but such regulations and policies do not affect or alter the manner in which a local education agency is required to provide educational services to a child under the federal Individuals with Disabilities Education Act.

A person who is transferred and who was 16 or older at the time of the offense and is subsequently convicted and committed must be housed in a juvenile correctional facility unless the committing court orders commitment to an adult facility. A person committed to an adult facility must be housed separate and removed from adult inmates. In exercising the commissioner's discretion to determine the institutional location of any such person, the commissioner of correction must take into consideration the proximity of the institution to the person's home. However, during any period while the person is confined separately from adult inmates within a regional facility, the person must otherwise abide by the same regulations and policies governing conditions of imprisonment that apply to adult inmates who are confined for similar offenses. Similar regulations and policies governing educational opportunities for adults must be implemented for a child so detained, but the regulations and policies must not affect or alter the manner in which a local education agency is required to provide educational services to a child under the federal Individuals with Disabilities Education Act.

APPEALS

This amendment requires the criminal court, or court having criminal jurisdiction, to review a juvenile court's determination pursuant to this amendment, upon motion of the child or the prosecution. If a motion to appeal is filed, then the clerk of the juvenile court must file the record on appeal no later than 15 days after the entry of the juvenile court's order. The criminal court or court having criminal jurisdiction must conduct a de novo review of the juvenile court's determination, and the court's review must be expedited. The review by the criminal court or court having criminal jurisdiction is a review of the record only and must be conducted without an evidentiary hearing.

This amendment requires the state to serve and file a brief no later than 15 days after the date on which the record is filed with the clerk of the criminal court or court having criminal jurisdiction. Counsel for the child must serve and file a brief within 15 days after the state's brief is filed with the clerk. Reply briefs are not permitted. The criminal court or court having criminal jurisdiction must issue a decision within 45 days after the date on which the record is filed with the clerk of the criminal court or court having criminal jurisdiction. If a motion to appeal is filed, then the juvenile court's jurisdiction over the alleged delinquent conduct under de novo review by the criminal court or court having criminal jurisdiction is automatically stayed until the review by the criminal court or court having criminal jurisdiction is completed. Appeals in all other civil matters heard by the juvenile court are governed by the Tennessee Rules of Appellate Procedure.