Deflection Supports Justice-Involved Youth

Legislative Oversight Committee Concerning the Treatment of Persons with Behavioral Health Disorders in the Criminal and Juvenile Justice Systems. Current law establishes the youthful offender system in the department of corrections as a sentencing option that provides a continuum of services. Section 1 of the bill:

• Revises certain legislative declaration provisions to emphasize lasting behavioral changes in preparation for reentry, accountability, healthy relationship building, and offender and staff safety;
• Adds language related to housing arrangements and equitable treatment for youthful offenders, including youthful offenders with disabilities;
• Adds a requirement for rehabilitative treatment and life skills programming and, in certain cases, for individual and family therapy and substance use disorder treatment;
• Elaborates on clinician evaluations, tailored treatment plans, and client manager requirements for youthful offenders; and
• Imposes an annual reporting requirement beginning in January 2026.

Section 2 of the bill applies the standards for determining competency in juvenile delinquency cases to juveniles who have charges directly filed against them in adult court, juveniles whose cases are transferred to adult court, or juveniles subject to concurrent court jurisdiction. Section 3 of the bill permits bridges court liaisons to access juvenile competency evaluations and related information.

Current law sets forth procedures for court determinations of a juvenile's competency in juvenile justice proceedings. Section 4 of the bill requires a court to dismiss the case against a juvenile if the court makes a final determination that the juvenile is incompetent to proceed and the juvenile's highest charged act is a class 2 misdemeanor, a petty offense, a drug misdemeanor, or a traffic offense.

Under current law, one year after a court finds a juvenile charged with a level 4 drug felony is incompetent to proceed the court shall enter a finding the juvenile is unrestorable to competency and shall determine whether a management plan is necessary for the juvenile. The bill reduces the time from one year to 6 months.

The bill imposes certain limitations on a case management plan's contents in cases that involve sexual conduct and addresses court responses when a juvenile or a juvenile's parent or guardian fails to engage with a management plan's ordered services.

Section 5 of the bill requires that a person sentenced for a delinquent act committed as a juvenile receive credit for any period of confinement prior to sentencing. Section 6 of the bill creates the deflection and community investment grant program (grant program) in the office of adult and juvenile justice assistance in the division of criminal justice to provide grants to eligible nonprofit and tribal applicants to implement a mixed-delivery system of trauma-informed health and development deflection programs for youth, including Native American youth.
(Note: This summary applies to this bill as introduced.)