211.071. Certification of juvenile for trial as adult--procedure--mandatory hearing, certain offenses--misrepresentation of age, effect.
Certification of juvenile for trial as adult--procedure--mandatoryhearing, certain offenses--misrepresentation of age, effect.
211.071. 1. If a petition alleges that a child between the ages oftwelve and seventeen has committed an offense which would be considered afelony if committed by an adult, the court may, upon its own motion or uponmotion by the juvenile officer, the child or the child's custodian, order ahearing and may, in its discretion, dismiss the petition and such child maybe transferred to the court of general jurisdiction and prosecuted underthe general law; except that if a petition alleges that any child hascommitted an offense which would be considered first degree murder undersection 565.020, RSMo, second degree murder under section 565.021, RSMo,first degree assault under section 565.050, RSMo, forcible rape undersection 566.030, RSMo, forcible sodomy under section 566.060, RSMo, firstdegree robbery under section 569.020, RSMo, or distribution of drugs undersection 195.211, RSMo, or has committed two or more prior unrelatedoffenses which would be felonies if committed by an adult, the court shallorder a hearing, and may in its discretion, dismiss the petition andtransfer the child to a court of general jurisdiction for prosecution underthe general law.
2. Upon apprehension and arrest, jurisdiction over the criminaloffense allegedly committed by any person between seventeen and twenty-oneyears of age over whom the juvenile court has retained continuingjurisdiction shall automatically terminate and that offense shall be dealtwith in the court of general jurisdiction as provided in section 211.041.
3. Knowing and willful age misrepresentation by a juvenile subjectshall not affect any action or proceeding which occurs based upon themisrepresentation. Any evidence obtained during the period of time inwhich a child misrepresents his or her age may be used against the childand will be subject only to rules of evidence applicable in adultproceedings.
4. Written notification of a transfer hearing shall be given to thejuvenile and his or her custodian in the same manner as provided insections 211.101 and 211.111. Notice of the hearing may be waived by thecustodian. Notice shall contain a statement that the purpose of thehearing is to determine whether the child is a proper subject to be dealtwith under the provisions of this chapter, and that if the court finds thatthe child is not a proper subject to be dealt with under the provisions ofthis chapter, the petition will be dismissed to allow for prosecution ofthe child under the general law.
5. The juvenile officer may consult with the office of prosecutingattorney concerning any offense for which the child could be certified asan adult under this section. The prosecuting or circuit attorney shallhave access to police reports, reports of the juvenile or deputy juvenileofficer, statements of witnesses and all other records or reports relatingto the offense alleged to have been committed by the child. Theprosecuting or circuit attorney shall have access to the dispositionrecords of the child when the child has been adjudicated pursuant tosubdivision (3) of subsection 1 of section 211.031. The prosecutingattorney shall not divulge any information regarding the child and theoffense until the juvenile court at a judicial hearing has determined thatthe child is not a proper subject to be dealt with under the provisions ofthis chapter.
6. A written report shall be prepared in accordance with this chapterdeveloping fully all available information relevant to the criteria whichshall be considered by the court in determining whether the child is aproper subject to be dealt with under the provisions of this chapter andwhether there are reasonable prospects of rehabilitation within thejuvenile justice system. These criteria shall include but not be limitedto:
(1) The seriousness of the offense alleged and whether the protectionof the community requires transfer to the court of general jurisdiction;
(2) Whether the offense alleged involved viciousness, force andviolence;
(3) Whether the offense alleged was against persons or property withgreater weight being given to the offense against persons, especially ifpersonal injury resulted;
(4) Whether the offense alleged is a part of a repetitive pattern ofoffenses which indicates that the child may be beyond rehabilitation underthe juvenile code;
(5) The record and history of the child, including experience withthe juvenile justice system, other courts, supervision, commitments tojuvenile institutions and other placements;
(6) The sophistication and maturity of the child as determined byconsideration of his home and environmental situation, emotional conditionand pattern of living;
(7) The age of the child;
(8) The program and facilities available to the juvenile court inconsidering disposition;
(9) Whether or not the child can benefit from the treatment orrehabilitative programs available to the juvenile court; and
(10) Racial disparity in certification.
7. If the court dismisses the petition to permit the child to beprosecuted under the general law, the court shall enter a dismissal ordercontaining:
(1) Findings showing that the court had jurisdiction of the cause andof the parties;
(2) Findings showing that the child was represented by counsel;
(3) Findings showing that the hearing was held in the presence of thechild and his counsel; and
(4) Findings showing the reasons underlying the court's decision totransfer jurisdiction.
8. A copy of the petition and order of the dismissal shall be sent tothe prosecuting attorney.
9. When a petition has been dismissed thereby permitting a child tobe prosecuted under the general law, the jurisdiction of the juvenile courtover that child is forever terminated, except as provided in subsection 10of this section, for an act that would be a violation of a state law ormunicipal ordinance.
10. If a petition has been dismissed thereby permitting a child to beprosecuted under the general law and the child is found not guilty by acourt of general jurisdiction, the juvenile court shall have jurisdictionover any later offense committed by that child which would be considered amisdemeanor or felony if committed by an adult, subject to thecertification provisions of this section.
11. If the court does not dismiss the petition to permit the child tobe prosecuted under the general law, it shall set a date for the hearingupon the petition as provided in section 211.171.
(L. 1957 p. 642 § 211.070, A.L. 1983 S.B. 368, A.L. 1989 H.B. 502, et al., A.L. 1995 H.B. 174, et al., A.L. 2008 H.B. 1550)