by Circuit Judge R. Brent Elliott
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Division I Circuit Judge Tom Chapman and I recently attended the Advanced Trial Skills presentation in Columbia that addressed upcoming changes to our juvenile law system. Perhaps the most significant change is proposed in Missouri Senate Bill 793 (SB 793) and similar bills that have been introduced in the Missouri House of Representatives.
These bills were reported to be moving steadily through the legislative process and “will likely” be adopted in some form this year.
The Missouri State Legislative Page offers this summary of SB 793: “Under current law, children who are 17 years of age are prosecuted for criminal offenses in courts of general jurisdiction. This act provides that, unless the child is certified as an adult or is being prosecuted for a traffic or curfew violation, children who are 17 years of age must be prosecuted in the juvenile court system.”
Simply put, the reference to “courts of general jurisdiction” means adult court. If SB 793 passes in its current form, it is scheduled to be implemented by Jan. 1, 2021.
At the time this article goes to press, the 43rd Judicial Circuit Juvenile Office has 243 children under its jurisdiction. Of those, 180 are the subject of abuse and neglect allegations, and the remaining 63 fall under delinquency issues. Increasing the age limit for juvenile jurisdiction will likely result in an increased number of juvenile cases supervised in all circuits.
According to statewide caseload evaluations, the 43rd Judicial Circuit is supposed to have 6.14 deputy juvenile officers. However, the State has only allocated funding for 4 officers (we are currently functioning with 3, as one officer is fulfilling National Guard military obligations).
Obviously, we are closely monitoring this legislation and any effect it may have on fiscal appropriations.
Editor’s Note: Circuit Judge R. Brent Elliott’s “From the Bench” is a series of articles designed to provide the public with a better understanding of the judicial system and changes in the law.