Adopted by House 3-13-2010
SB669 H JUD AM 3-10 #1
The Committee on the Judiciary moves to amend the bill on page
one, following the enacting clause, by striking out the remainder
of the bill and inserting in lieu thereof the following language:
That §49-5-11 and §49-5-13d of the Code of West Virginia,
1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5. JUVENILE PROCEEDINGS.
§49-5-11. Adjudication for alleged status offenders and
delinquents; mandatory initial disposition of
At the outset of an adjudicatory hearing, the court shall
inquire of the juvenile whether he or she wishes to admit or deny
the allegations in the petition. The juvenile may elect to stand
mute, in which event the court shall enter a general denial of all
allegations in the petition.
(a) If the respondent juvenile admits the allegations of the
petition, the court shall consider the admission to be proof of the
allegations if the court finds: (1) The respondent fully
understands all of his or her rights under this article; (2) the
respondent voluntarily, intelligently and knowingly admits all
facts requisite for an adjudication; and (3) the respondent in his
or her admission has not set forth facts which constitute a defense
to the allegations.
(b) If the respondent juvenile denies the allegations, the court shall dispose of all pretrial motions and the court or jury
shall proceed to hear evidence.
(c) If the allegations in a petition alleging that the
juvenile is delinquent are admitted or are sustained by proof
beyond a reasonable doubt, the court shall schedule the matter for
disposition pursuant to section thirteen of this article.
(d) If the allegations in a petition alleging that the
juvenile is a status offender are admitted or sustained by clear
and convincing proof, the court shall refer the juvenile to the
department of health and human resources for services, pursuant to
section eleven-a of this article and order the department to report
back to the court with regard to the juvenile's progress at least
every ninety days or until the court, upon motion or sua sponte,
orders further disposition under section eleven-a of this article
or dismisses the case from its docket: Provided, That in a judicial
circuit operating its own truancy program, a circuit judge may in
lieu of referring truant juveniles to the department, order that
the juveniles be supervised by his or her probation office.
(e) If the allegations in a petition are not sustained by
proof as provided in subsections (c) and (d) of this section, the
petition shall be dismissed and the juvenile shall be discharged if
he or she is in custody.
(f) Findings of fact and conclusions of law addressed to all
allegations in the petition shall be stated on the record or
reduced to writing and filed with the record or incorporated into
the order of the court.
§49-5-13d. Teen court program.
(a) Notwithstanding any provision of this article to the
contrary, in any county or municipality that chooses to institute
a teen court program in accordance with the provisions of this
section, any juvenile who is alleged to have committed a status
offense or an act of delinquency which would be a misdemeanor if
committed by an adult or in the case of a violation of a municipal
ordinance, an offense over which municipal courts have concurrent
jurisdiction, and who is otherwise subject to the provisions of
this article may be given the option of proceeding in the teen
court program as an alternative to the filing of a formal petition
under section seven of this article or proceeding to a disposition
as provided by section eleven-a or thirteen of this article, as the
case may be. The decision to extend the option to enter the teen
court program as an alternative procedure shall be made by the
circuit or municipal court if the court finds that the offender is
a suitable candidate for the program. No juvenile may enter the
teen court program unless he or she and his or her parent or
guardian consent. Any juvenile who does not successfully cooperate
in and complete the teen court program and any disposition imposed
therein shall be returned to the circuit court for further
disposition as provided by section eleven-a or thirteen of this
article, as the case may be or return to a municipal court for
further disposition for cases originating in circuit court consistent with any applicable ordinance.
(b) The following provisions apply to all teen court programs:
(1) The judge for each teen court proceeding shall be an
acting or retired circuit court judge or an active member of the
West Virginia State Bar, who serves on a voluntary basis.
(2) Any juvenile who selects the teen court program as an
alternative disposition shall agree to serve thereafter on at least
two occasions as a teen court juror.
(3) Volunteer students from grades seven through twelve of the
schools within the county shall be selected to serve as defense
attorney, prosecuting attorney, court clerk, bailiff and jurors for
(4) Disposition in a teen court proceeding shall consist of
requiring the juvenile to perform sixteen to forty hours of
community service, the duration and type of which shall be
determined by the teen court jury from a standard list of available
community service programs provided by the county juvenile
probation system and a standard list of alternative consequences
that are consistent with the purposes of this article. The
performance of the juvenile shall be monitored by the county
juvenile probation system for cases originating in the circuit
court's jurisdiction, or municipal teen court coordinator or other
designee for cases originating in the municipal court's
jurisdiction. The juvenile shall also perform at least two
sessions of teen court jury service and, if considered appropriate
by the circuit court judge or teen court judge, participate in an education program. Nothing in this section may be construed so as
to deny availability of the services provided under section eleven-
a of this article to juveniles who are otherwise eligible
for such service
(c) The rules for administration, procedure and admission of
evidence shall be determined by the chief circuit judge or teen
court judge, but in no case may the court require a juvenile to
admit the allegation against him or her as a prerequisite to
participation in the teen court program. A copy of these rules
shall be provided to every teen court participant.
(d) Each county or municipality that operates, or wishes to
operate, a teen court program as provided in this section is hereby
authorized to adopt a mandatory fee of up to five dollars to be
assessed as provided in this subsection. Municipal courts may
assess a fee pursuant to the provisions of this section upon
authorization by the city council of
said the municipality.
Assessments collected by the clerk of the court pursuant to this
subsection shall be deposited into an account specifically for the
operation and administration of a teen court program. The clerk of
the court of conviction shall collect the fees established in this
subsection and shall remit the fees to the teen court program.
Any mandatory fee established by a county commission or city
council in accordance with the provisions of this subsection shall
be paid by the defendant on a judgment of guilty or a plea of nolo
contendere for each violation committed in the county or
municipality of any felony, misdemeanor or any local ordinance, including traffic violations and moving violations but excluding
municipal parking ordinances. Municipalities operating teen courts
are authorized to use fees assessed in municipal court pursuant to
this subsection for operation of a teen court in their
(NOTE: The purpose of this bill is to allow municipalities to
operate teen courts.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would