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9-27-505. Extended juvenile jurisdiction adjudication.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-27-505. Extended juvenile jurisdiction adjudication.
(a) An extended juvenile jurisdiction offender and the state shall have the right to a jury trial at the adjudication hearing.
(b) The juvenile shall be advised of the right to a jury trial by the circuit court following a determination that the juvenile will be tried as an extended juvenile jurisdiction offender.
(c)(1) The right to a jury trial may be waived by a juvenile only after being advised of his or her rights and after consultation with the juvenile's attorney.
(2) The waiver shall be in writing and signed by the juvenile, the juvenile's attorney, and the juvenile's parent or guardian, and the court shall inquire on the record to ensure that the waiver was made in a knowing, intelligent, and voluntary manner.
(d) All provisions of the Arkansas Code of 1987 Annotated and the Arkansas Rules of Criminal Procedure not in conflict with this subchapter that regulate criminal jury trials in circuit court shall apply to jury trials for juveniles subject to extended juvenile jurisdiction proceedings.
(e) The adjudication shall be held within the time prescribed by the speedy trial provisions of Rule 28 of the Arkansas Rules of Criminal Procedure.
(f) The state bears the burden to prove the charges in the petition beyond a reasonable doubt.
(g)(1) If a juvenile is adjudicated delinquent as an extended juvenile jurisdiction offender, the court shall enter a disposition subject to § 9-27-506.
(2) If the juvenile is adjudicated delinquent for an offense that would not have subjected him or her to extended juvenile jurisdiction, the court shall enter any of the dispositions available at § 9-27-330.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-505
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:9-27-505
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 074237dc03427929cd3caa68e6252e68c03280939905ecf9858c0eefc8565375
Source location: content.xml paragraph 18993
Stored source content
9-27-505. Extended juvenile jurisdiction adjudication.
(a) An extended juvenile jurisdiction offender and the state shall have the right to a jury trial at the adjudication hearing.
(b) The juvenile shall be advised of the right to a jury trial by the circuit court following a determination that the juvenile will be tried as an extended juvenile jurisdiction offender.
(c)(1) The right to a jury trial may be waived by a juvenile only after being advised of his or her rights and after consultation with the juvenile's attorney.
(2) The waiver shall be in writing and signed by the juvenile, the juvenile's attorney, and the juvenile's parent or guardian, and the court shall inquire on the record to ensure that the waiver was made in a knowing, intelligent, and voluntary manner.
(d) All provisions of the Arkansas Code of 1987 Annotated and the Arkansas Rules of Criminal Procedure not in conflict with this subchapter that regulate criminal jury trials in circuit court shall apply to jury trials for juveniles subject to extended juvenile jurisdiction proceedings.
(e) The adjudication shall be held within the time prescribed by the speedy trial provisions of Rule 28 of the Arkansas Rules of Criminal Procedure.
(f) The state bears the burden to prove the charges in the petition beyond a reasonable doubt.
(g)(1) If a juvenile is adjudicated delinquent as an extended juvenile jurisdiction offender, the court shall enter a disposition subject to § 9-27-506.
(2) If the juvenile is adjudicated delinquent for an offense that would not have subjected him or her to extended juvenile jurisdiction, the court shall enter any of the dispositions available at § 9-27-330.
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Arkansas Code — all titles (historical 2020) · legal_authorities
9-27-330. Disposition — Delinquency — Alternatives.
(a) If a juvenile is found to be delinquent, the circuit court may enter an order making any of the following dispositions based upon the best interest of the juvenile:
(1)(A) Transfer legal custody of the juvenile to any licensed agency responsible for the care of delinquent juveniles or to a relative or other individual.
(B)(i) Commit the juvenile to the Division of Youth Services using the validated risk assessment system for Arkansas juvenile offenders selected by the Juvenile Judges Committee of the Arkansas Judicial Council with the division and distributed and administered by the Administrative Office of the Courts.
(ii)(a) The validated risk assessment system selected by the Juvenile Judges Committee of the Arkansas Judicial Council with the division shall be:
(1) The only validated risk assessment used by courts for commitment;
(2) Used throughout the state; and
(3) Applied to all commitment decisions for all juvenile offenders.
(b) The validated risk assessment may be changed to another validated risk assessment system by the Juvenile Judges Committee of the Arkansas Judicial Council with the division.
(iii)(a) In an order of commitment, the court may recommend that a juvenile be placed in a treatment program or community-based program instead of a youth services center and shall make specific findings in support of such a placement in the order.
(b) The court shall also specify in its recommendation whether it is requesting a division aftercare plan upon the juvenile's release from the division.
(c) A court may not commit a juvenile to the division if the juvenile is adjudicated delinquent of only a misdemeanor offense unless the:
(1) Juvenile is determined to be moderate risk or high
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-330
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-27-330. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-27-506. Extended juvenile jurisdiction disposition hearing.
If a juvenile is found delinquent as an extended juvenile jurisdiction offender, the circuit court shall enter the following dispositions:
(1) Order any of the juvenile dispositions authorized by § 9-27-330; and
(2) Suspend the imposition of an adult sentence pending court review.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-506
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-27-506. This identifies an authority to review, not proof of applicability.