When used in this chapter and unless otherwise defined or the specific context indicates otherwise:

Text of (1) effective July 1, 2019. See Editor's Note for contingency.

(1) "Child" or "juvenile" means a person less than eighteen years of age. "Child" or "juvenile" does not mean a person seventeen years of age or older who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more. However, a person seventeen years of age who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more may be remanded to the family court for disposition of the charge at the discretion of the solicitor. An additional or accompanying charge associated with the charges contained in this item must be heard by the court with jurisdiction over the offenses contained in this item.

(2) "Court" means the family court.

(3) "Criminal justice purpose" means:

(a) the performance of any activity directly involving the detection, apprehension, capture from escape or elopement, detention, pretrial release, post-trial release, prosecution, adjudication, supervision, or rehabilitation of accused or adjudicated persons or criminal offenders; or

(b) the collection, storage, and dissemination of child offense history records.

(4) "Department" means the Department of Juvenile Justice.

(5) "Guardian" means a person who legally has the care and management of a child.

(6) "Judge" means the judge of the family court.

(7) "Parent" means biological parent, adoptive parents, step-parent, or person with legal custody.

(8) "Parole board" means the Board of Juvenile Parole under the Department of Juvenile Justice.

(9) "Status offense" means an offense which would not be a misdemeanor or felony if committed by an adult including, but not limited to, incorrigibility or beyond the control of parents, truancy, running away, playing or loitering in a billiard room, playing a pinball machine, or gaining admission to a theater by false identification.

HISTORY: 2008 Act No. 361, Section 2; 2016 Act No. 268 (S.916), Section 2, eff July 1, 2019.

Editor's Note

2016 Act No. 268, Section 12, provides as follows:

"SECTION 12. Section 10 of this act takes effect upon approval by the Governor. Sections 1 through 9 and Section 11 of this act take effect on July 1, 2019, contingent upon the Department of Juvenile Justice having received any funds that may be necessary for implementation. If the report submitted to the General Assembly on September 1, 2017, reflects any additional funds needed by the Department of Juvenile Justice to ensure implementation will be possible on July 1, 2019, the department shall include these funds in its budget requests to the General Assembly as part of Fiscal Years 2017-2018 and 2018-2019. Beginning on September 1, 2017, all state and local agencies and courts involved with the implementation of the provisions of this act may begin undertaking and executing any and all applicable responsibilities so that the provisions of this act may be fully implemented on July 1, 2019."

Effect of Amendment

2016 Act No. 268, Section 2, in (1), substituted "a person less than eighteen years of age" for "a person less than seventeen years of age", substituted "does not mean a person seventeen years of age or older" for "does not mean a person sixteen years of age or older", and substituted "a person seventeen years of age who is charged" for "a person sixteen years of age who is charged".