Missouri Revised Statutes
Chapter 211 - Juvenile Courts
Section 211.073 - Transfer to court of general jurisdiction, dual jurisdiction of both criminal and juvenile codes — suspended execution of adult sentence, revocation of juvenile disposition — petition for transfer of custody, hearing — offender age...

Effective - 01 Jan 2021, 2 histories
211.073. Transfer to court of general jurisdiction, dual jurisdiction of both criminal and juvenile codes — suspended execution of adult sentence, revocation of juvenile disposition — petition for transfer of custody, hearing — offender age eighteen, hearing — offender age twenty-one, hearing — credit for time served. — 1. The court shall, in a case when the offender is under eighteen years of age and has been transferred to a court of general jurisdiction pursuant to section 211.071, and whose prosecution results in a conviction or a plea of guilty, consider dual jurisdiction of both the criminal and juvenile codes, as set forth in this section. The court is authorized to impose a juvenile disposition under this chapter and simultaneously impose an adult criminal sentence, the execution of which shall be suspended pursuant to the provisions of this section. Successful completion of the juvenile disposition ordered shall be a condition of the suspended adult criminal sentence. The court may order an offender into the custody of the division of youth services pursuant to this section:
(1) Upon agreement of the division of youth services; and
(2) If the division of youth services determines that there is space available in a facility designed to serve offenders sentenced under this section.
­­If the division of youth services agrees to accept a youth and the court does not impose a juvenile disposition, the court shall make findings on the record as to why the division of youth services was not appropriate for the offender prior to imposing the adult criminal sentence.

2. If there is probable cause to believe that the offender has violated a condition of the suspended sentence or committed a new offense, the court shall conduct a hearing on the violation charged, unless the offender waives such hearing. If the violation is established and found the court may continue or revoke the juvenile disposition, impose the adult criminal sentence, or enter such other order as it may see fit.
3. When an offender has received a suspended sentence pursuant to this section and the division determines the child is beyond the scope of its treatment programs, the division of youth services may petition the court for a transfer of custody of the offender. The court shall hold a hearing and shall:
(1) Revoke the suspension and direct that the offender be taken into immediate custody of the department of corrections; or
(2) Direct that the offender be placed on probation.
4. When an offender who has received a suspended sentence reaches the age of eighteen, the court shall hold a hearing. The court shall:
(1) Revoke the suspension and direct that the offender be taken into immediate custody of the department of corrections;
(2) Direct that the offender be placed on probation; or
(3) Direct that the offender remain in the custody of the division of youth services if the division agrees to such placement.
5. The division of youth services shall petition the court for a hearing before it releases an offender who comes within subsection 1 of this section at any time before the offender reaches the age of twenty-one years. The court shall:
(1) Revoke the suspension and direct that the offender be taken into immediate custody of the department of corrections; or
(2) Direct that the offender be placed on probation.
6. If the suspension of the adult criminal sentence is revoked, all time served by the offender under the juvenile disposition shall be credited toward the adult criminal sentence imposed.
­­--------
(L. 1995 H.B. 174, et al., A.L. 1998 S.B. 684, A.L. 2013 S.B. 36, A.L. 2018 S.B. 793 merged with S.B. 800)
Effective 1-01-21

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XII - Public Health and Welfare

Chapter 211 - Juvenile Courts

Section 211.011 - Purpose of law — how construed.

Section 211.012 - Status as child determined by then-existing law at time of alleged offense for juvenile court jurisdiction and incarceration purposes.

Section 211.021 - Definitions.

Section 211.023 - Juvenile court commissioner, appointment, where, term, compensation.

Section 211.025 - Judge may direct any case be heard by commissioner (counties of the first class and St. Louis City).

Section 211.027 - Findings of commissioner, how submitted — notice of right to file motion for rehearing, how given.

Section 211.029 - Rehearing, motion filed when — judge may sustain or deny — commissioner's finding final, when.

Section 211.031 - Juvenile court to have exclusive jurisdiction, when — exceptions — home schooling, attendance violations, how treated.

Section 211.032 - Child abuse and neglect hearings, when held, procedure — supreme court rules to be promulgated — transfer of school records, when.

Section 211.033 - Detention for violation of traffic ordinances — no civil or criminal liability created.

Section 211.034 - Extension of juvenile court jurisdiction permitted, when — procedure — immunity from liability for certain persons, when — expiration date.

Section 211.036 - Custody of released youth may be returned to children's division, when — factors considered by court — termination of care and supervision before 21, when — appointment of GAL, when — hearings, when held.

Section 211.037 - Nonoffending parent, child returned to custody of, when.

Section 211.038 - Children not to be reunited with parents or placed in a home, when — discretion to return, when.

Section 211.041 - Continuing jurisdiction over child, exception, eighteen-year-old violating state or municipal laws.

Section 211.051 - Jurisdiction as to custody of child not exclusive.

Section 211.059 - Rights of child when taken into custody (Miranda warning) — rights of child in custody in abuse and neglect cases.

Section 211.061 - Arrested child taken before juvenile court — transfer of prosecution to juvenile court — limitations on detention of juvenile — detention hearing, notice.

Section 211.063 - Secure detention, limitations — probable cause hearing required, when — definitions — application of law.

Section 211.068 - Copy of motion for certification as adult to be provided to prosecuting attorney — access to records — testimony of prosecutor.

Section 211.069 - Citation of law.

Section 211.071 - Certification of juvenile for trial as adult — procedure — mandatory hearing, certain offenses — misrepresentation of age, effect.

Section 211.072 - Certification as an adult, placement in secure detention facility to continue transfer to adult jail, when, procedure — limitation on time in adult jail — requirements for pretrial-certified juveniles — per diem.

Section 211.073 - Transfer to court of general jurisdiction, dual jurisdiction of both criminal and juvenile codes — suspended execution of adult sentence, revocation of juvenile disposition — petition for transfer of custody, hearing — offender age...

Section 211.081 - Preliminary inquiry as to institution of proceedings — approval of division necessary for placement outside state — institutional placements, findings required, duties of division, limitations on judge, financial limitations.

Section 211.083 - Informal adjustments — court may allow restitution or community service — supervisors of community service immune from suit — child not an employee, when.

Section 211.085 - Court may order work in restitution for child — child not an employee.

Section 211.091 - Petition in juvenile court — contents — dismissal, juvenile officer to assess impact on best interest of child.

Section 211.093 - Orders or judgment of juvenile court to have precedence over certain other court orders or judgments — additional powers, limitations — establishment of paternity, time period.

Section 211.101 - Issuance of summons — notice — temporary custody of child — subpoenas.

Section 211.111 - Summons, how served.

Section 211.121 - Failure to respond to summons, contempt — warrant for custodian of child.

Section 211.131 - Taking child into custody, effect — notice to parents — jurisdiction attaches, when.

Section 211.132 - Parent, guardian may be made party to proceeding.

Section 211.134 - Court may require participation by parent or guardian, purpose — court may order support, when.

Section 211.135 - Appearance of child in court, when.

Section 211.141 - Child returned to parent, when, conditions — detention on order of court — detention without order, when — assessment of child required, when — random sampling of assessments.

Section 211.151 - Places of detention — photographing and fingerprinting, restrictions.

Section 211.156 - Care and detention of certain children by county, contribution by state, when.

Section 211.161 - Court may require physical or mental examination — costs paid by county.

Section 211.171 - Hearing procedure — notification of current foster parents, preadoptive parents and relatives, when — public may be excluded, when — victim impact statement permitted, when.

Section 211.177 - Grandparent's right to intervene in action, restrictions, termination.

Section 211.180 - Family preservation screenings, conducted when, results.

Section 211.181 - Order for disposition or treatment of child — suspension of order and probation granted, when — community organizations, immunity from liability, when — length of commitment may be set forth — assessments, deposits, use.

Section 211.183 - Order to include determination of efforts of division — definition of reasonable efforts by division — modification of the permanency plan, when — reasonable efforts not required, when — permanency hearing, when.

Section 211.185 - Court may order parents and child to make restitution, when, amount — restitution hearing required, when, procedure — community service — execution of judgment.

Section 211.188 - Court may order work for restitution — not an employee.

Section 211.201 - Commitment of children to department of mental health, duration — jurisdiction by court and department — extension of commitment, procedure.

Section 211.202 - Mentally disordered children, evaluation — disposition — review by court.

Section 211.203 - Developmentally disabled children, evaluation — disposition — review by court.

Section 211.206 - Duties of department of mental health — discharge by department — notice — jurisdiction of court.

Section 211.207 - Youth services division may request evaluation — procedure after evaluation — transfer of custody.

Section 211.211 - Right to counsel or guardian ad litem — counsel appointed, when — waiver, exceptions for certain proceedings.

Section 211.221 - Religion considered in placing child.

Section 211.231 - Indeterminate commitments, exception — exchange of information by court and institution or agency.

Section 211.241 - Court orders to parents for support of children, procedure — county to support, when.

Section 211.251 - Modification of court orders.

Section 211.261 - Appeals.

Section 211.271 - Court orders not to affect civil rights — not evidence, exception.

Section 211.281 - Costs how adjudged, collected.

Section 211.291 - Juvenile courtroom in counties of first and second class — any judge of circuit may hold court, when.

Section 211.301 - Juvenile court held in chambers or other room in counties of third and fourth class — transfer of judges.

Section 211.311 - Clerk of circuit court to act for juvenile court.

Section 211.319 - Juvenile court records and proceedings, abuse and neglect cases, procedure.

Section 211.321 - Juvenile court records, confidentiality, exceptions — records of peace officers, exceptions, release of certain information to victim.

Section 211.322 - Reports on delinquency and prevention by court on request by division of youth services.

Section 211.326 - State courts administrator — valuation of services, development of standards, processes, guidelines relating to juvenile court — consideration of racial disparity.

Section 211.327 - Data to be provided to state courts administrator — orientation training, continuing education.

Section 211.331 - Detention facilities, superintendent, appointment, compensation — acquisition of land (counties of first and second classification).

Section 211.332 - Detention facilities not required to be provided by certain second class counties — law applicable for facilities which are maintained in those counties.

Section 211.341 - Detention facilities, how provided — government (third and fourth class counties).

Section 211.343 - Detention facilities, standards and rules for operation.

Section 211.351 - Juvenile officers, appointment — costs paid, how — grievance review committee of circuit, appointment, members.

Section 211.355 - Missouri state juvenile justice advisory board, members, report.

Section 211.361 - Qualifications of juvenile officer, how determined — effect on persons now in office.

Section 211.381 - Compensation of juvenile court personnel — expenses — salary adjustments.

Section 211.382 - Professionals retained by juvenile court, when.

Section 211.393 - Definitions — compensation of juvenile officers, apportionment — state to reimburse salaries, when — multicounty circuit provisions — local juvenile court budget, amount maintained, when — exclusion from benefits, when.

Section 211.394 - Juvenile court personnel compensation not limited by state contribution — increases, procedure — certain constitutional provision not applicable (Hancock Amendment).

Section 211.401 - Duties of juvenile officers — may make arrests — cooperation.

Section 211.411 - Law enforcement officials to assist and cooperate with juvenile officers.

Section 211.421 - Endangering the welfare of a child or interfering with orders of court.

Section 211.425 - Registration of juvenile sex offenders, when — agencies required to register juveniles, when — registration form, contents — registry maintained — confidentiality of registry — penalty for failure to register — termination of requir...

Section 211.431 - Violation of law, class A misdemeanor.

Section 211.435 - Juvenile justice preservation fund — surcharge on traffic violations — expenditures from fund, when.

Section 211.442 - Definitions.

Section 211.443 - Construction of sections 211.442 to 211.487.

Section 211.444 - Termination of parental rights, when.

Section 211.447 - Juvenile officer preliminary inquiry, when — petition to terminate parental rights filed, when — juvenile court may terminate parental rights, when — investigation to be made — grounds for termination.

Section 211.452 - Petition for termination, when filed — contents — joinder of cases of more than one child.

Section 211.453 - Service of summons, how made — when required — waiver of summons.

Section 211.455 - Procedure after filing of petition — determination of service — extension of time for service, when — investigation.

Section 211.459 - Dispositional hearing, when held — procedure — immunity for certain persons — privileged communication not to constitute grounds for excluding evidence.

Section 211.462 - Appointment of guardian ad litem, when — rights of parent or guardian — county to pay court costs, exceptions.

Section 211.464 - Foster parent and others may present evidence, when — notice and opportunity to testify.

Section 211.477 - Order of termination, when issued — transfer of legal custody, to whom — alternatives to termination — power of court — granting or denial of petition deemed final judgment.

Section 211.487 - Application of sections 211.442 to 211.487 — what law to govern.

Section 211.490 - Child placed in residential group facility, eligibility for medical assistance benefits, continuance.

Section 211.500 - Establishment of regional juvenile detention districts, when.