HB0184

Creates a criminal deferral process for juveniles charged with misdemeanors, allowing circuit courts to defer proceedings and place eligible juveniles on probation with the possibility of dismissal upon successful completion.

• Establishes a deferral process for juveniles without prior misdemeanor or felony convictions charged with misdemeanors deemed not treatable under other juvenile justice provisions. The circuit court may defer proceedings and place the juvenile on probation for up to 18 months with consent of the juvenile and state, without entering a judgment of guilt or conviction. (W.S. 14-6-253(a), Sec. 1)
• Sets mandatory probation terms requiring juveniles to report to court at least twice yearly, act in a law-abiding manner, remain in state without court consent, follow court-imposed terms, and pay restitution to victims. (W.S. 14-6-253(a)(i)-(v), W.S. 7-9-101 through 7-9-115)
• Allows the circuit court to discharge the juvenile from probation and dismiss all charges after 18 months, or any time more than 6 months after initial placement, if the juvenile has fulfilled probation terms and been rehabilitated to the court's satisfaction. (W.S. 14-6-253(b))
• Provides that violations of probation terms allow the court to enter an adjudication of guilt and impose sentence, proceed to trial, or transfer the matter to juvenile court. (W.S. 14-6-253(c))
• Specifies that discharge and dismissal under the deferral process does not constitute a conviction for any purpose and limits juveniles to only one such discharge and dismissal before age 18. (W.S. 14-6-253(d)-(e))
• Amends existing statutes to include W.S. 14-6-253 deferral proceedings in surcharge requirements, probation authority for circuit courts and municipal courts, court automation fees, and indigent civil legal services fees. (W.S. 1-40-119(b), W.S. 5-9-134, W.S. 5-12-116, W.S. 5-12-118(b), W.S. 6-10-102, W.S. 6-10-103, Sec. 2)
• Amends restitution definitions to include crimes charged against defendants in deferral cases under W.S. 14-6-253. (W.S. 7-9-101(a)(i), Sec. 2)
• Clarifies that use of a juvenile criminal deferral under W.S. 14-6-253 does not count as a discharge and dismissal under adult deferral provisions, and specifies that deferral dispositions do not constitute convictions for various purposes including teacher certification and DUI consequences.