Section 12-15-71.1

Serious juvenile offenders; disposition; serious juvenile offenderreview panel; facility and programs.

(a) The juvenile court may find a child to be a serious juvenileoffender if:

(1) The child is adjudicated delinquent and the delinquent act oracts charged in the petition would constitute any of the following if committedby an adult:

a. Class A felony;

b. A felony resulting in serious physical injury [as defined insubdivision (9) of Section 13A-1-2];

c. A felony involving physical force [subdivision (10) of Section13A-1-2], or a deadly weapon [subdivision (11) of Section 13A-1-2], or a dangerous instrument [subdivision(12) of Section 13A-1-2]; or

(2) The child has been adjudicated delinquent for an act which wouldconstitute a Class A or B felony or burglary in the third degree involvinga residence and the child has previously been adjudicated delinquent of twoprevious acts which would have been a Class A or B felony or burglary in thethird degree involving a residence if such acts had been committed by an adult.

(b) A child found to be a serious juvenile offender shall be committedto the custody of the Alabama Department of Youth Services, where he shallremain for a minimum of one year.

(c) A serious juvenile offender review panel shall be created bythe Board of the Alabama Department of Youth Services. The serious juvenile offender review panel shall review quarterly the progressof each serious juvenile offender and determine at the end of the one yearterm served by each child, a further treatment plan for that child. The panelmay extend the commitment, order alternative treatment or release the child.The serious juvenile offender review panel must provide the court with allreports and recommendations, and notify the judge in writing of the decisionto release the child at least 30 days in advance of said release.

(d) The Alabama Department of Youth Services shall maintain andstaff a separate, secure facility and implement programs for serious juvenileoffenders. The minimum one year term required by this section shall be servedat said facility and the review panel may extend the period of confinementin said facility as determined necessary.

(e) Nothing in this section shall be construed to prevent the juvenile court from transferringa child for criminal prosecution pursuant to Section 12-15-34.

(Acts 1990, No. 90-674, p. 1304, §13.)