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Defender general urges caution on H642, questions role of victim statements in youthful-offender reviews
Summary
At an April 22 Senate Judiciary hearing, the defender general questioned whether juvenile treatment services exist to make youthful-offender transfers effective and warned that victim statements are not clinical evidence of amenability to treatment; lawmakers asked staff to refine language preserving judicial discretion.
The Senate Judiciary Committee on April 22 heard a lengthy legal review of H642 from the defender general, who urged narrow drafting on two fronts: ensuring sufficient juvenile treatment services and limiting the evidentiary role of victim statements in motions to consider youthful-offender status.
The defender general told the committee that youthful-offender transfers work only if the juvenile system can provide the treatment and residential programs necessary for rehabilitation. "I don't like the idea of the state being able to say, 'well we just don't have those services and so…
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