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 trans

MISSOURI STATUTES AND CODES

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 trans

Transfer to court of general jurisdiction, dual jurisdiction of bothcriminal and juvenile codes--suspended execution of adult sentence,revocation of juvenile disposition--petition for transfer of custody,hearing--offender age seventeen, hearing--offender age twenty-one,hearing--credit for time served.

211.073. 1. The court may, in a case when the offender is underseventeen years of age and has been transferred to a court of generaljurisdiction pursuant to section 211.071, and whose prosecution results ina conviction or a plea of guilty, invoke dual jurisdiction of both thecriminal and juvenile codes, as set forth in this section. The court isauthorized to impose a juvenile disposition under this chapter andsimultaneously impose an adult criminal sentence, the execution of whichshall be suspended pursuant to the provisions of this section. Successfulcompletion of the juvenile disposition ordered shall be a condition of thesuspended adult criminal sentence. The court may order an offender intothe custody of the division of youth services pursuant to this section if:

(1) A facility is designed and built by the division of youthservices specifically for offenders sentenced pursuant to this section andif the division determines that there is space available, based on designcapacity, in the facility; and

(2) Upon agreement of the division.

2. If there is probable cause to believe that the offender hasviolated a condition of the suspended sentence or committed a new offense,the court shall conduct a hearing on the violation charged, unless theoffender waives such hearing. If the violation is established and foundthe court may continue or revoke the juvenile disposition, impose the adultcriminal sentence, or enter such other order as it may see fit.

3. When an offender has received a suspended sentence pursuant tothis section and the division determines the child is beyond the scope ofits treatment programs, the division of youth services may petition thecourt for a transfer of custody of the offender. The court shall hold ahearing and shall:

(1) Revoke the suspension and direct that the offender be taken intoimmediate 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 theage of seventeen, the court shall hold a hearing. The court shall:

(1) Revoke the suspension and direct that the offender be taken intoimmediate 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 ofyouth services if the division agrees to such placement.

5. The division of youth services shall petition the court for ahearing before it releases an offender who comes within subsection 1 ofthis section at any time before the offender reaches the age of twenty-oneyears. The court shall:

(1) Revoke the suspension and direct that the offender be taken intoimmediate 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, alltime served by the offender under the juvenile disposition shall becredited toward the adult criminal sentence imposed.