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39-15-102 - Jurisdiction.

39-15-102. Jurisdiction.

(a)  The juvenile court is vested with jurisdiction to:

     (1)  Try, determine, and render final judgment in all misdemeanor cases under § 39-15-101 where the person enters a plea of guilty, nolo contendere, or not guilty and expressly waives indictment, presentment, grand jury investigation, and jury trial in writing. In such cases, the trial shall proceed before the court without the intervention of a jury;

     (2)  Conduct preliminary hearings in all felony cases under § 39-15-101(d), and if the court finds probable cause and in all other cases where the person pleads not guilty to a felony charge or does not waive the right to a jury trial, bind the person over for the action of the grand jury under appropriate bond; and

     (3)  Regardless of whether the person is tried in juvenile court or bound over, enter an order of protection and assistance which may require the person to:

          (A)  Stay away from the home, dependent child or spouse;

          (B)  Permit the defendant visitation with the child or children at reasonable or stated periods;

          (C)  Abstain from offensive conduct against the dependent child or spouse or from other acts which tend to make the home an unfit place for the dependent person to live; or

          (D)  Give proper attention to the care of the home.

(b)  (1)  In all cases where the person pleads or is found guilty of a misdemeanor under § 39-15-101(a), the court shall sentence the person in accordance with title 40, chapter 35, and enter appropriate orders of support, protection or assistance.

     (2)  In the event the person's sentence is suspended, the court may require the person to give security by bond with sufficient sureties approved by the court for the payment of the order of support. Should the court subsequently find the person is able to comply with the order and fails to do so, the bond shall be forfeited and the proceeds paid into the court to be applied to the order of support, and the person shall be brought immediately before the court for enforcement of the sentence.

(c)  In all cases where the person is bound over to the grand jury, the criminal court shall enforce any order of protection and assistance entered by the juvenile court, and may, if the person is convicted, include the order or modification of the order as part of the judgment and sentence.

[Acts 1989, ch. 591, § 1.]  

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