§ 10A-2-5-202. Definitions - Purpose.  


Latest version.
  • A.  For the purposes of the Youthful Offender Act:

    1.  "Youthful offender" means a person:

    a.thirteen (13) or fourteen (14) years of age who is charged with murder in the first degree and certified as a youthful offender as provided by Section 2-5-205 of this title,

    b.fifteen (15), sixteen (16), or seventeen (17) years of age and charged with a crime listed in subsection A of Section 2-5-206 of this title, and

    c.sixteen (16) or seventeen (17) years of age and charged with a crime listed in subsection B of Section 2-5-206 of this title,

    if the offense was committed on or after January 1, 1998;

    2.  "Sentenced as a youthful offender" means the imposition of a court order making disposition of a youthful offender as provided by Section 2-5-209 of this title which shall constitute an adult criminal sentence if the youthful offender is transferred to the custody or supervision of the Department of Corrections; and

    3.  “Next friend” means an individual or executive of an organization who has assumed a parental role without formal legal proceedings, but to all objective observers is readily identified as custodian or guardian in fact.

    B.  It is the purpose of the Youthful Offender Act to better ensure the public safety by holding youths accountable for the commission of serious crimes, while affording courts methods of rehabilitation for those youths the courts determine, at their discretion, may be amenable to such methods.  It is the further purpose of the Youthful Offender Act to allow those youthful offenders whom the courts find to be amenable to rehabilitation by the methods prescribed in the Youthful Offender Act to be placed in the custody or under the supervision of the Office of Juvenile Affairs for the purpose of accessing the rehabilitative programs provided by that Office.

Added by Laws 1994, c. 290, § 19, eff. July 1, 1996.  Amended by Laws 1995, c. 352, § 165, eff. July 1, 1997.  Renumbered from § 1507.16 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1997, c. 293, § 24, eff. July 1, 1997; Laws 2001, c. 357, § 3, eff. July 1, 2001; Laws 2006, c. 286, § 2, eff. July 1, 2006; Laws 2007, c. 1, § 9, emerg. eff. Feb. 22, 2007; Laws 2008, c. 277, § 1, emerg. eff. June 2, 2008; Laws 2009, c. 234, § 80, emerg. eff. May 21, 2009.  Renumbered from § 7306-2.2 of Title 10 by Laws 2009, c. 234, § 188, emerg. eff. May 21, 2009.

Note

NOTE:  Laws 1996, c. 247, § 48 amended the effective date of Laws 1995, c. 352, § 165 from July 1, 1996, to July 1, 1997.

NOTE:  Laws 2006, c. 285, § 1 repealed by Laws 2007, c. 1, § 10, emerg. eff. Feb. 22, 2007.