Article 4 Part 2 Section 22 - Juvenile justice; certain chronic and violent juvenile offenders prosecuted as adults; community alternatives for certain juvenile offenders; public proceedings and records
22. Juvenile justice; certain chronic and violent
juvenile offenders prosecuted as adults; community
alternatives for certain juvenile offenders; public
proceedings and records
Section 22. In order to preserve and protect the right of the
people to justice and public safety, and to ensure fairness and accountability
when juveniles engage in unlawful conduct, the legislature, or the people by
initiative or referendum, shall have the authority to enact substantive and
procedural laws regarding all proceedings and matters affecting such
juveniles. The following rights, duties, and powers shall govern such
proceedings and matters:
1. Juveniles 15 years of age or older accused of murder, forcible
sexual assault, armed robbery or other violent felony offenses as defined by
statute shall be prosecuted as adults. Juveniles 15 years of age or older who
are chronic felony offenders as defined by statute shall be prosecuted as
adults. Upon conviction all such juveniles shall be subject to the same laws
as adults, except as specifically provided by statute and by article 22,
section 16 of this constitution. All other juveniles accused of unlawful
conduct shall be prosecuted as provided by law. Every juvenile convicted of
or found responsible for unlawful conduct shall make prompt restitution to any
victims of such conduct for their injury or loss.
2. County attorneys shall have the authority to defer the prosecution
of juveniles who are not accused of violent offenses and who are not chronic
felony offenders as defined by statute and to establish community-based
alternatives for resolving matters involving such juveniles.
3. All proceedings and matters involving juveniles accused of unlawful
conduct shall be open to the public and all records of those proceedings shall
be public records. Exceptions shall be made only for the protection of the
privacy of innocent victims of crime, or when a court of competent
jurisdiction finds a clear public interest in confidentiality.