The state may request an extended juvenile jurisdiction designation in a delinquency petition or file a separate motion if the:
Juvenile, under thirteen (13) years of age at the time of the alleged offense, is charged with capital murder, § 5-10-101, or murder in the first degree, § 5-10-102, and the state has overcome presumptions of lack of fitness to proceed and lack of capacity as set forth in § 9-27-502;
Juvenile, thirteen (13) years of age at the time of the alleged offense, is charged with capital murder, § 5-10-101, or murder in the first degree, § 5-10-102.
However, juveniles thirteen (13) years of age at the time of the alleged offense shall have an evaluation pursuant to § 9-27-502, and the burden will be upon the juvenile to establish lack of fitness to proceed and lack of capacity;
Juvenile, fourteen (14) or fifteen (15) years of age at the time of the alleged offense, is charged with any of the crimes listed in § 9-27-318(b)(1) and (c)(2); or
Juvenile, sixteen (16) or seventeen (17) years of age at the time of the alleged offense, is charged with any of the crimes listed in § 9-27-318(b)(1) and (c)(2).
The juvenile's attorney may file a motion to request extended juvenile jurisdiction if the state could have filed pursuant to subsection (a) of this section.
A.C.R.C. Notes.
As enacted, subdivision (a)(3) ended “as amended by this act.”
Research References
U. Ark. Little Rock L. Rev.
Tanner, Arkansas' Extended Juvenile Jurisdiction Act: The Balance of Offender Rehabilitation and Accountability, 22 U. Ark. Little Rock L. Rev. 647.
Case Notes
In General.
Defendant's argument that he should have been adjudicated pursuant to extended juvenile jurisdiction (EJJ) was without merit because there could be no EJJ designation unless the case either was already in the juvenile division or was transferred to the juvenile division.
Lindsey v. State, 2016 Ark. App. 355, 498 S.W.3d 336 (2016).
Hearings.
Designation of the juvenile for extended juvenile jurisdiction (EJJ) was proper because his contention that the law-of-the-case doctrine barred the juvenile court from conducting an extended juvenile jurisdiction hearing and granting the state's motion for such a designation was rejected. In the criminal case, that court reached no decision and provided no direction to the criminal court with respect to EJJ designation and upon remand the criminal court made no decision regarding EJJ designation; nothing required the criminal court to make a decision on the EJJ issues before the case was transferred to juvenile court.
N.D. v. State, 2012 Ark. 265, 383 S.W.3d 396 (2012).
Otis v. State, 142 S.W.3d 615 (Ark. 2004). · cites it 4דSee Ark.Code Ann. § 9-27-501 et seq. (Repl.2002).”
Kiser v. State, 2016 Ark. App. 198 (Ark. Ct. App. 2016). · cites it 4דTanner gave testimony about the provisions of extended juvenile jurisdiction (EJJ), which is codified at Arkansas Code Annotated section 9-27-501 to -510. Mr. Tanner testified that EJJ was created in 1999 to provide opportunities for juveniles charged with serious offenses to be…”
D.D.R. v. State, 420 S.W.3d 494 (Ark. Ct. App. 2012). · cites it 2דTanner stated that an extended juvenile-jurisdiction designation gives juveniles charged with serious offenses rehabilitative options available to the juvenile division of circuit court.”
Lindsey v. State, 2016 Ark. App. 355 (Ark. Ct. App. 2016). · cites it 2דArkansas Code Annotated section 9-27-501(a) provides that the State “may request an extended juvenile jurisdiction designation in a delinquency petition or file a separate motion” if the case is appropriate for transfer.”
N.D. v. State, 411 S.W.3d 205 (Ark. 2012). · cites it 4דIn that order, the juvenile court concluded that under Arkansas Code Annotated section 9-27-306(g), it had jurisdiction over EJJ cases filed by the State under the authority granted by Arkansas Code Annotated section 9-27-501. The juvenile court also concluded that from its…”
J.N.A. v. State, 532 S.W.3d 582 (Ark. Ct. App. 2017). · cites it 2דSee Ark. Code Ann. § 9-27-501 (a)(4) (Repl. 2015).”
State v. S.G., 284 S.W.3d 62 (Ark. 2008). · cites it 2דSee Ark. Code Ann. §§ 9-27-501 to -510 (Repl.”
T.C. v. State, 364 S.W.3d 53 (Ark. 2010). · cites it 2דSee Ark.Code Ann. § 9-27-501(a)(l) (juveniles under thirteen years of age eligible for extended juvenile jurisdiction for the charges of capital murder and murder in the first degree).”
M.M. v. State, 88 S.W.3d 406 (Ark. 2002). · cites it 2דwas adjudicated delinquent under the Extended Juvenile Jurisdiction Act, Ark. Code Ann. § 9-27-501 et seq. (Repl. 2002), under which his disposition could have been extended.”
Brown v. State, 2016 Ark. App. 254 (Ark. Ct. App. 2016). “Brown filed a supplemental brief on December 31, 2015, arguing that the circuit court’s decision should be reversed because it failed to give appropriate weight to two of the ten statutory factors as required by Arkansas Code Annotation section 9-27-318(g) and that this court…”
A.M. v. State of Arkansas, 2019 Ark. App. 357 (Ark. Ct. App. 2019). · cites it 2דArk. Code Ann. § 9-27-501 (a)(1) (Repl. 2015).”
J.N.A. v. State, 2017 Ark. App. 502 (Ark. Ct. App. 2017). · cites it 2דSee Ark. Code Ann. § 9-27-501 (a)(4) (Repl. 2015).”
Lindsey v. State, 2016 Ark. App. 355 (Ark. Ct. App. 2016). “Arkansas Code Annotated section 9-27-501(a) provides that the State “may request an extended juvenile jurisdiction designation in a delinquency petition or file a separate motion” if the case is appropriate for transfer.”
Kiser v. State, 2016 Ark. App. 198 (Ark. Ct. App. 2016). “Tanner gave testimony about the provisions of extended juvenile jurisdiction (EJJ), which is codified at Arkansas Code Annotated section 9-27-501 to -510. Mr. Tanner testified that EJJ was created in 1999 to provide opportunities for juveniles charged with serious offenses to be…”
— Ark. Code Ann. § 9-27-501(a)(l) — 1 case
T.C. v. State, 364 S.W.3d 53 (Ark. 2010). “See Ark.Code Ann. § 9-27-501(a)(l) (juveniles under thirteen years of age eligible for extended juvenile jurisdiction for the charges of capital murder and murder in the first degree).”
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