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HB 3413

Modifies provisions relating to certified juveniles

2026 Regular Session Introduced by David Dolan

Missouri HB 3413 narrows certification triggers for juveniles to stand trial as adults and creates a phased, time-bound process for transfer, placement, and review before/after 202

Referred: Emerging Issues(H)
#childrenandminors #courts #juvenile #crimesandpunishment
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Bill Summary · HB 3413

Overview

House Bill 3413 (Missouri, 2026) aims to modify provisions governing certified juveniles—youths who may be certified to stand trial as adults. It repeals several existing sections and enacts five new sections to clarify thresholds for certification, update hearing requirements, and alter placement and transition rules for certified juveniles before and after potential transfer to general jurisdiction.

Main purpose and intent

  • Narrow the offenses that trigger a mandatory certification hearing.
  • Clarify who may participate in certification hearings and how prosecutors and juvenile officers interact.
  • Establish a phased framework for handling certified juveniles depending on whether they are processed before January 1, 2028 (existing-transfer framework) or on/after January 1, 2028 (new-transfer framework).
  • Set detailed placement options and review procedures for certified juveniles in juvenile detention facilities, adult jails, or the Division of Youth Services, with ongoing judicial review.

Key provisions and changes

  • Definitions (211.021):
    • Introduces “certified juvenile” as a child certified to stand trial as an adult.
    • Retains standard meanings for adult, child, juvenile court, and related terms.
  • Certification hearing scope (new 211.071):
    • Reduces the offenses that would require a certification hearing to: murder in the first degree, distribution of a controlled substance (as it existed prior to 2017), manufacture of a controlled substance, and dangerous felonies.
    • Adds a hearing trigger for a child aged 12–18 who has two prior unrelated offenses that would be felonies if committed by an adult.
    • Specifies who may be present at hearings (includes the juvenile, counsel, prosecuting attorney, juvenile officer and designee, etc.).
    • Directs the juvenile officer to consult with the prosecuting attorney for offenses eligible for certification.
    • Requires a detailed written report evaluating rehabilitation prospects and factors guiding the decision.
  • Transfer mechanics and timing (new 211.072, 211.073, 211.075):
    • For cases ordered to be transferred before January 1, 2028, outlines procedures for detention in secure juvenile facilities vs. transfer to an adult jail, with a 30-day review cycle if placed in an adult jail, and a hard 180-day cap on adult-jail placement (subject to extensions for good cause or waiver).
    • Establishes factors to weigh in deciding placement (age, maturity, mental state, nature of charges, delinquency history, facility capabilities, and other relevant factors).
    • Requires PREA protections for juveniles held in adult facilities and maintains separation from adult inmates.
    • Provides ongoing avenues for reconsideration of placement and details about bond-related proceedings in the adult case.
    • When a juvenile turns 18 or is convicted, transfer to an appropriate adult facility occurs.
  • Post-2028 framework (new 211.075):
    • Beginning January 1, 2028, certified juveniles would be held by the Division of Youth Services pending judgment and appeal, with potential motion to transfer to an adult jail if appropriate.
    • Mirrors the pretrial-review structure and 180-day cap, with a 30-day review cadence for any continuations in an adult jail.
    • Specifies transportation responsibilities: county jail for appearance-related transport, Division of Youth Services for other purposes, and a jail liaison for communication needs.

Who is affected

  • Juveniles (ages under 18) who could be certified as adults.
  • Certified juveniles in custody (secure juvenile facilities, adult jails, and Division of Youth Services).
  • Juvenile officers, prosecutors, defense counsel, and guardians/parents.
  • County jails and the Division of Youth Services, particularly regarding transportation, custody, and facility placement.

Procedural and timeline aspects

  • Two track approach based on timing:
    • Pre-2028 track (existing transfers through 2027) with specific procedures and a defined 180-day limit for adult-jail placement.
    • Post-2028 track (effective Jan 1, 2028) with a Division of Youth Services-first framework, and potential transfer to adult jail under a defined, review-driven process.
  • Regular 30-day hearings to reassess placement if a certified juvenile is in an adult jail.
  • Clear steps for notice, hearings, and findings necessary to transfer or retain custody arrangements.
  • Ongoing protections and separation requirements under PREA for juveniles in adult facilities.

Note: The bill retains several procedural safeguards, adds targeted eligibility for certification hearings, and creates a phased, time-bound model intended to balance public safety with rehabilitation considerations.

Compiled from official sources — confirm details with the bill’s official record.

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