Juvenile Corrections Act
Authors: Britanno [Ind.], Battlion [NDP], New Zepuha [MWP] | Sponsors: The People Who Say NI [NDP], The Nihilistic View [ALM] | Category: Order | Urgency: High |
Section 1. Preamble -
We of the Aurentine senate recognize that no juvenile law has been put in place. The lack thereof is a serious injustice to the young offenders of the nation. We believe that young offenders are much more capable of reforming in early years, rather than later in life. While the juvenile brain is still developing, and will not develop fully until age 21, the portion of the brain responsible for decision making is not yet formed.
With this being stated, it is with our belief that young offenders can not be treated as adults by the justice system. They need to be educated while being firmly reminded of their crime. Education does not cease when imprisoned, it must continue in a controlled classroom environment until a time in which they can be released back to general public. This system is for juvenile cases, ages 18 and under that are not serious enough to warrant trial in an adult court with full punishment. Sentences are dependent on inmates progression and grade from the approval boards. If they do not meet all requirements laid out by the approval board they are to be turned over to the adult courts for trialing on or after their 19th birthday.
Section 2. Juvenile Correction Facilities -
1. The Office of Juvenile Corrections shall be established under the joint holdings of the Ministries of: Education, Justice, and Interior.
1a. The OJC will be responsible for maintaining security, education, and counselling for each juvenile facility under their purview.
1b. The OJC will have a branch for each Ministry, each Ministry will be responsible for a portion of the Juvenile Corrections process.
1c. Each facility will be headed by a Superintendent and team of administrators.
2. The Ministry of Justice will be responsible for establishing the Juvenile Courts, and hiring and appointing appropriate judges to oversee juvenile cases.
2a. The Juvenile Courts will be attached as a branch of the Court of First Instance.
2b. Juvenile criminals are entitled to the same criminal rights as adult offenders under the Justice Act.
2b-1. Juvenile Offenders may not receive capital punishment such as life imprisonment.
2b-2. Juvenile Offenders must complete the release process before their final year of schooling, or else the case must be turned or the case must be turned over to the Court of First Instance for additional sentencing.
. The Ministry of Justice is responsible for staffing judicial evaluators and facility administrators.
3.The Ministry of Education may establish an additional set of lessons for inmates, based on problem areas or a program the ministry believes would be beneficial.
3a. Prison Counsellors will be responsible for evaluating inmates upon arrival and suggesting a program to re-educate the offender.
3b. The Ministry of Education is responsible for staffing of teachers and education personnel.
3c. Inmates shall be exempt from the standard curriculum, and instead will be provided with a specially adapted curriculum set out by the Ministry of Education.
3d. Teaching staff shall be mandated to receive training in the area of prison education as well as standard teaching requirements.
4. The Ministry of the Interior is responsible for maintaining security staffing and funding the construction of said facilities.
4a. The Ministry of the Interior is also responsible for maintaining discipline and setting out the daily regimen for students.
4b. The Ministry of Interior must maintain a proportional staffing to number of inmates.
4c. The Ministry of the Interior is also responsible for construction security measures.
Section 3. Facility Security and Restrictions -
1. Security guards must undergo background checks and have no prior sex offenses.
1a. Guards must undergo a 72 hour course on juvenile related enforcement and techniques to diffuse situations before using force.
1b. All staff entering the facility must undergo a similar 72 hour course to learn grappling techniques and the skills needed to detect danger, and operate in a potentially hostile environment.
1c. All staff are under the jurisdiction of the Office of Juvenile Corrections.
2. Security guards are not liable for injuries incurred during fights, or the lawful dispensation of law enforcement tactics.
2a. Guards may only be permitted to use grappling techniques, and may only be armed with a can of mace.
2b. In case of riot, a small armory must be ready to equip guards with batons, and CS gas.
2c. Guards found abusing inmates are liable to be punished under established laws.
3. A guards uniform must consist of a dark green pair of trousers with a golden stripe through the outer-center of each pant-leg, black duty shoes, white duty shirt with internal or external stab-proof vest. Optional duty cap, duty belt consisting of all supplies needed to perform duties of a security guard, and a sewn on badge of office.
3a. Individual facilities may hold their own uniform standards in the means of cleanliness.
4. Staff must be searched before entering the facility. And searched before leaving the facility.
4a. No utensils for eating may leave the cafeteria, punishment for such an act may be set within reason by the facility administration.
Section 3.1 - The Release Process -
1. This establishes the release board, in which three members will sit and hear from the inmate’s counsellor and will review the inmate's record every two weeks until their release or movement of the case to the Court of First Instance.
1a. A representative of the education staff must certify that the inmate has completed all necessary educational goals to be released back to the public.
1b. A representative of the security staff must certify that no major incidents has occurred within the two week evaluation time slot.
1c. A representative of the Ministry of the Interior must sign off that they believe that the inmate is ready to be released, and poses no harm to public order or security.
1d. If one of the three representatives does not approve the inmates release, they inmate will return to regular schedule for another two weeks, this process repeats until all three checks are obtained.
2. An inmate may appeal to a higher court for release at any point after the first hearing.
2a. A single juvenile court Judge will hear the case of the defendant and the corrections staff.
Section 3.2 - Administrative Procedure -
1. The OJC will be headed by a Superintendent and a Deputy Superintendent, they are tasked with managing all correctional responsibilities and ensuring that Ministries are doing their job.
1a. The three ministers are tasked with appointing three Senators to the Juvenile Corrections Oversight Committee which will be chaired by a non-voting fourth member from the opposition.
1b. The JCOC will be tasked with delivering a monthly report on the status of operations of the juvenile correction system as a whole and the status of the finance of the correctional system.
Section 3.3 - Correctional Offences -
Correctional facilities are free to restrict luxury items and other materials that are not necessary for life. Though to be an offence, each ministry must agree for the item to be banned.
Trafficking contraband - The act of taking any prohibited material that is prohibited by law, or has been restricted by previous agreement, in or out of a correctional facility is a contravention and can be a delict in more severe cases’ severity determined by the judges presiding.
Sexual Misconduct - Any prisoner or staff member caught in the act of any form of sexual activity with a prisoner is subject to immediate termination of job and punishable with a delict. In the case of prisoner on prisoner sexual misconduct, it depends upon if it violates current sex offence laws otherwise, it is up to the correctional facility on discipline.
Hereby passes this bill into law.
- Code: Select all
[box][align=center][size=150]Juvenile Corrections Act[/size]
Authors: Britanno [Ind.], Battlion [NDP], New Zepuha [MWP] | Sponsors: [nation]The People Who Say NI[/nation] [NDP], [nation]The Nihilistic View[/nation] [ALM] | Category: Order | Urgency: High |[/align]
[hr][/hr]
[b][i]Section 1.[/i] Preamble[/b] -
We of the Aurentine senate recognize that no juvenile law has been put in place. The lack thereof is a serious injustice to the young offenders of the nation. We believe that young offenders are much more capable of reforming in early years, rather than later in life. While the juvenile brain is still developing, and will not develop fully until age 21, the portion of the brain responsible for decision making is not yet formed.
With this being stated, it is with our belief that young offenders can not be treated as adults by the justice system. They need to be educated while being firmly reminded of their crime. Education does not cease when imprisoned, it must continue in a controlled classroom environment until a time in which they can be released back to general public. This system is for juvenile cases, ages 18 and under that are not serious enough to warrant trial in an adult court with full punishment. Sentences are dependent on inmates progression and grade from the approval boards. If they do not meet all requirements laid out by the approval board they are to be turned over to the adult courts for trialing on or after their 19th birthday.
[b][i]Section 2.[/i] Juvenile Correction Facilities -[/b]
1. The Office of Juvenile Corrections shall be established under the joint holdings of the Ministries of: Education, Justice, and Interior.
1a. The OJC will be responsible for maintaining security, education, and counselling for each juvenile facility under their purview.
1b. The OJC will have a branch for each Ministry, each Ministry will be responsible for a portion of the Juvenile Corrections process.
1c. Each facility will be headed by a Superintendent and team of administrators.
2. The Ministry of Justice will be responsible for establishing the Juvenile Courts, and hiring and appointing appropriate judges to oversee juvenile cases.
2a. The Juvenile Courts will be attached as a branch of the Court of First Instance.
2b. Juvenile criminals are entitled to the same criminal rights as adult offenders under the Justice Act.
2b-1. Juvenile Offenders may not receive capital punishment such as life imprisonment.
2b-2. Juvenile Offenders must complete the release process before their final year of schooling, or else the case must be turned or the case must be turned over to the Court of First Instance for additional sentencing.
. The Ministry of Justice is responsible for staffing judicial evaluators and facility administrators.
3.The Ministry of Education may establish an additional set of lessons for inmates, based on problem areas or a program the ministry believes would be beneficial.
3a. Prison Counsellors will be responsible for evaluating inmates upon arrival and suggesting a program to re-educate the offender.
3b. The Ministry of Education is responsible for staffing of teachers and education personnel.
3c. Inmates shall be exempt from the standard curriculum, and instead will be provided with a specially adapted curriculum set out by the Ministry of Education.
3d. Teaching staff shall be mandated to receive training in the area of prison education as well as standard teaching requirements.
4. The Ministry of the Interior is responsible for maintaining security staffing and funding the construction of said facilities.
4a. The Ministry of the Interior is also responsible for maintaining discipline and setting out the daily regimen for students.
4b. The Ministry of Interior must maintain a proportional staffing to number of inmates.
4c. The Ministry of the Interior is also responsible for construction security measures.
[b][i]Section 3.[/i] Facility Security and Restrictions[/b] -
1. Security guards must undergo background checks and have no prior sex offenses.
1a. Guards must undergo a 72 hour course on juvenile related enforcement and techniques to diffuse situations before using force.
1b. All staff entering the facility must undergo a similar 72 hour course to learn grappling techniques and the skills needed to detect danger, and operate in a potentially hostile environment.
1c. All staff are under the jurisdiction of the Office of Juvenile Corrections.
2. Security guards are not liable for injuries incurred during fights, or the lawful dispensation of law enforcement tactics.
2a. Guards may only be permitted to use grappling techniques, and may only be armed with a can of mace.
2b. In case of riot, a small armory must be ready to equip guards with batons, and CS gas.
2c. Guards found abusing inmates are liable to be punished under established laws.
3. A guards uniform must consist of a dark green pair of trousers with a golden stripe through the outer-center of each pant-leg, black duty shoes, white duty shirt with internal or external stab-proof vest. Optional duty cap, duty belt consisting of all supplies needed to perform duties of a security guard, and a sewn on badge of office.
3a. Individual facilities may hold their own uniform standards in the means of cleanliness.
4. Staff must be searched before entering the facility. And searched before leaving the facility.
4a. No utensils for eating may leave the cafeteria, punishment for such an act may be set within reason by the facility administration.
[b][i]Section 3.1[/i] - The Release Process -[/b]
1. This establishes the release board, in which three members will sit and hear from the inmate’s counsellor and will review the inmate's record every two weeks until their release or movement of the case to the Court of First Instance.
1a. A representative of the education staff must certify that the inmate has completed all necessary educational goals to be released back to the public.
1b. A representative of the security staff must certify that no major incidents has occurred within the two week evaluation time slot.
1c. A representative of the Ministry of the Interior must sign off that they believe that the inmate is ready to be released, and poses no harm to public order or security.
1d. If one of the three representatives does not approve the inmates release, they inmate will return to regular schedule for another two weeks, this process repeats until all three checks are obtained.
2. An inmate may appeal to a higher court for release at any point after the first hearing.
2a. A single juvenile court Judge will hear the case of the defendant and the corrections staff.
[b][i]Section 3.2[/i] - Administrative Procedure [/b]-
1. The OJC will be headed by a Superintendent and a Deputy Superintendent, they are tasked with managing all correctional responsibilities and ensuring that Ministries are doing their job.
1a. The three ministers are tasked with appointing three Senators to the Juvenile Corrections Oversight Committee which will be chaired by a non-voting fourth member from the opposition.
1b. The JCOC will be tasked with delivering a monthly report on the status of operations of the juvenile correction system as a whole and the status of the finance of the correctional system.
[b][i]Section 3.3[/i] - Correctional Offences -[/b]
Correctional facilities are free to restrict luxury items and other materials that are not necessary for life. Though to be an offence, each ministry must agree for the item to be banned.
Trafficking contraband - The act of taking any prohibited material that is prohibited by law, or has been restricted by previous agreement, in or out of a correctional facility is a contravention and can be a delict in more severe cases’ severity determined by the judges presiding.
Sexual Misconduct - Any prisoner or staff member caught in the act of any form of sexual activity with a prisoner is subject to immediate termination of job and punishable with a delict. In the case of prisoner on prisoner sexual misconduct, it depends upon if it violates current sex offence laws otherwise, it is up to the correctional facility on discipline.
Hereby passes this bill into law.[/box]
This has the needed sponsors to be added.
