519 P.2d 400 | Or. Ct. App. | 1974
This is an appeal from an order remanding Robert LeRoy Wagner from juvenile court to the Multnomah County Circuit Court for disposition as an adult as authorized by ORS 419.507 (4).
Prior to May of 1973 Wagner had compiled a juvenile court record of four burglaries, a vehicle theft, a second degree theft, three runaways and a curfew violation. He was never committed to MacLaren School for Boys but as a result of these acts had been warned twice and counseled once. During May and June 1973 the petitions allege that Wagner committed three armed robberies, one of which resulted in a homicide.
At the July 19, 1973, remand hearing, counsel for appellant contended that since Wagner had never been committed to MacLaren School, the juvenile court had not used all the resources available to it; he urged that Wagner be sent to MacLaren School to give the juvenile reform system a chance to work. He contended
This conclusion is also supported apart from the legislative history by the words of the statutes after amendment by SB 153. OES 419.507 (2) (b) states:
“ * No child so committed [to the Children’s Services Division] shall be placed in the Oregon State Penitentiary or the Oregon State Correctional Institution.”
Likewise, OES 420.011 (1) provides:
*507 «« # # child admitted to a juvenile training school shall be transferred by administrative process to any penal or correctional institution.”
Affirmed.
ORS 419.507:
“A child found to he within the jurisdiction of the court as provided in subsection (1) of ORS 419.476, may be made a ward of the court. Where a child has been found to be within its jurisdiction, and when the court determines it would be in the best interest and welfare of the child, the court may:
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“(4) In the circumstances set forth in ORS 419.533, remand the child to the appropriate court handling criminal actions * * *.
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ORS 179.473:
“(1) Notwithstanding any other provision of law, whenever the welfare of the person transferred and the efficient administration of the institutions require the transfer, subject to ORS 179.476:
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“(b) Except as provided in subsections (2) and (3) of this section, a division may make a permanent or nonpermanent transfer of a person from any institution under the jurisdiction of that division to any other institution under the jurisdiction of that same division.
“(2) A student of a juvenile training school may not be transferred to the Oregon State Penitentiary under subsection (1) of this section. A student of a juvenile training school who has been transferred to another institution may not be transferred from such other institution to the Oregon State Penitentiary.
“(3) A student of a juvenile training school may not be transferred to another institution under the supervision of the Corrections Division unless all of the following conditions are met:
“(a) The student is 16 years of age or older.
“(b) The behavior of the student at the training school is such as to endanger his own welfare or the welfare of others.
“(c) The student continues to receive, at the institution to which he is transferred, training of a type and degree at least as well suited for juveniles as that prescribed by ORS 420.120 or 420.320.
“(d) The consent of the committing court has been obtained after a hearing pursuant to ORS 419.498.”
See Minutes, House State & Federal Affairs Committee (1965), for discussion on HB 1292, enacted as Oregon Laws 1965, ch 616.
The constitutionality of a statute which permits transfer of a juvenile from the juvenile system to an adult court prison without an adult court trial is questionable for the juvenile system ordinarily lacks the adult court trial protections accorded to adult accuseds before being convicted and sent to prison.