Dual Jurisdiction Program, A Sentencing Option for Youthful Offenders
The information below provides an overview of the Dual Jurisdiction Statute (211.073 RSMo) and the Dual Jurisdiction Program in the Missouri Division of Youth Services (DYS).
Dual Jurisdiction is a blended sentencing option in which a juvenile and adult sentence is simultaneously imposed with the execution of the adult sentence suspended.
To be considered for the Dual Jurisdiction Program in DYS, a youth must meet these requirements:
- Under the age of 17,
- Transferred to a Court of general jurisdiction, and
- Prosecution results in a conviction or a plea of guilty.
Assessment and Intake Process
Prior to the youth’s sentencing, the Court shall order the Division of Youth Services to evaluate a youth to determine amenability and appropriateness for long-term, individualized comprehensive programming with the DYS’s dual jurisdictional facility.
The screening includes a:
- Face-to-face interview with the youth,
- The application of a risk assessment tool,
- A review of other pertinent information, and
- If a pre-sentence investigation has been ordered, consultation with the Missouri Board of Probation and Parole will be completed.
After this process is completed, DYS will notify the court of the youth’s appropriateness and will request the Court to allow thirty days for completion of the evaluation process. If DYS agrees to placement, the Court may invoke the dual sentencing option as specified in 211.073 RSMo.
The Division of Youth Services operates a 40-bed secure facility in Montgomery City, designed specifically for Dual Jurisdiction youth. The treatment and education components within the facility consist of:
- Group counseling,
- Individual counseling,
- Academic training, and
- Vocational preparation.
- Development of effective communication and problem-solving skills,
- Recognition of and working on patterns of poor decision making,
- Identification of the various elements associated with negative behaviors, and
- Restorative justice and victim empathy.
When a dual jurisdiction youth reaches the age of 17, the Court shall have a hearing to decide if the youth will be:
- Transferred to the Department of Corrections,
- Placed on probation, or
- Remain in the custody of DYS, with the agreement of both the Court and DYS.
If a youth violates the terms and conditions of the suspended sentence, the Court may:
- Continue or revoke the juvenile disposition,
- Impose the adult criminal sentence, or
- Enter such order as it sees fit.
In the event DYS determines that a youth is beyond the scope of its treatment programs, DYS will petition the Court for transfer of custody.
DYS is required to petition the Court for a hearing before the youth reaches his/her 21st birthday.
Youth may not remain in DYS beyond their 21st birthday.
For additional information regarding the DYS Dual Jurisdiction program, please contact:
Missouri Division of Youth Services Dual Jurisdiction Program
PO Box 447
Jefferson City, MO 65102-3324