Rule 6.938 Final Review Hearings

(A) General. The court must conduct a final review of the juvenile's probation and commitment not less than 3 months before the end of the period that the juvenile is on probation and committed to the state institution or agency. If the court determines at this review that the best interests of the public would be served by imposing any other sentence provided by law for an adult offender, the court may impose that sentence.

(B) Notice Requirements. Not less than 14 days before a final review hearing is to be conducted, the prosecuting attorney, juvenile, and, if addresses are known, the juvenile's parents or guardian must be notified. The notice must state that the court may impose a sentence upon the juvenile and must advise the juvenile and the juvenile's parent or guardian of the right to legal counsel.

(C) Appointment of Counsel. If an attorney has not been retained or appointed to represent the juvenile, the court must appoint an attorney and may assess the cost of providing an attorney as costs against the juvenile or those responsible for the juvenile's support, or both, if the persons to be assessed are financially able to comply.

(D) Criteria. In determining whether the best interests of the public would be served by imposing sentence, the court shall consider the following:

(1) the extent and nature of the juvenile's participation in education, counseling, or work programs;

(2) the juvenile's willingness to accept responsibility for prior behavior;

(3) the juvenile's behavior in the current placement;

(4) the prior record and character of the juvenile and the juvenile's physical and mental maturity;

(5) the juvenile's potential for violent conduct as demonstrated by prior behavior;

(6) the recommendations of the state institution or agency charged with the juvenile's care for the juvenile's release or continued custody;

(7) the effect of treatment on the juvenile's rehabilitation;

(8) whether the juvenile is likely to be dangerous to the public if released;

(9) the best interests of the public welfare and the protection of public security; and

(10) other information the prosecuting attorney or juvenile may submit.

(E) Credit for Time Served on Probation. If a sentence is imposed, the juvenile must receive credit for the period of time served on probation and committed to a state agency or institution.