AG Juvenile & School Policy Flashcards
What are the 5 goals and objectives of the AG juvenile matters policy?
- prevent & control juvenile delinquency
- handle and prosecute offenders
- ensure interest of public is properly represented
- promote rehabilitation
- identify and deal with small core of juvenile impact offenders
What is an “impact offender”?
a juvenile who is a chronic or repetitive offender, and whose repetitive offenses if committed by an adult, would constitute indictable crimes, whether against persons or property.
Every L.E. agency having patrol jurisdiction shall designate at least ___ sworn juvenile officer(s).
1
In which instances SHOULD a juvenile be taken into custody/complaint filed?
- Indictable Offense
- Impact offender
- already has charges pending
- history of repetitive DP offenses
- activity is violation of a supervisory condition (i.e.. probation)
In which instances SHALL a juvenile be taken into custody/complaints filed?
Any drug offense (2C:35 or 2C:36)
In which instances SHOULD a juvenile complaint not be filed?
For DP and PDP offenses, except if repetitive or DP drug offenses
What SHALL be the appropriate method of responding to/handling a less serious juvenile delinquency act?
A curbside warning or stationhouse adjustment
Does a stationhouse adjustment involve taking a juvenile in to custody/signing complaints?
No
What 3 things does a stationhouse adjustment entail?
- warning juvenile about future consequences of their activity
- Notifying parents/guardians
- Keeping a record (date, time, ID and offense)
Who should perform a stationhouse adjustment when available?
Juvenile officer
If a juvenile officer is not available for a stationhouse adjustment what is recommended?
officer handling should consult with juvenile officer prior to conducting stationhouse adjustment
Is a stationhouse adjustment for a juvenile who committed a 4th degree offense appropriate?
Only if the juvenile has no prior record that is known about.
Which particular offenses SHALL not be adjusted without permission from the county prosecutor’s office?
- Drug offenses
- Bias crimes
- Sex crimes
- Crimes involving serious/significant bodily injury
- 3rd degree crimes
When shall an Offense not qualify for a stationhouse adjustment under any circumstances/permissions?
- 1st or 2nd degree crimes
- Juvenile has charges pending
- Juvenile is on probation, parole etc..
If a juvenile has a record of a prior serious offense or more than 2 minor offenses, should they receive a stationhouse adjustment?
No
Who must be present during a stationhouse adjustment?
The juvenile’s parent/guardian?
If a parent/guardian is not available for a stationhouse adjustment, who may attending in their place?
A responsible adult designated ONLY by the parent/guardian.
With regards to a juvenile delinquency act, if there is a known victim of the act, what should happen before a stationhouse adjustment takes place?
Victim should be notified and agree to the process.
Can a stationhouse adjustment be used if a victim of juvenile delinquency objects to it? And what should victim be advised that they are permitted to do if they object?
No, they then should be advised to sign a complaint if appropriate
How often should dept reports of stationhouse adjustments be submitted to the prosecutor’s office?
Quarterly
Should a juvenile’s personal information be included on stationhouse adjustment reports that are submitted to the county prosecutors office?
No
How old must a juvenile be at the time of an offense to be fingerprinted/photographed when charged?
14 or older
Who shall both original fingerprint cards and original photograph(s) be immediately transmitted to?
State Bureau of Identification
May juveniles being charged with a DP or PDP offense be fingerprinted?
No
What would allow fingerprints to be taken from someone under the age of 14 for latent comparison?
- Consent from Juvenile AND parent OR
2. Consent from the court
If fingerprints have been taken from someone under the age of 14, what shall be done with them after they are used for investigative comparison?
They must be destroyed.
T or F….Juvenile under the age of 16 should be used as informants?
False, in most cases juveniles under the age of 16 should not be used as informants
Under no circumstances shall a juvenile under the age of __ be used as an informant.
12
With regards to juveniles being detained at police HQ, there must be _____ & ______ separation from detained adults.
Sight & Sound
A juvenile may be detained for no longer than __ hours?
6
With regards to juveniles, a ______ offender, is a juvenile who is involved in behavior that would constitute a crime for an adult.
Status
What record must a dept. keep to document all juveniles taken into custody?
A juvenile admissions log.
_____ is the most commonly used substance by school age children.
Alcohol
A police officer must do what before entering a school building?
Comply with school procedures for reporting of visitors
What is the first thing that a L.E. agency do upon receiving info about the existence of a firearm on school grounds?
Immediately dispatch an officer to take custody and secure weapon.
With regards to a L.E. agency disclosing information to a school regarding a juvenile under investigation, the information should be provided ______.
Orally
When arresting a student on school grounds, what should an officer do before removing the student from school grounds?
notify the principal
Does information about the arrest of a student have to be provided on a confidential basis when notifying the principal?
If the student is a juvenile
When a person who is not an enrolled student is arrested on school grounds, what information shall be provided to the principal regarding the arrest?
The circumstances of the offense and the ID of the offender (may not give ID of non-student juvenile)
When arresting a student on school grounds an officer should make every effort to effect the arrest where?
The principal’s office
If an officer cannot effect the arrest of a student in the principal’s office where should they attempt to make the arrest?
away from the general student population
T or F. Uniformed officers should respond to a school in a marked unit to make an arrest?
False, plainclothes in unmarked vehicle with no lights and sirens.
Who must approve an undercover operation to be performed on school grounds?
The designated school official ,AND
Who must approve the use of an undercover officer as a certified member of the school community?
The Attorney general with notice given to the commissioner of Education
In general an undercover officer will not carry a firearm on school grounds, however if the operation requires the officer to be armed, the officer must get approval from whom?
His immediate supervisor
What are the offenses/incidents that require a notification to school principal where student is enrolled?
- Offense occurred on school grounds
- Juvenile taken into custody as a result of info/evidence provided by school officials (whether or not on grounds)
- result in Death/SBI
- Firearm or other weapon involved
- distribution of CDS
- Bias incidents
- 1st or 2nd degree crime
When a juvenile is charged with a delinquency act that would be considered a crime or offense for an adult, what information shall be provided to the principal?
- ID of juvenile
- The charge
- the adjudication or disposition
Is a notification to a principal required when a juvenile is under investigation?
Yes
When a L.E. agency files a complaint against a person employed by a school district, how soon must a copy of the complaint be submitted to the school district?
no later than the next business day
Which offenses against a school district employee require a notification to the school district?
- All indictable
- DWI
- DPs and PDPs
Who shall always be consulted prior to the placement of an undercover officer in a school?
The superintendent and principal unless compelling reasons exist not to consult.
A request by a school official to have a uniformed police presence at a school event should be made to whom?
police liaison or Chief
May a school official give an officer permission to search a student’s locker?
No, only a parent can give consent.
If a parent gives consent to the search of a locker but the minor objects what would be the best course of action to take?
Apply for a warrant
Is a K9 “sniff” of a student’s locker during a “sweep” considered a search?
No
What courses of action can an officer take if a K9 alerts on a student’s locker?
- Warrant (Best) or
- Investigate Further or
- Obtain Consent from student and/or 1 parent or
- Advise school officials to investigate (not recommended)
Who must approve of a K9 “sweep” in a school?
The County prosecutor
No juvenile under the age of __ shall be placed in detention, unless charged with an offense if committed by an adult would be a crime of the 1st or 2nd degree or arson.
11
What are the 5 roles and functions of police liasons?
- Facilitate Communication
- Identify and solve problems
- Act as primary contact person
- Develop drug training and other cooperative efforts
- Coordinate drug and alcohol prevention efforts
What kind of arrest is a clean sweep considered?
Planned arrest
Define operating school hours.
When school is in session or when students are engaged in school activities under supervision of school staff
Are BB and air guns considered firearms under 2C:39-1f?
yes
Are mase, pepper spray and paintball guns considered dangerous weapons under 2C:39-1R?
Yes, however a paintball gun is NOT considered a firearm.
What should a planned narcotics surveillance be limited to observing?
- Specific persons or groups involved in drug trafficking or weapons related activity AND
- Specific areas on school property where drug use or trafficking or weapons related activity is believed to occur frequently
T or F? When possible uniformed police officers should be present at all major school sporting events…
TRUE
If a police agency is notified from a school official that CDS has been found, when shall an officer be dispatched to the school to handle the matter?
As promptly as possible
When is the only instance when schools do not have to provide chain of custody or student info related to a CDS incident?
When the CDS is turned over to a substance abuse counselor or as a result of diagnosis or treatment or when the student volunteers the substance, what not involved in distribution and agrees to counseling.
For the arrest of any student with a weapon, where shall officers make every reasonable effort to effect the arrest?
Off of school property, but when not feasible officers shall comply with the notification requirements for planned arrests
Is it an offense for an adult to bring alcohol on school property?
Yes, unless given written permission by school board or principal
For underage possession or consumption of alcohol can an agency forego formal charges in favor of school discipline or other juvenile justice alternatives?
Yes, including a stationhouse adjustment would be proper
Name the 7 categories where principal must be notified that a student has been taken into police custody but hasn’t been charged?
- Offense occurred on school property, bus or against school official.
- Student taken into custody b/c of info provided by school officials
- Attempted, actual or conspiracy to cause death, sbi
- weapons
- distribution of CDS
- bias incidents
- 1st or 2nd degree crime
List the 6 circumstances when the principal will be notified of an arrest
- During school hours for a suspected offense reported by someone other than principal or superintendent
- when offense occurs at school during school hours in officer’s presence
- person subject to arrest retreats onto school property during school hours
- Arrest involves student (if possible notify principal b4 taking off of school property)
- Arrest of student off of school grounds during school hours or transit between school and home’
- When a planned arrest is to occur on school property
T or F…Juveniles must always be arrested for CDS offenses?
TRUE
What shall no L.E. activity interfere with at school?
School substance abuse counseling and initiatives
What must be present to conduct under cover, surveillance or clean sweep operations on school property without notifying the appropriate school authorities?
Compelling or exigent circumstances
Which schools are covered by the drug free school zone directive?
public, private and parochial
Who must approve of all operations conducted pursuant to the drug free school zone directive by any county or local agency?
The county prosecutor
What is the difference between a planned arrest and a spontaneous arrest?
Planned, probable cause is known sufficiently in advance,
Who is the only person that can determine not to consult the principal and superintendent before placing an undercover officer in a school?
The AG
What shall each undercover school plan specify?
- The Chain of command
- which superiors will directly supervise the operation
- The contact persons available on a 24 hour basis
Who shall remain ultimately responsible of all aspects and be kept abreast of all undercover school operations?
The CP
What kind of detailed briefing shall be provided to the principal and superintendent by the LE agency with regards to undercover operations?
A briefing concerning the logistical and record keeping requirements of placing an officer undercover and 24 hour police contact information
Shall the principal and superintendent by advised of the identity of the undercover officer assigned in a school?
yes unless the AG finds compelling reasons not to inform them
Who shall be advised if an undercover operation has been terminated by the police?
The principal and superintendent
When can an undercover officer ingest or inhale or distribute or dispense CDS?
Only with the express approval of the CP, AG or designee or if it is passive inhalation.
As a general rule when should an undercover carry a gun at school?
Generally an undercover should not carry a gun at school
What is necessary to conduct a planned narcotics surveillance during operating school hours?
Notice to and consultation with principal or superintendent or compelling or exigent circumstances must exist as determined by the CP
