Ch 33 Juvenile Procedures Flashcards
Exceptions to juvenile transport
Officers shall not transport adults with juveniles or males juv. With female juveniles unless.
- no other transport vehicle is available.
- arrest stems from the same incident
Transport of juveniles
Juveniles shall be segregated from public contact. They shall be removed/transported without necessary delay from the scene and transported directly to the appropriate police, detention, or hospital. Partially of fully disrobed juveniles shall be immediately removed from the public’s view and covered before transport. Under no circumstances will disrobed juveniles be transported with the opposite sex.
Transport of status offenders
Officers shall transport juvenile status offenders and non offenders separately from juvenile delinquent offenders and adult offenders.
Transport of delinquent offenders
Delinquent offenders shall be completely separated by sight and sound from adult offenders. Juvenile offenders charged as adults shall be processed and detained as adult offenders.
Male and female detainees
Male and female detainees shall be separated by sight and sound. The period that a detainee may be held without direct, continuous supervision will not exceed 2 hours.
Accused juvenile offenders
Shall not be held in secure custody longer than 6 hours. This time begins when the juvenile enters the facility and ends with the juveniles release or transfer to another authority. The officer shall complete the Maryland Secure Juvenile Holding Log for juveniles placed in secure custody.
Requesting charges against a juvenile.
An officer will request charges against a juvenile by checking “yes” in the shaded petition block of the arrest report for the following instances:
- Felonies
- acts that involve weapons, gang related, or serious assaults
- destruction of property
- thefts
- repeat offender
- on parole or probation
- has cases pending
Unable to determine the age of a juvenile
When the officer cannot establish the arrestees age, the Arrestee shall be processed as an adult. If the juvenile is charged as an adult and later determined to be a juvenile the reporting officer will document this on a continuation report. Once the offenders age has been determined, DOC is responsible for ensuring compliance with the core protection of the juvenile justice and delinquency prevention act.
Juvenile shall be charged as an adult if any of the following criteria is met:
- 14 years old charged with any offense for which the maximum penalty is either death or life.
- 16 years old charged with robbery with a deadly weapon or attempt thereof.
- 16 years old charged with wearing, carrying, or transporting a handgun or unlawful use of a handgun in commission of a crime.
Custodial interrogations
Custodial interrogations of juveniles shall not exceed 6 hours absent exigent circumstances. No more than 2 people shall engage in the interrogation of a juvenile.
Officers shall fingerprint juveniles charged with the following:
- any cds offense
- any felony
- any sex offense
- auto theft or attempt auto theft
- breaking & entering
- cdw or handgun violations
- dui/dwi
- hit & run
- tampering and UUV
Juvenile curfew
Its unlawful for any juvenile to be or remain in or upon a public place in the county between the hours of 2200-0500 hrs on sundays - thursdays. Between the hours of 2400-0500 on fridays and saturday nights.
Traffic offenses
Juveniles 16 or 17 years old shall be charged on a Maryland Uniform Complaint and Citation for all non-jailable traffic offenses. When a juvenile is also charged with criminal or jailable traffic offenses, all charges shall be documented on an arrest report.
Arrest reports will be used to charge juveniles 15 years old or younger with committing serious/jailable traffic offenses. A warning/field obs/J2 report may be used to document minor traffic offenses.
Delinquent offenders -
Juveniles who commit violations of the criminal law.
Non- offender-
Juvenile who is not charged with any offense, usually CINS.