Juvenile Delinquency (Me)

Question 1

Are juvenile deliquency proceedings criminal or civil?

Answer 1

They are civil proceedings with the goal of rehabilitation, not punishment.

Question 2

What due process rights do children have in juvenile deliquency proceedings?

Answer 2

1. right to an attorney
2. right to cross-examination
3. right to protection from compelled self-imcrimination
4. right to proof beyond a reasonable doubt
5. right to be free of double jeopardy.

NO RIGHT to jury trial or to bail.

Question 3

What court has the exclusive original jurisdiction over proceedings in which a child is alleged to have committed a deliquent act or violation of law?

Answer 3

The circuit court.

Circuit court retains jurisdiction over a child on probation until 19 years and a child committed to the department until 21 years. Juvenile sex offenders until 21 years, including in comunity-based treatment alternative, etcc. Retains jurisdiction over child and child’s parent or guardian until restitution order is satisfied.

Question 4

Venue for delinquency proceedings

Answer 4

Must be filed in the county where delinquent act or violation of law occurred, but may transfer to where child resides or will reside at time of detention or placement for dispositional purposes.

Question 5

Can a child waive right to counsel?

Answer 5

Yes, if waived freely, knowingly and intelligently.

Question 6

When does the child’s right to counsel begin?

Answer 6

A child must be represented by legal counsel at all stages of all court proceedings unless the right to counsel is waived.

Question 7

Are a juvenile’s records and information always confidential?

Answer 7

No. Depends on the offense or disposition. E.g., an offense that would be a felony if committed by an adult is treated differently.

May release report to victim. Must notify superintendent of schools if offense would have been a felony.

Records of the Department of Juvenile Justice regarding children are not open to public. May be inspected only on order of court by persons deemed to have proper interest, except child, parents, guardians, legal custodians, their attorneys, and certain state officlas have right to inspect and copy any official record.

Question 8

When can a child be taken into custody?

Answer 8

1. pursuant to an order of circuit court based on sworn testimony before or after a petition is filed;
2. by lawful arrest;
3. by a law enforcement officer for failure to appear at a court hearing after proper notice; or
4. by a law enforcement officer with probably cause to believe child has violated probation, nonsecure detention, conditional release supervision, or nonresidential or resdiential commitment.

Note: child should be released from custody as soon as is reasonably possible.

Question 9

Who must make a written report or probably cause affidavit?

Answer 9

1. If a child is released – the person who took child into custody must make a written report or probably cause affidavit to the juvenile probation officer within 24 hours after the release.
2. If a child is detained or released to a shelter – reasonable effrots to notify parent, guardian, legal custodian. Child delivered to junveile probation offier or detention center by order of court. Upon delivery of child, person taking child into custody must make written report or probably cause affidavit to juvenil probation officer.

NOTE: a copy of probably cause affidavit or written report must be filed with clerk of circuit court within 24 hours.

Question 10

Who makes filing decisions with respect to the child?

Answer 10

The state attorney, regardless of action or lack of action by juvenile probation officer. State attorney prosecutes these cases. Can refer for prosecution as an adult if criteria made or petition for dependency, delinquency or refer the case to a grand jury.

Question 11

What are the juvenile probation officer’s duties?

Answer 11

Serves as primary case manager for child and is responsible for, among other things, screening the child to determine appropriateness for release or referral to a diversionary program and for medical, psychiatric, substance abuse, or educational problems. Info from this is inadmissible in court without written consent of child. Officer assigns points based on seriousness of charge and other factors.

Question 12

What is the process for a child taken into custody for a delinquent act?

Answer 12

1. Custody (arrest)
2. Detention Hearing (must occur within 24 hours from arrest)
3. Arraignment (must be arraigned within 48 hours after the filing of the petition for delinquency)
4. Adjudication (trial) (21 days from detention)
5. Disposition (sentencing) (15 days from adjudication)

Question 13

What are the responsibilities of the Department of Juvenile Justice (DJJ)?

Answer 13

• plays big role in recommending whether a case should go forward (intake)
• provides court a numerical score that determines whether the child should be released or detained (detention)
• involved in sentencing (disposition).
• runs assessment centers (for intake and screening), detention centers and commitment programs

Question 14

What is pre-trial diversion?

Answer 14

• State has discretion to divert child from formal court proceedings.
• Usually recommended by DJJ probations officers and approved by State Attorney
• State agrees not to prosecute child if child agrees to certain conditions.

Question 15

What is the process for detention of a child?

Answer 15

• a DJJ probation offier conducts a detention risk assessment to determine whether the child can be legally detained before the first court hearing.
• Must appear before a judge for a detention hearing within 24 hours.
• can only be held in detention for 21 days unless an adjudicatory hearing has been commenced in good faith by court.
• If not detained, adjudicatory hearing must be held as soon as practicable after the petition is filed.

Question 16

What happens at the detention hearing?

Answer 16

• judge explains charges
• asks questions to determine whether child’s family can afford an attorney, and if not, appoints counsel
• decides whether there is probable cause to believe the child committed the deliquent act or violation of law
• decicdes if continued detention is necessary (use the scoring system of the DJJ); and
• schedules a date for arraignment.

NOTE: court has limited discretion to place a child in secure detention when risk assessment score indicates otherwise, and the court must state clear and convincing reasons for the placement.

Question 17

What is secure detention vs. nonsecure detention?

Answer 17

• nonsecure detention: child is in the physical custody of a parent, guardian or other home-like setting while under DJJ supervision.
• secure detention: secure residential juvenile facility operated by DJJ.

Question 18

How is a child transferred to adult court?

Answer 18

Three methods:

1. Waiver (judge decides)

• prosecutor MUST request a transfer to adult court (unless written reasons are provided) if:
  
  • child is > 14, charged with a violent offense and previously adjudicated for a serious violent offense;
  • child is >14, charged with a felony, and had 3 prior adjudications for felonies.
• prosecutor may ask judged to transfer a child >14
• a child of any age may voluntarily request a waiver (transfer).

2. Indictment (grand jury decides).
   * Indictment is used for offenses punishable by death or life imprisonment. A child cannot be sentenced to death or life without parole.
3. Information (prosecutor decides)

• prosecutor may have a child transferred into adult court without judicial hearing or approval DISCRETIONARY DIRECT FILE.
  
  • child is 14 or 15 and commits a serious crime; or 16 or 17 and public interest requires consideration of adult sanctions.
  • child 16 or 17 charged with misdemeanor can be direct filed only if previously adjudicated delinquent for 2 offenses – one of which must be a felony.
• prosecutor must file mandatory direct file if:
  
  • child of any age steals a motor vehicle and causes serious injury or death. All willing passengers must be transferred to adult court.
  • child 16 or 17 is charged with a violent offense and was previously adjudicated delinquent for a violent offense.
  • child 16 or 17 is charged with a forcible felony, and has been previously adjudicated delinquent for 3 felonies – each occurring at least 45 days apart.
  • child 16 or 17 and possessed or discharged a firearm during commission of a serious crime.

Question 19

After a child is convicted in adult court and is sentenced as an adult, can he be considered a child in other cases?

Answer 19

No. Child will be considered an adult for all subsequent offenses.

Question 20

What is the process for arraigment of the child?

Answer 20

1. a petition with delinquency charges must be served on the child by law enforcement agencies, as well as the child’s parents, legal custodians and guardian ad litem.
2. no answer by child is required
3. arraignment must be held within 48 hours after filing of petition if child is detained.
4. at hearing, child advised of right to ocounsel, and appointed one if child indigent, and the child enters a plea of guilty, not guilty or no contest.

Question 21

What must the court do before a child’s plea is accepted?

Answer 21

1. advise child of right to counsel and ensure child has a meaningful opportunity to consult with counsel before entering a plea
2. find a factual basis for the deliquent act
3. ensure the child is knowingly and intelligently waiving his constitutional rights
4. ensure the plea is voluntary
5. ensure that the child has a full understanding of the allegations and possible consequences.

Question 22

What are the requirements for an adjudicatory hearing (trial) for a child?

Answer 22

• child has constitutional right to a trial, but not a jury trial or bail
• child may demand discovery, including by deposition and exculpatory evidence
• charges must be proven beyond a reasonable doubt
• public hearing allowed but court may close if public interest and child are best served
• rules of evidence for criminal cases apply
• adjudicatory order must be in writing

Question 23

What are the requirements for disposition (sentencing) of a child?

Answer 23

• disposition should use the least restrictive option to rehabilitate the child and keep the public safe (if judge doesn’t follow DJJ recommendations on this, court must provide reasons by a preponderance of the evidence for such decision)
• DJJ usually prepares a pre-disposition report (PDR) that includes info about child and recommended placement and treatment plan
• at the hearing all parties must be given opportunity to speak – child, parents, victim, state attorney, DJJ, school, law enforcement
• sentence must be for an indeterminate period of time – until rehabilitated. cannot be longer than sentence adult could have received for same offense.
• parents can be ordered to go to counseling, community service, restitution, pay cost of care, unless indigent, etc.

Question 24

Does a child have a right to an appeal?

Answer 24

Yes. May appeal to appropriate district court of appeal. State may also appeal certain orders, including dismissal of petition.

Question 25

What are the levels of commitment to which the court can commit a child to DJJ?

Answer 25

1. minimum risk nonresidential – 5 day a week day treatment programs, unsupervised access to community
2. nonsecure residential - secure facilities, close supervision of youth, but may allow youth to have supervised access to the community
3. high risk residential – perimeter fencing and locked doors, limited access to community
4. maximum risk residential – perimeter security, fencing and locked doors, juveniles correctional facilities and juvenile prisons, no access to community