VII: Disposition (Sentencing)

Question 1

The purpose of disposition is ________________ - __________ restrictive option to rehabilitate the child and keep the public safe.

Answer 1

Rehabilitation

Least

Question 2

DJJ usually prepares a pre-disposition report (PDR) that includes:

Answer 2

1. Summary of individualized multi-disciplinary assessment - identifies and prioritizes needs of child, information about child’s family, education, psychological needs, health, substance abuse and delinquency history
2. Information about current and prior offenses
3. Recommended placement and treatment plan - most appropriate residential commitment level based on assessment of risks - least restrictive alternative that reasonably ensures public safety

Question 3

Hearing: All parties must be given an opportunity to ___________ - child, parents, victim, State attorney, DJJ, school, law enforcement.

Answer 3

Speak

Question 4

If the Judge does not follow DJJ recommendations regarding restrictiveness, court must provides ____________ by a _______________________________ for the decision.

Answer 4

Reasons

Preponderance of the evidence

Question 5

Sentencing options:

Answer 5

1. Probation and community service with conditions and restrictions. Can include Restitution - cannot exceed what child can be reasonably expected to pay
2. Commitment - the court may commit a child to DJJ at a specific restrictiveness level based on security and community access: Minimum Risk Nonresidential, Nonsecure Residential, High Risk Residential, or Maximum Risk Residential.

Question 6

Explain the differences between: Minimum Risk Nonresidential, Nonsecure Residential, High Risk Residential, and Maximum Risk Residential

Answer 6

Minimum Risk Nonresidential - Day treatment program (5 days a week); unsupervised community access
Nonsecure Residential - Residential program (specified period of time); supervised community access
High Risk Residential - Structured residential; up to 72 hours of community access for a specific reason
Maximum Risk Residential - Maximum security residential; no community access

Question 7

Sentencing must be a an ______________ period of time - until _____________. Any sentence whether probation or commitment ___________ be longer than what an adult could have been sentenced to for the same offense.

Answer 7

Indeterminate
Rehabilitated
Cannot

Question 8

If the child is found to have committed an offense punishable by ___________ or ______________________, the child is sentenced as an adult. However, under recent US Supreme Court decisions, it is ___________________ to give a child the _________ penalty, mandatory _________ without parole, or __________ without parole for non-homicide offenses. The court must hold a ____________ hearing to determine if a sentence for _______________________ is appropriate, and if a life sentence is given, it is subject to ______________ review.

Answer 8

Death
Life imprisonment
Unconstitutional
Death
Life
Life
Separate
Life imprisonment
Subsequent

Question 9

Parent can be ordered to go to ______________, parenting ____________ or receive services.

Answer 9

Counseling

Classes

Question 10

Parent can only be ordered to participate in community service if they did not make a __________________ effort to prevent the child from participating in delinquent acts.

Answer 10

Good faith

Question 11

Court may order parent to make _________________ for damage caused by the child’s offense.

Answer 11

Restitution

Question 12

Parent can be ordered to pay the cost of care, unless ___________.

Answer 12

Indigent