44
JUVENILE OPERATIONS
Standards in this chapter relate to the organizational and operational aspects of juvenile operations.
Beyond enforcing the law with respect to juvenile offenders, agencies should make a firm commitment to implement procedures directed toward addressing the causes of the behavior and to develop programs designed to prevent juvenile delinquency. In mid- to large-size agencies, a juvenile operations component should be established; in smaller agencies, the assignment of the function to a person as a part-time responsibility may suffice. The activities engaged in by those responsible for the function should include such things as conducting follow-up investigations of cases involving juvenile offenders, processing youth arrests, preparing and presenting court cases in which a juvenile is involved, diverting juvenile offenders from the juvenile justice system, and designing and implementing programs intended to prevent delinquent and criminal behavior by youths. Beyond this, consideration should be given to developing mechanisms to assure that the victims of juvenile crimes are appraised of case status and disposition.
When dealing with juveniles, law enforcement officers should always make use of the least coercive among reasonable alternatives, consistent with preserving public safety, order, and individual liberty. Generally speaking, law enforcement agencies have four sets of alternatives from which to choose when dealing with juveniles: they may release the offender and take no further action; they may divert the offender to any of a number of social service agencies; they may dispose of the case themselves; or they may (in the case of serious offenders) refer the youth to juvenile court (intake). Because a range of alternatives exists, agencies should establish guidelines and criteria for the use of each.
Given the special legal status of juveniles, criteria should be developed that govern when juveniles should or should not be taken into custody. In addition, procedures should be established for the interrogation and temporary detention of juveniles, who are taken into custody. Procedures should also be developed for the collection, dissemination, and retention of fingerprints, photographs, and other forms of identification, as well as juvenile records. The standards in this chapter are not intended to usurp state statutes or ordinances. Evidence of adherence to state statutes or ordinances will be taken as evidence of compliance.
44.1 Administration
44.1.1 A written directive establishes the agency’s juvenile operations function, and includes, at a minimum, the following:
a. a statement that the agency is committed to the development and perpetuation of programs designed to prevent and control juvenile delinquency; and
b. a statement that the responsibility for participating in or supporting the agency’s juvenile operations function is shared by all agency components and personnel.
Commentary: The intent of this standard is to establish agency accountability for the juvenile function in writing. The function should be developed and operated to effectively meet agency needs. Placement of the function within the organizational structure is also addressed by standard 11.1.1. Proving compliance with this standard may be accomplished through a series of documents or a single, all inclusive directive.
This list of activities should not be viewed as all inclusive; rather it is intended that the activities mentioned form a core around which other requirements or policies may be added as needs dictate.
(M M M M)
44.1.2 The agency encourages review and comment by other elements of the juvenile justice system in the development of the agency’s policies and procedures relating to juveniles.
Commentary:
None.(O O O O)
44.1.3 A written directive requires annual review and written evaluation of all enforcement and prevention programs relating to juveniles. The evaluation should consider both the quantitative and qualitative elements of each program, lending itself to decisions regarding whether a specific program should function as is, be modified, or be discontinued.
Commentary:
The evaluation should consider programs and initiatives created to comply with standard 44.1.1.(N/A O O O)
44.2 Operations
44.2.1 A written directive requires that officers dealing with juvenile offenders use the least coercive among reasonable alternatives and includes, at a minimum, provisions for the following:
a. outright release with no further action;
b. criteria and procedures for issuing written citations or summonses to juvenile offenders to appear at intake in lieu of taking them into custody; and
c. referral to juvenile court.
Commentary:
In keeping with the doctrine of parens patriae, i.e., that the state plays the role of parent to the child rather than adversary, agencies should seek the least forceful alternative when disposing of cases involving juveniles.Law enforcement agencies have a wide range of alternative remedies they may employ, ranging from warnings to intake.
If allowed by law, written citations or summonses should be used rather than taking juveniles into custody. A copy of the citation should also be sent to the juvenile’s parents or guardians.
The agency should have guidelines for making diversion decisions, such as the nature of the offense, the age and circumstances of the offender, the offender’s record, the availability of community-based rehabilitation programs, and recommendations for diversion from complainants or victims.
Where appropriate and when resources are available, simple treatment by the agency alone, consisting principally of supervision on a voluntary basis agreed to by the parents, may suffice.
In other cases, a relatively prolonged program of treatment or diversion on a voluntary basis, necessitating the services of one or more social agencies, may be needed.
Agency referral of alleged juvenile offenders for formal legal proceedings should be restricted to those cases involving serious criminal conduct or repeated criminal violations. In general, delinquent acts requiring referral to the juvenile justice system would include all delinquent acts that, if committed by an adult, would be felonies; all delinquent acts involving weapons; all serious gang-related delinquent acts; all delinquent acts involving aggravated assault and battery; all delinquent acts committed by juveniles on probation or parole or by those with a case pending; and all repeated delinquent acts (within the preceding 12 months).
Other cases that may require referral to the juvenile justice system include juveniles who have been selected for a diversion program but have refused to participate and cases in which it has been determined that parental supervision is not effective.
If prevailing law specifies requirements for intake, the standard may be satisfied by incorporating reference to the law into the written directive.
(M M M M)
44.2.2 The agency has written procedures for taking a juvenile into custody, including, at a minimum, provisions for the following:
a. determining whether the juvenile is alleged to have engaged in noncriminal misbehavior (a status offense);
b. determining whether the juvenile is alleged to have been harmed or to be in danger of harm;
c. ensuring that the constitutional rights of juveniles are protected;
d. bringing the juveniles to the intake facility or the juvenile component without delay (unless a juvenile is in need of emergency medical treatment); and
e. notifying parents or guardians of juveniles that the latter have been taken into custody.
Commentary: The intent of the standard is to provide guidance to agency personnel in making custody decisions in juvenile matters. For the purposes of this standard the term "taking into custody" encompasses the concept of protective custody for juveniles.
Agency procedures should also specify the responsibilities of law enforcement personnel during the processing of a juvenile taken into custody.
(M M M M)
44.2.3 A written directive governs procedures for the custodial interrogation of juveniles, to include provisions for the following:
a. conferring with parents or guardians;
b. limiting the duration of interrogation and the number of officers engaging in the interrogation; and
c. explaining agency and juvenile justice system procedures to juveniles being interrogated.
Commentary:
None.(M M M M)
44.2.4 The agency has a school liaison program which, at a minimum, incorporates the following:
a. acting as a resource with respect to delinquency prevention;
b. providing guidance on ethical issues in a classroom setting;
c. providing individual counseling and/or mentoring to students; and
d. explaining the law enforcement role in society.
Commentary:
School liaison programs can also provide a forum through which students, parents, faculty, and law enforcement officers can become acquainted and, as a result, earn mutual respect. Apart from the obvious benefits accruing to youths, such programs demonstrate to parents and faculty that the agency has a genuine interest in the community’s youths. Visits to schools by liaison officers should be frequent (at least once a week), and efforts should be taken to have the same officer serve, on an ongoing basis, the same school so that students can come to recognize and identify with a particular liaison officer. In addition, the liaison program should be oriented toward serving students in primary and elementary grades. Guidance and training should be provided for those officers involved in individual counseling or mentoring of students. The use of liaison officers as security guards or hallway monitors should be avoided if at all possible. By acting in such a capacity, liaison officers may irreparably damage the relationship of mutual trust they have established. However, if a violation of the law occurs within plain sight, the officer should take appropriate action.(O O O O)
44.2.5 The agency participates in and/or organizes community recreational youth programs.
Commentary:
Law enforcement agencies should take an active leadership role in developing community recreational programs for juveniles. If a recreational program is needed but does not exist, the agency is encouraged to organize one. However, once the program is established, it is best for the agency to turn over the management to professional recreational personnel or citizens’ groups and allow agency personnel to participate in the program on a voluntary basis.(O O O O)