Presentation on theme: "DELINQUENCY Judicial 101 – Juvenile Law JUVINILE JUSTICE SYSTEM HISTORY- early Over one hundred years ago, Colorado became one of the first states in."— Presentation transcript:
DELINQUENCY Judicial 101 – Juvenile Law
JUVINILE JUSTICE SYSTEM HISTORY- early Over one hundred years ago, Colorado became one of the first states in the country to commencing creating a separate juvenile justice system. In 1889, Colorado created a youthful correctional institution in Buena Vista for male persons between the ages of sixteen and thirty who were convicted of crimes punishable by a term not less than ninety days. S.B. 169, 1889 Sess. Laws 418, 420 The purpose was to separate juvenile offenders from adult offenders by creating a special system for the appropriate sanctioning of juveniles who violate the law. With the Colorado's passage of the Act of April 12, 1899, mandating the separate treatment of child truants, can be argued to be the first time in the country that delinquent children were afforded treatment separate from that of adults. King, Colorado Juvenile Court History: The First Hundred Years, 32 Colo. Law. 63 (2003) In 1903, Colorado established its first formal juvenile justice system. King, Colorado Juvenile Court History at 64. Flakes v. People 153 P.3d 427, 432 (Colo.,2007)
JUVINILE JUSTICE SYSTEM HISTORY - recent In 1964, the General Assembly abolished separate juvenile courts in all districts except Denver, where the Denver Juvenile Court was authorized by constitutional amendment of Feb. 20, 1964 Colo. Sess. Laws 437, 444; Colo. Const. Art. VI, § 15. Colorado adopted the Children's Code in 1967 and incorporated rule whereby “ juveniles are also entitled to the essentials of due process and fundamental fairness. People in Interest of J.A.M., 174 Colo. 245, 250, 483 P.2d 362, 364 (1971). In 1973, as part of a reform that repealed and reenacted the Children's Code, the General Assembly began, for the first time since 1923, the process of adding to the enumerated crimes exempting a juvenile from the protection of the juvenile justice system. See 1973 Laws 384,, Flakes v. People 153 P.3d 427, 433 (Colo.,2007)
WHY A JUVINILE JUSTICE SYSTEM? Legislative declaration: (1) The general assembly hereby finds that the intent of this article is to protect, restore, and improve the public safety by creating a system of juvenile justice that will appropriately sanction juveniles who violate the law and, in certain cases, will also provide the opportunity to bring together affected victims, the community, and juvenile offenders for restorative purposes. The general assembly further finds that, while holding paramount the public safety, the juvenile justice system shall take into consideration the best interests of the juvenile, the victim, and the community in providing appropriate treatment to reduce the rate of recidivism in the juvenile justice system and to assist the juvenile in becoming a productive member of society. (2) The general assembly hereby finds that the public has the right to safe and secure homes and communities and that when a delinquent act occurs such safety and security is compromised; and the result is harm to the victim, the community, and the juvenile offender. The general assembly finds that the juvenile justice system should seek to repair such harm and that victims and communities should be provided with the opportunity to elect to participate actively in a restorative process that would hold the juvenile offender accountable for his or her offense.
WHAT IS A JUVINILE PROCEEDING One of the fundamental differences between the juvenile system of justice and an adult criminal prosecution is the overriding goal of the Children's Code to provide guidance and rehabilitation of an adjudicated delinquent child in a manner consistent with the best interest of the child and the protection of society rather than fixing criminal responsibility, guilt, and punishment. People v. J.J.H., 17 P.3d 159 Colo.,2001 A delinquency adjudication, however, is a special statutory proceeding that is noncriminal in nature. C.B. v. People 122 P.3d 1065, 1066 (Colo.App.,2005)
WHAT IS A JUVINILE [for our purpose]? the juvenile court shall have exclusive original jurisdiction in proceedings: (a) Concerning any juvenile ten years of age or older who has violated: (I) Any federal or state law, except nonfelony state traffic, game and fish, and parks and recreation laws or rules, the offenses specified in section , C.R.S., concerning tobacco products, the offense specified in section , C.R.S., concerning the illegal possession or consumption of ethyl alcohol by an underage person, and the offenses specified in section (1) and (3), C.R.S., concerning marijuana and marijuana concentrate; (II) Any county or municipal ordinance except traffic ordinances, the penalty for which may be a jail sentence of more than ten days; or (III) Any lawful order of the court made under this title C.R.S.A. § C.R.S defines juvenile as under 18 years
What are the Rules of our proceedings ? - why do we look like a criminal proceeding? The Colorado rules of juvenile procedure shall apply in all proceedings conducted under this article. CO ST § But, it looks like a criminal case because Procedure Rule 1 provides: Proceedings in delinquency shall be conducted in accordance with the Colorado Rules of Criminal Procedure, except as otherwise provided by statute or by these rules. The distinction between a juvenile delinquency case and an adult criminal case is the sentencing or dispositional alternatives available to the juvenile court. See Adjudication for more information passing note: The big deviation(that always makes for conversation…. Enacted as a modification to the juvenile justice system provisions of the Children's Code, the direct filing statute provides the prosecution with discretion to charge a juvenile as an adult in district court, if certain enumerated criteria are satisfied. The direct filing statute exposes juveniles to adult criminal prosecution based on the juvenile's age and the severity of the delinquent act, which must be a felony if committed by an adult. Bostelman v. People 162 P.3d 686, 691 (Colo.,2007)
2 GENERAL METHODS TO START A CASE 1. Arrest: When a juvenile is taken into custody law enforcement presents an arrest report for processing. Generally prior to formal charges. 2. Summons to Appear with filed complaint/charges.
Who Decides a Case should be Filed? The officer arrests and/or District Attorney makes this decision to prosecute. Case Objectives in Juvenile Delinquency safety for the community Set the child up for success Address any underlying issue Deter future criminal behavior Find a resolution that serves the interests of the child and the community
Resources to Avoid Filing a Case RESTORATIVE JUSTICE? DIVERSIONS? INFORMAL ADJUSTMENT / DEFERRED ADJUDICATION AGREEMENTS [a new form] Victim-Offender Mediation Referral Forms SCHOOL AND COMMUNITY REFERRALS Who decides what to offer—and how? What is GAL’s role in this decision?
The Screeing Process for Serving SB94 Youth Arrest Screening Detention vs. Release CJRA (Colorado Juvenile Risk Assessment) Contact DSS if juvenile involvement exists. Detention Hearing – within 48 hours – usually Mon, Wed & Fri (New Charges) Pretrial Supervision – Must be ordered by judge. (this is not probation)
SB94 Defined SB94 covers the 12 th Judicial District – 6 counties. Our fiscal agent is the Judicial Department, which is housed in Probation. SB94 is a separate entity from Probation. SB94 supervises pre-adjudicated juveniles who have not admitted to a crime or been found guilty of a crime. SB94 serves juveniles ages SB94 does not handle municipal charges. Detention beds are capped statewide at 422 beds. The 12 th District is capped at 4 beds.
DOES AN ARREST MEAN DETENTION?
Detention Who can be placed in Detention? New Charges Warrants Probation Violations
Detention Who cannot be placed in Detention? Truants Runaways Juveniles charged with status offense Juveniles only waiting for placement. Juveniles who are out of control. D & N holds (unless ordered by a Judge) Intoxicated Juveniles
CRIMES Type of crimes for detention purposes Status Offense-these are minor offenses that involve actions that are illegal due to the minor’s age, such as driving without a license, or possessing/consuming alcohol. We cannot hold status offenders in detention. Delinquency crimes – these are offenses which are crimes no matter the age of the offender, such as robbery, theft, destruction of property, arson, and more.
Detention Services School Suicide watch Mental Health (Med evals, MH evals) Medical, Dental – Can be transported, no staff on site.
Juvenile Placement As per CRS DSS can be ordered to take custody. DSS involvement may be requested by SB94 or directly ordered by the Judge.
Guardian ad litem C.R.S. § Definitions (59) “Guardian ad litem” means a person appointed by a court to act in the best interests of a person whom the person appointed is representing in proceedings under this title and who, if appointed to represent a person in a dependency and neglect proceeding under article 3 of this title, shall be an attorney-at-law licensed to practice in Colorado. GAL represents the children’s best interest, not necessarily what the child wants. GAL is not the child’s “guardian” and does not take the place of child’s parents. GAL conducts initial investigation: Advocates for child’s best interest at every stage of the case. C.R.S. § Appointment of guardian ad litem § (2)(a)(I) The court may appoint a guardian ad litem for the juvenile where: (1) no parent, guardian, legal custodian, custodian, relative, stepparent, or spousal equivalent appears at the first or subsequent hearing in the case; § (2)(a)(II). The court finds a conflict of interest between the juvenile and such persons; or § (2)(a)(III The court finds that the best interests of the juvenile will be served by the appointment of a guardian ad litem.
The Parents C.R.S.A. § (1)(a): The parent, guardian, or legal custodian of any juvenile subject to proceedings under this article is required to attend all proceedings that may be brought under this article concerning the juvenile. The court may impose contempt sanctions for failure C.R.S.A. § (1)(b): the court may specify its expectations for the juvenile's parent, guardian, or legal custodian, so long as the parent, guardian, or legal custodian is a party to the delinquency proceedings.
The Parents and sentencing Maximum parent involvement in the sentencing orders; Participation by the parent in parental responsibility training; Cooperation by the parent in treatment plans for the juvenile; Performance of public service by the parent; Cost of care reimbursement by the parent; make restitution not to exceed twenty-five thousand dollars C.R.S.A. §
Attorneys for Child Private counsel Court Appointed Counsel Public Defender If the court finds upon defendant's affidavit or sworn testimony that the defendant is financially unable to obtain counsel, the court shall appoint the state public defender. (§ C.R.S.) The state public defender shall represent as counsel each person who is under arrest for or charged with committing a felony or Class 1 misdemeanor or any person charged with Class 2 and Class 3 misdemeanors in which the prosecution is seeking incarceration. (§ C.R.S.) Alternate Defense Counsel the state public defender has a conflict of interest in providing legal representation and in cases where the court determines the defendant is partially indigent, alternate defense counsel shall be appointed. (§ C.R.S.)
THE PROCESS AFTER CHARGES juvenile charged with a criminal offense has the same constitutional rights as an adult charged with a criminal offense. Should the juvenile wish to proceed to a jury trial the juvenile may request a jury trial by six jurors pursuant to § C.R.S. The juvenile is not entitled to a trial by jury when the petition alleges a delinquent act which is a misdemeanor, a petty offense, a violation of a municipal or county ordinance, or a violation of a court order. Speedy trial for a jury trial runs for six months pursuant to § C.R.S. § Speed trial for non-jury case is within sixty days following the entry of a plea of not guilty. C.R.S. § The burden of proof is beyond a reasonable doubt, just as in an adult criminal trial.
PLEA BARGAINS Plea Negotiation Considerations The charged offense child’s delinquency history Underlying issues contributing to delinquent behavior The child’s likelihood of success Victims’ thoughts and feelings
PROBATON Pre-Sentence Investigation: Prior to the sentencing hearing, the juvenile probation department shall conduct a presentence investigation unless waived by the court on its own determination or on recommendation of the prosecution or the juvenile. The presentence investigation shall take into consideration and build on the intake assessment performed by the screening team. The presentence investigation may address but is not limited to the following: Details of the Offense; Statements made by the victims of the offense; The amount of restitution, if any, that should be imposed on the juvenile or the juvenile’s parent, guardian, legal custodian. The juvenile’s criminal record, if any. Any history of substance abuse by the juvenile; The juveniles’ education history, including any special education history and any current individualized education program the juvenile may have pursuant to section , C.R.S; The juvenile’s employment history; The juvenile’s family; The juvenile’s peer relationships: See C.R.S.
Sentencing generally PROBATION Substance Abuse Treatment/Abstinence Monitoring Mental Health Assessment/Treatment Parenting Classes/In-home Parenting Training Family Therapy Requirements for appropriate care of child/education/medical/housing/food. DSS Involvement DYC [up to 2 yrs] Jail [if 18 yrs at time of sentence]
Sentencing specifically Sentencing Schedule-options : (a) Commitment to the department of human services, as provided in section ; (b) Confinement in the county jail or in community corrections, as provided in section (c) Detention, as provided in section ; (d) Placement of legal custody of the juvenile with a relative or other suitable person, as provided in section (e) Probation, as provided in section ; (f) Commitment to the community accountability program, as provided in section ; (g) Placement of legal custody of the juvenile in the county department of social services or a child placement agency, as provided in section ; (h) Placement of the juvenile in a hospital or other suitable facility for receipt of special care, as provided in section ; (i) Imposition of fine, as provided in section ’ (j) Ordering the juvenile to pay restitution in section ; (k) Ordering the juvenile to complete an anger management treatment program or any other appropriate treatment program, as provided in section (l) Participation in an evaluation to determine whether the juvenile would be suitable for restorative justice practices that would be a part of the juvenile’s sentence: except that the court may not order participation in restorative justice practices if the juvenile was adjudicated a delinquent for unlawful sexual behavior as defined in section (9).
Probation Review Hearings Court must hold regular review hearings to monitor probation progress. PROBATION COMPLAINTS
The Victim’s Rights Act Murder, Manslaughter, Criminally Negligent Homicide Vehicular Homicide 1st, 2nd, & 3rd Degree Assault Vehicular Assault Menacing Kidnapping Sexual Assault Crimes Robbery Incest Child Abuse Crimes Against At-risk Adults and At-risk Juveniles Domestic Violence Stalking Bias-Motivated Crime Careless Driving Resulting in Injury / Death Crimes Against Witnesses Inchoate Crimes Involving Named Offenses Indecent Exposure Violation of Protection Order Relating to Named Crimes What case types does it apply to?
The Victim’s Rights Act Critical Stages for VRA purposes: Filing of Charges (or not) Preliminary Hearing Bond Changes Arraignment Motions Subpoena for Medical Information or Victim’s Comp. Information Any Disposition Trial Sentencing Appellate Review or Decision Sentencing Modification Probation Complaints / Revocation Change of Venue for Probation Supervision Request for Release from Probation Attack on Judgment or Conviction w/ Hearing Set Parole Hearing / Release or Discharge/ Revocation Transfer to a Non-secure Facility When does it apply ? the short answer: all critical stages The practical answer:
Disclaimer THIS OUTLINE IS VERY GENERAL and there are exceptions to some of the principles presented in this outline. You should consult an attorney familiar with this area of the law if you have specific legal questions.