Memo. Executive Office of the Trial Court To Mark Leahy Executive Director Mass.

Transcription

1 Memo To Mark Leahy Executive Director Mass. Chiefs of Police From Catherine M. Coughlin State Bail Administrator Re Juvenile Arrest Procedures Comments: I am forwarding you the recently completed Overnight Arrest Procedures for Juveniles. It is vitally important that all stakeholders are aware of their roles when juveniles are in custody. Unfortunately, as we have found, not everyone has the correct information thus mistakes are made and those mistakes can result in a low risk juvenile being held in detention. I respectfully ask that you distribute the procedures to the various Massachusetts Police Departments and others who deal with juveniles in custody. I will be distributing to the Alternative Lock Up Programs, the Bail Magistrates and Bail Commissioners. John Millett has distributed to all Juvenile Probation Officers. If you or anyone you distribute the procedures to have any questions, I am reachable 24/7 at the telephone numbers below. Thank you! Executive Office of the Trial Court catherine.coughlin@jud.state.ma.us Tel Fax (617) Cell (774)

2 Processing juveniles in custody can be confusing for all the parties involved the juvenile, their family, the police, the juvenile probation officer and the bail magistrate. When a juvenile is arrested for delinquency offenses, MGL. c, 119, 67, Notice of arrest of child to probation officer and parent or guardian; detention, sets forth the procedures to be followed. However, when juveniles are not released to a parent or a guardian from the police station pursuant to MGL c. 119, 67, a bail magistrate or bail commissioner must be contacted to set bail and/or conditions of release. MGL c. 276, 57, Officials authorized to admit to bail; amount of bail; security. Both statutes are relevant and must be complied with. This memo sets forth the procedures that both statutes require. JUVENILES ARRESTED FOR NEW OFFENSES OR STRAIGHT WARRANTS When anyone under the age of 18 is arrested for new delinquent offenses or on a straight warrant (not a default warrant nor a probation warrant), the arresting police department is required by MGL. c, 119, 67 to call the on-call juvenile probation officer (JPO) and the juvenile s parent or guardian or person with whom it is stated that such child resides. The JPO may authorize the police to release the juvenile to the parent, guardian or any other reputable person 1 or, in accordance with MGL c. 276, 57 instruct the police to contact the on call bail magistrate or bail commissioner. When the JPO authorizes the police to release the juvenile, the police department facilitates the release by completing any necessary paperwork and instructing the juvenile and the parent or guardian to whom the juvenile is released the location of the court and the court date. In these instances, the bail magistrate or bail commissioner is not contacted. If, however, the JPO does not authorize the juvenile s release, the JPO will instruct the arresting police department to call the on-call bail magistrate or bail commissioner. The bail magistrate or bail commissioner will, just as with adults under arrest, review the facts surrounding the arrest, the juvenile s record, and the statutory release factors and will make a determination to either release the juvenile on personal recognizance (a promise in writing to appear at the court on the date assigned; a cash bail is not required), or will set a cash bail. The bail magistrate or bail commissioner may also impose conditions of release; for example, ordering the juvenile not to have contact with a victim or to stay out of a certain retail store, etc. It is important to note that in Massachusetts, there are very few offenses for which a juvenile cannot be released on bail. When courts are closed, only a judge, a bail magistrate or a bail commissioner has the statutory authority to admit a juvenile to bail. Therefore, it is important that bail magistrates and bail commissioners be called every time the JPO does not authorize the 1 When the JPO authorizes release, the determination of whether or not a person is reputable is decided by the custodial police department. 1

3 juvenile s release. These calls should be made even when there are outstanding warrants. In many instances the juvenile will be transported to an secure Alternative LockUp Program (A.L.P.), operated by the Department of Youth Services, before bail can be posted at the police department. If the arresting police department is in a different jurisdiction than the A.L.P., it is recommended that the A.L.P. contact the on-call bail magistrate or bail commissioner to inform them of the custody and whatever facts are known. The bail magistrate or bail commissioner can then determine whether or not he needs more information from the arresting police department or whether the juvenile should be released on personal recognizance or on a cash bail or held on a warrant. This call should be made whether or not there has already been a bail determination by the bail magistrate or bail commissioner in the arresting police department s jurisdiction. A list of courts where A.L.P.s are located and the municipalities they serve is attached. JUVENILES ARRESTED ON DEFAULT WARRANTS OR PROBATION WARRANTS A default warrant 2 is a warrant for the arrest of a juvenile who has failed to appear for a court date or has not paid his court fees and fines. There are different types of default warrants. Do Not Bail Warrants The judge issuing the default warrant may specify that it is a Do Not Bail warrant. This is a direction to the bail magistrate or bail commissioner that if a juvenile is picked up on such a warrant, he must be held until court is next open. Default Warrants for Failure to Pay Court Costs or Fines The judge may also order a warrant if the juvenile owes the court money for fees and fines. If the juvenile is arrested on a default warrant that shows how much money he needs to pay the court, the bail magistrate or bail commissioner will require that specific amount be posted as bail. Probation Warrants When a juvenile fails to comply with the terms of his pre-trial release or fails to comply with his conditions of probation, a probation warrant can be issued. Probation warrants are non-bailable. 2 If a person is arrested on a default warrant for a felony or misdemeanor that is punishable by imprisonment for over 100 days, generally only a judge may release them. The best practice is to always call the bail magistrate or bail commissioner to notify them of the arrest on a warrant. 2

4 The police department must always, in accordance with MGL c. 119, 67, call the on-call juvenile probation officer and the juvenile s parent or guardian or person with whom it is stated that such child resides when a juvenile is in custody. The JPO will instruct the police to contact the bail magistrate or bail commissioner to review the type of warrant and whether or not the juvenile can be released with or without cash bail. 3

5 Western Region Home Court Springfield District Court (413) Municipalities: Longmeadow, Springfield, West Springfield Central Region Home Court Worcester District Court (508) Municipalities: Auburn, Millbury, Worcester Northeast Region Home Court Lowell District Court (978) Municipalities: Billerica, Chelmsford, Dracut, Lowell, Tewksbury, Tyngsborough Southeast Region Home Court Brockton District Court (508) Municipalities: Abington, Bridgewater, Brockton, East Bridgewater, West Bridgewater, Whitman Suffolk Region Home Court BMC West Roxbury (617) Municipalities: Hyde Park, Jamaica Plain, Roslindale, West Roxbury