Juvenile Justice Process. Overview of Nevada

Transcription

1 Juvenile Justice Process Overview of Nevada 1

2 Introduction C-2 Components of the Justice System; specifically Juvenile Justice Court process of delinquency cases Sentencing Options available to the Court Trends and Best Practices 2

3 Juvenile Court Jurisdiction C-3 Must be 8 years old to Charge NRS Winnerford 112 Nev Jurisdiction until 21 if the delinquent act was committed prior to 18 th birthday (some exceptions ) 3

4 Semantics C-4 Adult System Criminal Act Probable Cause Review Arraignment Complaint Guilty/Not Guilty Trial Sentence/Conviction Term of Imprisonment Juvenile System Delinquent Act Detention Hearing Plea Hearing Petition Admit/Deny Contested Hearing Adjudicate/Disposition Commitment 4

5 Crime C-5 An act or omission forbidden by law Categorized into 3 categories Felony Punishable by death or by imprisonment in the state prison Gross Misdemeanor Punishable by 6 mo. 1 yr. in a county jail Misdemeanor Punishable by by imprisonment in a county jail for not more than 6 months 5

6 Status Offense C-6 Acts that are violations of the law only for a juvenile 5 major status offense categories: Running away Truancy Curfew Child in Need of Supervision (CHINS) Liquor law violations (minor in possession of alcohol, underage drinking) 6

7 Technical Violation C-7 A violation of a condition of release, probation or parole May or may not be a criminal or delinquent act Use of drugs Violating the law Status offenses 7

8 Components of Juvenile Justice C-8 Law Enforcement Prosecution Defense Courts Corrections Probation/Parole Confinement Facilities Detention Centers, Youth Camps, State Corrections 8

9 Court Process C-9 Citation/Arrest Detention Decisions/Hearing Plea Hearing Certification Motion Contested Hearing Dispositional Hearing 9

10 Constitutional Guarantees C-10 Formal Notification of Charges In Re: Gault 387 US 1 (1967) & Its Progeny Right to Counsel Bench Trial - right to trial w/proof beyond reasonable doubt Cross Examination/Confrontation Miranda+ Rights 10

11 Juvenile Miranda Plus C-11 You have the right to remain silent. Anything you say can & will be used against you in a Court of law. You have the right to speak to an attorney & have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be provided for you at government expense PLUS Juveniles have the right to have a parent/guardian present, this is the child s right, not the parent s right. 11

12 Citation C-12 Complaints alleging delinquency are initially referred to a Probation Dept. Determination of best interests of the child & the community is made Informal sanctions Petition filing is determined by the D.A. Probation can divert misdemeanors if Subject minor admits (not refer to DA) Gross Misdemeanor & Felony even if citation or arrest must be referred to DA for filing. 12

13 Probation Intake C-13 Misdemeanor offenses only Probation Dept. s are responsible for initial screening and recommendations to D.A. Preliminary inquiry to determine the best interests of the child & the public Discretionary Recommendation Options Should a petition be filed or would the child/public be better be served by placing the child under informal supervision? Ultimate decision on filing a petition up to the D.A. Dismissal, referral, counseling, hold open, informal supervision 13

14 Detention of Juveniles C-14 When Juveniles May Be Detained 62C.030 Probable Cause to believe Likely to commit offense dangerous to self, community, or likely to commit damage to property Juvenile will run away or be taken away and unavailable to the court Court Order (Arrest & Bench Warrants) Fugitive from another jurisdiction 14

15 Detention Hearing C-15 Held before a Hearing Master or Judge within 72 hours of arrest (excl. weekend and holidays) NRS 62C.404 Detainment/Release decisions entirely up to the Court Court may rely on a P.O. s recommendation that is based on the child s risk to themselves, other placement options & the seriousness of the alleged offense Bail is not Constitutionally required D.A. s have up to 8 days to file a petition or the child is released CHINS Detention Hearing within 24 hours NRS 62C

16 Juvenile Detention Facilities C-16 Not all counties in Nevada operate facilities Carson City Clark County Churchill County Douglas County Elko County Humboldt County Mineral County (Non-secure facility) Washoe County 16

17 Plea Hearing C-17 Formal notification of the charges filed by the D.A. In re Gault, 387 U.S. 1 (1967) Right to have counsel, guilty beyond a reasonable doubt, privilege against selfincrimination, cross-examination, assist in their defense Admit/Deny charges (Guilty/Not guilty unacceptable) 17

18 Admission (guilty) C-18 Court Options: Set Dispositional Hearing Impose sanctions without a formal Dispositional Hearing Juveniles & the D.A. have the right to a formal Dispositional Hearing Court may take into account a recommendation of a P.O., & arguments by D.A. & defense, when making a decision on sanctions Arguments for continued detainment will also be heard, if Dispositional Hearing is set 18

19 Contested Hearing Denial C-19 Trial held before a Master or Judge No right to a jury trial McKeiver v. Pennsylvania, 403 U.S. 528 (1971) Same rules of evidence as in Adult Court Formal process with victims/witnesses & right for defendant to testify Sworn testimony Must be found guilty beyond a reasonable doubt 19

20 Motion to Certify C-20 Filed at the discretion to the D.A. Court then Orders the P.O. to conduct a full & complete investigation to assist the Court in determining whether to retain jurisdiction or transfer jurisdiction to the Adult Court. 20

21 Certification Requirements (NRS) C-21 Process to transfer youth from juvenile Court to Adult Court (4 different ways) Different types of Certification Hearings heard by the Juvenile Court Presumptive & discretionary 21

22 Presumptive Certification C-22 NRS 62B.390 Child was 16 years of age or older Charged with sexual assault involving the use, threatened use of force/violence; or Charged with an offense or attempted offense involving the use/threatened use of a firearm Court shall not certify if: Clear & convincing The child is developmentally delayed or mentally incompetent to understand the situation and the proceedings The child has substance abuse, emotion &/or behavioral problems that may be appropriately treated through the Juvenile Court. 22

23 Discretionary Certification (NRS 62B.390) C-23 Child was 14 years of age or older Charged with a felony offense, if committed by an adult In the Matter of Seven Minors 99 NV 427 (1983) Question to be answered by the Juvenile Court: Does public interest, clear & convincingly require transfer to the adult system? Decisional Matrix: Nature & seriousness of the charged offense Persistency & Seriousness of past adjudicated offenses Subjectivity: age, maturity, family, social bonds, etc 23

24 Direct File (NRS 62B.390) C-24 Entirely up to the D.A. s discretion NRS factual requirements: Child was 16+ year old when alleged offense occurred Has been previously adjudicated for a felony, if committed by an adult Currently charged with an offense or attempted offense involving the use or threatened use of a firearm OR Sexual assault or attempted sexual assault involving the use or threatened use of force or violence against the victim 24

25 Direct File (cont d) C-25 OR Felony resulting in death or substantial bodily harm & any other related offense arising if: Committed on school property, activity &/or bus Person intended to create risk of death or harm to more than one person using a weapon/device or course of action that would be hazardous to live of on or more person 25

26 Certification Determination C-26 Three pronged hearing before a District Court Judge, not a Hearing Master Competent? Prosecutive Merit? Probable Cause Is Certification warranted for the safety and welfare of the public? The Court shall enter a written order listing the specific facts found by the court & the reasons for the court's decision to retain jurisdiction or certify and bind over the child for trial 26

27 Homicide Murder C-27 When committed by a juvenile it is not viewed as delinquent act & the Juvenile Court has no jurisdiction for Murder and Attempted Murder D.A. charging decision determines the system (juvenile or adult) that the child will face the allegation 27

28 Dispositional Hearing C-28 Written report completed by a Probation Department Documenting charges, offense report, social history, psychological functioning, etc Probation may recommend the sanctions to the Court Arguments by D.A. & Defense Statement by minor & family (optional) Victim impact statement (optional) 28

29 Disposition Options C-29 Juvenile Court has an array of sentencing options: No structured guidelines or determinate sentencing Informal Supervision Hold Open Consent Decree Services Diversion Program Probation County Youth Camp Spring Mountain Youth Camp, Aurora Pines, China Spring Division of Child and Family Services Caliente Youth Center, Nevada Youth Training Center Therapeutic Placement (NRS 62E.520) 29

30 Trends & Best Practices C-30 Juvenile Detention Alternatives Initiative (JDAI) Detention reform Deep-end reform Continued statewide collaboration 30

31 Balanced Approach/JDAI Community Protection C-31 Competency Development Accountability Juvenile Detention Alternatives Initiative (JDAI) Alternatives to Detention while Ensuring Public Safety

32 Since 2004, the Department of Juvenile Services has been actively involved in the Juvenile Detention Alternative Initiative (JDAI) through funding from the Annie E. Casey Foundation. JDAI OBJECTIVES: C-32 Eliminate the inappropriate or unnecessary use of secure detention. Minimize re-arrest and failure-to-appear rates pending adjudication. Ensure appropriate conditions of confinement in secure facilities. Re-direct public finances to sustain successful reforms. Reduce racial and ethnic disparities.

33 Practice Changes Reduction in Average Daily Population is a result of developing and implementing the following: C-33 Risk Assessment Instrument (RAI) Conditional Release Evening Reporting Program Supervised Release Program

34 Next Phase in JDAI Deep End Expand JDAI s Focus to reduce commitments and out-of home placements: C-34 What would happen if the collaborative, data-driven habits of JDAI sites (both local and state) were expanded to focus on the dispositional end of the system, on safely reducing youth incarceration and other forms of out-ofhome placement?

35 How JDAI s Expanded Focus Relates to Juvenile Services: Challenges: Our challenge is not eliminating the unnecessary use of out-of-home placements, it is reducing the need for out-of-home placements. C-35 Out of Home Placements: State Correctional Care Nevada Youth Training Center (Elko, NV) Caliente Youth Center (Caliente, NV) County Camps China Spring Youth Camp (Gardnerville, NV) Aurora Pines Youth Camp (Gardnerville, NV) Mental Health Placements Residential Treatment Centers Community Based Treatment Homes

36 Mental Health Challenge: Implement a continuum of care that includes early access to mental health services. Youth with serious mental health conditions are the rule as opposed to the exception here in Washoe County. A high percentage of youth entering detention screen positive for behavioral health concerns. C-36 Nevada law requires that every child who is detained must be screened for a possible mental health or substance abuse condition. We use the Massachusetts Youth Screening Instrument (MAYSI). In 2011, 60% of the youth who completed the MAYSI scored at the caution or warning level on at least one of the system scales. 15% of these youth scored at the caution or warning level on the suicidal ideation scale. On average, at least 50% of the detained population are either awaiting placement in a behavioral health facility or have been previously placed in such a facility. Juvenile Services has become the placement agency for youth with serious emotional disturbance.

37 Nevada Moving Forward C-37 Commission on Statewide Juvenile Justice Reform Letter from Justice Saita and Justice Hardesty outlining juvenile justice reform Phased in approach to regionalization to state correctional system Continued investment in early intervention programming 37

38 Juvenile Court The illegitimate issue of an illicit relationship between the legal profession and the social work profession, and now no one wants to claim the little bastard. C-38 You who sit in American juvenile courts and their outgrowths are called to do a great work. You are called to carry on an outstanding forward step in the development of human powers to their highest unfolding in the maintaining, furthering and transmitting of civilization. Dean Roscoe Pound Dean of Harvard Law School ( ) & known as the Dean of American Jurisprudence 38