Juvenile Delinquency, Prevention, Control, and Commitment.pdf

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 44.100 JUVENILE DELINQUENCY, PREVENTION, CONTROL, AND COMMITMENT Revised: November 1, 2022 I. PURPOSE: The purpose of this departmental standards directive is to establish guidelines for the uniform and effective handling of a...

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 44.100 JUVENILE DELINQUENCY, PREVENTION, CONTROL, AND COMMITMENT Revised: November 1, 2022 I. PURPOSE: The purpose of this departmental standards directive is to establish guidelines for the uniform and effective handling of all juvenile matters by employees. II. POLICY: It is the policy of the Department to participate in programs designed to prevent and control juvenile delinquency. Law enforcement officers (LEOs) are directed to evaluate all circumstances surrounding the commission of a delinquent act by a juvenile. LEOs are given the discretion to divert juveniles from the juvenile justice system, where appropriate, into community-based alternatives. III. DEFINITIONS: Delinquent Act: Any action taken by a juvenile under the age of eighteen years, who has not been previously transferred to adult criminal court and sentenced as an adult for a violation of law that would be a felony if committed by an adult. Dependent Child: A child who is a ward of the court under the parens patriae doctrine, in which the State, via the court, assumes custody of the child as a result of being abandoned, abused, or neglected by the child’s parents or other custodians. Diversion: A program designed to divert or keep a juvenile from entering the criminal justice system and as an alternative to court; used at, or prior to, adjudication. Juvenile/Youth/Child: Any unmarried person under the age of eighteen alleged to be dependent, in need of services, or from a family in need of services, or any married or unmarried person who is charged with a violation of law occurring prior to the time that person reaches the age of eighteen years. Juvenile Offender: A juvenile who has been charged with or accused of conduct under law to be an offense but has not been found guilty of a criminal act by a judge. Probable Cause: Where the facts and circumstances within the law enforcement officers' knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the belief that an offense has been or is being committed. Protective Custody: The placing of an individual in an area separated from others for his/ her personal safety and/or the safety of others. Effective: October 1, 1988 Revised: November 1, 2022 Juvenile Delinquency Prevention, Control, & Commitment Directive No. 44.100 Page 1 of 11 Reasonable Suspicion: A suspicion that has some factual foundation in the circumstances observed by an individual when those circumstances are interpreted in light of the individual’s knowledge and experience. Status Offense: Conduct that would not be a crime if committed by an adult. IV. PROCEDURES: A. UNDERSTANDING THE JUVENILE PROCESS: 1. To establish consistent juvenile practices, training will be conducted on a periodic basis by the youth crime specialist (YCS). 2. All LEOs shall be familiar with all juvenile procedures. 3. LEOs shall be aware that juveniles are often immature, lack discretion, and commit acts that are violations of law without realizing the consequences involved. 4. B. LEOs shall use discretion when dealing with juveniles. YOUTH PROGRAMS: 1. POLICE EXPLORER PROGRAM: a. The Police Explorer Program is an educational program designed for juveniles between 14 and 20 years of age who are interested in learning about policing. b. For more information on the Police Explorer Program, see Standard Operating Procedure 31.03 Police Explorer Program. 2. TRUANCY INTERDICTION: a. Because truancy is often the first sign of juvenile delinquency, the Department encourages an aggressive truancy policy of zero tolerance. b. LEOs shall take truant children back to school to be turned over to school administration. 3. FAMILY CRISIS INTERVENTION: a. Because parents often call police departments for assistance when a juvenile is in crisis, the YCS is an excellent resource for employees and citizens. b. The YCS assists families in crisis to access appropriate social service agencies. Families and juveniles are referred to local community resources to obtain the assistance needed. Most services are free or accept sliding scale payments. Effective: October 1, 1988 Revised: November 1, 2022 Juvenile Delinquency Prevention, Control, & Commitment Directive No. 44.100 Page 2 of 11 4. JUVENILE FIRST OFFENDER (JFO) PROGRAM: a. If the juvenile has met the criteria for immediate release to a parent, guardian, legal custodian, or responsible adult, the LEO may elect to make the referral to the Department’s YCS for placement in the Department’s JFO Program. b. The JFO Program diverts juveniles from the juvenile justice system into a sanction-based model. c. The JFO Program focuses on first time offenders who commit misdemeanors. d. While participating in this program, juveniles are not permitted to visit or tour adult jails or detention facilities. C. LISTING OF SOCIAL SERVICES AGENCIES: 1. The Department's YCS will maintain a current listing of local services available to LEOs and provide training as needed. D. DIVERSION DECISIONS AND GUIDELINES: 1. Factors that the YCS must consider if a juvenile is eligible for the JFO Program include the following: a. Peer pressure. b. The nature of the offense. c. The age of the offender. d. The offender's prior arrest record. e. The availability of community-based rehabilitation programs. f. Whether or not the juvenile is cooperative and admits to the offense. g. Whether or not the juvenile has an attitude conducive to rehabilitation. h. The degree to which the attitude of the parents or legal guardian is positive and supportive. i. The wishes of the victim and/or complainant in the case. 2. Participation in the JFO Program is voluntary and shall exclude those juveniles charged with a felony or who have previously participated in the JFO Program. 3. Juveniles charged with a crime who do not meet the criteria for the JFO Program will be referred to the Palm Beach County Office of the State Attorney. Effective: October 1, 1988 Revised: November 1, 2022 Juvenile Delinquency Prevention, Control, & Commitment Directive No. 44.100 Page 3 of 11 4. An LEO investigating a non-serious offense committed by a juvenile may elect to release the juvenile, without charges, after evaluating all circumstances involved in the offense, thus making the referral for in house purposes only. E. JUVENILE “SEXTING" VIOLATIONS: 1. FSS 847.0141 provides that a juvenile commits the offense of sexting if he /she knowingly: a. Uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another juvenile any photograph or video of any person which depicts nudity, as defined in FSS 847.001(9), and is harmful to juveniles, as defined in FSS 847.001(6). b. Possesses a photograph or video of any person that was transmitted or distributed by another juvenile which depicts nudity, as defined in FSS 847.001(9), and is harmful to juveniles, as defined in FSS 847.001(6). 2. A juvenile does not violate this paragraph FSS 847.0141(1) if all of the following apply: a. The juvenile did not solicit the photos or the video. b. The juvenile took reasonable steps to report the photograph or video to his/her legal guardian or to a school official, or to law enforcement. c. The juvenile did not transmit or distribute the photograph or video to a third party. 3. The first violation of this statute by a juvenile is a noncriminal offense. The juvenile must sign and accept a citation indicating a promise to appear before the juvenile court. In lieu of appearing in court, the juvenile may complete 8 hours of community service work, pay a civil penalty, or participate in a cyber-safety program if such a program is locally available. The juvenile must satisfy any penalty within 30 days after receipt of the citation. 4. LEOs shall utilize the Juvenile First Offense Sexting Citation when citing juveniles for first-offense sexting violations. F. REASONS FOR TAKING A JUVENILE INTO CUSTODY: 1. A delinquent act or violation of law such as a misdemeanor, local ordinance, or contempt of court. 16.02 2. A status offense (runaway, truant). 16.02 3. Protective custody, in which the LEO believes that the juvenile has been abandoned, abused, neglected, or is in immediate danger of his/her surroundings and his/her removal is necessary to protect the juvenile. 16.02 Effective: October 1, 1988 Revised: November 1, 2022 Juvenile Delinquency Prevention, Control, & Commitment Directive No. 44.100 Page 4 of 11 4. Probable cause to believe that the juvenile is in violation of his/her juvenile probation conditions. 5. If an LEO determines that the juvenile meets the criteria for an involuntary examination (Baker Act). G. JUVENILE DUI & TRAFFIC ARREST PROCEDURE: 18.01 1. When arresting a juvenile for DUI or any misdemeanor traffic violation, an LEO will immediately do the following: 16.01 a. Notify the juvenile taken into custody of his/her constitutional rights. b. Make a notification in accordance with Section L, Notification of Parent, Guardian, Legal Custodian, or Responsible Adult. c. Complete all necessary paperwork and reports, etc. d. Fingerprint the juvenile if he/she is not sent to the JAC. e. Release the juvenile on a Uniform Traffic Citation and/or Notice to Appear in accordance with Section P. Release Criteria. 16.01 2. No juvenile arrested for a traffic misdemeanor or DUI will be held in custody for more than six (6) hours. 3. At no time will a juvenile prisoner be placed in the same cell or police vehicle with an adult prisoner. 4. If a juvenile is arrested for a felony DUI involving serious bodily injury or death, the juvenile shall be delivered to the County Jail on completion of all DUI forms. 5. When a juvenile is found to have a breath alcohol level above .02 and is not under arrest for DUI the following procedure is in effect: a. The vehicle shall be handled following Departmental Standards Directive 61.200 Traffic Direction, Control, and Ancillary Services. b. The juvenile shall be given the appropriate paperwork and released from custody in accordance with Section P, Release Criteria. c. The LEO shall fill out a Juvenile Referral Form for in-house purposes only along with the DHMSV administrative forms and the results of the portable breath test. H. CITY ORDINANCE VIOLATIONS: 16.01 1. When an LEO observes a juvenile commit a City ordinance violation, the following procedures shall be utilized: Effective: October 1, 1988 Revised: November 1, 2022 Juvenile Delinquency Prevention, Control, & Commitment Directive No. 44.100 Page 5 of 11 a. The LEO shall complete the same documents that are required for adults. b. The juvenile shall be provided a court appearance date, same as an adult. c. The juvenile shall be released from custody in accordance with Section P, Release Criteria. The arrest paperwork (e.g., rough arrest, probable cause affidavit, and report) shall be placed in the juvenile bin in Road Patrol for the YCS. I. JUVENILE REFERRALS: 1. Juvenile offenders shall be dealt with in the least coercive manner using reasonable alternatives, consistent with preserving public safety, order, and individual liberty. 2. A juvenile referral shall be completed when an LEO has detained a juvenile for a delinquent act or a status offense. All juvenile names shall be placed in the offense report, with the names designated as being those of juveniles and with a charge description and statute number. 16.01 3. The juvenile referral shall serve as the rough arrest in all juvenile detentions for delinquent acts, misdemeanors, and City ordinance violations. If the juvenile is declared dependent, the LEO’s incident report must give detailed information as to the cause of the juvenile's dependency. J. PROBABLE CAUSE TO DETAIN: 1. Taking a juvenile into police custody must be supported by detailed written probable cause that the juvenile has committed, is committing, or is about to commit a delinquent act, misdemeanor, or City ordinance violation. 2. If the juvenile is in police custody for a status offense, the LEOs must articulate probable cause why he/she believes that the juvenile is a status offender. 3. A juvenile status offender, e.g., runaways and truants, shall not be placed or held in the booking area but rather in an unsecured area, e.g., lobby, meeting room, etc. 4. If the juvenile is declared dependent, the Incident Report must give detailed information as to the cause of the juvenile's dependency. K. CONTACTS AT SCHOOL: 1. Removing a juvenile from school classes for interviews should be kept to a minimum. 15.06 2. Discretion should be used in light of the seriousness of the case under investigation, as to the role the juvenile plays in the investigation, and the importance of any information the juvenile might possess. Effective: October 1, 1988 Revised: November 1, 2022 Juvenile Delinquency Prevention, Control, & Commitment Directive No. 44.100 Page 6 of 11 3. Arrangements should be made through the Office of Student Services or a Palm Beach County School District Police Department officer. LEOs should request the school official’s assistance in scheduling a convenient time and place to conduct the interview. 15.06 4. LEOs must remember that the school is responsible for the juvenile and therefore, has a legitimate need to know that the LEO is conducting an investigation. 5. If the juvenile is removed from the care and custody of the school, the LEO must make sure that the appropriate school official is aware of the juvenile's removal, where the juvenile will be taken, and the name of the LEO taking custody of the juvenile. 15.06 6. The LEO shall attempt to provide notification in accordance to Section L, Notification of Parent, Guardian, Legal Custodian, or Responsible Adult, and advise that the juvenile is no longer at school, but in police custody. Notification should be made from the school facility in the presence of a school official or on arrival at the police station. 15.06 L. NOTIFICATION OF PARENT, GUARDIAN, LEGAL CUSTODIAN OR RESPONSIBLE ADULT: 16.03 1. If the LEO taking the juvenile into custody determines that the juvenile should be detained or released to an intake facility, he/she shall make a reasonable effort to immediately notify a parent, guardian, or legal custodian of the juvenile, or if the juvenile’s parent, guardian, or legal custodian is unavailable, to a responsible adult. The LEO shall, deliver the juvenile to the appropriate intake officer at the Juvenile Assessment Center (JAC) without unreasonable delay. 2. If the juvenile is not to be sent to the JAC, he/she shall be released from custody in accordance with Section P, Release Criteria, and the LEO shall make a notification in accordance to this section. 3. The purpose of immediate notification and release from custody or transport to the JAC is to keep the juvenile in police custody for the least amount of time. 4. Nothing in this section prohibits a legally conducted investigative interview during a reasonable timeframe. 15.06, 16.04 M. A JUVENILE’S RIGHTS TO LEGAL COUNSEL: 15.06, 16.03 1. A juvenile shall be entitled to representation by legal counsel at all stages of any proceedings in accordance with FSS 985.033. A juvenile's legal right to due process and constitutional protection under Miranda is substantially the same as an adult defendant. 2. LEOs shall consider a juvenile’s request for a parent or guardian as equivalent to requesting legal counsel. 16.04 3. In the event a juvenile is being questioned and an attorney who has been retained on behalf of the juvenile arrives at the police facility and asks to speak with his/her client, Effective: October 1, 1988 Revised: November 1, 2022 Juvenile Delinquency Prevention, Control, & Commitment Directive No. 44.100 Page 7 of 11 the juvenile will immediately be notified of the attorney’s presence and purpose. This notification requirement applies whether the juvenile is at the police facility voluntarily or is being detained. 4. Before any custodial interview the LEO shall give a juvenile his/her constitutional warnings in accordance with the Miranda decision. 5. Parents, guardians, or attorneys reserve the right to invoke or waive the juvenile’s constitutional rights. N. CUSTODIAL INTERVIEWS: 1. While conducting an interview of a juvenile, dependent on the offense, LEOs shall attempt to limit the duration of the interview to the least amount of time needed to complete the interview. 15.06, 16.04 2. The LEO should limit the number of LEOs engaging in the interview to whoever is necessary to complete the interview. 15.06, 16.04 3. LEOs interviewing a juvenile suspected of a status offense shall ensure that the juvenile is not interviewed in a secured detention or confinement area. O. INTAKE REFERRAL CRITERIA: 16.01 1. Juveniles shall be transported to the Juvenile Assessment Center under the following conditions: a. All delinquent acts involving weapons. b. All serious gang-related delinquent acts. c. All delinquent acts involving domestic assault and/or battery. d. All delinquent acts involving an aggravated assault and battery. e. All delinquent acts committed by juveniles under probation or parole or by those with cases pending. 2. Juveniles may be transported to the Juvenile Assessment Center under the following conditions: a. A lawful Take into Custody Order currently exists. i. A call shall be made to the JAC to ascertain if the order is current before an LEO attempts to place the juvenile in custody. b. To hold the juvenile if he/she is wanted by another jurisdiction. c. If a juvenile has been arrested for a crime. Effective: October 1, 1988 Revised: November 1, 2022 Juvenile Delinquency Prevention, Control, & Commitment Directive No. 44.100 Page 8 of 11 3. The following criteria should be used to govern when referral of juveniles to the Juvenile Assessment Center is necessary: a. All delinquent acts repeated within a twelve-month period, if the juvenile’s history is known. b. In cases where it has been determined that parental supervision is not effective, contact the Florida Department of Children and Families. 4. Consideration will be taken as to the victim’s request to prosecute or not to prosecute the case, as well as the victim’s restitution. 5. The LEO may refer all other cases to the Department's YCS for review. a. Misdemeanor shoplifting cases where the victim business indicates that they want prosecution will be referred to the Department’s JFO Program. b. Arresting LEOs will make a recommendation on the Juvenile Sentencing Guideline Form as to whether they think that a case should be referred to the Department YCS. c. Since the Department YCS may have information unavailable to the LEO, the YCS shall make the final decision, as to whether to refer the juvenile to intake or pursue other alternatives. P. RELEASE CRITERIA: 1. In cases of first-time juvenile offenders depending on the crime committed, the LEO should make every attempt to release the juvenile in accordance with this Section. 16.01 2. When in doubt of how to reach a proper disposition on a juvenile, the LEO shall contact a supervisor. 3. If the juvenile is detained and transported to the JAC, the JAC intake officer must sign the notarized referral for the juvenile’s custody. A completed referral and a copy of the offense report must accompany the juvenile to the JAC. 4. The transporting LEO shall return the signed Law Enforcement Agency copy of the referral attached to the offense report along with photographs to the Department for processing. 5. Pursuant to FSS 985.115(2)(a) when a juvenile offender is not taken to the JAC, the juvenile shall be released to a parent, guardian, or legal custodian, or if the juvenile’s parent, guardian, or legal custodian is unavailable, unwilling, or unable to provide supervision for the juvenile, to any responsible adult. a. Prior to releasing the juvenile to a responsible adult, other than the parent, guardian, or legal custodian, the releasing LEO shall conduct a criminal Effective: October 1, 1988 Revised: November 1, 2022 Juvenile Delinquency Prevention, Control, & Commitment Directive No. 44.100 Page 9 of 11 history background check of the person to whom the juvenile is to be released. If the person has a prior felony conviction, or a conviction for juvenile abuse, drug trafficking, or prostitution, that person is deemed not a responsible adult for the release of the juvenile. 16.01 b. The person to whom the juvenile is released shall sign the rough arrest, ensuring the juvenile appears in court when the court directs. This person must also agree to make a good faith effort to provide for the juvenile’s safety and needs and monitor the juvenile’s activities. 16.01 Q. PROCEDURES FOR TRANSPORTING A JUVENILE: 1. When transporting a juvenile who is in police custody he/she shall be handled and transported in accordance with Departmental Standards Directive 71.100 Detainee Transportation. R. FINGERPRINTS AND PHOTOGRAPHS: 1. If the juvenile is involved in a criminal traffic offense, fingerprinting and photographing of the juvenile shall be permissible. 16.03 2. LEOs taking fingerprints and photographs of juveniles shall ensure that the records are marked Juvenile Confidential. 16.03 3. In dealing with the collection, dissemination, and retention of hair, blood, urine, nails, breath, stomach contents, and handwriting samples of juveniles, employees shall be guided by FSS 316.1932, 316.1933 and 933.07. 4. The Department will retain juvenile records in a separate file apart from adult records. 5. The latent fingerprint examiner will maintain fingerprints of juveniles in cases filed with the State Attorney’s Office and the YCS will maintain fingerprints of juveniles who have entered juvenile diversion programs. 16.03 6. Juvenile records shall not be available for public disclosure, but shall be available to other law enforcement agencies, state attorneys, the juvenile, the parents, or legal guardians of the juvenile, their attorneys, or any other person authorized by the court, on a need-to-know basis. 16.03 7. Records pertaining to a juvenile charged with committing a delinquent act shall be preserved until the juvenile reaches 22 years of age, until 5 years after the last entry was made or until 3 years after the death of the juvenile, whichever date is reached first, and may then destroy them. 8. On a court ordered expungement and/or sealing of records, the Department shall seal the records pursuant to FSS 943.0585 and 943.059. Effective: October 1, 1988 Revised: November 1, 2022 Juvenile Delinquency Prevention, Control, & Commitment Directive No. 44.100 Page 10 of 11 9. The Department may release for publication the name and address of a juvenile, who has been taken into custody for a felony offense or who has been previously found guilty of three or more misdemeanor offenses. 10. Records Section employees shall be accountable for all records of juvenile cases filed with the State Attorney’s Office and the YCS shall be accountable for juvenile records where the juvenile has entered the JFO Program. 11. Records Section Responsibilities: 26.08 a. Collection, dissemination, and retention of reports concerning juveniles, excluding juvenile referrals. 12. 13. b. Expungements. c. Disposition of records when juveniles reach adult age. d. Provisions for access to records when appropriate. Assigned YCS Responsibilities: 26.08 a. Maintain juvenile referrals and juvenile files. b. Update and disseminate cases delinquent program information. c. Process juvenile referrals and update files. Latent Fingerprint Examiner’s Responsibilities: 16.03, 26.08 a. Lab. Maintain juvenile fingerprint card and photograph file within the Crime b. Forward fingerprint cards for juveniles who commit a felony or misdemeanor (excluding those who successfully complete the JFO Program) to FDLE. Approved: Michele Miuccio Chief of Police Effective: October 1, 1988 Revised: November 1, 2022 Date: Juvenile Delinquency Prevention, Control, & Commitment Directive No. 44.100 Page 11 of 11