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Juvenile Justice ProcessOverview of Nevada

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Introduction

Components of the Justice System; specifically Juvenile Justice

Court process of delinquency cases Sentencing Options available to the Court Trends and Best Practices

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Juvenile Court Jurisdiction

Must be 8 years old to Charge – NRS 194.010

Winnerford 112 Nev 520 1996 Jurisdiction until 21 if the delinquent act

was committed prior to 18th birthday (some exceptions…)

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Semantics

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

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Crime

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

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Status Offense

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)

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Technical Violation

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

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Components of Juvenile Justice

Law Enforcement Prosecution Defense Courts Corrections

– Probation/Parole– Confinement Facilities

Detention Centers, Youth Camps, State Corrections

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Court Process

Citation/Arrest Detention Decisions/Hearing Plea Hearing – Certification Motion Contested Hearing Dispositional Hearing

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Constitutional Guarantees

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

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Juvenile Miranda Plus 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 expensePLUS… Juveniles have the right to have a parent/guardian

present, this is the child’s right, not the parent’s right.

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Citation

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.

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Probation Intake

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

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Detention of Juveniles

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

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Detention Hearing

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.050

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Juvenile Detention FacilitiesNot 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

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Plea Hearing

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 self-incrimination, cross-examination, assist in their defense

Admit/Deny charges (Guilty/Not guilty unacceptable)

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Admission (guilty)

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

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Contested Hearing – Denial

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

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Motion to Certify

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.

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Certification Requirements (NRS)

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

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Presumptive Certification

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.

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Discretionary Certification (NRS 62B.390) 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…

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Direct File (NRS 62B.390)

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

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Direct File (cont’d)

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

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Certification Determination

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

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Homicide – Murder

When committed by a juvenile it is notviewed 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

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Dispositional Hearing

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)

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Disposition Options

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)

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Trends & Best Practices

Juvenile Detention Alternatives Initiative (JDAI)

Detention reform Deep-end reform Continued statewide collaboration

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Balanced Approach/JDAI

Community Protection

AccountabilityCompetency Development

Juvenile Detention Alternatives Initiative (JDAI)

Alternatives to Detention while Ensuring Public Safety

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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:

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.

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Practice Changes

Reduction in Average Daily Population isa result of developing and implementingthe following:

Risk Assessment Instrument (RAI) Conditional Release Evening Reporting Program Supervised Release Program

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Next Phase in JDAI – “Deep End”

Expand JDAI’s Focus to reduce commitments and out-of home placements:

“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-of-home placement?”

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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.

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

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Mental Health

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.

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.

Challenge: Implement a continuum of care that includes early access to mental health services.

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Nevada Moving Forward

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

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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.”

“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 (1916–1936) & known as the Dean of American Jurisprudence

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