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Origin of Offense/Referral Process
Law enforcement agency charges youth with
law violation. Depending on the seriousness of the offense
and the law enforcement officer's view of what is needed to
appropriately address the offense, the next step may be:
- Deliver youth to a
Juvenile Assessment Center (JAC)
for intake screening to further assess youth's risk to
the community and determine if some type of detention is
necessary.
- Call an "on call screener" to assess youth's risk
and determine if detention is necessary (this is done in
localities where a JAC is not available).
- Release youth to a parent or guardian and forward
the charges to the local clerk of court and DJJ
Probation office.
- Release the youth to parent or guardian with a
direct referral to a "diversion program".
Intake Process
An "Intake" Juvenile Probation Officer
receives a copy of the charge from law enforcement or the
clerk of the court. The Juvenile Probation Officer (JPO)
will contact the youth and family and conduct an interview
to gather information about the youth and family.
This information will assist the JPO in
making an assessment and developing a plan to address the
offense. The nature of the offense, the risk the youth
presents to the community, damages incurred to the victim by
youth's actions, and other needs the youth may have are all
considered.
The JPO then makes a recommendation to the
State Attorney's Office presenting the assessment of
information gathered and a plan to address the delinquent
offense. This plan will be individually tailored to ensure
adequate protection of the community, accountability of the
youth to the victim and a rehabilitative plan to address the
youth's needs and prevent recurrence of delinquent behavior.
Non-Judicial Intervention
The recommendation presented by the Juvenile
Probation Officer to the state attorney may recommend a
"non-judicial" diversion program. If this recommendation is
approved by the state attorney, the youth and guardian may
be required to sign a "waiver of speedy trial" agreement.
With this agreement the youth and family agree to waive
their right to a speedy trial with the understanding that
the youth will complete all the requirements of the
diversion program.
If the youth successfully completes the
program, no further action (no judicial action) will be
pursued by the state attorney. However, if the youth fails
to complete the program, the state attorney will file a
petition with the juvenile division of the circuit court,
formally charging the youth with the delinquent offense.
Recommendation for Court Intervention
The recommendation presented by the Juvenile
Probation Officer to the state attorney may recommend that
the state attorney file a petition in the juvenile division
of the circuit court, formally charging the youth with the
delinquent offense.
Recommendation for Court Disposition
If a petition is filed in court, the
Juvenile Probation Officer will present a recommendation to
the court that considers risk, accountability and individual
needs. This recommendation may range from a court ordered
diversion or plan to probation to residential commitment.
Court Fees/Cost of Care
If there is a disposition that results in a
diversion or any other court ordered sanction or program,
the youth and family may be responsible for costs. These
costs may include court fees and if the youth is or was in
the custody of the Department for detention or commitment, a
per day charge for the youth's cost of care while in DJJ
custody.
Supervision after Residential Commitment
Upon completion of a residential commitment
program a youth will probably be expected to cooperate with
Conditional Release Supervision or some type of "aftercare"
supervision.
This is similar to Probation except that the
youth may still be technically committed to the Department
and could be administratively returned to a residential
commitment facility for violation of the supervision without
further order of the court.
DNA Testing
Being found guilty of certain felony
offenses may result in a court order that the youth
cooperate with DNA testing. The results are kept on file
with the FDLE.
Juveniles Referred to Adult Court
With certain felony offenses, there is the
possibility that the jurisdiction of the youth's charge may
be sent to the adult criminal division of the court by
Direct File, Waiver or Indictment. In these circumstances it
is possible that the youth would be tried as an adult for
the offense and receive adult sentencing.
When this occurs, the Department of
Corrections also becomes involved in the youth's case,
giving recommendations to the adult division of the court.
In some circumstances, a juvenile may be found guilty in
adult court, but be "sentenced back" to the Department of
Juvenile Justice for implementation of juvenile sanctions or
programs.
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