Most young law violators enter the juvenile justice system through law enforcement agencies

Local processing of juvenile offenders varies

From state to state, case processing of juvenile law violators varies. Even within states, case processing may vary from community to community, reflecting local practice and tradition. Any description of juvenile justice processing in the U.S. must therefore be general, outlining a common series of decision points.

Law enforcement agencies divert many juvenile offenders out of the justice system

At arrest, a decision is made either to send the matter further into the justice system or to divert the case out of the system, often into alternative programs. Generally, law enforcement agencies make this decision after talking to the victim, juvenile, and parents and after reviewing the juvenile’s prior contacts with the juvenile justice system. Nearly one-quarter of all juveniles arrested in 1998 were handled within the police department and then released; nearly 7 in 10 arrested juveniles were referred to juvenile court.

Federal regulations discourage holding juveniles in adult jails and lockups. In some instances, law enforcement must detain a juvenile in secure custody in an adult facility for a brief period in order to contact a parent or guardian or to arrange transportation to a juvenile detention facility. Federal regulations require that, in these cases, the juvenile be securely detained for no longer than 6 hours and in an area out of sight or sound of adult inmates.

Most delinquency cases are referred by law enforcement agencies

Of all delinquency cases referred to juvenile court in 1998, 84% were referred by law enforcement agencies. The remaining referrals were made by parents, victims, schools, probation officers, and others.

Intake departments screen cases referred to juvenile court for formal processing

The court intake function is generally the responsibility of the juvenile probation department and/or the prosecutor’s office. Intake decides whether to dismiss the case, to handle the matter informally, or to request formal intervention by the juvenile court.

To make this decision, an intake officer or prosecutor first reviews the facts of the case to determine whether there is sufficient evidence to prove the allegation. If not, the case is dismissed. If there is sufficient evidence, intake then determines whether formal intervention is necessary.

About half of all cases referred to juvenile court intake are handled informally. Most informally processed cases are dismissed. In the other informally processed cases, the juvenile voluntarily agrees to specific conditions for a specified time period.

These conditions often are outlined in a written agreement, generally called a consent decree. It may include conditions such as victim restitution, school attendance, drug counseling, or a curfew.

In most jurisdictions, a juvenile may be offered an informal disposition only if he or she admits to committing the act. The juvenile’s compliance with the informal agreement often is monitored by a probation officer. Thus, this process is sometimes labeled “informal probation.”

If the juvenile successfully complies with the informal disposition, the case is dismissed. If, however, the juvenile fails to meet the conditions, the case is referred for formal processing and proceeds as it would have if the initial decision had been to refer the case for an adjudicatory hearing.

If the case is to be handled formally in juvenile court, intake files one of two types of petitions: a delinquency petition requesting an adjudicatory hearing (trial) or a petition requesting a waiver hearing to transfer the case to criminal court.

A delinquency petition states the allegations and requests the juvenile court to adjudicate (or judge) the youth a delinquent, making the juvenile a ward of the court. This language differs from that used in the criminal court system, where an offender is convicted and sentenced.

In response to the delinquency petition, an adjudicatory hearing is scheduled. At the adjudicatory hearing, witnesses are called and the facts of the case are presented. In nearly all adjudicatory hearings, the judge determines whether the juvenile was responsible for the offense(s); in some states, however, the juvenile has the right to a jury trial.

During the processing of a case, a juvenile may be held in a secure detention facility

Juvenile courts may hold delinquents in a secure juvenile detention facility if this action is determined to be in the best interest of the community and/or the child. After arrest, law enforcement may bring the youth to the local juvenile detention facility. A juvenile probation officer or detention worker reviews the case to decide whether the youth should be detained pending a hearing before a judge. In all states, a detention hearing must be held within a time period defined by statute, generally within 24 hours.

At the detention hearing, a judge reviews the case and determines whether continued detention is warranted. In 1998, juveniles were detained in 19% of delinquency cases processed by juvenile courts.

Detention may extend beyond the adjudicatory and dispositional hearings. If residential placement is ordered and no placement beds are available, detention may continue until a bed becomes available.

The juvenile court may transfer the case to criminal court

The prosecutor or intake officer files a waiver petition when he or she believes that a case under jurisdiction of the juvenile court would be handled more appropriately in criminal court. When a waiver petition is filed, the juvenile court judge reviews the facts of the case and determines whether there is probable cause to believe that the juvenile committed the act. The judge then decides whether juvenile court jurisdiction over the matter should be waived and the case transferred to criminal court.

The judge’s decision in such cases generally centers on whether the juvenile is amenable to treatment in the juvenile justice system. The prosecutor may argue that the juvenile has been adjudicated several times in the past and that interventions ordered by the juvenile court have not kept the juvenile from committing subsequent criminal acts. The prosecutor may also argue that the crime is so serious that the juvenile court is unlikely to be able to intervene for the time period necessary to rehabilitate the youth.

If the judge decides that the case should be transferred to criminal court, juvenile court jurisdiction is waived and the case is filed in criminal court. In 1998, juvenile courts waived 1% of all formally processed delinquency cases. If the judge does not approve the waiver request, generally an adjudicatory hearing is scheduled in juvenile court.

Prosecutors may file certain cases directly in criminal court

In more than half of the states, the legislature has decided that, in certain cases (generally those involving serious offenses), juveniles should be tried as criminal offenders. The law excludes such cases from juvenile court; prosecutors must file them in criminal court. In a smaller number of states, the legislature has given both the juvenile and adult courts original jurisdiction in certain cases. Prosecutors, thus, have discretion to file such cases in either criminal court or juvenile court.

After adjudication, probation staff prepare a disposition plan

Once the juvenile is adjudicated delinquent in juvenile court, probation staff develop a disposition plan. To prepare this plan, probation staff assess the youth and available support systems and programs.

The court may also order psychological evaluations, diagnostic tests, or a period of confinement in a diagnostic facility.

At the disposition hearing, probation staff present dispositional recommendations to the judge. The prosecutor and the youth may also present dispositional recommendations. After considering the recommendations, the judge orders a disposition in the case.

Most cases placed on probation also receive other dispositions

Most juvenile dispositions are multifaceted and involve some sort of supervised probation. In 1998, formal probation was the most severe disposition ordered in 58% of the cases in which the youth was adjudicated delinquent.

A probation order often includes additional requirements such as drug counseling, weekend confinement in the local detention center, or restitution to the community or victim. The term of probation may be for a specified period or may be open-ended. Review hearings are held to monitor the juvenile’s progress. After conditions of probation have been successfully met, the judge terminates the case.

The judge may order residential placement

In 1998, juvenile courts ordered residential placement in 26% of the cases in which the youth was adjudicated delinquent. Residential commitment may be for a specific or indeterminate time period. The facility may be publicly or privately operated and may have a secure, prisonlike environment or a more open (even homelike) setting. In many states, when the judge commits a juvenile to the state department of juvenile corrections, the department determines where the juvenile will be placed and when the juvenile will be released. In other states, the judge controls the type and length of stay; in these situations, review hearings are held to assess the juvenile’s progress.

Juvenile aftercare is similar to adult parole

On release from an institution, the juvenile is often ordered to a period of aftercare or parole. During this period, the juvenile is under supervision of the court or the juvenile corrections department and must meet certain conditions. If the juvenile does not follow the conditions of aftercare, he or she may be recommitted to the same facility or may be committed to another facility.

Status offense and delinquency case processing differ

A delinquent offense is an act committed by a juvenile for which an adult could be prosecuted in criminal court. There are, however, behaviors that are law violations only for juveniles and/or young adults because of their status. These “status offenses” may include behaviors such as running away from home, truancy, alcohol possession or use, ungovernability, and curfew violations.

In many ways, the processing of status offense cases parallels that of delinquency cases. Not all states, however, consider all of the behaviors noted above to be law violations. Many states view such behaviors as indicators that the child is in need of supervision. These states handle status offense matters more like dependency cases than delinquency cases, responding to the behaviors by providing social services.

Although many status offenders enter the juvenile justice system through law enforcement, in many states the initial official contact is a child welfare agency. In 1998, about half of all status offense cases referred to juvenile court came from law enforcement agencies.