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HomeMy WebLinkAboutJUVENILE OFFENDERS 15.2 TEQUESTA POLICE DEPARTMENT GENERAL ORDER TITLE: JUVENILE OFFENDER PROCEDURES GENERAL ORDER: 15.2A EFFECTIVE: January 1, 2003 REPLACES: G.O. 15.2 PAGES: 6 CONTENTS: This order consists of the following numbered sections: I. EMANCIPATION/ADJUDICATION EXEMPTION II. LAW ENFORCEMENT CONTACTS WITH JUVENILES III. CRIMES/INCIDENTS LEADING TO CUSTODY IV. TAKING JUVENILES INTO CUSTODY V. CUSTODIAL INTERVIEWS OF JUVENILES VI. GLOSSARY PURPOSE: To describe the circumstances under which juveniles will become the subjects of a contact with police, and provide guidelines for officers to follow with regard to juveniles. Florida State Statutes, and the “Florida Juvenile Handbook” issued to the police department by the Florida Department of Juvenile Justice shall be referred to for additional guidance in juvenile matters. SCOPE: This order applies to all Police Department members. POLICY: During juvenile related encounters, officers shall keep in mind that the intention of juvenile law is to divert as many delinquents as practical from the formal aspects of the Criminal Justice System into counseling, warning, mentoring, or other alternative situations. PROCEDURE: I. EMANCIPATION/ADJUDICATION EXEMPTION: A. No person under 18 years of age shall be treated or regarded as an adult by officers unless documentation of “emancipation” to adulthood, or “adjudication” to adulthood is readily available, such as a teletype confirmation or court order. B. Juveniles who are legally emancipated are not subject to “status” offenses, and shall be treated in the same manner as adults in police matters. C. Juveniles who have been officially adjudicated as adults will be treated as adults only in relation to custody, booking and detention procedures. II. LAW ENFORCEMENT CONTACTS WITH JUVENILES: G.O. 15.2A A.Ill or Injured Juveniles: Regardless of the purpose of contact, the summoning of medical attention for an ill or injured juvenile, or the application of first aid, will be done without unnecessary delay. The procedure described as AFFIDAVIT/T.O.T. TO GUARDIAN may be followed to release an ill or injured arrested juvenile to a guardian who is willing to arrange medical attention, if the offense constitutes a misdemeanor, and the release does not appear to create a public danger. B. Delinquent Behavior: Officers are encouraged to warn and disperse juveniles that they find engaged in inappropriate activities, disturbances, or other non-criminal behavior. Whenever practical, officers should advise the appropriate parent/guardian of the incident. C.Traffic Citations/Juvenile: “Criminal” traffic infractions require the officer to book the juvenile offender through TPD Booking and then release the juvenile to an adult. All other traffic citations will be issued to juveniles in the same manner as adults. III. CRIMES/INCIDENTS LEADING TO CUSTODY: A.Endangered Children: Officers taking juveniles into protective custody should follow G.O. 15.4, Dependent Juvenile Procedures. B.Under Age “Status” Offenses: Officers have the following options and responsibility regarding truants, runaways, or when a child is beyond the control of the parent, guardian, or legal custodian: 1. Release to Juvenile Assessment Center (J.A.C.) 2. Release to Truancy Intervention Program (T.I.P.) Center. 3. Release to school. 4. Release to parent, guardian, legal custodian or responsible relative. 5. Release to an approved family in need of services or child in need of services provider. 6. Abandoned, abused, or neglected children will be assisted in the manner described under G.O. 15.1 “Child Abuse Investigations”. C.Truancy – Fl. Stat. 984.13(1)(b): 1. An officer has the authority to take a truant juvenile under the age of 16 into custody in order to transport him or her to the appropriate school or Truancy Intervention Program (T.I.P.) Center. a. An offense/incident report shall be completed detailing any such action. b. Truants shall not be placed in secure detention, or otherwise mixed or associated with juveniles being held for criminal or non-status violations. c. All truants shall be searched for weapons prior to being transported. D.Runaways – Fl. Stat. 984.13(1)(a): 1. After verification that the child is missing, law enforcement officers have the authority to pick-up a runaway. (Teletype is valid verification). However, officers should remember that running away is not a criminal offense. 2. All juveniles should be searched for weapons prior to being transported. 2 G.O. 15.2A 3. Runaways shall not be placed in secure detention, or otherwise mixed or associated with juveniles being held for criminal or non-status offenses. 4. If there is no pick-up order for the child or other extenuating circumstances, the child may be released to parents or adults described in Juvenile/Disposition. 5. If extenuating circumstances such as alleged abuse or neglect make immediate return to the home or parent unadvisable, the Department of Children and Families Services should be contacted for in-take referral and shelter information. 6. If no arrangement for the return of a runaway to an adult can be made, and no official cause for custody can be established, then the runaway should be informed about available social assistance sites and shelters in the area. E.Court Orders/Pick Up Orders/Juvenile: Officers will be guided by the instructions contained in this order, and shall take reasonable measures to insure the safety of the juvenile and professionals involved. “Frisk” searches are appropriate for every Juvenile Court Order situation. 1.Non-Criminal Related Orders : If the order clearly stems only from a concern for the welfare or dependency of the juvenile, handcuffing shall be done only under extreme circumstances, and no Juvenile Referral will be executed. No booking procedures will be done, unless the order specifies otherwise. 2. Criminal Related Orders : If the order stems from a criminal offense, officers will proceed according to JUVENILE CRIMINAL OFFENSES - ARREST/JUVENILE DETENTION, unless the order specifies otherwise. 3.Civil Related Orders : Officers shall check with issuing agency as instructions vary from county to county and state to state. F.Warrants/Capias-Juvenile: Juvenile related warrants and capias will be executed in the same manner as with adults. G. Juvenile Criminal Custodial Procedure : Juveniles taken into custody for misdemeanor and felony violations will be subjected to one of the following procedures by officers and will require the completion of an offense incident report. 1. Juvenile Disposition/Release From Custody : Juveniles who are to be released from custody will be turned over to an adult who is categorized as one of the following: a.Parent or legal guardian. b.Responsible adult with a relationship to the juvenile that provides for substantial control or influence over the juvenile’s behavior. c.An official representative of Law Enforcement, Juvenile Justice, or the educational or social service community. 2.Notice to Appear/Juvenile : In lieu of release to an adult, Notices to Appear may only be issued to juveniles who have legal adult status: a.Legally married. b.Emancipated to adulthood by court order. 3 G.O. 15.2A c.Previously adjudicated as an adult. 3.Warn/Turn Over To Guardian : This may be used when the offense is of a minor, non-violent nature, at a statutory level not above a misdemeanor of the second degree, and: a.No prosecution is desired or likely, and b.Circumstances indicate that the delinquent behavior will be amended by the guardian involved warning, and c.The juvenile is positively identified. 4.Juvenile Referral/Turn Over To Guardian: This may be used under circumstances described in WARN/T.O.T. TO GUARDIAN. Except when prosecution of the offender is desired or likely, officers will complete a Juvenile Referral/Probable Cause Affidavit and forward it to the Juvenile First Offender Unit. Guardians will be told they will receive further instructions either from the Juvenile First Offender Officer, or via mail from the Juvenile Court. 5.Juvenile Referral/Arrest/Booking/Turn Over To Guardian: In instances of misdemeanors, which do not meet the criteria of “Warn and Dismiss”, officers may release the juvenile offender, after booking, to persons described in Juvenile Criminal Custodial Procedure if the officer believes that the release does not create a public danger. 6.Arrest/Juvenile Detention: After considering alternatives, juvenile arrest situations that appear to the officer to warrant juvenile detention shall require the execution of a Juvenile referral/Probable cause Affidavit, booking at TPD booking, and transport to the Juvenile Assessment Center without undue delay, unless the juvenile is need of emergency medical attention. A supervisor must be notified and approve the detention of a juvenile for more than one hour. 7. Reporting/Investigating Crimes Involving Juveniles: Felony crimes involving juvenile suspects will be reported and investigated in the same manner as those that involve adult suspects. Misdemeanor crimes involving juvenile suspects will be reported and investigated in the same manner as those which involve adult suspects, with one exception: misdemeanor situations involving a known juvenile suspect who is “not in custody”. Unlike most “not in custody” misdemeanor situations, civilians cannot submit their own complaints against juveniles to the State Attorney’s Office. A police officer or detective must file the case. IV. TAKING JUVENILES INTO CUSTODY: A.Responsibility of Officers: The officer who initiates custody of a juvenile will be responsible for the completion of all required procedures and duties associated with the custodial situation, although he may arrange for assistance with related tasks. Transfer of this responsibility to another officer is a supervisory decision, to be made in consideration of personnel, overtime, and related issues. B.Juveniles in Secure Detention : Officers will bring a juvenile prisoner into secure detention only for the purpose of fingerprinting and photographing. Juveniles will not otherwise be detained in secure detention. C.Transport: 1. Juveniles who are taken into custody cannot be transported with adults, unless they are co-defendants. 2. Juveniles taken into custody for crimes cannot be transported with juveniles taken into custody for non-criminal matters, such as “Status” offenses or dependency issues. 3. Male adult arrestees shall not be transported with female juveniles even though they may be co-defendants. 4 G.O. 15.2A D.Confinement: 1. Juveniles cannot be confined with adults, and must be kept out of sight and sound of adults who are in police custody. 2. Juveniles who are in police custody for “Status” offenses or other non-criminal matters cannot be confined, and must remain separated from juveniles who are in police custody for criminal matters. E.Fingerprinting of Juveniles: 1. Only juveniles who are charged with misdemeanor or felony violations shall be fingerprinted, and this will occur as part of the TPD booking process. Exception: For investigative, identification or record keeping purposes, officers may fingerprint juveniles after securing parent/guardian consent, and the cooperation of the juvenile. These fingerprints will be marked “Juvenile/Confidential”, and will be kept separate from adult and criminal juvenile files. Fingerprints will be kept in accordance with the Florida Records Retention Schedule. F. Photographing Juveniles: Juveniles may bephotographed by officers under any circumstances that would justify the photographing of an adult. Juvenile arrest photos will be stored in the agency’s automated booking system and identified as Juvenile/Confidential. G. Parent/Guardian Notification: An active effort to notify the parent/guardian of a juvenile who is in police custody must be made, and must continue until notification occurs, or custody is transferred as described in Juvenile Criminal Custodial Procedure. Notification results must be included in the related police report; unsuccessful notification attempts must be detailed in the related police report, including whatever contact information was used in the effort to notify. Prior to transferring custody to Juvenile Intake, officers shall notify a supervisor of what attempts were made to contact the parent or guardian. V. CUSTODIAL INTERVIEWS OF JUVENILES: A.Miranda : Juveniles under investigation have exactly the same rights as adults. However, officers must be able to demonstrate that any rights waived were part of an intelligent and informed decision by the juvenile. It is vital to the integrity of the obtained statement that officers explain Miranda in a manner that is clearly understandable, based on the intellect of the juvenile being questioned. B.Parent/Guardian and Attorneys : Regardless of age, juveniles who are in police custody do not have the right to have their parent/guardian or attorney present merely because they are in custody. Likewise, parents/guardians and attorneys do not have the right to have access to a juvenile merely because the juvenile is in police custody. However, officers shall attempt to notify the juvenile’s parent/guardian about the juvenile’s status, whereabouts and release information. C. If a Miranda warning is issued, and the juvenile expresses or implies that an “intelligent and informed decision” to make a statement can only be made in conjunction with parent/guardian or attorney contact, then the officer must decide whether to arrange the parental/guardian or attorney contact without undue delay, or to accept the juvenile’s position as a refusal to make a statement. Otherwise, the juvenile’s statement will probably be inadmissible. Parent/guardians or attorneys legally cannot decide for the juvenile whether or not to speak to police; juveniles must ultimately arrive at the decision themselves, however counseled. D. All custodial interviews and interrogations of juveniles will be done reasonably and in a manner that safeguards the health, welfare, and psychological well being of the interviewee. Officers will be considerate of the following factors during the interview or interrogation and will guide themselves accordingly: 1 . The juvenile’s age, apparent level of intellect, health and physical condition, and the juvenile’s mental and 5 G.O. 15.2A emotional state. 2 . The time of day. 3 . The need for food, drink, and lavatory. 4 . Any other obvious circumstances likely to cause unreasonable discomfort or stress to the juvenile being questioned. E. No more than two officers will be in a formal interview or interrogation of a juvenile in custody at any time. The presence of other officers is authorized only as necessary for control, security, or to remedy unusual circumstances. F. Interrogations and formal interviews will continue only as long as necessary to obtain adequate information about the matter of concern. No formal interview or interrogation of a juvenile will continue for longer than three hours without the approval of a supervisor. VI. GLOSSARY: JUVENILE - A person who has not reached his or her 18th birthday. TAKING INTO CUSTODY - Taking temporary physical control over a juvenile, who is alleged to have committed a violation of law pending the child's release, detention, placement, or other disposition as authorized by law. INDEXING: JUVENILE OFFENDER PROCEDURES DRAFTED: RLG/November 27, 2002/FILED: JUVPRO15.2A APPROVED: Pete Pitocchelli, Chief DATE: November 05, 2011 Tequesta, Florida 6