17.4 Juvenile Procedures

Centreville Police Department Title: Juvenile Procedures Directive #: 17.4 Issued: 10.1.2016 Revised: 10.1.2016 Approved by: Charles M. Rhodes, Jr.

Chief of Police A. Purpose To describe how juveniles are processed when they are arrested.

B. Policy The CPD works with other criminal justice agencies to resolve cases involving juveniles at the lowest level possible.

C. Definitions

DELINQUENT OFFENDER:

• a juvenile offender who has been charged with an offense for which an adult can also be charged, but who

is subject to the jurisdiction of the juvenile court.

DETENTION:

• formally held pending release to the Department of Juvenile Services, Department of Social Services,

parent, relative or other person; may be secure or non-secure.

INCARCERATION:

• placement in a correctional institution, detention center or juvenile training school as authorized by the

Department of Juvenile Services.

JUVENILE:

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• any person under the age of 18 (whether under juvenile or criminal court jurisdiction) or a person

between the ages of 18 to 21 who is still under juvenile court jurisdiction.

NON-OFFENDERS:

• a child in need of assistance (CINA); a juvenile who is not charged with any offense, but who needs help

for some reason (e.g. abuse, neglect).

NON-SECURE DETENTION:

• detention in an unlocked multipurpose area not normally used as a secure area and the juvenile is not

physically secured to a stationary object.

PARENT:

• in this directive, the term includes guardian.

SECURE DETENTION:

• detention in a locked cell or room, or handcuffed to stationary object.

STATUS OFFENDER:

• a child in need of supervision (CINS); a juvenile who has been accused or adjudicated for an offense for

which adults cannot be charged (e.g., runaway, truancy, underage drinking).

STUDENT:

• an individual enrolled in public school system in the State who is five years of age or older and under 22

years of age.

D. Procedures

1. Juvenile Procedures in General

a. Officers will enforce all laws as they pertain to juvenile offenders as necessary.

Page 2 of 6 b. Taking into account the available resources and the role of the CPD, the CPD is also committed to:

(1) developing and supporting programs that are designed to prevent and control juvenile

delinquency;

(2) participating in school liaison programs and other similar community programs which will allow

students and parents to become acquainted with officers; and

(3) organizing and sponsoring youth recreational programs.

2. Juvenile Jurisdiction

a. As a general rule, juveniles are subject to the jurisdiction of the circuit court sitting as a juvenile court.

b. Unless an order removing the proceeding to the court has been filed, the juvenile court normally does not have jurisdiction when a suspect:

(1) 14 years old or older is alleged to have done an act which, if committed by an adult, would be a

crime punishable life imprisonment, as well as all other charges against the suspect arising out of the same incident;

(2) 16 years old or older alleged to have done an act in violation of any provision of the Transportation

Article or other traffic law or ordinance except an act that prescribes a penalty of incarceration;

(3) 16 years old or older alleged to have done an act in violation of any provision of law, rule, or

regulation governing the use or operation of a boat, except an act that prescribes a penalty of incarceration;

(4) 16 years or older alleged to have committed any of the crimes listed in MD. CODE ANN., CTS. &

JUD. PROC. § 3-8A-03, as well as all other charges against the child arising out of the same incident;

(5) is a child who previously has been convicted as an adult of a felony and is subsequently alleged to

have committed an act that would be a felony if committed by an adult; and

(6) is a party in a peace order proceeding in which the victim is a person eligible for relief.

b. If the child is charged with two or more violations of the Transportation Article, another traffic law or ordinance, or the State Boat Act, allegedly arising out of the same incident and which would result in the child being brought before both the juvenile court and a court exercising criminal jurisdiction, the juvenile court has exclusive jurisdiction over all of the charges.

3. Detention of Juveniles

a. A juvenile may be arrested for any act which would be a crime if committed by an adult.

Page 3 of 6 b. Officers must determine if a juvenile is non-offenders, status offenders or a delinquent offender and ensure that non-offenders are referred to the appropriate agency for services.

c. All other policies and procedures (e.g., use of force, search and seizure) that are applicable to adults also apply to juveniles unless specifically stated otherwise in this directive.

d. Whenever a juvenile is taken into custody, the officer must notify juvenile’s parents of the circumstances of the arrest as soon as possible.

e. Complaints by parents or requests for juvenile delinquency action against their own children, where no police action has occurred, will be referred to the Department of Juvenile Justice Intake Division (DJJID).

f. Juveniles classified as status offenders or non-offenders will not be securely detained.

g. Juveniles classified as delinquent offenders may be securely detained for up to six hours for the purposes of identification, processing or transfer to another facility.

h. The six hour time limit begins is when the juvenile is placed in a cell or another secure location and ends at the time of release to a parent or juvenile authorities.

i. Officers who have taken a delinquent offender into custody and who believe that it will be necessary to securely detain the juvenile beyond the six hour limit must contact the DJJID which will make the decision to further detain or release the juvenile.

j. If a juvenile is detained during the same time an adult offender is being detained, the juvenile must be segregated by sight and sound and have no more than incidental contact with any adult prisoner.

k. With the exception of the initial transport from the point of arrest, a juvenile may not be transported with adults who have been charged with or convicted of a crime unless the juvenile court has waived its jurisdiction and the juvenile is being charged as an adult.

4. Interrogation of Juveniles

a. Procedures for interrogations, including juveniles, may be found in Directive #17.8.

b. Only a juvenile can waive his rights; the parents of a juvenile suspect cannot waive or invoke the rights of the juvenile.

c. No person, including the parents, should be permitted to influence or force the juvenile to waive his rights.

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5. Release of Detained Juveniles

a. Authority to release juveniles arrested for minor offenses to parents or guardians rests with the patrol supervisor.

b. The State’s Attorney’s Office and/or the DJJID must be consulted regarding the release of juveniles detained on serious offenses.

c. When the parent or guardian cannot be located or is located but refuses to pick up the juvenile, DJJID will be contacted.

d. If the parent or guardian refuses to respond solely because of inconvenience, they should be advised that they may be charged under MD. CODE ANN. FAM. LAW §10-219 with child abandonment.

e. If the parent or guardian is home and willing but unable to respond, every reasonable effort will be made to transport the juvenile to the home where the required paperwork will be signed and the juvenile will be released.

6. Incarceration

a. Authority to incarcerate a juvenile must be obtained from DJJID.

b. In instances where the juvenile is in need of supervision or assistance, DJJID may make arrangements for a temporary shelter home or transport to another facility.

7. Records and Reporting Procedures

a. Before a case is forwarded to Juvenile Services, the:

(1) supervisor will review and approve the report it;

(2) report will contain the notation “Forward to Juvenile Services”;

(3) the Lieutenant will forward the report to Juvenile Services and ensure that the report is received

by Juvenile Services within 5 days of the incident and prior to the hearing.

b. Filing Juvenile Records

(1) Juvenile arrest records must be filed securely and separately from adult arrest records unless the

juvenile court has waived it jurisdiction and the child is charged as an adult.

(2) All other reports that relate to a juvenile that contains information that could bring a child within

the jurisdiction of the juvenile court will be filed in a red file folder.

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(3) Records of juvenile apprehensions will be retained in accordance with the CPD records retention

policy unless an order for expungement is received from the court.

(4) The contents of a juvenile file may not be divulged by subpoena or otherwise, except by order of

the court.

8. Release of Arrest Information

a. Every reference to a juvenile detainee will be purged from a copy of any Detention Log subject to public inspection.

9. Notification to the School Superintendent

a. If a student enrolled in a local school system is arrested for a reportable offenses (e.g., murder, kidnapping, robbery), the county or city school superintendent where the student is enrolled must be notified of the arrest and the charges within 24 hours or as soon as practicable.

b. The list of reportable offenses is found in MD. CODE ANN., EDUC. § 7-303.

c. The arresting officer will complete the ‘Notification to the County/City School Superintendent’ form, for any student arrested for a reportable offense and give a copy of the form to the patrol supervisor by the end of the shift during which the arrest occurred.

d. The patrol supervisor will forward the form to the Lieutenant who will notify the school superintendent.

e. A copy of notification form will be attached to the investigative report after the notification is made.

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