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Administration
The branch of government vested with day-to-day
responsibility for the delivery of a delinquency
service is characterized as the administering
entity in the State Profiles. The essence
of administering authority is management, not
funding. Future versions of the profiles will
clarify funding streams for delinquency services.
For each state, we classify the administration
of delinquency services as either an executive or a
judicial function;
the legislative branch does not administer delinquency
services in any state.
Aftercare
The status of a juvenile conditionally released
from a treatment or confinement facility and placed
under supervision in the community.
Aftercare Supervision
A delinquency service that entails the supervision,
guidance, or regulation by an aftercare officer
of a juvenile released from a state institution
or private residential facility. A profile may
contain information regarding aftercare supervision
of juveniles from both types of placement. However,
the organization and administration classification
of state aftercare services applies only to those
entities that handle supervision of juveniles
released from state custody.
Centralized States
These states are characterized by a state executive
agency having across-the-board state control
of delinquency services, including state-run
juvenile probation services, institutional commitments,
aftercare, and sometimes detention.
Certification
State
certification is designed to increase professionalism
in the field. In general, it involves setting
and enforcing professional standards, similar
to the process of certifying teachers. Often a
test is administered to beginning probation officers.
Certification is usually for an initial time period,
such as a year. Thereafter, renewal generally
requires additional training.
Combination States
The organization of basic delinquency services
in these states features a mix of state-controlled
and locally operated delinquency services. For
instance, they may have largely state-run systems--but
with significant local control in the more populous,
urban areas. Another possible scenario is that,
although the state operates most delinquency services
for youth, responsibility is divided between the
executive and judicial branches.
Commitment
A commitment is a juvenile court disposition ordering
an adjudicated delinquent be held, for a definite
or indefinite period of time, by the state's delinquency
agency, typically in a training school or other
secure institution. This section of the profile
describes decision-making in connection with a
juvenile's placement and length of stay.
Contacts
This section of the State Profiles contains
contact information for state and local juvenile
justice practitioners, membership associations,
advocacy organizations, legislative committees,
commissions, agencies, and departments.
Court(s) with Delinquency
Jurisdiction
The court(s) having original jurisdiction over
delinquency matters.
Crime
Victim Compensation Program
Every
state has a crime victim compensation program
that provides financial assistance to victims
to cover expenses related to victimization.
Expenses may include uninsured medical and dental
costs, mental health counseling, and lost income.
Fees and fines that offenders pay and tax dollars
help fund these programs. For more information,
please visit the federal Office for Victims
of Crime's National
Association of Crime Victim Compensation Board
web site.
Criminal
Blended Sentencing
Criminal
blended sentencing schemes allow criminal courts,
in sentencing transferred
juveniles, to impose sanctions that would ordinarily
be available only to juvenile courts.
In states allowing blended sentencing at the
criminal court level, details regarding qualifications
and procedures are also provided.
Decentralized States
The organization of basic delinquency services
in these states is characterized, at a minimum,
by local control of ordinary probation services.
Often, local authorities run detention centers
as well. Some also share responsibility for the
provision of aftercare services with state agencies.
Delinquency Jurisdiction
State statutes define the upper
age limit for the jurisdiction of the juvenile
court in delinquency matters. Several states also
define the lower
age for juvenile court jurisdiction in delinquency
matters. Many states also define an age beyond
the upper age over which the juvenile court may
retain jurisdiction for dispositional purposes,
often referred to as the "extended age" of juvenile
court jurisdiction.
Delinquency Services
Each state profile contains information about
delinquency services. At a minimum, states mandate
that several basic services be provided to juveniles
who have been arrested for a delinquent offense
and referred to court by law enforcement officials.
These services include: Detention, Probation (Intake, Investigation,
Supervision), State Delinquency Institution,
and Aftercare.
For each service, the profile describes the
nature of the service in a particular state, pinpointing
the governmental entity(ies) responsible for the
day-to-day provision or administration of the
service. The service classification section characterizes
each delinquency service in terms of its administration
and its organization.
Detention
The temporary custody of juveniles who are accused
of a delinquent offense and require a restricted
or secure environment for their own or the community's
protection while awaiting a final court disposition.
States may also use detention facilities as a
sanction for probation violations or as a disposition
option.
Determinate
Under
this disposition model, the court sets a period
of time in advance.
Direct File
A provision that allows prosecutors, in certain
kinds of cases, to choose between filing a petition
in juvenile court and proceeding against the juvenile
in criminal court.
Direct
Placement
This
occurs when a judge places a juvenile directly
in a public or private residential facility
without committing the juvenile to the state.
Discretionary Waiver
A provision that gives juvenile court judges discretion
to waive jurisdiction over individual cases involving
minors and allow them to be prosecuted in adult
criminal courts.
Diversion
The
practice of officially stopping or suspending
a case prior to court adjudication and referring
the juvenile to a community education, treatment,
or work program in lieu of adjudication or incarceration.
Successful completion of a diversion program results
in the dismissal or withdrawal of formal charges.
Offenders who fail to comply with the diversion
terms and conditions are subject to formal prosecution.
Executive Branch
The branch of government that carries out and
enforces the law. In the service classification,
"executive" at the local level refers to the
county, parish, or municipal government and
could include the county executive, commissioner,
council, board, or mayor. At the state level,
"executive" refers to the governor's office
or an office, department, or agency within the
governor's cabinet. We have attempted to further
classify an executive branch agency's primary
focus as being one of four types: The types
are: Juvenile Corrections, Adult Corrections,
Welfare/Social Services, and Children and Youth (protective services and
juvenile corrections). The FAQs present summary
information using these designations.
Extended
Age of Delinquency Jurisdiction
Oldest
age over which the juvenile court may retain
jurisdiction for disposition purposes in delinquency
matters.
Highlights
The Highlights section discusses interesting programs,
recent initiatives, or juvenile justice legislation
in the state.
Indeterminate
Under
this disposition model, juveniles are always committed
for an indefinite period of time, regardless of
the offenses for which juveniles are adjudicated.
This period of time could potentially last until
they reach the age of majority (or, in some states,
the upper age to which the juvenile court's jurisdiction
has been extended for dispositional purposes).
Length of stay in these states is left solely
to the releasing authority's judgment.
Intake
"Intake" is a term that is defined variously from
state to state. In general, it refers to a decision-making
process for determining how a case will be handled.
The intake process typically involves screening
the police complaint for legal sufficiency and
making an initial determination regarding how
it should be handled: formally or informally.
If a case is handled formally, a petition, complaint,
or other legal instrument will be filed with the
juvenile court and a hearing will be scheduled.
If the case is handled informally, the probation
department may supervise the juvenile for a period
of time or the case may be diverted to some alternative
tribunal, such as a teen court or community panel.
Prosecutors and/or intake officers make intake
decisions and draft petitions.
Investigation
"Investigation" is another term without common
meaning from state to state. It refers generally
to the process of preparing/developing a case
for adjudication and disposition hearings. Typically,
law enforcement officers (either police or prosecutors)
prepare the case for an adjudication hearing by
handling the evidence, interviewing witnesses/victims,
and preparing motions. If the judge finds the
juvenile delinquent at the adjudicatory hearing,
the probation department makes its own investigations,
preparing a social history or pre-disposition
report with recommendations for the judge to consider
in making a disposition.
Judicial
In the classification, "judicial"
at the local level refers to the juvenile or family
court judge. At the state level, it refers to
the administrative office of the state court system.
Juvenile
Blended Sentencing
Juvenile
blended sentencing schemes empower juvenile
courts to impose adult criminal sanctions on
certain categories of serious juvenile offenders.
In states that allow their juvenile courts to
impose blended sentences, detailed descriptions
of procedures, standards, burdens of proof,
and threshold offense and minimum age requirements
are provided.
Juvenile Corrections
Continuum
Every state vests an agency in the executive
branch of state government with the responsibility
for administering a range of institutions, including
secure, for delinquents. The secure institutions
are frequently referred to as training schools.
If the judge believes that a secure placement
is required, the judge typically commits the
delinquent offender, for a determinate or indeterminate
period of time, to the care and custody of the
state agency that runs the state delinquency
institution.
Local
In the classification,
"local" refers to the level of government that
has the authority for the delivery of services
and is distinguished from "state." Local government
can be municipal, county, or parish.
Lower Age
The minimum age below which the juvenile courts
have no jurisdiction for delinquency matters.
Mandatory Waiver
A provision that requires juvenile courts to waive
cases under certain circumstances. In a mandatory
waiver situation, the juvenile court must receive
the case initially, conduct some sort of preliminary
hearing to ensure that the mandatory waiver statute
applies, and issue an order transferring the case
to criminal court. By contrast, when an offense
has been excluded by law from juvenile court jurisdiction,
the case originates in criminal court, and the
juvenile court ordinarily has no involvement.
Once an Adult/Always
If the state has a special provision that permanently
terminates the juvenile court's jurisdiction over
juveniles who have once been prosecuted as adults,
the provision is described in detail.
Organization
The level of government, either state or local,
at which responsibility for the delivery of a
delinquency service resides is said to be the
level at which the service is "organized." Future
versions of the State Profiles will clarify
the extent to which states are involved in locally
administered services through state subsidies,
standards, regulations, certification, and training.
Presumptive Waiver
A law that designates a category of cases involving
juveniles in which transfer to criminal court
is rebuttably presumed to be appropriate.
Probation
The conditional freedom granted by a judge to
a juvenile offender, as long as the person meets
certain conditions of behavior.
Probation Supervision
Guidance, treatment or regulation by a probation
agency of the behavior of a juvenile delinquent,
resulting from a formal court order.
Purpose Clause
A statutory provision in which a state declares
the overall purpose or vision of its juvenile
justice system.
Release
A release occurs when the juvenile is allowed
to leave the institution and return to the community,
whether supervised or unsupervised, and whether
or not terms are imposed as a condition of release.
Reverse Waiver
Provisions that permit a juvenile who is being
prosecuted as an adult in criminal court to
petition to have the case transferred to juvenile
court for adjudication or disposition are described
under this heading.
Service Classification
In the service classification section of the
State Profiles, NCJJ has attempted to provide
a quick, relatively easy characterization of how
each delinquency service is organized and administered
in a state in terms of the day-to-day responsibility
for the provision of the service. The classification
is an attempt to conceptualize a structure for
discussing and comparing the provision of services
in the states. For every state, the services of
probation supervision, detention, state delinquent
institution, and aftercare supervision are individually
classified according to the structure of their
organization
(local or state) and their administration
(judicial or executive). There are five classification
possibilities: Local/Judicial; Local/Executive;
State/Judicial; State/Executive; and Combination.
In many states, a particular service is administered
by only one entity or one kind of entity. However,
in some states a particular service is administered
by two different entities or kinds of entities,
requiring an either/or classification. A "combination"
classification is used in situations involving
more than two entities or kinds of entities.
Although classifications facilitate cross-state
comparisons, they are not exact or without problems.
Some states and some services fit the conceptual
framework better than others. The matter of who
funds a service confounds a classification scheme
that is based on who is responsible for the day-to-day
administration of services. For example, in many
states, counties fund probation services, but
judges administer the probation department. Such
a scenario would receive a Local/Judicial classification,
not a Local/Executive one. Likewise, local vs.
state organization of probation services is particularly
difficult to ascertain in states with unified
court systems because the level from which the
authority for the service emanates is not clearly
defined. Often the state pays the salaries of
juvenile probation officers and may even set minimum
practice standards, but the local juvenile court
judge "runs" the operation. Such scenarios would
receive a "Local/Judicial" classification rather
than a "State/Judicial" one. And a few states
appear to defy accurate organizational classification.
Therefore, we urge reliance on the Profiles
to better understand the dynamics of our classification
decisions.
State
In the classification,
"state" refers to the level of government that
has the authority for the delivery of services
and is distinguished from "local."
State Laws
The state laws section of the State Profiles
contains the actual language from state codes
governing delinquency matters (e.g., purpose
clauses), a snapshot of a provision (e.g., delinquency
jurisdiction), or an analysis of provisions
(e.g., transfer laws).
Statutory Exclusion
A statutory provision that excludes any category
of cases from juvenile court jurisdiction.
Transfer Provisions
This section of the State Profiles
summarizes transfer laws based on an analysis
of statutory provisions authorizing or requiring
adult criminal prosecution of juveniles for
serious and violent crimes, as amended through
the 2002 legislative session in every state.
All states allow juveniles under certain conditions
to be tried as if they were adults in criminal
court by way of one or more transfer mechanisms.
Upper Age
The age beyond which the juvenile courts of
that state have no original jurisdiction over
individual offenders.
Citation: National Center for Juvenile Justice.
2006. "Glossary." State Juvenile Justice
Profiles. Pittsburgh, PA: NCJJ. Online.
Available: http://www.ncjj.org/stateprofiles/.
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