Juvenile Delinquency

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What is juvenile delinquency?

When a minor (someone younger than 18) commits an offense that would be considered a crime if committed by an adult, the offense is considered an act of juvenile delinquency. Children charged with committing crimes are treated differently than adults. The purpose of the juvenile justice system is not to punish the child but to get the child the appropriate treatment so that the child does not continue the criminal behavior. This purpose is reflected in the language used in juvenile cases. 

If a child is proven to have committed the offense, the child is said to be “adjudicated delinquent” and not convicted. When determining what happens to a child found to have committed a delinquent act, juvenile courts do not impose sentences.  Instead, the juvenile court makes “dispositions” that impose guidance, treatment or rehabilitation on the child. Juvenile offenders are referred to in the law as “respondents” and not criminal defendants.

Learn more about the Juvenile System and Juvenile Courts.

Read the law: Md. Code, Courts and Judicial Proceedings, § 3-8A-01

 

Services and Diversion Programs

Many juvenile delinquency complaints are resolved without court action. Children may be referred to the Maryland Department of Juvenile Services (DJS) for treatment or counseling.  Children who are arrested may be diverted to a program by the police or be informally supervised by DJS.

Read the rule: Md. Rules, Rule 11-420.1

 

Delinquency Proceedings

If it is determined that the complaint cannot be resolved without court action, or if a child has had multiple contacts with law enforcement, an intake officer can refer a case to the state’s attorney’s office. By referring a complaint to the State’s Attorney’s Office, the DJS is authorizing the filing of a delinquency petition with the juvenile court.

The petition alleging delinquency must be filed within 30 days after receiving a referral from an intake officer. The petition should be written in clear and simple language stating the alleged facts which constitute the delinquency, and state the laws allegedly violated by the child. 

Read the rule: Md. Rules, Rule 11-407
Read the law: Md. Code, Courts and Judicial Proceedings, § 3-8A-13

 

Step 1: Arraignment or Detention Hearing

The initial steps in the juvenile delinquency process can vary based on the nature of the offense and whether the child is detained or released to the custody of parents, guardian or custodian.  

Juvenile Delinquency Arraignment 

If a juvenile respondent is not initially detained and has been released to the custody of his or her parents, guardian or custodian, the child will be issued a summons to appear at an Arraignment Hearing. The hearing must be scheduled within 30 days of the filing of the petition. At the Arraignment Hearing, the judge will provide the child, and the child’s parents, guardian or custodian, with a copy of the petition listing the charges against the child. The judge will also determine whether the child is represented by a lawyer.  If the child does not have lawyer, the Office of the Public Defender (OPD) will provide a lawyer for the respondent if the child’s family does not hire its own.  

Juvenile Delinquency Detention

If police officers or the court believe that a child may not appear for court or is a danger to himself or to the public, the child may be placed in detention before a fact-finding hearing is held. The State’s Attorney will file a delinquency petition and a Detention or Shelter Care hearing must be held the next day. 

At the Detention/Shelter Care Hearing, the judge listens to what law enforcement officers are recommending. The judge also considers:

  • How severe the crime was;
  • Your past record;
  • How cooperative you have been;
  • How cooperative your parents or guardian have been;
  • How hard it was to arrest you;
  • Whether you are a danger to yourself or anyone else;
  • How likely you are to return to court when required;
  • How safe it is for you and others for you to return home; and
  • Whether your parents or guardian are willing to take you home.

After review of the case information and recommendations from the DJS office and law enforcement, the Court will grant or deny continued detention or shelter care. Based on the judge’s decision, the respondent could be returned to the custody of their parents, guardian or custodian , detained in a secure facility or placed on community detention. If the Court grants continued detention or shelter care, there must be an Adjudicatory Hearing held within 30 days from the Detention or Shelter Care Hearing.

At the Detention or Shelter Care hearing, the respondent and the respondent’s parents, guardian or custodian are also served with the delinquency petition, advised of the charges, and advised of their right to counsel. If a respondent and/or his/her parents, guardian or custodian do not obtain counsel, the court must appoint counsel to represent the respondent. 

NOTE: If a law enforcement officer takes a child into custody, the office must immediately notify or arrange for the notification of the child's parents, guardian, or custodian. The child may not be placed in an adult jail or other facility for the detention of adults.

Read the Law: Md. Code, Courts and Judicial Proceedings §§ 3-8A-14, 3-8A-15, 3-8A-32

 

Step 2: Adjudication (Fact-Finding)

Within 30 days of filing the delinquency petition, the Court will hold a fact-finding hearing (similar to a trial), called the adjudication. During the adjudicatory hearing the state’s attorney will present witnesses and evidence, and the child (usually through his or her attorney) will also have an opportunity to present witnesses and evidence. The purpose of the hearing is to determine if the respondent committed the offense. If the child admits to the offense, no witnesses are called.  The child has the right to remain silent and that may not be held against them. 

The allegations that the respondent committed a delinquent act must be proven beyond a reasonable doubt. If the Court determines the respondent did not commit the offense, the petition is dismissed and the case ends. If the Court determines the respondent committed the offense, the Court will schedule a Disposition Hearing

Read the Law: Md. Code, Courts and Judicial Proceedings § 3-8A-18
Read the rule: Md. Rules, Rule 11-421.

 

Step 3: Disposition

If the evidence and testimony presented during the adjudicatory hearing show that the child committed the offense detailed in the petition, the court will hold a disposition hearing. The disposition hearing may be held on the same day as the adjudication hearing, or it may be held later.  At this hearing the court will decide whether the child needs guidance, treatment or rehabilitation. The respondent and his/her parents/guardians are served with a notice of the hearing. 

Upon a finding of delinquency, the court can:

  • Place the child on probation under the supervision of the Department of Juvenile Services.
  • Commit the child to the DJS for placement in a secured facility or in the community.
  • Order Restitution. 

Read the Law: Md. Code, Courts and Judicial Proceedings § 3-8A-19, § 3-8A-28 and Md. Code, Criminal Procedure Title 11, Subtitle 6, Part 1

 

Step 4: Post-Disposition

Probation

If the court’s disposition order places the child on probation, the court will establish rules that the juvenile must obey. The child’s probation will be supervised by the Department of Juvenile Services.

Read the law: Md. Code, Courts and Judicial Proceedings, § 3-8A-19.6

 

Commitment (Placements Outside Home)

If the court’s disposition order includes commitment to the DJS  for out-of-home placement, the court may recommend the level of care for the child and the type of facility that the court considers appropriate. DJS determines the residential facility and program that will best suit the needs of the child and considers factors including the type of treatment and level of security that is needed. Placement options include:

  1. family foster care for children whose families cannot appropriately care for them;
  2. group homes; 
  3. independent living programs; 
  4. residential treatment centers; and 
  5. treatment facilities providing secure confinement. 

Generally, the court cannot place you outside your home if your most serious offense is one of the following:

However, even if your most serious offense is one of these, the court can place you outside the home, if any of the following circumstances apply:

  • You previously have been found delinquent for 3 or more offenses arising from separate and independent circumstances;
  • You voluntarily waive this provision; or
  • The court makes a written finding, supported by specific facts, that an out-of-home placement is necessary for your welfare or in the interest of public safety.

Read the law:  Md. Code, Courts and Judicial Proceedings § 3-8A-19

 

Restitution 

If the evidence presented in the case proves that the victim’s property was stolen, damaged or destroyed, or the victim incurred costs, including medical or funeral expenses, because of a child’s crime, the court may order the child and his or her parents to be responsible to compensate the victim. If restitution is ordered, a restitution hearing is held. The judge may order payment of restitution in an amount not to exceed $10,000. Payment of restitution may be a part of a child’s probation.

Read the law: Md. Code, Courts and Judicial Proceedings, § 3-8A-28, Md. Code, Criminal Procedure, Subtitle 6

 

Aftercare 

Aftercare is a term used to describe the array of supervision and ancillary services that a child receives after the completion of a residential placement. The aftercare program is administered by the DJS and is similar in concept to “parole” in the adult criminal system. The purpose of aftercare is to ease the transition from the highly supervised environment of the residential program to the less structured home environment. 

Aftercare workers from the department begin contact with the child, the child’s family, the child’s school, and other necessary services and programs prior to the child’s release. After release, aftercare workers may visit the child’s home and school to monitor the child’s progress and compliance with the terms of an aftercare plan.

 

Juvenile Delinquency Peace Orders 

A peace order may deter delinquent behavior before it escalates while providing necessary protections for a victim. An intake officer may file with the court a peace order request that alleges the commission of any of the following acts against a victim by the child. The act must have occurred within 30 days before the filing of the complaint:

  1. an act that causes serious bodily harm; 
  2. an act that places the victim in fear of imminent serious bodily harm; 
  3. assault; 
  4. rape or sexual offense or attempted rape or sexual offense; 
  5. false imprisonment; 
  6. harassment;
  7. stalking; 
  8. trespass; 
  9. malicious destruction of property; 
  10. misuse of telephone facilities and equipment; 
  11. misuse of electronic communication or interactive computer service; 
  12. revenge porn; or 
  13. visual surveillance. 

If the court finds by clear and convincing evidence that the child has committed such an act, or is likely to commit in the future, the court may issue a peace order, to protect the victim. The peace order may order the child to 

  • refrain from committing or threatening to commit a prohibited act; 
  • refrain from contacting, attempting to contact, or harassing the victim;
  • stay away from the victim’s home, place of employment, or school; or 
  • participate in professionally supervised counseling. 

A peace order is effective for up to six months. Violation of a peace order is a delinquent act, and may result in the child being taken into custody by law enforcement.

Read the law: Md. Code, Courts and Judicial Proceedings, § 3-8A-19.1- § 3-8A-19.5

 

Right to a Lawyer

At each stage of the case, the child and their parents have the right to an attorney. If you are arrested, ask for an attorney and for your parents or guardian. In Maryland, a child alleged to be delinquent has the right to an attorney (excluding peace order proceedings). You do not have to say anything to a police officer without an attorney or your parents present. Children are entitled to be represented by a lawyer at all delinquency hearings.  The Office of the Public Defender will provide a lawyer for the child if his or her family does not hire its own lawyer.

Youth are entitled to be represented by a lawyer at all delinquency hearings.  The Office of the Public Defender will provide a lawyer for the youth if his or her family does not hire its own lawyer.

Read the rule: Md. Rules, Rule 11-404
Read the Law: Md. Code, Courts and Judicial Proceedings. § 3-8A-20

 

Juvenile Competency

At any time after a petition alleging that a child has committed a delinquent act is filed with the juvenile court, the court, on its own motion, or on motion of the child’s counsel or the State’s Attorney, must stay all proceedings and order the Maryland Department of Health or any other qualified expert to conduct an evaluation of the child’s competency to proceed. 

If there is probable cause to believe that the child charged with committing a delinquent act may be incompetent to proceed with the required hearings, the court must stay all proceedings and order the Maryland Department of Health or any other qualified expert to conduct an evaluation of the child’s competency to proceed. “Incompetent to proceed” means that a child is not able to understand the nature or object of the proceeding or assist in their own defense. 

If the court determines that the child is incompetent to proceed, the court may dismiss the delinquency petition and order any necessary evaluations. 

 

Potential Treatment as an Adult 

You will most likely go to juvenile court, unless you commit a very serious crime. If you are 15 years old or older OR you are charged with committing a crime that, if committed by an adult, would be punishable by life imprisonment, then the Juvenile Court may have a hearing to decide whether your case stays with the Juvenile Court or goes to the regular Circuit Court.

The Juvenile Court will consider:

  • your age;
  • your mental and physical condition;
  • whether you will agree to treatment and how you may respond to treatment in an institution, facility, or program;
  • the nature of the offense/crime and your participation in it; and
  • public safety.

Read the Law: Md. Code, Courts and Judicial Proceedings § 3-8A-06

If your case falls into any of the following categories, it may be handled in adult criminal court:

  • You have been previously convicted as an adult of a felony and the new alleged offense would be a felony if committed by an adult;
  • Certain peace order proceedings;
  • If you are 14 years or older at the time of the offense, and you are charged with committing a crime, if committed by an adult, would be punishable by life imprisonment.
  • If you are 16 years or older at the time of the offense, and you are charged with any of the following offenses:

Read the Law: Md. Code, Courts and Judicial Proceedings § 3-8A-03

You could also end up in adult criminal court by a process known as "waiver." The juvenile court may waive its jurisdiction with respect to a petition alleging delinquency if the petition concerns a child who is at least age 15 or a child who is charged with committing an act which, if committed by an adult, would be punishable by life imprisonment. The court may waive its jurisdiction only after it has conducted a waiver hearing held prior to the adjudicatory hearing and after notice has been given to all parties. The court may not waive its jurisdiction over a case unless it determines, from a preponderance of the evidence presented at the hearing, that the child is an unfit subject for juvenile rehabilitative measures.

Waiver Up: If you have reached the age of 15, the juvenile court may send the case to adult criminal court where adult penalties apply.

Read the Law: Md. Code, Courts and Judicial Proceedings § 3-8A-06

Waiver Down: If you are automatically charged as an adult, you have the right to ask the adult court to send the case to juvenile court. Even if you are tried as an adult, you may still ask the court to send you to juvenile court for rehabilitative care instead of imposing an adult sentence. If you are 16 or 17 years old and charged with murder, you are not eligible for waiver down.

Read the law: Md. Code, Criminal Procedure § 4-202

 

Criminal Record

Your arrest, charge, and conviction are permanent parts of your criminal record. However, only very specific people will be able to see it and under limited circumstances. Consider whether you can have it removed through expungement.

 

Sexual Crimes & Registry

If you were found delinquent because of committing certain sexual offenses, you are required to register with the State if:

  1. you were at least 13 years old at the time the delinquent act was committed;
  2. the State’s Attorney or the Department of Juvenile Services requests that you be required to register;
  3. 90 days prior to the time the juvenile court’s jurisdiction over you terminates under § 3–8A–07 of the Courts Article, the court, after a hearing, determines under a clear and convincing evidence standard that you are at significant risk of committing a sexually violent offense or an offense for which registration as a tier II sex offender or tier III sex offender is required; and
  4. you are at least 18 years old.

Read the Law: Md. Code, Criminal Procedure § 11-704(c)

 

Juvenile Sex Offender Registry

The Department of Public Safety and Correctional Services maintains a registry of juvenile sex offenders separately from the adult sex offender registry.

You may be placed on the juvenile sex offender registry if:

  • you have been adjudicated delinquent for an act that, if committed by an adult would be first or second degree rape or a sexual offense in the first, second or third degree; and
  • you were at least 14 years old at the time of the delinquent act.

The registry is available only to law enforcement personnel for law enforcement purposes. When the juvenile court’s jurisdiction over you, they must remove you from the registry.

Read the Law: Md. Code, Criminal Procedure § 11-704.1

 

Source
Web Services Librarian.
Source URL: https://peoples-law.com/juvenile-delinquency

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