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Family Guide to Ada County

Juvenile Justice

Our Mission

To provide professional services that build, reinforce, and sustain skills to enhance the lives of youth & families

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Table of Contents

IMPORTANT CONTACTS & DATES ............................................ 4

THE COURT PROCESS ............................................................... 5

ACJCS CASE PROCESS FLOW CHART ..................................... 8

PROBATION .................................................................................. 8

JUVENILE DETENTION .............................................................. 10

CLINICAL SERVICES ................................................................. 11

COMMUNITY BASED PROGRAMMING .................................... 11

FOR PARENTS ........................................................................... 11

COMMON TERMS ...................................................................... 12

NOTES ......................................................................................... 16

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ACJCS CONTACT INFORMATION

Juvenile Court Office hours: 8 a.m. to 5 p.m. M-F 6300 W. Denton St. Boise, ID 83704 Phone: 208-577-4800 fax: 208-577-4809

Juvenile Probation Office hours: 8 a.m. to 5 p.m. M-F Boise location 400 N. Benjamin, Suite 103 Boise, ID 83704 Phone: 208-287-5750 fax: 208-287-5749 Meridian location 124 W. Franklin Rd. Meridian, ID 83642 Phone: 208-577-4525

Juvenile Detention Office hours: 8 a.m. to 5 p.m. M-F 6300 W. Denton St. Boise, ID 83704 Visitation: Sunday 2:30 p.m. – 4:30 p.m. Wednesday 6:30 p.m. – 7:30 p.m. Mail letters for juveniles to: Ada County Juvenile Court Services 6300 W. Denton St. Boise, ID 83704 Phone: 208-577-4948 fax: 208-577-4959

Juvenile Clinical/Programs Office hours: 8 a.m. to 5 p.m. M-F 400 N. Benjamin, Suite 201 Boise, ID 83704 Phone: 208-257-5600 fax: 208-287-5609

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IMPORTANT CONTACTS & DATES

Name of Your Judge:

Name & Phone # of Your Attorney/Public Defender:

Name and Phone # of Your Probation Officer

Other Important Phone #’s:

Court Dates

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THE COURT PROCESS The Idaho Juvenile Corrections Act

The act applies to persons under the age of 18 years who violate any municipal ordinance, federal, state or local law (with the exception of certain traffic, alcohol, tobacco and watercraft violations).

Juvenile court system differs from the adult court system

The goal of juvenile court supervision is guidance, community protection and rehabilitation. Court activities are intended to find and correct causes for illegal behavior. In some cases, help from community resources or the Idaho Department of Juvenile Corrections (IDJC) is recommended. Services are offered based on the individual juvenile’s needs.

If your child is arrested and placed in detention

If your child is arrested and brought to detention, he/she will have a detention hearing within 24 hours (excluding weekends and holidays). The detention hearing takes place in front of a juvenile judge. The judge will decide if your child will stay in detention or be released to your custody. If your child is released there may be conditions the child has to follow. The judge will set future court dates if needed.

How charges get submitted to juvenile court

Court action begins with law enforcement. When an officer believes a juvenile has broken the law, the officer files a report about the offense. The report is given to the prosecuting attorney to decide if charges should be filed (also called a petition) with juvenile court.

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Petition defined A petition is a written document that asks the court to take action on a certain matter. It will list the specific act with which the juvenile is charged. A juvenile will not be brought before the court unless a petition is filed. When a petition is filed Once a petition is filed, a summons is sent to the parents or legal guardians ordering them to bring the juvenile to court for an admit/deny hearing on a specific date. Admit/deny hearing At the admit/deny hearing, a judge reviews the petition to make sure the juvenile and his or her parents understand the charge(s), as well as their legal rights. If the juvenile and parents or guardians have not received the petition before the hearing, they will receive it at the hearing. The judge will decide if the facts in the petition are true or not. Denial of charges If the juvenile denies the charge(s), the case is set for a pre-trial hearing and an evidentiary hearing (also called a trial). The goal of the evidentiary hearing is to resolve any legal issues before sentencing (see common definitions). Admission to charge(s) or found guilty of charge(s) If the juvenile pleads guilty or the court finds the juvenile guilty of the crime, the juvenile is considered to be within the purview of the Idaho Juvenile Corrections Act. At that time, the court schedules a disposition (sentencing) hearing. Disposition (sentencing) hearing

Before the disposition (sentencing) hearing, a probation officer will schedule an interview with the juvenile and one or

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both of the parents or legal guardians. The probation officer uses this interview to get as much information as possible about the needs and strengths of the juvenile and their family. This will help the court make useful and fair decisions.

The court has a number of options to consider when sentencing a juvenile. They are as follows:

The judge may dismiss the case after further review. The case may continue until some specific action by

the juvenile happens. For example, paying restitution before the case can be dismissed.

The juvenile may be placed on probation, allowing he/she to remain in the community under supervision terms by the court.

The juvenile may be ordered to participate in ACJCS Clinical Services and/or Community Based Programming.

The juvenile may be placed in a detention center for a specified number of days.

The juvenile may be placed in the custody of the Department of Juvenile Corrections.

Some felony or more serious misdemeanor cases may be transferred to district court to be processed under adult criminal law.

The chart on the following page summarizes the ACJCS case flow process. The most common outcomes are probation and detention.

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ACJCS CASE PROCESS FLOW CHART

PROBATION A probation officer will be assigned to work with the juvenile and their family during the court process and during any period of probation ordered by the court.

Probation philosophy

Probation services at ACJCS are based on the balanced approach and restorative justice. Restorative justice considers the relationships between the offender, the victim(s) and the community, and focuses on repairing damage or harm done to victims and their communities.

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The balanced approach to juvenile justice includes the following principles:

Community Protection

The public has a right to safety and security.

Competency Development

Offenders should leave the juvenile justice system more capable of productive participation in society than when they entered.

Accountability

When a crime occurs, a debt is often incurred. Juvenile offenders must be held accountable for their actions, and restore the victim's losses.

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JUVENILE DETENTION The purpose of the detention center is to care for the protection and well-being of youth, while ensuring the protection of the community. The detention center operates 24 hours a day, seven days a week.

There are two ways a juvenile can enter detention:

1. A judge may order a juvenile into detention after a hearing has been held on a pending matter.

2. Police filing criminal complaints on juveniles may also bring them to detention. Juveniles admitted from the community in this manner will attend a detention hearing within 24 hours of admission, excluding weekends and holidays. At the hearing charges are heard and a judge determines whether the juvenile can be released.

Admission process

Juveniles entering the detention center go through an admission process. During this process, information is entered into a statewide database. Juveniles are photographed and fingerprinted. They take showers, are issued clothing, and personal property is securely stored until they are released. Juveniles are classified according to criteria including: gender, age, maturity, and type and seriousness of crimes. This classification determines room placement. All rooms are single-occupancy; the center has 71 rooms total.

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CLINICAL SERVICES ACJCS clinical services provide for assessment and treatment for mental health and substance use disorders. These services demonstrate commitment to youth in our community by lowering drug and alcohol use, increasing life skills and reducing the risk of reoffending. The clinical staff is qualified to provide group, individual, and family counseling for issues that juveniles may face. They strive to meet the needs of clients and their families and assist them by providing support and linking them to resources in the community.

COMMUNITY BASED PROGRAMMING ACJCS community based programming provides community-focused opportunities for juveniles under court orders.

Services we provide:

Community service.

Work in Lieu of Detention (WILD).

Educational programming: o GED o High school credits o Life skills o Employability skill building o On-line drug and alcohol education

FOR PARENTS As a parent, guardian or custodian of a child with a case in the Idaho juvenile justice system, you have certain responsibilities such as:

You have a responsibility to attend all court hearings.

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You have a responsibility to help your child comply with court-ordered conditions of release from detention, or terms of probation imposed by the court.

You have a responsibility to do what the court orders you to do, including bringing your child to court as directed.

As a parent, guardian or custodian of a child:

The court may order you to do any act determined reasonable and necessary for the welfare of the child.

The court may order you to refrain from certain actions.

The court may order you to pay support for the child if the child is placed outside of your home.

The court may order you to pay for the cost of treatment programs and restitution to victims of your child's behavior.

The court may order you to pay fees for a court appointed attorney, if one was appointed to your child.

The court may order Joint and Several Restitution for your child’s crime.

Joint and Several Restitution is when multiple juveniles can be held liable for the same event or act and be responsible for all restitution required. In cases of joint and several restitution, a person who was harmed or wronged by several parties could be awarded damages and collect from any one, several, or all of the juveniles. The juveniles would be required to pay the entire restitution, which could be split among multiple juveniles or could come from just one juvenile. Each juvenile would be liable for part of the damages, or up to as much as all of the damages.

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COMMON TERMS Admit/Deny Hearing – a hearing held to inform a juvenile and his/her parents of criminal charges and their legal rights. The juvenile has the opportunity to admit or deny the charges and future hearings are set. The judge will decide if the juvenile should be detained or may remain in the community. If the juvenile remains in the community the judge can order the juvenile comply with certain conditions to ensure public safety.

Disposition (Sentencing) Hearing – a hearing in which the judge decides the consequences for a juvenile's charges, if the charges were admitted by the juvenile or the juvenile was found guilty of them.

DJC (Department of Juvenile Corrections) – Idaho’s state agency responsible for detaining juveniles committed for criminal behavior.

DRO (Detention Release Order) – an order by which the judge places a juvenile on certain restrictions or terms pending future court hearings. A violation of the DRO could result in the juvenile being placed in detention.

Drug/Alcohol Assessment – a tool used by substance abuse treatment providers to determine the needs of a juvenile.

EM (Electronic Monitoring) – a condition of a court order requiring a juvenile to wear an ankle bracelet which monitors their movement. A probation officer will provide intensive supervision while a juvenile is on EM.

Evidentiary Hearing (Trial) – if a plea agreement is not reached during the pretrial conference, the case will continue

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to an evidentiary hearing (or trial) before a judge. The judge will determine if the juvenile falls within the purview of the Idaho Juvenile Corrections Act (law), and their guilt or innocence regarding the charges.

FTA (Failure to Appear) – when a client has been served with a notice to appear (court document with a court date and time on it) for a Court Hearing. If they do not show up it is considered an FTA and the “FTA” Warrant is issued. A juvenile can turn themselves into detention or the police will pick them up and they will be booked into detention. IA (Informal Adjustment) – a type of probation allowing for the dismissal of charges upon the successful completion of probation terms. Joint and Several Restitution – is referring to a situation where a juvenile crime has two or more juveniles who are ordered a combined sum of restitution. JPO (Juvenile Probation Officer) or PO – a person who monitors compliance with court orders and helps with completion of probation terms. Petition – the formal document that lists the crime(s) with which the juvenile is charged. A juvenile cannot be brought before the court unless a petition is filed.

Pre-Trial Conference – a meeting in which the prosecuting and defense attorneys discuss a juvenile’s case in attempt to resolve it without going to trial.

Pre-Trial Hearing – a hearing with the judge that happens before a trial. The pre-trial hearing is an accused person's last

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court appearance for a criminal charge before the case goes to trial.

PTA (Promise to Appear) – is a Court document that stipulates a specific Date and Time for a Court Hearing. If a client/parent signs this document and fails to appear for the scheduled Court Hearing they will be found in contempt and the Judge could issue a Failure to Appear (FTA) Warrant.

Status Offense – a misbehavior that would not be a violation of the law if committed by an adult, but is considered an offense when committed by a juvenile. Examples of status offenses include truancy, runaway, beyond control and curfew violation.

Summons – an order to appear before a judge or magistrate.

UA (Urinalysis) – a test which screens urine for the presence or absence of illegal substances.

Waiver to Adult Court –a court order by which jurisdiction is transferred (waived) from juvenile court to adult court. A complete investigation of the circumstances of the alleged charge(s) is conducted, and a hearing is held. A judge may determine the charges were serious enough to waive the case into adult court. If so, the juvenile will become subject to adult penalties under the law. There are certain serious offenses where a juvenile may be automatically waived into adult court.

Warrant – an order signed by a judge that calls for placement of a juvenile in detention (if under the age of 18) or placement in jail (if over the age of 18).

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NOTES