Steps of the Juvenile Justice Process March 15, 2016

Steps in the Juvenile Justice Process There are many steps in the juvenile justice process There are many steps in the juvenile justice process Within each step are several options that must be considered Within each step are several options that must be considered Above all, the court system must make sure that due process is followed for the juvenile Above all, the court system must make sure that due process is followed for the juvenile

Step 1: Intake When a juvenile is taken into custody, the first step is intake When a juvenile is taken into custody, the first step is intake The juvenile is turned over to an intake officer The juvenile is turned over to an intake officer It is the intake officer’s job to investigate the case and decide if there is enough evidence against the juvenile It is the intake officer’s job to investigate the case and decide if there is enough evidence against the juvenile If there is not enough evidence, the intake officer must release the juvenile If there is not enough evidence, the intake officer must release the juvenile

Step 1, part 2: Intake and Evidence If there is enough evidence, the intake officer has two choices If there is enough evidence, the intake officer has two choices First, the juvenile may be released into the custody of their parents First, the juvenile may be released into the custody of their parents Second, the juvenile may be detained Second, the juvenile may be detained Most juveniles are not detained in Georgia Most juveniles are not detained in Georgia

Step 2: Detention If a juvenile is detained, they are housed in one of the state’s Regional Youth Detention Centers (RYDC) If a juvenile is detained, they are housed in one of the state’s Regional Youth Detention Centers (RYDC) In special circumstances, a juvenile who is charged with an adult crime may be placed in an adult jail and tried by an adult court In special circumstances, a juvenile who is charged with an adult crime may be placed in an adult jail and tried by an adult court

Step 2, part 2: Probable Cause If a juvenile is detained, a probable cause hearing must be held within 72 hours If a juvenile is detained, a probable cause hearing must be held within 72 hours At the hearing, the judge has 3 options: At the hearing, the judge has 3 options: Dismiss the case Dismiss the case Have an informal adjustment Have an informal adjustment Have a formal hearing Have a formal hearing

Step 2, part 3: Informal Adjustment An informal adjustment is usually held for first- time offenders An informal adjustment is usually held for first- time offenders In an informal adjustment, the juvenile must admit the wrongdoing In an informal adjustment, the juvenile must admit the wrongdoing The juvenile is then under the supervision of the court for 90 days The juvenile is then under the supervision of the court for 90 days While under court supervision, the juvenile may be required to attend school regularly, attend counseling sessions, be required to pay for damages, or complete community service requirements While under court supervision, the juvenile may be required to attend school regularly, attend counseling sessions, be required to pay for damages, or complete community service requirements

Step 3: Formal Hearing A formal hearing is held if the juvenile is a repeat offender or the crime is serious A formal hearing is held if the juvenile is a repeat offender or the crime is serious First, the complaining witness files a petition outlining the wrongdoing First, the complaining witness files a petition outlining the wrongdoing Once the petition is filed a date is set for the formal hearing Once the petition is filed a date is set for the formal hearing A summons is issued which requires the juvenile, the parents, and any others involved in the case to attend the hearing A summons is issued which requires the juvenile, the parents, and any others involved in the case to attend the hearing

Step 3, part 2: Adjudicatory Hearing An adjudicatory hearing is somewhat like an adult trial An adjudicatory hearing is somewhat like an adult trial The judge hears the case against the juvenile and hears the juvenile’s defense The judge hears the case against the juvenile and hears the juvenile’s defense After listening to all evidence, the judge decides if the juvenile is guilty After listening to all evidence, the judge decides if the juvenile is guilty If found not guilty, the juvenile is released If found not guilty, the juvenile is released If found guilty, the court schedules a second hearing If found guilty, the court schedules a second hearing

Step 3, part 3: Dispositional Hearing In a dispositional hearing, the judge determines punishment for the offense In a dispositional hearing, the judge determines punishment for the offense At this hearing, both the prosecutor and the defense can call witnesses and present evidence that can possibly influence the judge At this hearing, both the prosecutor and the defense can call witnesses and present evidence that can possibly influence the judge

Step 4: Sentencing In sentencing, the judge may select from a number of options In sentencing, the judge may select from a number of options Release the juvenile to the custody of the parents with no court supervision Release the juvenile to the custody of the parents with no court supervision Place the juvenile on probation Place the juvenile on probation Place the juvenile in a youth development center for up to 90 days Place the juvenile in a youth development center for up to 90 days Commit the juvenile to the Department of Juvenile Justice Commit the juvenile to the Department of Juvenile Justice Send the juvenile to a special program, such as boot camp Send the juvenile to a special program, such as boot camp Assign other punishments (such as fines) and special conditions of probation (attend school regularly, community service, etc.) Assign other punishments (such as fines) and special conditions of probation (attend school regularly, community service, etc.)

Step 5: Appeal and Extension The juvenile has a right to appeal their case The juvenile has a right to appeal their case If an appeal is won, then the juvenile is released with no punishment If an appeal is won, then the juvenile is released with no punishment If lost, then the sentence is carried out If lost, then the sentence is carried out The court also has the right to extend custody or supervision of the juvenile for up to five years if the juvenile is believed to not be reformed The court also has the right to extend custody or supervision of the juvenile for up to five years if the juvenile is believed to not be reformed