1. Director, County and Juvenile Divisions
The Prosecution Process Office of the State Attorney Fourth Judicial Circuit
Julie K. Taylor
Director, County and Juvenile Divisions
September 15, 2016

2. Topics Intake Procedures
Juvenile Assessment Centers (JACs) and Detention Centers
Diversion and Alternatives to Formal Prosecution
A Prosecutor’s Filing Decision

3. Objectives of Juvenile Court from the Prosecutor’s Perspective
Consider both rehabilitation and punishment of juvenile offenders
Direct file only the most serious and violent offenders into adult court
Divert first time and non-violent offenders to try to prevent those offenders from committing future crimes

4. What is required when taking a juvenile suspect into custody
Circumstances when a child may be taken into custody:
Circuit court order based upon sworn testimony
Delinquent act or violation of law pursuant to a lawful arrest
Failure to appear in court
Probable cause for a violation of probation, non-secure detention, post-commitment probation, conditional release, absconding or escape

5. Conditions of a child’s custody
A child may not be placed in a police car or similar vehicle with an adult unless they are suspected of the same offense or transaction as the child
The person taking the child into custody must attempt to notify the child’s parent, guardian, or legal custodian
The department must continue the attempts to notify the parent or guardian

6. Requirements for release from custody
“As soon as is reasonably possible”
Unless there is a need to hold the child, attempts shall be made to release the child:
To the child’s parent, guardian, or legal custodian, or if they are unavailable, unwilling, or unable, to any responsible adult
To a shelter
To a law enforcement officer to transport the child to a hospital when medical treatment is required
To a law enforcement officer to transport the child to a receiving facility if a mental health evaluation is required

7. Release from custody
To a law enforcement officer to transport the child to a hospital or treatment facility if the child appears intoxicated, is incapacitated by substance abuse, or has threatened or attempted physical harm to himself, herself, or another
To a JAC who will assume custody of the child to assess his or her needs

8. Juvenile Assessment Center or JAC
The purpose of a JAC is to provide central intake and screening services for juveniles who are referred to the department
JACs are established through a cooperative effort between substance abuse programs, mental health providers, law enforcement agencies, schools, health service providers, state attorneys, public defenders, and other agencies that serve youth in the community

9. Responsibilities of a JAC
Facilitate the initial screening of and case processing for juveniles
Delinquency intake
Positive identification
Detention admission screening
Needs assessment
Substance abuse screening and assessments
Physical and mental health screenings
Diagnostic testing
These services may be provided during intake or while a juvenile is awaiting placement at a commitment program

10. Intake
The department shall manage, coordinate, and monitor the services provided to a child
The department shall also work with the Department of Children and Families to carry out all duties and responsibilities related to the child
The department shall assign a juvenile probation officer to any child who is not released or referred to diversion so that case management services may be provided to that child

11. The department shall… Review the probable cause affidavit
Notify the arresting agency of any insufficiencies in that affidavit
Screen the child
Complete a risk assessment instrument or RAI
Inquire as to whether the child understands his or her rights to counsel and against self-incrimination
Complete a multidisciplinary assessment
Complete a comprehensive assessment
Make recommendations for services
Make recommendations concerning a petition
Complete an intake report

12. The department shall…
When it is indicated by the comprehensive evaluation, the department can use funds to provide services for the child through a local nonprofit community mental health or substance abuse agency or a social service agency
The information provided during the assessment is inadmissible prior to a disposition hearing unless the child consents to its release in writing
The information however can be released at the disposition hearing “to assist the court in making the most appropriate custody, adjudicatory, and dispositional decision.”

13. Detention Intake
When a child is taken to the department by a law enforcement officer, the department shall make any decisions regarding custody prior to the child’s first detention hearing
Detention is typically based upon the score in the RAI, however there are exceptions when secure detention is permitted even though the child does not score for secure detention
If the score requires secure detention, the department can contact the state attorney to request that the child be released if the department feels that is appropriate

14. RAI Score and Exceptions
The score in the risk assessment instrument is based upon various factors including the current charge, any prior history, and any current probation or commitment status
If a child does not score for secure detention, a child will still be held under some circumstances such as when the child is charged with possessing or discharging a firearm on school property or when a child has been taken into custody on three or more separate occasions in a 60 day period

15. Detention in Domestic Violence Cases
If a child does not score for secure detention but is charged with an act of domestic violence that child may be held in secure detention if:
Respite care is not available
Secure detention is necessary in order to protect the victim from injury

16. Review of Detention Status
The detention status of a child will be reviewed at an initial hearing called a detention hearing that must take place within 24 hours
The detention status is typically reviewed at every hearing if the child is in secure detention and must be reviewed every 72 hours at a minimum in most cases

17. Length of Detention
A child may not be held in secure detention longer than 24 hours unless it has been ordered by a court
A child may not be held in secure detention for more than 21 days unless an adjudicatory hearing has commenced
Secure detention may be extended up to 9 days upon good cause being shown
A child may not be held more than 15 days from the entry of an order of adjudication

18. Detention Awaiting Placement
Non-secure detention: a child may be held for 5 days and may be extended by request of the department but may not exceed 15 days
A child awaiting placement in a high or maximum risk placement must be held in secure detention until placed
A child may be held in secure detention overnight and for no more than 24 hours “for the specific purpose of ensuring the safe delivery of the child”

19. Detention Status
A child who has been released may not be transferred to secure or non-secure detention without a court hearing
A child may only be transferred from non-secure to secure detention “only if significantly changed circumstances warrant such transfer”

20. Release for Certain Charges
When a child is released or transferred to non-secure detention and is charged with one of the following crimes or attempting to commit one of the following crimes, the detention center must notify the appropriate law enforcement agency, school personnel, and the victim:
Murder
Sexual battery
Stalking
Domestic violence

21. Education
While in secure detention, a child must receive education that is commensurate with his or her grade level and educational ability

22. Juveniles in Adult Jails
A juvenile will be “delivered” to the appropriate adult jail when transferred to adult court or indicted
“Sight and sound”
Supervision and monitoring must include physical observation and documented checks at intervals not to exceed 10 minutes
A child shall never be placed in the same cell as an adult

23. The Life of a Juvenile Case
Detention hearing
Arraignment: charges are filed, amended, diverted or dropped
21 day issues
90 day speedy trial
Exceptions: possible direct files, cases involving sexual or lewd batteries, competency issues
Pre-trials
Adjudicatory hearings
Sentencing

24. The Process of Prosecution
A Prosecutor’s options in arrest cases:
Drop
Divert
File
Direct File
A Prosecutor’s options in warrant cases:
Deny
Grant
At large divert

25. Dropping a Case
The ASA will evaluate the case initially by reviewing reports and physical evidence that has been provided by the arresting officer
The ASA will consider any legal issues that should prevent the filing of any charges
The ASA will also consider any mitigation or other information provided by the defense
The ASA will consult with the victim and witnesses

26. Diverting a Case
The purpose of diversion is to remove first time and non-violent offenders from the criminal justice system but still impose punishment in the hopes of deterring future crimes
A hearing is held at the SAO with a hearing officer and parents of the juvenile to discuss sanctions then complete and sign a contract with the SAO
Successful completion and expunction
Rejection from diversion may lead to the filing of charges

27. Pre-Arrest or At Large Diversion
Law enforcement officers may consult with the SAO prior to arrest
During that time the SAO may consider diverting a case prior to an arrest being made and while the juvenile is “at large”
The SAO may convert an application for an arrest warrant into an at large diversion case thereby preventing an arrest from taking place

28. Post-Arrest Diversion
Following an arrest by a law enforcement officer, the SAO will consider post-arrest diversion
That decision is based upon factors such as the seriousness of the crime, any prior history, prior diversion cases, and the input of the victim and arresting officer

29. Pre-trial Intervention or Diversion Programs
Youthful Offender Program: sanctions are determined during a hearing that is attended by the juvenile, the juvenile’s parents, and often the victim
Juvenile Drug Court: focus on drug treatment
KIDS: sex offender program
Teen Court: trials by peers, sanctions determined by peers, referrals for additional services

30. Civil Citations
Pursuant to Florida Statute , a circuit may establish “civil citation programs or other similar diversion programs”
Cooperation of agencies including the Chief Judge, State Attorney, Public Defender and Law Enforcement
The civil citation program is similar to at large diversion programs that divert a juvenile into a particular program prior to any arrest being made or any formal charges being filed

31. Goals of the Civil Citation Process
Divert first time offenders or non-violent offenders with no more than two prior civil citations out of the criminal justice system
Provide services to the child to try to prevent future criminal activity
Impose punishment through various sanctions including restitution to the victim

32. At Large Diversion and Civil Citations
The goals are the same: to divert juveniles from the system prior to arrest to try to prevent any further involvement in the system
To prevent an arrest of the juvenile and records that are produced as the result of that arrest
To ensure that the victim is involved in the process and is made whole

33. Filing a Petition
All delinquency proceedings are initiated by the filing of a petition which is the charging document
The petition must be in writing and must be signed by a state attorney under oath
Particular assistant state attorneys are designated by the state attorney to be permitted to sign petitions

34. A Prosecutor’s Filing Decision
The ASA will review all initial information
The ASA will consult with the officers who are involved in the case
The ASA will discuss the case with the victim and witnesses
The ASA and one or more supervisors will review a qualifying case for possible direct file

35. Discovery in Juvenile Cases
Discovery is similar to adult cases but juvenile discovery rules are discussed separately in Rule of the Rules of Juvenile Procedure
Discovery is still required when demanded and depositions are permitted in delinquency cases

36. Notable Differences in the Discovery Rules in Juvenile Cases
A response to a demand for discovery is due from the SAO within 5 days not 15 days, and the juvenile’s disclosure is also due within 5 days
Depositions are permitted in any delinquency case, and good cause need not be shown for depositions related to misdemeanor charges

37. Negotiations in Juvenile Court
Negotiations proceed in juvenile court as they would in any other criminal courtroom
The State and the Defense may agree to lesser charges and/or particular sentences that will result in the juvenile entering a plea for a negotiated disposition
The juvenile is always afforded counsel to represent him or her in all stages of a delinquency proceeding

38. Adjudicatory Hearings
An adjudicatory hearing must be held within 21 days if a juvenile is detained in secure or non-secure detention
That 21 day requirement may be waived by the juvenile and his or her counsel if more time is needed to investigate or mitigate the case
The hearing should be conducted so that the proceedings are understandable to the juvenile “to the fullest extent practicable”

39. Rules for Adjudicatory Hearings
Hearings are conducted without a jury
All criminal rules apply
The burden of proof is beyond a reasonable doubt
The juvenile is afforded the same rights in regard to self-incrimination and illegally seized or obtained evidence

40. Sentencing in Juvenile Court
If the court finds that the juvenile has committed a delinquent act, the court may withhold adjudication of delinquency or may adjudicate the juvenile delinquent
An adjudication of delinquency for a delinquent act is never considered a “conviction”
Criminal traffic charges such as driving without a license are not delinquent acts

41. Sentencing Hearings Predisposition report or PDR
Purpose of juvenile sentencing
Sentencing options:
Probation and Minimum Risk
Residential or Commitment Programs: Non-Secure, High, and Maximum
Post-commitment probation or conditional release

42. Factors for Direct Filing a Juvenile in Adult Court
Circumstances of the crime including the level of violence and any weapons used
Age of the victim and impact of the crime upon the victim
Age of the juvenile defendant
Criminal history of the juvenile defendant
Prior efforts at rehabilitation
Provability of the case

43. Mandatory Direct File
Under Florida Statute (2), certain crimes must be direct filed if committed by a 16 or 17 year old juvenile defendant
Those crimes include murder, sexual battery, armed or strong armed robbery, carjacking, home invasion robbery, aggravated battery, aggravated assault or any crime involving the possession or discharge of a firearm

44. Discretionary Direct File
Florida Statute (1) also addresses discretionary direct file
This section specifies charges that should be considered for direct file when the juvenile defendant is 14 or 15 years old
Those charges include arson, sexual battery, robbery, kidnapping, aggravated child abuse, aggravated assault, aggravated stalking, murder, aggravated battery and home invasion robbery

45. Discretionary Direct File
This section also states that the state attorney may consider any charge for direct file for a juvenile defendant who is 16 or 17 years old “when in the state attorney’s judgment and discretion the public interest requires that adult sanctions be considered or imposed.”
During the process of reviewing a case for direct file, the ASA should always consider mitigation provided by the defense in conjunction with the factors discussed previously

46. The Effect of Direct File
Once a juvenile defendant’s case is direct filed, all other pending cases will be transferred to adult court
Once a juvenile defendant has been found to have committed a crime in adult court, that juvenile will thereafter be prosecuted as an adult

47. Indictment by a Grand Jury
A charge for a child of any age may be presented to a grand jury if that charge is punishable by death or life imprisonment
As with direct file, all other cases will be transferred to adult court and the juvenile defendant will thereafter be prosecuted as an adult
If the juvenile defendant is found to have committed an offense punishable by death or life imprisonment, the juvenile must be sentenced as an adult

48. Juvenile Sentencing in Adult Court
In all other cases, the court has a wide range of sentencing options including juvenile sanctions
The juvenile defendant is entitled to both a pre-disposition report and a pre-sentence investigation report when being sentenced in adult court

49. 2015 Statistics
Approximately 3,212 cases opened in the Juvenile Division in 2015
Includes approximately 1,607 felonies and 1,595 misdemeanors
Reduced by almost half from 2009 when approximately 6,184 cases were opened in the Juvenile Division

50. Number of Direct Files in 2015: 95 cases
Most commonly direct filed charges include Armed Robbery, Burglary to Dwellings, Armed Burglary, Grand Theft Auto, Murder, Carjacking, and Home Invasion Robbery

51. Number of Diverted Cases in 2015: 873 cases
This includes over 200 felonies and over 600 misdemeanors
The largest group in regard to race and sex were African-American males
The largest group in regard to age were 16 year old juveniles

52. Prior Years’ Statistics
2006: Approximately 6,261 cases were opened, 80 were direct filed, and 1,749 were diverted
2009: Approximately 6,184 cases were opened, 225 were direct filed, and 2,054 were diverted

53. Contact Information
Julie K. Taylor: or
State Attorney’s Office, Fourth Judicial Circuit: