|
In December 1996, as
a
result of an agreement the Wayne County Probate Court, the 35th
District Court became the first District Court in the state to
process juvenile ordinance/misdemeanor violations (those violations
committed by persons under the age of seventeen at the time of the
offense). As a result of the joint effort between the 35th
District Court, the 3rd
Judicial District (formerly Wayne County Probate Court) and the State
Court Administrative Office, District Courts in Wayne and Oakland
Counties now have this program available to them as well.
Currently the Juvenile
Court in the 35th District Court (JCDC-35)
has its own probation staff that consists one full-time juvenile
probation officer.
The Probation Officer interviews the
individual youth and his family in order to apply the most appropriate
intervention for the youth. If the probation officer has reason to
believe that substance abuse is present, the youth will undergo
testing. Once assessed the youth is then referred to a program to
address his needs. The goal of the intervention is to teach the
youth that his actions were unacceptable and to assist the youth in
refraining from future delinquent acts.
Under the Juvenile
Code, there are three levels of supervisions, after a youth admits
responsibility:
·
Level I: Diversion
·
Level II: Deferment (Consent Calendar)
·
Level III: Probation
Level I is designed for low-risk
youth offenders that have a high probability of complying with
voluntary conditions in lieu of formal prosecution in the court
system. In Level I: Diversion youth are diverted away from the formal
court process and referred to alternative services. Provided they
comply with the terms of their diversion agreement, they will not be
formally prosecuted on the charged offense. These records are
non-public and are destroyed within twenty-eight days after the
youth’s seventeenth birth date, or at end of the diversion agreement,
whichever is later.
In Level II the offense is formally
processed in court and the record is public until the matter is
officially closed. Here, the juvenile needs to enter a plea of
responsible, and the plea would be deferred from the youth’s criminal
record awaiting the completion of a set of conditions established by
the court. Once the supervision period expires and the conditions are
complete, the case would be dismissed and the records destroyed within
twenty-eight days of the youth’s seventeenth birth date or end of the
deferred period, whichever is the latter.
Level III provides for the youth’s
offense to be formally processed. If he is found responsible or pleads
responsible, the plea is entered on the youth’s criminal record. This
offense would be public information and part of the court’s record
until the youth reaches his thirtieth birth date.
In all three levels of
supervision, the probation officer determines the most
appropriate and helpful means of intervention for that youth
based on the needs and risks for the youth and his family. If
removal from the community is necessary as a higher level of
intervention, his case is transferred to the 3rd
Judicial Circuit Court for further action.
|