NEW ALBANY POLICE DEPARTMENT - New Albany, Ohio
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NEW ALBANY POLICE DEPARTMENT - New Albany, Ohio

NEW ALBANY POLICE DEPARTMENT - New Albany, Ohio NEW ALBANY POLICE DEPARTMENT - New Albany, Ohio

newalbanyohio.org
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23.02.2015 Views

NEW ALBANY POLICE DEPARTMENT Directive 4.1 – Juvenile Offenders 4.1.1 Handling Juvenile Offenders Officers dealing with juvenile offenders shall use the least coercive option among reasonable alternatives that is consistent with preserving public safety, order, and individual liberty. Pursuant to Rule 9 of the Ohio Rules of Criminal Procedure, formal court action should be avoided and community resources should be utilized to improve the situation before it is brought to the attention of the court. In keeping with this philosophy, officers may use the following alternatives when dealing with juvenile offenders: A. Officers may warn (verbal or written) the juvenile and then release him/her with no further action taken. B. Officers may issue a summons or citation to appear in lieu of taking a juvenile into custody for minor violations. C. Officers may refer the charges to the New Albany Juvenile Diversion Program. D. Officers may refer the juvenile to the formal juvenile process in the Franklin or Licking County Court of Domestic Relations and Juvenile Branch. Such referrals should be restricted to those cases involving serious criminal conduct and/or repeated criminal violations. Such cases include, but are not limited to, the following: Delinquent acts which, if committed by an adult, would constitute a felony (see O.R.C. §2151.25). Weapons-related offenses and/or offenses involving an aggravated assault. Any serious, gang-related delinquent act. Any delinquent act committed by a juvenile currently on probation or who has a pending juvenile case. Any repeated juvenile acts. Cases where parental supervision is not adequate or ineffective to produce the desired result. Cases originally set for the diversion program where the juvenile refuses to participate. In addition to the above-listed serious offenses, an officer may refer the parent(s) or legal guardian(s) of a juvenile to the Franklin or Licking County Court of Domestic Relations and Juvenile Branch for the filing of status offense violations, including unruly child offenses. E. Officers may recommend a voluntary treatment program utilizing one or more social service agencies and/or the New Albany Juvenile Diversion Program. The Diversion Program does not handle felony cases or serious crimes of violence. Only first-time misdemeanor and/or status offenders are offered diversion. 2

The officer’s decision to place a juvenile offender into the Diversion Program should take into consideration the nature of the offense, age and background of the juvenile offender, the juvenile’s record, and the availability of other social service programs. Consideration may also be given to the recommendation of the victim/complainant. The referral to the Diversion Program is made by forwarding the charges and the Diversion Request Form (PD-99-132) (see Addendum A) to the Probation Officer. 4.1.2 Procedures for Juvenile Custody The following definitions are used to determine juvenile custody: Secure: The juvenile is physically detained in a locked room, cell, or is handcuffed and is not free to leave the building. Non-secure: The juvenile may be in custody but is not in a secure area and can “technically” leave the building. The juvenile may be handcuffed and placed in an unlocked room. Delinquent: A juvenile who violates any law that would be an offense if committed by an adult. Status offender: A juvenile who has committed or is charged with an offense that would not be a crime if committed by an adult (i.e. - curfew). Non-offender: A juvenile who is neglected, abused, dependant, or has mental health needs. Adjudicated: A juvenile that has been found guilty of a crime by a juvenile court. Rule 6 of the Ohio Rules of Juvenile Procedures and O.R.C. §2151.31 outline the procedures and circumstances for taking a juvenile into custody. Pursuant to these guidelines, juveniles may be taken into custody by a law enforcement officer: Pursuant to an order of the court. Pursuant to the laws of arrest. When there are reasonable grounds to believe: 1. The child is suffering from illness or injury and is not receiving proper care. 2. The child is in immediate danger from his/her surroundings and removal is necessary to prevent immediate or threatened physical or emotional harm. 3. A parent, guardian, custodian, or other household member has abused or neglected another child in the household and that the child is in danger of immediate or threatened physical or emotional harm. When there are reasonable grounds to believe that the child has run away from his/her parent(s), guardian(s), or other custodian. When there are reasonable grounds to believe that the conduct, conditions, or surroundings of the child are endangering his/her health, welfare, or safety. When there are reasonable grounds to believe that the child may abscond or be removed from the jurisdiction of the court. When there are reasonable grounds to believe that the child will not be brought before the court when required. A. Juveniles who have engaged in non-criminal misbehavior (status offenses) shall be 3

<strong>NEW</strong> <strong>ALBANY</strong> <strong>POLICE</strong> <strong>DEPARTMENT</strong><br />

Directive 4.1 – Juvenile Offenders<br />

4.1.1 Handling Juvenile Offenders<br />

Officers dealing with juvenile offenders shall use the least coercive option among reasonable<br />

alternatives that is consistent with preserving public safety, order, and individual liberty. Pursuant<br />

to Rule 9 of the <strong>Ohio</strong> Rules of Criminal Procedure, formal court action should be avoided and<br />

community resources should be utilized to improve the situation before it is brought to the<br />

attention of the court. In keeping with this philosophy, officers may use the following alternatives<br />

when dealing with juvenile offenders:<br />

A. Officers may warn (verbal or written) the juvenile and then release him/her with no<br />

further action taken.<br />

B. Officers may issue a summons or citation to appear in lieu of taking a juvenile into<br />

custody for minor violations.<br />

C. Officers may refer the charges to the <strong>New</strong> <strong>Albany</strong> Juvenile Diversion Program.<br />

D. Officers may refer the juvenile to the formal juvenile process in the Franklin or Licking<br />

County Court of Domestic Relations and Juvenile Branch. Such referrals should be<br />

restricted to those cases involving serious criminal conduct and/or repeated criminal<br />

violations. Such cases include, but are not limited to, the following:<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

Delinquent acts which, if committed by an adult, would constitute a felony<br />

(see O.R.C. §2151.25).<br />

Weapons-related offenses and/or offenses involving an aggravated assault.<br />

Any serious, gang-related delinquent act.<br />

Any delinquent act committed by a juvenile currently on probation or who has a<br />

pending juvenile case.<br />

Any repeated juvenile acts.<br />

Cases where parental supervision is not adequate or ineffective to produce the<br />

desired result.<br />

Cases originally set for the diversion program where the juvenile refuses to<br />

participate.<br />

In addition to the above-listed serious offenses, an officer may refer the parent(s) or legal<br />

guardian(s) of a juvenile to the Franklin or Licking County Court of Domestic Relations<br />

and Juvenile Branch for the filing of status offense violations, including unruly child<br />

offenses.<br />

E. Officers may recommend a voluntary treatment program utilizing one or more social<br />

service agencies and/or the <strong>New</strong> <strong>Albany</strong> Juvenile Diversion Program. The Diversion<br />

Program does not handle felony cases or serious crimes of violence. Only first-time<br />

misdemeanor and/or status offenders are offered diversion.<br />

2

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