SOUTH DAKOTA BASIC LAW ENFORCEMENT OFFICER CERTIFICATION COURSE TRAINEE ...

SOUTH DAKOTA BASIC LAW ENFORCEMENT

OFFICER CERTIFICATION COURSE

TOPIC: Juveniles

TRAINEE GUIDE

HOURS: 4

Phase: Investigations

Core Competencies: Individual rights, Legal authority

DESIRED OUTCOME FOR THIS CLASS:

The purpose of this course is to provide an understanding of current statutes, codes,

terminology and definitions relative to youth and juvenile crime. Students will also discuss the

proper procedures and policies dealing with juvenile crime and related investigations and

become acquainted with specific procedures associated with the Juvenile Justice System.

TRAINING OBJECTIVES: Given a written examination the trainee will be able to:

1.

Recognize the juvenile criminal process and procedures for law enforcement in the

Juvenile Justice System.

2.

Recognize the statutes, codes, terminology and definitions associated with the Juvenile

Justice System.

CRITERIA: The trainee shall be tested on the following:

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

History of juvenile justice

Major juvenile cases

Statutes and codes that involve juveniles

Terminology of juvenile court (CHINS, delinquent, adjudication, disposition, etc.)

Runaways and NCIC

¡°Temporary custody¡± of a juvenile

Least restrictive environment

Juvenile Justice System vs. adult system

Juvenile Miranda rights

Juvenile records

EVALUATION:

The training objectives for this topic will be tested via an end of phase written examination.

The minimum passing score for the examination is 70%.

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OFFICER CERTIFICATION COURSE

TRAINEE GUIDE

LESSON PLAN

I.

II.

Introduction

A.

Instructor

B.

Objectives

Juvenile Detention Alternatives Initiative (JDAI)

A.

Nationwide initiative which led to the Juvenile Justice Alternatives Act. Started in

SD in 2009.

B.

JDAI vision ¨C Youth involved in the Juvenile Justice System will have

opportunities to develop into healthy adults.

C.

JDAI mission and purpose ¨C To demonstrate that jurisdictions can establish more

effective and efficient systems to accomplish the purpose of juvenile detention.

D.

JDAI objectives ¨C

E.

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1.

Eliminate inappropriate or unnecessary use of secure detention

2.

Minimize failures to appear and incidence of delinquent behavior

3.

Redirect public finances to successful reform strategies

4.

Improve conditions in secure detention

5.

Reduce racial/ethnic and gender disparities

JDAI core strategies ¨C

1.

Collaboration

2.

Data-driven decision making

3.

Objective assessment/RAI

4.

Detention alternatives

5.

Expediting case processing

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OFFICER CERTIFICATION COURSE

F.

TRAINEE GUIDE

6.

Careful management of special detention cases

7.

Deliberate commitment to reducing racial/ethnic and gender disparities

8.

Improving conditions of confinement

SD Initiated legislative change

1.

In FY 2015, South Dakota was in the top five states for juvenile

commitments.

a.

West Virginia

b.

Wyoming

c.

Oregon

d.

Alaska

e.

South Dakota

2. Proportionately, South Dakota had a higher Native American population

committed to DOC in FY 2015 than neighboring states.

G.

SD SB73

1.

Entitled: ¡°An Act to improve public safety regarding juvenile justice.¡±

Enacted in 2015

2.

Changed the juvenile justice system:

a.

b.

c.

d.

e.

f.

g.

h.

III.

Supreme Court Decisions

A.

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reserves disposition to DOC for the most serious juvenile offenders.

changed how CHINS cases are disposed to the DOC.

created mandatory diversions for eligible juveniles.

created Community Response Teams (CRTS) to assist judges by

recommending viable community-based interventions

created Graduated Responses, an evidence-based tool used to

increase accountability.

created Juvenile Citations to hold the juvenile accountable without

using the DOC.

standardized the length of juvenile probation.

created a fiscal incentive for counties to divert juveniles into courtapproved diversion programs.

Kent vs. US (1966) ¨C courts must provide ¡°due process¡± before transferring

juvenile cases to adult court

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B.

IV.

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TRAINEE GUIDE

In re Gault (1967) ¨C in hearings that could result in commitment to an institution,

juveniles have four basic constitutional rights

1.

The right to notice of charges

2.

The right to counsel

3.

The right to question witnesses

4.

The protection against self-incrimination

C.

In re Windship (1970) ¨C in delinquency matters, the state must prove beyond a

reasonable doubt not just preponderance of the evidence

D.

McKeiver v. Pennsylvainia (1971) ¨C jury trials are not required in juvenile

hearings

E.

Schall v. Martin (1984) ¨C preventative ¡°pretrial¡± detention of juveniles is allowable

under certain circumstances

F.

Roper v. Simmons (2004) ¨C Juvenile execution is in violation of the constitution

(8th Amendment)

Statutes

1.

26-7A-27. Police reports concerning children taken into temporary custody or

issued a summons or citation are maintained separately from records of arrest

and any other records regarding detention of adult persons.

2.

26-7A-28. No identifying information concerning a child can be released to the

FBI or any other person or agency without a Court Order. That information can

be released to the courts, law enforcement agencies, prosecutors, court services

and DSS if the child has been adjudicated to be delinquent.

3.

26-8A-13. The Department of Social Services can release information to Law

Enforcement agencies regarding alleged abused or neglected children.

4.

23A-28B-16. Law Enforcement agencies can share information with the

Department of Social Services.

5.

SDCL 26-7A-1 (definitions)

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SOUTH DAKOTA BASIC LAW ENFORCEMENT

OFFICER CERTIFICATION COURSE

a.

b.

c.

d.

e.

f.

g.

h.

i.

6.

TRAINEE GUIDE

Adult ¨C 18 years and older, except any person under 21 years of age who

is under the continuing jurisdiction of the court or who is before the court

for an alleged delinquent act committed before the person¡¯s 18th birthday.

Child ¨C SDCL 26-7A-1 (Defined- 17 and under, Under 21 and under court

supervision, before the court for delinquent act committed prior to 18th

birthday)

Status offense ¨C Law violations ONLY if committed by a

juvenile.(Runaway)

Delinquency ¨C A violation of a law or ordinance.

Exceptions ¨C class 1 and 2 misdemeanors if they are traffic, boating, and

game/fish violations

Delinquent Child ¨C SDCL 26-8C-2 - The child must be 10 years old and

must have committed a crime

Abused and Neglected Child ¨C SDCL 26-8A-2

Child in Need of Supervision - SDCL 26-8B-2 (Beyond control of parent)

¨C Non delinquent children with problem behavior(truancy, runaway, out of

control)

Temporary Custody ¨C SDCL 26-7A-12 (temporary custody by law

enforcement officer) and 26-7A-13 (temporary custody by Court Order)

SDCL 26-8C-2 Juvenile Delinquency

a. Criminal behavior committed by minors

b. ¡°Any child ten years of age or older who, regardless of where the violation

occurred, has violated any federal, state, or local law or regulation for which

there is a penalty of a criminal nature for an adult.¡±

c. JUVENILE COURT DOES NOT HAVE JURISDICTION OVER:

State or Municipal Hunting, Fishing, Boating, Park or Traffic Laws that are

classified as misdemeanors, or petty offenses.

1.

26-8B-2 Child in Need of Supervision

1.

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Referred to as a CHINS Offense and means:

(1)

any child of compulsory school age who is habitually absent from

school without legal excuse.

(2)

any child who has run away from home or is otherwise beyond the

control of a parent, guardian, or custodian

(3)

any child whose behavior or condition endangers the child¡¯s own

welfare or the welfare of others

(4)

any child who has violated any federal, state, or local law or

regulation for which there is not a penalty of a criminal nature for an adult,

except violations of subdivisions 34-46-2(2) (tobacco), or petty offenses

(5)

any child who has violated 35-9-2 (MIC), or 32-23-21 (.02 DUI)

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