Ramsey Police Department

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RAMSEY POLICE DEPARTMENT - POLICIES GENERAL ORDER

Subject:
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Juvenile Procedures
Section Number
Effective
Date:
V7 C2
January 13,
2000
Volume Title: Investigation Accreditation Standard: 1.2.3, 44.2.3 42.2.10, 44.2.2, Source/References: Bergen County Prosecutor's Chiefs of Police Manual, Section A-10.
Number of pages: Distribution:

Revised
37 General
Pages: -
Approved:
Attachments 4/8/09 11/11/09
All 7-8,11
D/Sgt. Alcaro Chief Gurney Chief Gurney
Reviewed by: Det. Brad Smith
Reviewed Date: April 8, 2009
Prepared by: D/Sgt. Alcaro / Policy Committee Ramsey Police Chief Bryan Gurney:
I. Policy A youthful offender is usually capable of altering his conduct and becoming a law-abiding citizen. Youthful offenders must be helped to understand that success in later life will be very difficult, if not impossible to attain, if they continue to break the law. When a young person enters the Juvenile Justice System, it is important that he / she be diverted to that part of the Juvenile system that will provide the optimum rehabilitation to a particular offender. Juveniles, unlike adult offenders, are governed by a separate set of laws that govern the manner in which juveniles are to be processed, charged, court proceedings and case disposition. This policy will set forth guidelines that address the handling of juvenile offenders and any other situation when a juvenile may become involved with the police, but not actually involved as an accused. Members of the Ramsey Police Department will follow the guidelines set forth in this policy.
Juvenile Procedures V7 C2
II. Procedure
While the trend in recent years has been to deal more harshly and vigorously with violent and repetitive juvenile offenders, the concepts of "rehabilitation" and "best interests of the juvenile" are still present (albeit to a lesser extent with the increased amount of violent juvenile crime) in the juvenile justice system, particularly when dealing with younger, non-violent offenders committing their first acts of delinquency. Therefore, while there are many similarities in dealing with juvenile offenders and with adult offenders, there are a number of important differences. This policy will discuss these as they relate to the activities of law enforcement in dealing with juvenile offenders and the court system. Also discussed will be court procedures as they relate to, and impact upon, the police officer. Finally the relationship between the police and the Prosecutor's Office will be discussed.
III. Definitions
A. Juvenile Officer or Unit - The Ramsey Police Department will be in conformance with the State policy by designating at least one officer to handle and coordinate juvenile matters. This officer need not be assigned full-time to handle juvenile matters where the extent of delinquent activity and resources make full-time assignment impractical. However, where the volume or seriousness of juvenile delinquent activity so warrants, a juvenile unit or bureau should be established and provided with sufficient resources to deal with this activity. It is further presumed that the officers handling juvenile matters have received sufficient training and updated training to enable them to perform their function effectively. This includes knowledge of the County and State agencies and resources which deal with juvenile matters and can be of assistance to the officer. B. Juvenile - An individual who is under the age of 18 years, NJSA 2A:4A-22a. If an individual commits an offense at any time on the date of his 18 th birthday, he is to be treated as an adult, Patterson v. Monmouth Regional High School, 222 NJ Super. 448 (App. Div. 1987). The age of the offender on the commission date of the offense, and not on the date of the complaint is signed, determines whether the matter is heard in juvenile or adult court. C. Delinquency - The commission of an act by a juvenile which if committed by an adult would constitute a) a crime, b) a disorderly or petty disorderly persons offence, or c) a violation of any other penal statute, ordinance or regulation. NJSA 2A:4A-23a, b & c. Important exceptions to this definition as listed in NJSA 2A:4A-23 include: 1. A violation of Chapter 3, 4, 6 or 8 of Title 39 by a juvenile of any age. This includes virtually all of the motor vehicle offenses. 2. Moped violations listed in Chapter 3 or 4 of Title 39 by a juvenile of any age. 3. Violations of Article 3 or 6 of Chapter 4 of Title 39 pertaining to pedestrians or bicycles by a juvenile of any age. 4. Violations of the various smoking regulations in Chapter 3D and 3E of Title 26 and NJSA 2C:33-13 by a juvenile of any age. 5. Violations of regulations and registrations of power vessels as listed in Chapter 7 of Title 12 by a juvenile of any age.
6. Status Offender means a juvenile who is charged with an offense of a non-criminal nature such as truancy, curfew violations, loitering, disorderly conduct, runaway, etc.
All of the above are not to be considered acts of juvenile delinquency and are to be written on summonses to be heard in municipal court. Any detention or term of imprisonment imposed by a municipal court upon a juvenile for a violation of Titles 39 or 12 or NJSA 2C:33-13 (smoking) shall be served at a suitable juvenile institution and not at a county jail. IV. Initial Contact The officer/investigator must determine whether the juvenile is a status offender or delinquent. If the juvenile is determined to be a status offender as defined in the above section III C, then appropriate action can be taken such as issuing motor vehicle summons, smoking ordinance violations, or referral made to the Family Crisis Intervention Unit, Children's Mobile Response and Stabilization Services, ect. A juvenile is not taken typically taken into protective custody for a status offense unless he or she is a danger to themselves. A police officer, observing a juvenile committing an act of delinquency or, based on information or belief learns of one, usually will take the juvenile into custody for the purpose of signing a juvenile complaint and notifying the juvenile's parents / guardian. There can also be situations where a complaint is signed out of the presence of the juvenile and his parents / guardian and served by mail. Situations also arise where in the case of a very minor offense committed by a more youthful juvenile who has never been in previous trouble, an officer can, using discretion, issue what has been referred to as a "curbside warning" or a "stationhouse adjustment". The procedure should be used sparingly and only in those cases where the interests of victims, the community or justice would not be compromised. In these cases, a delinquency complaint would not be signed unless the juvenile failed to comply with an agreed upon provision of the stationhouse adjustment (i.e.: the juvenile's failure to make restitution to a victim or failure to successfully perform community service as directed by the police). Every such contact with a juvenile should be recorded so an appropriate action can be taken a future encounter with the same juvenile.
V. Initiation of a Juvenile Action the Complaint A complaint charging juvenile delinquency can be signed by any person having knowledge of the facts or who is informed of such facts and believes that they are true, NJSA 2A:4A-30. The juvenile complaint forms are available from the Juvenile Intake Office. Complaints should be complete and accurate in listing all of the required information, and particularly the correct statutory citations and the factual description of the offense, giving the date, time and place. It is important to list the names, addresses and phone numbers of all juvenile and adult co-defendants and witnesses. The listing of witnesses is important in the case of counsel non-mandatory (RANM or informal) matters in which the Prosecutor's Office is not involved. In these matters, witnesses are notified to appear by the Intake Office who is knowledgeable of the matter only by reference to the information appearing on the complaint. In all cases the complaining witness is notified to appear by the Intake Office. A separate sheet can be appended to the complaint if there is insufficient space on the complaint to list all of the information. The complaint should Juvenile Procedures V7 C2 3
cite all offenses arising out of the same criminal transaction for which the juvenile is to be charged. These would be equivalent to counts in an indictment. A complaint consists of the number of pages required to list all of the charges. Each page can hold two charges. A separate complaint should be initiated for each separate criminal transaction in which the juvenile is involved. In the case of multiple transactions involving the same juvenile and charging the same offense (i.e.: 23 car burglaries, 35 tire slashings, etc.), it may be possible to combine several as one charge on one complaint. Please contact the Juvenile Officer or Prosecutors Office for assistance in this.
VI. Routing of Complaints through the Court System The complaint is "docketed" with the Juvenile Intake Office. Preferably, the Juvenile Officer delivers the complaint for docketing. At this stage, the officer can provide valuable input in the routing decision by attaching a cover letter (available from Juvenile Intake) in which the officer can offer recommendations as to whether the matter should be heard in court (either formal or informal calendar) or diverted (Juvenile Conference Committee of Prejudicial Conference). Information relating to the juvenile's background and the nature of the instant offense can also be included. Pertinent police reports should accompany the complaint. Using input from the Juvenile Officer, the Court and the Prosecutor's Officer, the Intake Office determines if a complaint should be referred to Court or should be "diverted" from court hearing. A. Diversion In the case of less serious offenses committed primarily by younger juveniles who have had minimal or no prior contact with the court, the complaint can be referred to either a municipal Juvenile Conference Committee (JCC) or to a Pre-judicial Conference (PJC) with an Intake Officer. In either case, the juvenile must appear with a parent / guardian. The victim and the police officer can appear, if required. The matter is heard and a disposition is imposed, i.e. an essay, restitution, community service, etc. These diversionary hearings are non-judicial proceedings and an admission by the juvenile, while preferable, is not required. However, if a juvenile affirmatively denies any culpability as to the offense charged or fails to satisfy the disposition, the matter is immediately referred to court for further handling. B. Court hearing Depending on the nature of the offense, the age and prior record of the juvenile and whether the juvenile may be subjected to institutional commitment of the complaint can take either of two routes: 1. Counsel-Not Mandatory (RANM or Informal Calendar): The prosecutor is not usually involved in these cases. Instead, the complaining witness (police officer or civilian) and those witnesses listed on the complaint are summoned to appear by the Intake Office. The court questions the witness. The juvenile may or may not be represented by an attorney. In a particularly lengthy or complicated matter in which a defense attorney is present, the police officer may request (or the court may require) the presence of an assistant prosecutor to adequately prosecute the matter. The officer should contact the juvenile section of the Prosecutor's Office to discuss this aspect when necessary. No juvenile can receive an institutional commitment as a result of any hearing in which he / she was not represented by an attorney.
Recently, informal (counsel not mandatory) cases have been heard by a non-judicial "referee" whose finding and dispositions are reviewed by the court before becoming final. 2. Counsel Mandatory (RAM or Formal Calendar) Based on the nature of the offense and/or the prior record of the juvenile, an institutional commitment may be imposed, the juvenile must be represented by an attorney. The prosecutor prepares the case for trial by obtaining discovery from the appropriate police department and subpoenaing the necessary witnesses.
VII. Discovery in Juvenile Matters A. In RAM (formal) cases, the Prosecutor's Office obtains discovery from the police department and provides it upon written request to the juvenile, his parent / guardian, or attorney. B. In RANM (informal) cases the discovery is provided by the police department upon request to the juvenile, his parent or his attorney. In general, the police provide the same discovery material to the juvenile as it provides to the Prosecutor's Office. Any questions concerning what material may or may not be discoverable, or on any matter concerning discovery in general, should be referred to the Juvenile Section of the Prosecutor's Office.
VIII. Taking a Juvenile into Custody A. A police officer can take a juvenile into custody 1) pursuant to an order or warrant of any court having jurisdiction or 2) for delinquency, where there has been no process issued by a court, but where the officer has probably cause to believe the juvenile is delinquent (see IIIC), subject to the laws of arrest and rules of court. This means that a juvenile to be taken into custody for delinquency can and should be searched and cuffed. Officers taking a juvenile into custody for any reason shall evaluate the condition of the juvenile to determine if he / she has been harmed in any way, or is in danger of being harmed. B. When a juvenile has been taken into custody for delinquent conduct, the investigating officer shall immediately transport the juvenile to police headquarters for processing in accordance with the provision of this directive, except for juveniles in need of medical attention, who shall be transported without delay to the appropriate medical facility. C. A juvenile 14 years or older who is charged with delinquency on the basis of an act which, if committed by an adult, could constitute a crime, shall be fingerprinted and photographed. These fingerprints and photographs may be retained by the Ramsey Police Department for criminal identification purposes. D Juvenile Admission Log Book In order to comply with the requirements of the Juvenile Justice Commission, it will be necessary to make an entry into the Juvenile Admission Log Book for every juvenile admitted to police headquarters, regardless of the reason, with the exception of guided tours of students, scout groups, etc. The log book shall be maintained in the Dispatch Room. The following information provides basic directions for completing log entries: Juvenile Procedures V7 C2 5
1. When listing the charges, clearly differentiate between delinquent offenders, status offenders, and non-offenders (abused children, lost children, etc.) 2. Note the most serious charge only. (If the juvenile is an out-of-state runaway, list the home state.) 3. List the CAD number. 4. If held in secure detention, list the cell by number, or use "holding cell". 5. The officer admitting the juvenile shall make the original entry, or ensure that it was made by the Dispatcher. 6. The officer releasing the juvenile shall make, or ensure that it is made, an entry documenting the release and detention information. E. Release to parent or responsible adult When a juvenile is taken and logged into custody and held in a secure area for delinquency, any officer shall immediately notify the juvenile's parents / guardian, if any, that the juvenile has been taken into custody. Under most circumstances, a complaint will be signed, and the juvenile will be released into his parent's / guardian's custody upon the assurance that the juvenile will be brought to court as ordered. In sexual assault cases, if the officer's decision is to release the juvenile into his parent's / guardian's custody (rather than being remanded to the Bergen County Juvenile Detention Center), the parents should be advised that they must bring the juvenile to court the next court date. This is due to the necessity of having these cases initiated early as possible so the court can order necessary evaluations, place the juvenile into the Detention Alternative Program (DAP), order non-contact with the victim or place some other condition of release on the juvenile and his family. It is important that in these cases the complaint be docketed immediately with the Juvenile Intake Office. The arresting officer, complaining witness or investigator should all appear at the initial hearing, if possible, in these cases. F. Release R.O.R. A juvenile charged with delinquency may be released by the police on the juvenile's own recognizance if all of the following circumstances have been met: 1. The nature of the offense charged is not such that a danger to the community would exist if the juvenile were released. 2. There is no parent, guardian or other appropriate adult custodian to whom the juvenile could be released and all reasonable measures have been exhausted by either police or court personnel to locate and contact any such person. 3. The juvenile is at least 14 years of age. 4. The identity and address of the juvenile are verified through a positive form of identification, and 5. Reasonable certainty exists on the part of the releasing authority that upon release, the juvenile will return to school or home safely and will appear at his hearing. G. Short-term Custody Short-term custody shall not exceed 6 hours. Other factors involved can be found at NJSA 2A:4A-31 and 32. In non-delinquency situations, a juvenile can be taken into short term custody by a law enforcement officer without court order when: 1. The officer has reasonable grounds to believe that the heath and safety of the juvenile is seriously in danger and taking the juvenile into immediate custody is necessary for his protection. Juvenile Procedures V7 C2 6
2. The officer has reasonable grounds to believe the juvenile has left home and the care of his parents / guardian without their consent. 3. The law enforcement agency has been informed that the child has run away from an out-of-home placement. H. Holding cell Only in extraordinary situations involving juvenile delinquents who are assaultive, disruptive, and unmanageable or charged with a serious violent crime, shall the juvenile be held in a secure cell or holding room. When the above criteria are met, the juvenile must be: 1. Under constant face-to-face visual supervision by an officer; and 2. Have no regular contact with adults in secure confinement or detention. The term regular contact is defined as sight and sound contact with incarcerated adults. This prohibition seeks as complete separation as possible and permits no more than haphazard or accidental contact between juveniles and incarcerated adults. I. Juvenile Intake and Detention - Where juvenile complaints are to be signed and where incarceration may be necessary, this will be accomplished without delay by the Juvenile Detective or the on-call Detective if the JV Detective can't be reached (unless the juvenile is in need of emergency medical/psychiatric treatment). The officer will complete the initial investigation report and arrest report, and then turn over juvenile to the Juvenile Bureau. The Juvenile Detective will ensure that complaints are properly completed and signed for by the complainant. Also necessary is the completion of a Juvenile Detention Form. Two copies of the Investigation Report, Arrest Report and Detention form, together with the original and all copies of the complaint (minus the pink copy which is retained in the Juvenile Bureau) will be sent with the arrested juvenile to the Juvenile Detention Center. Immediate incarceration of a juvenile shall only be authorized by first contacting the Juvenile Intake Unit. 1. All complaints shall be screened with Juvenile Intake by the juvenile Detective. 2. Any juvenile complaints that are signed will be forwarded to the Bergen County Prosecutor's Office who can recommend any of the following: a. Juvenile Conference Committee b. Intake Screening Conference c. Juvenile Court 3. Detention of Juveniles: During normal business hours, if detention is necessary, the investigating officer shall notify the Juvenile Bureau. After normal working hours, the officer will contact the on-call Juvenile Detective. Once a juvenile has been detained in the Bergen County Juvenile Detention Center, a hearing will be held the following business day. a. No juvenile eleven (11) years of age or less may be placed in detention, unless charged with a first or second degree crime or arson. If the juvenile is under the influence of drugs and/or alcohol, they must first be examined at the hospital prior to transporting the juvenile to detention. b. When an arrest of a juvenile is made pursuant to a warrant stemming from a Title 39 Motor Vehicle Offense during the hours of 9:00 A.M. to 4:30 P.M., the arresting officer is to contact the Juvenile Bureau who in turn will contact the Bergen County Prosecutor's Office to arrange for immediate appearance of that juvenile before a judge of the Juvenile Procedures V7 C2 7
Superior Court, Family Section. If the arrest is made after those stipulated hours or on the weekend or holidays, the Juvenile Detective will determine whether or not to contact Juvenile Intake for possible incarceration at the Juvenile Detention Center. 4. Release on Own Recognizance (ROR): A juvenile may be released at police or court level if all of the following conditions are met: a. The nature of the offense charged is not such that a danger to the community would exist if the juvenile were released. b. No parent or other appropriate adult is located "after all reasonable measures have been exhausted." c. Juvenile is at least 14 years old. d. Identity and address of the juvenile verified "through positive form of identification." e. Reasonable certainty that juvenile will go home or to school and will appear at next hearing. IX. Initial Detention Hearing A juvenile placed into detention shall have a hearing no later than the morning following his placement in detention. On weekends and holidays, the hearing is usually held over the telephone between the Emergent Duty Judge, a detention center official, and the juvenile and his parent / guardian. On court days, the hearing is usually held in Hackensack, or it may be held via closedcircuit television between the court and the Detention Center. Attendance by a police officer is not usually required at the initial detention hearing. However, an officer can and should attend if there is any important information that should be given to the court concerning the reasons for continued detention or if the event involved a particularly serious or violent offense.
X. 2" Detention (Probable Cause) Hearing Juveniles placed in detention for a serious offense (as opposed to no available parent / guardian to whom the juvenile can be released into custody) are usually kept there until the next hearing which must be held no later than 2 court days (excluding weekends and holidays) from the date of the initial hearing. The juvenile must be represented by an attorney at this hearing. A determination of probable cause must also be made at this hearing that the court may continue detention. While in many cases the probable cause hearing is waived by the defense attorney, there can be no assurance of this. Therefore, it is essential that either the complaining officer, or another officer familiar with the facts of the case, be available to give testimony as to probable cause, if necessary. Contact with the police department is made by the juvenile section of the Prosecutor's Office. Following a finding of probable cause, the court holds another detention hearing in which the standards listed above are employed. Again, the presence of a police officer is often quite helpful and crucial in some cases in the court's determination to continue detention. A juvenile who is continued in detention must have his next detention hearing within 14 days of the prior hearing. Further detention review hearings must be held thereafter at intervals not to exceed 21 days.
XI. Adjudicatory Hearing (Trial) Trials in juvenile court are held in the same manner as any bench (non-jury trial). The juvenile must be represented by counsel in any case in which may result in institutional commitment. Juveniles have all of the constitutional rights as adults except the right to trial by jury, the right to bail, and the right to indictment. As in adult cases, the police officer can assist the Prosecutor's Office in juvenile matters by preparing accurate and detailed reports and obtaining necessary statements of major witnesses. In more major cases or those involving lengthy or complicated facts, the officer will probably be called upon by the A.P. for a pre-trial interview. The manner in which the officer provides testimony in juvenile matters is identical to adult trials.
XII. Waiver of Juvenile Cases The Prosecutor can petition the juvenile court to have that court waive its jurisdiction over a case and have the case referred to the Superior Court Law Division (adult court). This must be done within 30 days of the receipt of the complaint. The juvenile must be 14 years of age or older at the time of the offense and must have committed one the "target" violent crimes or C.D.S. offenses. There are also a number of other crimes or C.D.S. offenses. There are also a number of other situations in which a juvenile case can be waived. These can be found at NJSA 2A:4A-26. The court holds a hearing in which there is a presumption of waiver unless the juvenile can show that the likelihood of his rehabilitation prior to age 19 substantially outweighs the reason for waiver. The police officer can provide valuable assistance to the Prosecutor in several ways. First, he can contact the prosecutor to discuss those cases in which he feels that waiver may be appropriate. Second, he is usually called upon to provide the testimony in the probably cause determination which the court must make. Third, he can provide the prosecutor with valuable information concerning the background of a particular juvenile as it might pertain to a waiver decision.
XIII. Investigative Situations Involving Juveniles A. Fingerprints The law provides three situations in which finger prints of juveniles can be obtained, NJSA 2A:4A-61. One of these relating to a juvenile charged with a crime has been discussed (Sec. VIII). The second relates to juveniles who are committed to institutions. The third relates to latent fingerprints found during the investigation of an offense. When the officer has reason to believe they are those of a juvenile, he should first attempt to obtain the consent of the juvenile and his parent to have the juvenile fingerprinted. If consent is obtained, the prints can be taken. If not, consent can be obtained, the officer should contact the juvenile section of the Prosecutor's office to discuss the program. The officer prepares an affidavit outlining the reasons to believe the prints are those of the juvenile. The Prosecutor presents this to the court, and an order is obtained directing the juvenile to report to police headquarters for the purpose of being fingerprinted. The officer would be notified if any live testimony is required. The prints must be destroyed when the purpose for taking them has been fulfilled. Of course, if based on the prints the juvenile is charged with delinquency based on a crime, the prints can be retained. B. Photographs No juvenile under the age of 14 shall be photographed for criminal identification purposes without the consent of the court or of the juvenile and his parent / Juvenile Procedures V7 C2 9
guardian. When an officer wishes to photograph a juvenile (who has not yet been charged with delinquency based on a crime) for criminal identification purposes the procedure, is essentially the same as for fingerprints. One important distinction is that there is no requirement that a photograph of a juvenile must be destroyed. This means that photographs of juveniles may be retained by the police agency for future use. C. Other Non-testimonial Exemplars This would include handwriting, hair, saliva, blood, voice, etc. While there is no specific statute covering the obtaining of these exemplars from juveniles, it is assumed that similar considerations exist as in the case of adults. These procedures are discussed in Court Rule 3:5A Investigative Detention. It is suggested that requests for these types of exemplars be discussed with the juvenile section of the prosecutor's office on a case-bycase basis. D. Statements (Confessions) from Juveniles The following points are relevant to, and should be kept in mind when taking confessions from juveniles. Every effort should be made to confer with the juvenile and the parents or guardians to explain agency and juvenile justice system procedures with regard to custodial interviews. Since there are no hard and fast statutes or rules in this area, the following is based on case law, experience and common sense. 1. The requirements of Miranda v. Arizona, 384 U.S. 436 (1966) must be fully and scrupulously observed during the custodial interrogation of juveniles by law enforcement officers or by an individual acting as their agents. 2. Every effort should be made to insure the juvenile comprehension of these warnings by explaining the Miranda rights. A clearly explained waiver of these rights must be obtained from the juvenile prior to interrogation. In construing the validity of a waiver of constitutional rights by a minor, courts will consider the juvenile's age, education, mental capacity, background and prior criminal experience. Ideally, the Miranda warnings should be given to the juvenile in the presence of the parents / guardian and both the juvenile and parents / guardian sign a Miranda waiver form. 3. When a court considers whether a juvenile's confession was obtained after the proper Miranda warnings were given and a knowing and voluntary waiver thereto was made and whether the confession was voluntarily given, it does not have any hard and fast rules, but rather determines "totality of the circumstances". Since minors are considered more impressionable and easily subjected to psychological coercion than adults, a confession by a juvenile is generally held to a higher standard of voluntariness than one obtained from an adult under similar circumstances. 4. The interrogation of a youth, especially in an environment such as a police station, without his parent or guardian, is considered likely to have a harmful effect upon his mind and will. By their comforting presence, the parents are deemed capable of allaying the fear or pressure a juvenile, especially one of tender age, could experience in strange hands and in an unfamiliar setting. Therefore, whenever possible, the questioning of a minor should be conducted in the presence of his parent or guardian or of some other responsible adult with whom the juvenile feels comfortable. The questioning may proceed in the absence of a parent or guardian only if: a) The youth refuses to divulge his name and address, Juvenile Procedures V7 C2 10
b) They cannot be located after a diligent and good faith effort has been made to do so, c) They absolutely refuse to respond, d) They clearly and knowingly give their consent for the questioning to proceed in their absence. The preceding points should be carefully documented by the police and should be incorporated into the body of a written or transcribed confession. In no case should the police ever refuse to contact a parent or to refuse to admit them into the interrogation. In cases where the juvenile prefers to be questioned out of the presence of his parents (i.e.: in an embarrassing sex case) and the parents agree, this too should be documented and incorporated into the body of a written or transcribed confession. Additional Guidelines: A spontaneous confession by the juvenile is acceptable. However, the officer is not to further question the juvenile until he/she has given the juvenile his/her Miranda Rights in the presence of the parents/guardians. a. Interrogation is to be conducted by no more than two (2) officers, in the presence of parent/guardian, unless they give permission to interrogate the juvenile without their presence. In the event a parent or guardian gives permission to interrogate the juvenile without the parent/guardian being present, a taped recording or signed waiver by the parent or guardian should be done whenever possible, especially when interviewing juveniles under 14 years of age. b. The officer will explain the Juvenile Justice System procedures to the juvenile and parent/guardian. The Bergen County Prosecutor's Office Police Juvenile Officer Reference Manual will be consulted as a guide for the explanation. c. The interrogation will stop when requested by the juvenile or parent/guardian, or when no further information can be added to the statement. The interrogation should last for a reasonable amount of time taking into account the juvenile's age and physical and emotional state. The interview will not last longer than 2 hours. Water, meal and bathroom breaks will be provided if necessary. d. Situations involving school interviews or other third party interviews, where a school official or other non law enforcement officer conducts the interview and the officer stands by in silence, are prohibited. This type of interrogation should only be conducted after the juvenile and his/her parents have been notified of their rights and where the parents or guardians are present. 5. In determining the voluntariness of a juvenile confession, the court will consider the "totality of the circumstances". This consists of: a) The characteristics of the juvenile such as age, education, intelligence, previous exposure to law enforcement and capacity to assert and understand his right, and Juvenile Procedures V7 C2 11
b) The conduct of the police in terms of efforts to contact parents, threats or coercion, proper Miranda warnings and length and type of interrogation. Generally, a youth should not be questioned as long or as vigorously as the adult. Relay or extremely intensive interrogation should also be avoided. A juvenile should not be held in isolation for prolonged periods or denied food, drink or medical services. Force or coercive measures should not be employed. 6. Since juveniles are more susceptible to influence than adults, a higher level of corroboration is required. The trustworthiness of a statement made by a minor must be demonstrated by showing that its particulars were not the subject of suggestion by the authorities. The interrogator should not reveal all of the details of the incident to the youth, but rather should attempt to solicit as much information as possible about the offense from him. In the above discussion, the burden is on law enforcement to demonstrate that the rights of the juvenile have not been compromised. E. Polygraphing juveniles Juveniles can be subjected to polygraph examinations. Generally, the same considerations as cited in paragraph 4 are followed. Requests for assistance or questions in this area as they relate to juveniles can be directed to the polygraph unit of the Prosecutor's Office or to the Juvenile Section. F. Search and Seizure Juveniles have the same 4t1 Amendment rights pertaining to searches and seizures as do adults. Therefore, the same considerations apply. The one area in which special attention should be given is that of consent searches in which the consent of a juvenile is needed. Similar considerations apply as in the case of confessions (see section XIII, paragraph D.4 above). Any consent, should preferably be obtained in the presence of a parent. A juvenile's consent must be clear, unequivocal, intelligent and voluntarily given. A written waiver is preferred.
XIV. Release and Exchange of Information A. When a juvenile is charged with delinquency (or found to be part of a family crisis, see below), police records are covered by the provision of NJSAQ 2A:4A-60. This means that they "shall be strictly safeguarded from public inspection". They shall be made available only to: 1. The court or probation department, 2. The Attorney General or County Prosecutor, 3. The parents / guardian and to the attorney of the juvenile, 4. DYFS, if providing care of custody of the juvenile, 5. Any institution to which the juvenile is currently committed. Any other person or agency must obtain a court order to obtain or to inspect these records. Any questions or requests in this are should be directed to the juvenile section of the Prosecutor's office. B. Records of law enforcement agencies may be disclosed for law enforcement purposes to, and exchanged with, any law enforcement agency of this State, another state or the United States. The Juvenile Procedures V7 C2 12
statute makes it clear that nothing shall prohibit the establishment and maintenance of a central registry of the records of law enforcement agencies relating to juveniles for the purpose of exchange between state or local law enforcement agencies of the State. This presumably includes a computerized finger print retrieval system. C. In June 1994, NJSA 2A:4A-60 relating to the provision of information to school officials by law enforcement agencies was significantly expanded to facilitate the sharing of information. Law enforcement and prosecuting agencies can share information with school principals concerning juveniles under investigation if, in the opinion of the agency, this information would be of value to the principal in maintaining order, safety or discipline in the school Since this information precedes the filing of delinquency charges, it should be orally given to the principal so that no inadvertent retention or disclosure will be made. D. The law also requires that law enforcement or prosecuting agencies advise the principal of the school where the student is enrolled when: 1. The offense occurred on school property, on a school bus, or at a schoolsponsored function or was committed against an employee or official of the school. 2. The juvenile was taken into custody as a result of information or evidence provided by school officials; or 3. The offense resulted in: Death or serious bodily injury or an attempt, or conspiracy to cause the same, The unlawful use or possession of a firearm or other weapon, The unlawful manufacture, distribution, or possession with intent to distribute a CDS or CDS analog, The intimidation of an individual or group of individuals because of race, color, religion, sexual orientation or ethnicity. As to any other police records which relate to juveniles who have not been charged with delinquency nor found to be part of a juvenile-family crisis, the same rules apply concerning confidentiality as apply to any police record.
XV. Juvenile Family Crisis The definition of "Juvenile-Family Crisis" is at NJSA 2A:4A-22g. These matters formerly referred to as J.I.N.S. offenses include: incorrigibility, truancy, alcohol-related matters and other status (non-delinquent) offenses and behavior of juveniles. The police involvement in these matters usually is initiated by a call (usually at late hours) to respond to a location to intervene in an "out-of-hand" family situation involving a juvenile. The police response should be an attempt to resolve the problem. If this cannot be readily accomplished, the parties should be instructed to come to headquarters. The Bergen County Crisis Intervention Unit should then be immediately contacted. This is a 24-hour service. This unit is an arm of the Bergen County Department of Youth Services and is staffed by counselors who, either by telephone, or by direct response to police headquarters, attempt to resolve the problem. If the situation cannot be resolved at a local level, Crisis Intervention will make arrangements for the juvenile to be admitted to the Bergen Juvenile Procedures V7 C2 13
Youth Center. It should be noted that if the police officer is able to resolve the problem, the parties still should be referred to Crisis Intervention if it is felt that follow-up counseling is necessary
XVI. Relationship between Police and Prosecutor Conclusion A. In all matters relating to law enforcement, the police and Prosecutor must ideally have a close working relationship. This is especially important when dealing with juvenile matters due to the particular differences that exist between the juvenile and adult justice systems as described in this presentation. B. The Prosecutor's Office can assist the police by: 1. Providing current legal information and advice, 2. Obtaining court orders for fingerprints, photographs and other non-testimonial matters, 3. Keeping the police informed on the progress of a case, and 4. Attendance at monthly meetings of the Bergen County Juvenile Officers Association. C. The police can assist the Prosecutor by: 1. Providing accurate and complete complaints, 2. Timely submission of accurate and complete reports when requested, and 3. Contacting the Prosecutor's Office immediately upon receipt of subpoena to court.
XVII. Admissions to the Conklin Youth Center (CYC) or the Juvenile Detention Center The Juvenile Intake Office is responsible for monitoring admissions to the Conklin Youth Center (CYC) and the Juvenile Detention Center 24 hours per day. Except for non-delinquent out-of-country / state runaways, no juvenile is placed in the custody of the above facilities unless permission is granted by the Juvenile Intake Officer on duty. The Juvenile Detention Center is a secure shelter (lock-up) located in Paramus, NJ. The facility is designed to temporarily house youths under 18 years old who are awaiting court action and are detained after determination is made that they may not appear for court action, or that they may be a danger to themselves or others in the community. The Center provides a full range of education, social, health, religious, vocational, and recreational services. The Center is the responsibility of the Bergen County Department of Family Guidance. To place a juvenile in the Detention Center, the following must take place: A. A Juvenile Delinquency Complaint(s) is first signed by the local police or other law enforcement personnel within Bergen County. The police officer then contacts the Detention Center. The Detention Center takes the name and address of the police officer, and then contacts the on-duty Monitoring Officer. The Monitoring Officer will then contact the police officer and Juvenile Procedures V7 C2 14
take all the necessary information concerning the charge and circumstances of the offense to make a determination whether to place the juvenile in the Detention Center. 1. The Monitoring Officer should ask the police officer if the juvenile's parent / guardian were notified and what their response was to the juvenile's apprehension. 2. It is the responsibility of the Monitoring Officer to ask the police officer if the juvenile is in his custody. The juvenile must be in police custody before clearance can be given for admittance to the Detention Center. 3. It is the Monitoring Officer's responsibility to ask the police officer if the juvenile is presently under the influence of alcohol or drugs, and also inquire as to the juvenile's medical and mental condition. If the juvenile is under the influence or injured in any way, the police officer must have the juvenile cleared through Bergen Regional Medical Center Emergency Room before admitting the juvenile to the Detention Center. 4. Keep in mind that there are two primary reasons for placing a juvenile in Detention: it is necessary to secure the presence of the juvenile, and the safety of the community is seriously threatened. B. The police officer must prepare all the necessary complaint and paper work to admit the juvenile to the Detention Center. It is the police officer's responsibility to transport the juvenile to the Center with the necessary information. The Intake Officer will contact the Detention Center advising the Center to accept the juvenile when delivered by the police agency. C. On the following work day, it is the responsibility of the Detention Center personnel to transport the juvenile for a hearing in Hackensack before the Presiding Juvenile Judge. It is the responsibility of Detention personnel to bring all necessary papers to the court that were submitted by the local police department. The normal operating procedure for the Juvenile court is to have all Detention Detainees brought before the Court on the following work day morning at 9:00 a.m. The police officer's presence is not required. Please note the following additional information: 1. Occasionally we are faced with the situation where juvenile delinquency offenders who, depending on their age and circumstances, are eligible to be placed in the Conklin Youth Center rather than Detention. Example: 2. A shoplifting complaint is signed against a 15-year old juvenile who is a first offender and lives in Bergen County or a neighboring county. The police contact his / her parents who refuse to accept custody of the child. Under these conditions, the juvenile is not considered a threat to the community, is 15-years of age, and committed a minor offense. Considering the above facts, a viable alternative is placement at the CYC rather than in the locked facility at the Juvenile Detention Center. 3. No juvenile 11 years of age or under shall be placed in Detention unless he / she is charged with an offense which, if committed by an adult, would be a crime of the first or second degree, or arson.
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4. A person is considered to be 18-years old on the day of his actual birthday. 5. Occasionally, the person under arrest insists that he / she is under 18 years of age, and the police officer believes that the person is over age 18. Since, at the time of arrest, there is no way of proving age and identity and the person claims to be a juvenile, that person must be admitted to the Detention Center, not the Bergen County Jail.
XVIII. Juvenile Detention (Medical and Psychiatric Clearance) A. As indicated in previous instructions, Monitoring Officers should elicit enough information from police officers concerning the offense and circumstances in order to make a determination for the admittance to the Detention Center. If it is determined that the juvenile has threatened suicide or has other apparent psychiatric or medical symptoms; such as alcohol or drug withdrawal, you are aware that it is necessary for the police to receive clearance from the Bergen Regional Medical Center. When it is necessary to admit the juvenile to the Bergen Regional Medical Center, there seems to be some confusion on the part of some police officers and Monitoring Officers concerning the juvenile complaint(s) and other Detention paperwork. When a juvenile is admitted to the Bergen Regional Medical Center, the police agency must bring all paperwork to the Intake Officer the following work day prior to 9:00 a.m. B. After receiving the complaints, Intake will do the following: 1. Release the police officer. 2. Have the Court Office docket the complaint(s). 3. Have the Emergency Order of Admission drawn up and signed by the appropriate Emergent Judge* who gave his verbal telephone Order to the admitting doctor at the Bergen Regional Medical Center. 4. A copy of the Order is immediately sent to the Admitting office at the Bergen Regional Medical Center and the Detention Center. A copy is also retained in the Court file. 5. When the juvenile is discharged, he / she will be transferred to the Detention Center and then to Court the following work day at 9:00 a.m. *Emergent Judge: In order to admit a juvenile to the Bergen Regional Medical Center, it is necessary that the admitting doctor receive approval from the Emergent Superior Court Judge on duty. To contact the Emergent Judge, the police officer must do the following: 1. Call the Bergen County Sheriff's Department. 2. Brief the Sheriff's officer on duty concerning the juvenile complaint(s) and the condition of the juvenile. Give the admitting doctor's name and telephone number at the Bergen Regional Medical Center and request the Emergent Judge to telephone the doctor as soon as possible. 3. When the admitting doctor receives approval to admit the juvenile, the police officer's presence is no longer necessary.
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Note: The Juvenile Judge can be contacted during normal working hours Monday through Friday (except holidays) 8:30 a.m. to 4:40 p.m., concerning admission to the Bergen Regional Medical Center. C. The Conklin Youth Center (CYC) is located at 125 Essex St., Hackensack, NJ 07601. The CYC provides temporary shelter for youngsters who may have had some involvement with the law, who may have experienced abuse, who may be awaiting residential placement, or whose families are in crisis. The operation of the CYC is the responsibility of the Department of Family Guidance. D. When a family crisis matter is encountered or brought to the attention of a police officer, if possible, the officer should attempt to resolve the matter. If the crisis cannot be resolved, the police officer refers the matter to the Crisis Intervention Unit (CIU). If the CIU fails to resolve the crisis over the telephone, the CIU worker must respond in person at the police station and attempt to resolve the crisis with the family. If the crisis is not stabilized and the parent(s) refuse to take the juvenile home, and out-of-home placement (OHP) must be arranged with the CYC. E. In order to place the juvenile in the CYC, the following must take place: 1. The CIU worker must first contact the CYC and notify them that they wish to make an involuntary placement into the Shelter. The Youth Shelter will then contact the Monitoring officer on duty with the name and location of the CIU worker. The Monitoring Officer will then contact the CYC, advising the Staff to accept the juvenile. It is the responsibility of the CIU worker to make arrangements with the police department transporting the juvenile to the CYC. The CYC should furnish the police officer with a receipt for the juvenile. Once the juvenile is placed in the Conklin Youth Center, the police department is no longer involved with the family crisis. 2. After the juvenile is placed in the youth shelter he / she is brought to court the following work day at 1:30 p.m. At this time the Family Crisis worker and the parent(s) / guardian must appear in court before the Presiding Juvenile Judge. 3. As indicated previously, at times it is feasible to place a juvenile in the CYC who has committed a Juvenile Delinquency offense. However, as indicated, the juvenile must have committed a minor offense and the parents refused to take him / her home. When this situation occurs, the police officer directly contacts the Monitoring Officer through the Conklin Youth Center. The Family Crisis Unit is not involved in matters concerning Juvenile Delinquency offenses.
XIX. Non-delinquent Out-of-County / State Runaways: Runaways from another county or state, who are found in Bergen County and have not committed a delinquent act in Bergen County, may be taken into custody for up to six (6) hours by the police. When a runaway from another jurisdiction is taken into custody, the police will contact the police department in the jurisdiction where the juvenile resides. If it is determined that the juvenile is delinquent in that jurisdiction, the police from the jurisdiction in which the juvenile resides may request that the juvenile be held in Bergen County. This request must be Juvenile Procedures V7 C2 17
made formally through a written request to the local police in Bergen County. At this point, the apprehending authority will issue a Fugitive from Justice Complaint (2A:160-10) and contact the Detention Center. The Detention Center will contact the Monitoring Officer, who will follow normal operating procedures and contact the police officer for the child's placement in the Detention Center. If the local police learn that the runaway is non-delinquent or are not requested to hold the delinquent youth, the local police will attempt to reach the juvenile's parent(s) be unable to immediately pick up the youth, refuse to respond, or if the cannot be contacted, the CIU may be called to arrange temporary shelter at the Conklin Youth Center. The Juvenile Intake Monitoring Officer is not involved in the process of admitting a non-delinquent out-of-state runaway to the Shelter. The placing of a non-delinquent out-of-country / state runaway is entirely the responsibility of the police* and the CIU officer. After the CIU makes arrangements to place the non-delinquent runaway in the Shelter, the police officer is no longer involved with the runaway. The CIU then contracts DYFS who becomes responsible for returning the youth to his / her home. *In other counties, when a police officer encounters a non-delinquent out-of-county / state runaway, he must deal directly with the Emergent DYFS worker. As many police officers have experienced, it is very difficult to contact the Emergent DYFS worker, resulting in numerous hours of lost time. Because of the above difficulties, arrangements were made with the Department of Family Guidance to have the police officer deal directly with the CIU concerning non-delinquent runaways.
XX. Procedures for Handling Runaways: Protocol for Police and Other Agencies These guidelines should be used after routine procedures for handling runaways have been completed and the situation requires further attention. This protocol is not meant to replace any existing procedure, but instead to supplement and provide assistance when the presenting problem concerning a runaway continues to be unresolved. It is important for the following determinations to be made prior to seeking additional services: 1. Youth's place of residence 2. Youth's legal status (age, legally responsible parent or guardian, youth is a delinquent or non-delinquent)
XXI. Non-delinquent Runaways A. Bergen County residents found in Bergen County The Crisis Intervention Unit (CIU) may be reached as follows: Monday Thursday 9:00 a.m. 9:00 p.m.; Friday 9:00 a.m. 4:30 p.m. The CIU may be called for assistance when: 1. Youth refuses to return home. 2. Parents refuse to accept youth into the home or to assume responsibility for the youth. 3. Other extenuating circumstances arise concerning the youth's return to his / her home. Juvenile Procedures V7 C2 18
B. When a Crisis Counselor is contacted, a determination will be made to the necessity for an Out-of-Home Placement (OHP) in the Conklin Youth Shelter. If an OHP appears to be required, the worker will meet with the youth and family at the police station. The worker will attempt to engage the family in counseling to avoid an OHP and a court appearance. When alternatives have been explored and exhausted, the Crisis Counselor will contact Family Court Intake to request authorization of a temporary placement in the Conklin Youth Shelter. Transportation to Conklin must be provided by the police. A court hearing will be scheduled on the next business day a 1:30 p.m. C. Out-of County / State Residents found in Bergen County The CIU may be called for assistance when: 1. The youth's parent / guardian cannot be located. 2. The youth parent / guardian is unable or unwilling to assume custody and responsibility for their child within the six hour custodial limit. 3. Other extenuating circumstances arise concerning the youth's return to his / her own home. D. When the situation is brought to the attention to the CIU, the Crisis Counselor must confirm that the out-of-country / state runaway is a non-delinquent in Bergen County, that there is a need for temporary placement in the CYS, and that the police have attempted to contact the parent or guardian to arrange for the youth to be returned home. After the worker has confirmed the need for placement, he / she will gather the necessary background information and proceed to arrange for placement in the CYS. In these situations, the Crisis Counselor is permitted to handle the situation over the phone. (The Crisis Counselor must contact Family Court Intake and notify DYFS.) When all arrangements have been made, the police will be required to provide transportation to the shelter. A court hearing will be required in the event that youth must remain in Conklin longer than an overnight stay.
XXII. Delinquent Runaways A. Bergen County residents found in Bergen County When runaway youths are found to be adjudicated delinquent, on probation or to have pending charges of delinquency, it is the responsibility of Family Court Intake to determine the appropriate placement for the youth. B. Out-of-county / state runaways found in Bergen County: 1. Delinquent acts have been committed in New Jersey: Runaways who are found in Bergen County shall be referred directly to Juvenile Intake which will place them in the Juvenile Detention Center. At a 24-hour review hearing, the judge shall determine the course of action to be taken in each case. The CIU is not involved with these cases. 2. Delinquent Acts have been committed out-of-county / state: When a runaway from another jurisdiction is taken into custody, the police will contact the police department in the jurisdiction where the juvenile resides. If it is determined that Juvenile Procedures V7 C2 19
the juvenile is delinquent in that jurisdiction, the police may request that the juvenile be held in Bergen County. At this point the apprehending authority will issue a Fugitive from Justice Complaint (2A:160-10).
XXIII. Special Service Needs A. Child Abuse Whenever a police officer has reason to suspect that a runaway has been abused by his / her parent or guardian, DYFS must be contacted. B. Psychiatric Problems When the apprehending authority encounters a situation in which a runaway youth appears to require emergency psychiatric evaluation or treatment, the Psychiatric Emergency Screening Program (PESP) for Bergen County should be called. If a parent or guardian is not available or is unwilling to cooperate by authorizing or providing transportation for the emergency psychiatric evaluation or treatment, the Crisis Intervention Unit may be called upon to supply emergency authorization. C. Medical Problems When a need for emergency medical treatment is encountered, a procedure may be followed that is similar to the above guidelines, but which will direct the apprehending authority to the Emergency Room at Bergen Regional Medical Center or nearest hospital. D. Problem Resolution When these guidelines have failed to resolve the presenting problem concerning a runaway youth, an officer should contact the Juvenile Officer or Detective Bureau supervisor. XXIV. Ramsey Police Department Stationhouse Adjustment Guidelines A. Stationhouse Adjustments - A stationhouse adjustment is an alternative method that law enforcement agencies may use to handle first-time juvenile offenders who have committed minor juvenile delinquency offenses within their jurisdiction. The intent of the stationhouse adjustment program is to provide for immediate consequences, such as community service or restitution and a prompt and convenient resolution for the victim, while at the same time benefitting the juvenile by avoiding the stigma of a formal juvenile delinquency record. In many instances, this early intervention will deter the youth from continuing their negative behavior and divert the youth from progressing further into the juvenile justice system. In a stationhouse adjustment, the juvenile officer typically asks the juvenile, a parent or guardian / caregiver, or other responsible adult designated by the parent or guardian / caregiver (herein referred to as "designee") and the victim to come to the stationhouse to discuss the offense. The officer may refer a juvenile for needed services, and, if property has been stolen or damaged, require the juvenile to make restitution in some form. Usually the officer will discuss the offense with the juvenile's parent or guardian/caregiver and request assurances that the juvenile will not commit any future offenses. This process allows juvenile officers to resolve minor disputes without the need to file a complaint with the court. Victims of minor offenses are often better served since a matter can be resolved locally, providing for a more efficient and expeditious resolution. However, it is important to give the victim the opportunity to have input. Juvenile Procedures V7 C2 20
Furthermore, the victim always has the right to sign a complaint if he or she objects to a stationhouse adjustment. B. Mandatory Availability of Stationhouse Adjustments - All municipal and other law enforcement agencies having patrol jurisdiction within the State of New Jersey shall make stationhouse adjustments available as a method of handling minor juvenile delinquency offenses within their jurisdiction. The goal of standardized guidelines and use of a more uniform method of diverting eligible juveniles is to promote equality within the justice system by providing equivalent access to police diversionary programs regardless of domicile. Stationhouse adjustments shall be conducted in accordance with the standards set forth below. A model stationhouse agreement is attached hereto. Local stationhouse adjustment policies may be modified to account for the availability of local resources and community service opportunities, but all law enforcement agencies having patrol jurisdiction must implement the minimum stationhouse adjustment process described herein regardless of the availability of such resources. As set forth in the "Quarterly Reports" section of these guidelines, these guidelines require the submission to each County Prosecutor's Office of aggregate data regarding stationhouse adjustments in quarterly reports. This information is not contained in UCR reports. If the County Prosecutor finds that stationhouse adjustments are not being conducted by a particular law enforcement agency, the Prosecutor or his or her designee shall, after consultation with the Chief Law Enforcement Executive of that agency, take immediate steps to implement a stationhouse adjustment program for that agency. C. Stationhouse Adjustments to be performed by Juvenile Officers - It is strongly recommended that designated juvenile officers should perform stationhouse adjustments. These officers are best suited by training and experience to handle these matters. In instances where no juvenile officer is available it is recommended that the officer or detective handling the case should consult with a juvenile officer prior to conducting a stationhouse adjustment. However, if no juvenile officer is available to consult with or conduct a stationhouse adjustment the stationhouse adjustment should be conducted nevertheless. D. List of Available Referral Agencies - The police shall provide, and agencies shall make available, existing lists of referral agencies, contacts and telephone numbers to which officers may refer juveniles. Such lists are usually available from County Youth Services Commissions, the Division of Criminal Justice, Juvenile Justice Commission, or other sources. Referrals may be made in conjunction with a stationhouse adjustment, but are not limited to the stationhouse adjustment process and may be provided immediately, before the process is completed. E. Offenses to be considered for Stationhouse Adjustment - Ordinance violations, petty disorderly persons offenses and disorderly persons offenses shall be considered for stationhouse adjustment. Fourth degree offenses may also be considered for stationhouse adjustment if the juvenile has no prior record that is known to the law enforcement agency. F. Excluded Offenses - The following offenses are not subject to stationhouse adjustment and should result in the filing of a juvenile delinquency complaint: 1. Offenses involving the use or possession of a controlled dangerous substance or drug 21
paraphernalia as defined under Chapters 35 or 36 of the Criminal Code shall not be adjusted without permission of the County Prosecutor's Office, as these offenses may be evidence of a more serious drug problem requiring intervention by the Family Court. 2. Bias offenses shall not be adjusted without permission of the County Prosecutor's Office. 3. Sexual Offenses shall not be adjusted without permission of the County Prosecutor's Office. 4. Offenses resulting in serious and/or significant bodily injuries shall not be adjusted without permission of the County Prosecutor's Office. Such permission should only be given in cases where the criminal intent of the offender is in doubt and the injuries were unintended. 5. Third degree offenses shall not be adjusted without permission of the County Prosecutor's Office. 6. Offenses shall not be adjusted if the law enforcement agency is aware that the juvenile has other charges already pending before the court. 7. Offenses shall not be adjusted when the juvenile is currently on probation, parole, home detention or other court ordered disposition.
Every law enforcement agency having patrol jurisdiction is required to designate at least one sworn officer to handle and coordinate juvenile matters. A ttorney General Executive Directive 19901, page 12-3 Designation of Juvenile Officers.
G. Other factors to be considered - Police shall also consider the following factors when determining the appropriateness of conducting a stationhouse adjustment: Police shall consider the age of the offender. Younger offenders, particularly those who may be less able to understand the consequences of their actions may be more appropriate for stationhouse adjustment. However, no juvenile offender is automatically excluded due to age. 1. Police shall consider any record of prior juvenile complaints or stationhouse adjustments. Juveniles with a prior serious offense or more than two minor offenses should ordinarily not receive a stationhouse adjustment. 2. Police shall consider the cooperation and attitude of all parties (juvenile, parents or guardians / caregivers, or designee and victim). H. Minimum Required Procedures - At a minimum, a Stationhouse Adjustment shall consist of: 1. The law enforcement officer warning the juvenile about the future consequences of continued delinquent activity. Officers shall discuss possible Family Court dispositions such as fines, probation, loss of driver's license and incarceration. In addition, officers shall discuss the possible impact of a delinquency record, including fingerprint records and DNA records on future career options. 2. The law enforcement officer must notify the juvenile's parents or guardian / caregiver about the matter. A parent or guardian / caregiver or designee must be present. If a parent or guardian chooses to designate another adult (the designee) to attend the stationhouse adjustment with the juvenile, that person must be a responsible adult designated by the juvenile's parent or guardian / caregiver, such as a trusted relative, pastor or other mentor. In the event that a parent or guardian / caregiver does not respond to the law enforcement Juvenile Procedures V7 C2 22
agency's inquiries, the designee may not be chosen by the juvenile or by the law enforcement agency. The willingness of a parent or guardian / caregiver or designee to participate in this process and act in partnership with law enforcement to hold the child accountable for his or her actions is vital to the success of a stationhouse adjustment. 3. If there is a known victim of the alleged offense, the victim must be notified and agree to the process. Where appropriate, victims should be informed that this process is a more efficient and expeditious process that enables a matter to be resolved locally. A stationhouse adjustment may proceed without the active participation of a victim, but shall not proceed over the objection of a victim. A victim who objects to a stationhouse adjustment should be permitted to sign a juvenile delinquency complaint, unless the complaint is clearly frivolous or lacking in probable cause, in which case, the police officer has the discretion pursuant to N.J.S.A. 2B:12-21(b) to refuse to accept the complaint. 4. The juvenile shall agree not to offend again and the juvenile and his or her parent or guardian/caregiver or designee shall be informed that a subsequent offense, or the failure to comply with agreed upon terms of the stationhouse adjustment agreement, may result in the filing of a juvenile delinquency complaint for the offense which has been the subject of the stationhouse adjustment. 5. The law enforcement officer shall complete a stationhouse adjustment form which must be signed by the juvenile and a parent or guardian/caregiver or designee. Two sample stationhouse adjustment forms are attached to these Guidelines. Law enforcement agencies may use either form, a form prescribed by the County Prosecutor, or develop their own form for this purpose.
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A sample warning form is attached to these guidelines.
I. Suggested Additional Techniques - Many police departments have been creative in developing additional stationhouse adjustment techniques that provide an additional degree of accountability and responsibility. Law enforcement agencies employing stationhouse adjustments pursuant to these guidelines are authorized to use other reasonable techniques to enhance the effectiveness of such adjustments. Examples: Some departments incorporate mediation into the process to assist in resolving neighborhood disputes. Departments also require juveniles to agree to make restitution in appropriate cases. This requires an additional time commitment on the part of the law enforcement agency to follow-up as needed. Restitution plans should be simple and short-term to avoid involving the law enforcement agency in drawn-out collection efforts. Some officers have asked the juvenile's parents, guardian / caregiver or designee to agree to deny the juvenile driving privileges for some period of time as part of the agreement.
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A countywide program run through a private nonprofit, County Youth Services Commission or other governmental agency_ to which police departments may send juveniles to perform some type of corhmunity service can be utilized as part of a - stationhouse adjustment. Performance of community service within the juvenile's municipality. Letters of apology or essays on the criminal justice topics are frequently requested by departments to force the juvenile to consider the consequences and the effect of his / her conduct on others. J. Quarterly Reports - In addition to maintaining necessary departmental records on each stationhouse adjustment, each law enforcement agency having patrol jurisdiction within the State of New Jersey shall submit quarterly reports of all stationhouse adjustments conducted by that agency to their County Prosecutor's Office. Since one of the primary benefits to a juvenile of a stationhouse adjustment is the avoidance of the creation of a juvenile delinquency record, no personal identifying information should be submitted in the quarterly reports. For each stationhouse adjustment the quarterly report shall contain: juvenile's age at time of the offense, ethnicity (as reported by the juvenile), gender, the alleged offense and, if no stationhouse adjustment is conducted, indicate the reason(s) as provided on the form. County Prosecutors' Offices shall retain copies of the quarterly reports for five years. A copy of the quarterly report form is attached to these guidelines.
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Appendix A
RPD Sample Stationhouse Adjustment Agreement Long Form

(Must be read to juvenile and parent / guardian / caseworker / designee) Case No.: Ethnicity* Date of Incident: D.O.B. Age Juv. ID No.: Sex: M / F
* I. Caucasian 2. Black 3. Hispanic 4. Asian/Pacific Islander 5. American Indian 6. Southern Asian 7.

(If ethnicity is not apparent, ask the subject or her/his parent/guardian/caregiver/designee.)
Juvenile Parent(s) / Guardian / Caregiver / Designee Address Offense I wish to have this matter handled through the process of a stationhouse adjustment. I understand that if I am accepted by the program, a juvenile delinquency complaint will NOT be filed against me with the Superior Court, provided that the below terms and conditions of the program are satisfied. Parent or Guardian / Caregiver or Designee's and Juvenile's Initials:
I understand that I have a right to discuss this matter with an attorney at law of my choosing. However, I also understand that the court will not appoint an attorney for me prior to the filing of a juvenile complaint and it is my responsibility to obtain my own attorney if I wish. I further understand that I do not have to discuss this matter with anyone, including members of the Police Department before I have an opportunity to discuss this matter with an attorney, if I choose to do so. Parent or Guardian / Caregiver or Designee's and Juvenile's Initials:
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I understand that participation in the stationhouse adjustment program is completely voluntary. I further understand that I may end my involvement in the program at any time and have my case proceed in the Family Court as a juvenile delinquency matter. However, in order to participate in the program I must admit and do admit my involvement in the aforementioned offense(s), for which I was taken into custody. Parent or Guardian / Caregiver or Designee's and Juvenile's Initials: (lof 4)
I understand that I have the right to have my matter processed by the Family Court and a request a hearing or a trial. By agreeing to participate in the stationhouse adjustment program, I am waiving my right to a hearing or trial in this matter, provided that the below terms and conditions are satisfied. Parent or Guardian / Caregiver or Designee's and Juvenile's Initials:
I understand that information regarding this incident may be released to any other law enforcement agency, the Family Court, and / or any agency or department connected to the Family Court.
Parent or Guardian / Caregiver or Designee's and Juvenile's Initials:
, agree that I will abide by the following terms

(j uvenile' s name)
and / or conditions of the stationhouse adjustment program: Terms and Conditions 1
2.
3.
4. Juvenile Procedures V7 C2 26
5.
(2of 4)
RPD Juvenile's Certification

(Read to Juvenile) , do hereby certify that I have
(juvenile's name)
read this entire agreement. I agree to the terms and conditions of this agreement and wish to have the above-captioned offense(s) processed by the stationhouse adjustment program. I make this decision freely and voluntarily, and I have not been forced or coerced in any manner.
Juvenile's Signature
Date
RPD Certification of Parent(s), Guardian / Caregiver(s) or Designee(s)

(Read to Parents / Guardian / Caregiver / Designee) I / we, , do hereby certify that I / we are the
parent(s) or guardian/caregiver(s) or designee(s) of I / we have read the entire agreement between my child and the stationhouse adjustment program prior to my child signing the agreement. I have assisted my child in reading this form if it was necessary and have explained the form to my child and have answered any questions that he or she may have had. I / we do hereby agree to support his/her participation and compliance in the program and will enforce this agreement by informing the police department of any violations of its terms and/or conditions.
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Signature of Parent, Guardian, Caregiver or Designee
Date
Signature of Parent, Guardian, Caregiver or Designee
Date (3of 4)
RPD Certification of Victim / Complainant

(Read to Complainant)
I agree to have the above juvenile offense handled through the stationhouse adjustment program.
Signature of Victim / Complainant (or telephone authorization)
Date
RPD Certification of Law Enforcement Officer

I hereby certify that I have read this agreement. I have checked or caused to be checked the juvenile's prior history and have determined that the juvenile is a suitable candidate for the stationhouse adjustment program.
Signature of Law Enforcement Officer
Date
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(4 of 4)
Appendix B
RPD Sample Stationhouse Adjustment Agreement Short Form

(Must be read to juvenile and parent / guardian / caseworker / designee) Case No.: Arresting Officer: Complainant: Juvenile: Ethnicity* D.O.B Age Date of Incident:
* I. Caucasian 2. Black 3. Hispanic 4. Asian/Pacific Islander 5. American Indian 6. Southern Asian 7.

(If ethnicity is not apparent, ask the subject or her/his parent/guardian/caregiver/designee.)
Parent(s) / Guardian(s) / Designee:
Address:
Offense:
I
(complainant / victim)
agree to have the juvenile listed
above guided through the stationhouse adjustment program by the Ramsey Police Department cannot be law enforcement agency. I understand that
(juvenile's name)
prosecuted before the juvenile court if the juvenile fulfills the conditions agreed below.
I
(juvenile's name)
admit to my involvement in
29
this offense. I also waive my right to a trial in this matter and elect that the above offense be adjusted by the law enforcement agency in this community instead of filing a juvenile complaint with the court. I agree to abide by the following:
(1 of 2)
Terms and Conditions
1.
2.
3.
Signatures: Victim / Complainant: (or telephone authorization)
Parent / Guardian / Designee:
Juvenile:
Officer / Detective:
Date:
30
(2of 2)
Appendix C
RPD Model Stationhouse Adjustment Warning

Juveniles and their parents, guardians or caregivers or responsible adult designee who participate in a stationhouse adjustment should be warned that any further delinquent offenses may result in serious consequences. A stationhouse adjustment is a substantial benefit to the juvenile, which permits the juvenile to avoid those consequences. However, this benefit is rarely extended to a juvenile more than once. Possible consequences of delinquent acts: Juveniles who are charged with serious offenses, or who cannot be relied on to voluntarily appear at future court dates, may be held in detention while awaiting adjudication. Juveniles do not have a right to bail. A juvenile delinquency record will be created that will be accessible statewide. While juvenile records are for the most part confidential, records of certain juvenile arrest or adjudications may disqualify a juvenile from owning a firearm or obtaining employment in law enforcement or other sensitive positions. Juveniles who are 14 or older and charged with a crime will be fingerprinted and photographed. All juveniles, regardless of age, who are adjudicated delinquent for an offense that would be a crime if committed by an adult will be fingerprinted and will have to provide a DNA sample. Both the fingerprints and DNA will be maintained in state and federal databases. Serious juvenile offenses will require adjudication by the Family Court. Adjudication is the process by which a judge decides whether a juvenile should be found to have committed a delinquent offense. Juveniles do not have a right to a jury trial but they do have a right to an attorney. If a family is not indigent, the judge may order the family to pay for an attorney to represent their child in serious cases. If a juvenile is adjudicated delinquent, the court then must order a disposition. A disposition is similar to the sentence that is imposed on an adult criminal. Some of the most common dispositions are incarceration, short-term incarceration, probation, fines, 31
restitution, driver's license suspension or postponement, community service, or mandatory attendance at some type of treatment program. In some circumstances, the judge may also order parents / guardians to participate in the disposition or to pay for the juvenile's treatment.
Appendix D
RPD Stationhouse Adjustment Quarterly Report
Law Enforcement Agency: Name of Person Completing Report: Date:

St
Ramsey Police Department
nd
Check Quarter:
E
1 January 1 - March 31
rd
2 April 1 - June 30
th
3 July 1 - September 30
LI
4 October 1 - December 31
th
Completed reports must be submitted to the County Prosecutor's Office by the 15 day of month following the close of each quarter. Complete one line of this report for each stationhouse adjustment (1) considered and accepted (2) considered and rejected and (3) completed (including unsuccessful terminations) by your agency during the quarterly reporting period. Indicate the outcome of the adjustment by entering the appropriate code in column five. Codes are listed at the bottom of this form. Age at Time of Offense Ethnicity (enter code) Sex
Prior
Contact
Statutory Citation Offense Adjusted
Outcome (enter code)
32
Age at Time of Offense
Ethnicity (enter code)
Sex
Prior Contact
Statutory Citation Offense Adjusted
Outcome (enter code)
Notes: Race 1. Caucasian 2. Black 3. Hispanic 4. Asian / Pacific Islander American Indian 6. Southern Asian 7. Other (specify above) 5.
Prior Contacts
Indicate "Y" or "N" for any prior juvenile delinquency complaints or stationhouse adjustments. Indicate statutory citation for offense adjusted. If the offense is an ordinance violation simply write in "ordinance."
Statutory Cite
Outcome 1. Successfully completed 2. Parent / guardian / caregiver not available or refused participation 3. Juvenile refused participation 4. Victim insisted on a formal complaint 5. Not adjusted due to lack of resources 6. Juvenile either committed a new offense or did not complete terms of adjustment agreement, resulting in the filing of a juvenile delinquency complaint 7. Agency considered and rejected stationhouse adjustment
(Attach additional sheets as necessary.)
33
(2 of 2) Appendix E
RPD Juvenile Court Intake Service Form
Borough of Ramsey Police Department

25 North Central Avenue Ramsey, NJ 07446 201-327-2400
Bryan H. Gurney Chief of Police
Juvenile Court Intake Service Hackensack, NJ
Dear Sir, Enclosed please find the Juvenile Petitions in the matter of:
Remarks:
We respectfully request that this matter be referred to: ( ) Juvenile Court ( ) Intake Conference ( ) Juvenile Conference Committee Sincerely,
Juvenile Procedures V7 C2 34
Detective Brad Smith Juvenile Officer, Ramsey Police Department
Appendix F
RPD Release on Own Recognizance

CAD # I, , am a juvenile under the age of residing at
eighteen but at least fourteen years of age (D.O.B.) the following address: (Street)) (City) (State)
(Zip)
Do hereby acknowledge that I have been informed by the Ramsey Police Department that I am alleged to have committed the following offenses:
on the
of
20
I will return to school or home safely, pending the possible further action of the juvenile and domestic relations court of the County of Bergen, State of New Jersey. Should there be no further action on the part of that court, I do hereby agree to the best of my ability to prevent, if possible, any additional act on my part that may be considered wrongful. Date
Juvenile signature
35
Officer Witness
Appendix G
RPD Release on Own Recognizance

CAD # I, of years, residing at the following address, , am the parent, guardian or custodian , a juvenile under the age of eighteen
Do hereby acknowledge that I have been informed by the Ramsey Police Department that the said juvenile is alleged to have committed the offense(s) of:
on the
day of
, 20
I do hereby accept the release of said juvenile into my custody pending further action of the Bergen County Superior Court, Family Division, and should there be no future action on the part of said Court, do hereby agree to supervise the future activities of said juvenile to the best of my ability so as to prevent, if possible, any additional acts on the juvenile's part that might be construed as being wrongful.
Date
Parent, Guardian, or Custodian

36
Officer Witness
Appendix H
RPD Juvenile Bureau - Information File Card

Note: For information purposes only. This Information Card shall be filled out in typewritten
form and submitted with each report pertaining to any juvenile contact. CASE # NAME:
ADDRESS:
SCHOOL: RACE: COMPLEXION: SEX: HEIGHT: EYES:
GRADE: WEIGHT: HAIR:
HOME PHONE: FATHER'S NAME: FATHER'S ADDRESS (if different):
CELL PHONE:
HOME PHONE: MOTHER'S NAME: MOTHER'S ADDRESS (if different): HOME PHONE:
CELL PHONE:
CELL PHONE:
37
MISC:
LOCATION OF INCIDENT:
NATURE OF INCIDENT:
DISPOSITION OF INCIDENT: DATE: SIGNATURE OF OFFICER: TIME:
38

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Ramsey Police Department - Policies General Order: Juvenile Procedures V7 C2

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I I

RAMSEY POLICE DEPARTMENT - POLICIES GENERAL ORDER

Number of pages: Distribution:

Attachments 4/8/09 11/11/09

D/Sgt. Alcaro Chief Gurney Chief Gurney

Reviewed by: Det. Brad Smith

Reviewed Date: April 8, 2009

A sample warning form is attached to these guidelines.

RPD Sample Stationhouse Adjustment Agreement Long Form

* I. Caucasian 2. Black 3. Hispanic 4. Asian/Pacific Islander 5. American Indian 6. Southern Asian 7.

Parent or Guardian / Caregiver or Designee's and Juvenile's Initials:

, agree that I will abide by the following terms

and / or conditions of the stationhouse adjustment program: Terms and Conditions 1

RPD Juvenile's Certification

RPD Certification of Parent(s), Guardian / Caregiver(s) or Designee(s)

Signature of Parent, Guardian, Caregiver or Designee

Signature of Parent, Guardian, Caregiver or Designee

RPD Certification of Victim / Complainant

Signature of Victim / Complainant (or telephone authorization)

RPD Certification of Law Enforcement Officer

Signature of Law Enforcement Officer

RPD Sample Stationhouse Adjustment Agreement Short Form

* I. Caucasian 2. Black 3. Hispanic 4. Asian/Pacific Islander 5. American Indian 6. Southern Asian 7.

Parent(s) / Guardian(s) / Designee:

agree to have the juvenile listed

Terms and Conditions

Signatures: Victim / Complainant: (or telephone authorization)

Parent / Guardian / Designee:

RPD Model Stationhouse Adjustment Warning

RPD Stationhouse Adjustment Quarterly Report

Law Enforcement Agency: Name of Person Completing Report: Date:

Statutory Citation Offense Adjusted

Outcome (enter code)

Age at Time of Offense

Ethnicity (enter code)

Statutory Citation Offense Adjusted

Outcome (enter code)

(Attach additional sheets as necessary.)

RPD Juvenile Court Intake Service Form

Borough of Ramsey Police Department

Juvenile Court Intake Service Hackensack, NJ

Detective Brad Smith Juvenile Officer, Ramsey Police Department

RPD Release on Own Recognizance

Borough of Ramsey Police Department

RPD Release on Own Recognizance

Borough of Ramsey Police Department

Parent, Guardian, or Custodian

RPD Juvenile Bureau - Information File Card

SCHOOL: RACE: COMPLEXION: SEX: HEIGHT: EYES:

GRADE: WEIGHT: HAIR:

HOME PHONE: FATHER'S NAME: FATHER'S ADDRESS (if different):

DISPOSITION OF INCIDENT: DATE: SIGNATURE OF OFFICER: TIME:

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