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1 The Juveile Court Judge Pesylvaia Juveile Deliquecy Bechbook COMMONWEALTH OF PENNSYLVANIA Juveile Court Judges Commissio

2 The Juveile Court Judge The preparatio of this Bechbook was supported by Pesylvaia Commissio o Crime ad Deliquecy (PCCD) Subgrat 2004-PC-ST-14497, awarded by the PCCD to the Ceter for Juveile Justice Traiig ad Research, ad Subgrat 2002/2003/2004/2005-J , awarded by the PCCD to the Natioal Ceter for Juveile Justice. The awarded fuds origiate with the Office of Justice Programs, U.S. Departmet of Justice. Poits of view or opiios cotaied withi this documet are those of the authors ad do ot ecessarily represet ay official positio, policy or view of the PCCD or the U.S. Departmet of Justice. Suggested citatio: Pesylvaia Juveile Court Judges Commissio 401 Fiace Buildig Harrisburg, PA (717) Pesylvaia Juveile Court Judges Commissio. (Jauary 2008). Pesylvaia Juveile Deliquecy Bechbook. Harrisburg, PA: Pesylvaia Juveile Court Judges Commissio.

3 The Juveile Court Judge Foreword This revised versio of the Pesylvaia Juveile Deliquecy Bechbook, which icorporates the recetly adopted Rules of Juveile Court Procedure for Deliquecy Matters, is iteded to serve as a practical tool for workig judges throughout this Commowealth, offerig them coveiet access to all the iformatio they eed to effectuate the uderlyig purposes of the Juveile Act: Cosistet with the protectio of the public iterest, to provide for childre committig deliquet acts programs of supervisio, care ad rehabilitatio which provide balaced attetio to the protectio of the commuity, the impositio of accoutability for offeses committed ad the developmet of competecies to eable childre to become resposible ad productive members of the commuity. To the extet that the revised Bechbook fulfills its iteded purpose, thaks go to pricipal author Patrick Griffi of the Natioal Ceter for Juveile Justice ad all of the members of the Juveile Deliquecy Bechbook Committee who have helped to make it a reality. This is your book please use it ofte! Judge Arthur Grim i

4 The Juveile Court Judge Ackowledgmets The revised Pesylvaia Juveile Deliquecy Bechbook beefited from the assistace of may idividuals, icludig all of the members of the Juveile Deliquecy Bechbook Committee, who helped to shape, review, ad edit its cotets. Kristy Coors of the Natioal Ceter for Juveile Justice was resposible for desktop publishig ad layout, ad other NCJJ staff members helped with copy-editig ad idexig of the fial product. ii

5 The Juveile Court Judge Juveile Deliquecy Bechbook Committee Ho. Arthur E. Grim, Chair Presidet Judge, Berks Couty Ho. Fred P. Athoy Seior Judge, Erie Couty Ho. Emauel A. Cassimatis Seior Judge, York Couty Ho. Kim Berkeley Clark Admiistrative Judge, Family Court Divisio, Alleghey Couty Ho. Kevi M. Dougherty Admiistrative Judge, Family Court Divisio, Philadelphia Couty Ho. Joh C. Uhler Admiistrative Judge, York Couty Mr. James Aderso Juveile Court Judges' Commissio Mr. Keith Syder Juveile Court Judges' Commissio Ms. Susa Blackbur Juveile Court Judges' Commissio Ms. Valerie Beder Natioal Ceter for Juveile Justice Ms. Patricia Torbet Natioal Ceter for Juveile Justice Mr. Patrick Griffi, Reporter Natioal Ceter for Juveile Justice iii

6 iv The Juveile Court Judge

7 The Juveile Court Judge Table of Cotets Foreword... i Ackowledgmets...ii Judicial Bechbook Committee... iii Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 The Juveile Court Judge... 1 The Charge for Pesylvaia s Juveile Justice System... 9 Overview of Pesylvaia s Juveile Justice System The Origis ad Developmet of Pesylvaia Juveile Courts 3-2. Basic Juveile Justice Structure ad Fudig 3-3. Statistical Overview of Case Processig Commecemet of Proceedigs, Itake ad Iformal Adjustmet Judicial Authority Over the Juveile Court s Frot Door 4-2. Commecig Proceedigs: Writte Allegatio Procedures 4-3. Outlie of the Itake Screeig Process 4-4. The Boudaries of Deliquecy Jurisdictio 4-5. Veue i Deliquecy Cases 4-6. Itake Cofereces 4-7. Iformal Adjustmet Detetio The Purpose ad Place of Secure Juveile Detetio i Pesylvaia 5-2. Pre-Hearig Detetio i Geeral 5-3. Detetio Itake ad Iformal Hearigs 5-4. Detetio Facilities 5-5. Alteratives to Secure Detetio 5-6. Detetio to Protect the Commuity 5-7. Detetio to Esure Attedace at Hearigs v

8 The Juveile Court Judge 5-8. Extraordiary ad Exceptioal Circumstaces Justifyig Detetio 5-9. Post-Adjudicatio Detetio 5-10 Duratio of Detetio Chapter 6 Chapter 7 Chapter 8 Chapter 9 Trasfer To ad From Crimial Proceedigs Trasfer to Crimial Proceedigs i Geeral 6-2. Statutory Requiremets for Discretioary Trasfers 6-3. Trasfer Hearigs 6-4. Trasfer at the Juveile s Request 6-5. Cosequeces of Trasfer 6-6. Trasfer from Crimial Proceedigs Pre-Adjudicatory Procedures Petitios 7-2. Attorey Represetatio 7-3. Discovery 7-4. Motio Procedures 7-5. Summoses, Notices, ad Subpoeas 7-6. Preservatio of Testimoy The Adjudicatio Hearig Timig of Hearigs 8-2. Geeral Coduct of Hearigs 8-3. Public Attedace at Hearigs 8-4. Hearig Procedures 8-5. Admissios 8-6. Coset Decrees 8-7. The Victim s Place 8-8. Accommodatig Youg Witesses Deliquecy ad Dispositio Determiatios Deliquecy Dispositios i Geeral 9-2. The Social Study ad Other Dispositioal Aids 9-3. Dispositio Hearigs vi

9 The Juveile Court Judge 9-4. Victim Iput at Dispositio 9-5. Securig Paretal Cooperatio ad Ivolvemet 9-6. Dispositio Optios i Geeral 9-7. Probatio 9-8. Restitutio ad Commuity Service 9-9. Depedecy Dispositios Commitmet Dispositios Ivolvig Special Populatios Chapter 10 Post-Dispositio Review Dispositio Review i Geeral Probatio Eforcemet Probatio Modificatio ad Revocatio Moitorig ad Plaig for the Retur of Juveiles i Placemet Termiatio of Court Supervisio Chapter 11 Juveile Court Admiistratio The Role of the Admiistrative Judge Makig Good Use of Judicial Resources Safeguardig Juveile Records Promotig Accoutability for Performace ad Outcomes Sources of Further Iformatio Idex/Checklists Subject Idex Idex of Statutes Idex of Rules Hearig Checklists vii

10 The Juveile Court Judge

11 The Juveile Court Judge The Juveile Court Judge Judge Emauel Cassimatis 1 So you are a Juveile Court Judge. How did that come about? Are you a judge i a oejudge couty, so you have to preside over all the cases that come before the court? Perhaps you are a judge i a multi-judge couty ad you have bee assiged to hadle juveile court cases. Maybe this assigmet is for several years ad you will be rotated out with aother judge replacig you i the rotatio process. The, agai, you may have bee hadlig juveile court cases by request ad choice, with the itetio of remaiig i juveile court for at least five years. Regardless how you have come to preside over juveile cases, you are goig to be resposible for presidig over cases ad, perhaps, also overseeig the etire juveile deliquecy program ad operatios i your couty. A juveile court judge must brig passio, commitmet ad skills to the job. Oe thig is clear. There is othig you will be doig that will be more importat tha your juveile court assigmet. The opportuity ad challege to you is to do the best possible job you ca. How you will do your job will largely determie ot oly the processig of the juveile deliquecy cases i your couty, but how well the juveile probatio departmet does its job; ad, most importatly, whether the itervetio of juveile court i the lives of the juveiles who come before you will promote commuity safety, victim restoratio, ad youth redemptio, the overarchig missio of juveile justice i Pesylvaia. To sum up. I the fial aalysis, how you came to this assigmet does ot matter. But, how you do your job will matter a great deal. We hope you will fid the suggestios ad ideas i this chapter helpful to you i your assigmet. A good place to begi would be to look at the basic qualities a juveile court judge should have ad cultivate. They are: passio, commitmet ad skills. These are the attributes of a successful juveile court judge. Passio ivolves a itese emotioal drive ad ethusiasm for workig i juveile justice. This is more iate, but ca be leared as oe gais uderstadig of the promise ad opportuities of a balaced ad restorative juveile justice system. Commitmet is the dedicatio of oeself to doig the best possible job as a juveile court judge, ad, eve more, a commitmet to excellece. It is both geeral ad specific. It is geeral i the sese of seeig to it that there are allocated to admiisterig juveile justice cases i the couty sufficiet resources icludig judicial time, adequate court ad 1

12 The Juveile Court Judge hearig rooms, traied ad committed juveile probatio officers, district attoreys, public defeders, ad victim witess service providers, ad a adequate array of dispositioal alteratives from which the judge ca make a positive dispositioal choice, ad ot the best of the offerig of bad choices. It is specific i that the judge must be certai that there is devoted to each case before him or her eough time ad iformatio so that the judge ca do his or her job uhurried, thoughtfully, ad egagig all ivolved i a positive way as parters i achievig successful outcomes. Skills refers to the judicial court judge gaiig proficiecy ad expertise i all of the matters touchig upo juveile justice, ad it is a ogoig, ever completely achieved goal. This is leared, ad ot iate. It, of course, ivolves the provisio of due process, a kowledge of crimial law, ad costitutioal safeguards, ad proper decisio-makig i hearig juveile complaits. But it meas more: how to relate to the juveile, his/her parets, ad other perso(s) actig i the role of parets to the juveile; the victim, the ivolutary ad hurt participat i the system; police ad other witesses; juveile probatio staff; the school system; ad service providers. All must be egaged i a positive way that will motivate ad eable them to uderstad their role ad the juveile justice system s expectatio if ot demad that they play out their role competetly ad with itegrity, ethusiasm ad commitmet. The judge must also be costatly alert to improvig his or her ability to relate to others to egage them i a way that promotes ad eables their ethusiastic support, as well as to learig the vast array of dispositioal alteratives, icludig placemet resources ad commuity based services. The latter would iclude idividual ad family couselig, victim assistace ad couselig, icludig mediatio, ad metal health ad metal retardatio, drug ad alcohol, school, ad metorig services. If there are gaps i the offerig of these services i the commuity, the judge should lear how to egage ad lead the commuity to udertake the establishmet ad provisio of such eeded services. Thus the judge eeds to be egaged i the ogoig process of developig skills which, whe coupled with passio ad commitmet, will eable the judge to carry out his or her resposibilities. There are three roles to play. The first is as a judge presidig over assiged cases. Here the judge will ot oly determie whether the charges agaist the yougster have bee prove, but will also have to set i motio ad supervise the program of supervisio, care ad rehabilitatio which provide[s] balaced attetio to the protectio of the commuity, the impositio of accoutability for offeses committed, ad the developmet of competecies to eable [the juveile] to become [a] resposible ad productive [member] of the commuity. The secod role is the resposibility for operatios of the juveile probatio departmet. (I couties where there is more tha oe judge assiged to juveile court, this resposibility may be that of the assiged admiistrative judge of juveile court.) I this role, the judge may be as active a participat as he or she wishes. Where there is a outstadig Chief Juveile Probatio Officer ad a well fuctioig departmet, there will be much less demad o the time ad attetio of the judge tha where these stregths are lackig. I the latter case, the judge will have to be very actively ivolved i the operatios, morale ad improvemet of the 2

13 The Juveile Court Judge fuctioig of the departmet. I either situatio, the judge must bed every effort to see to it that there are sufficiet moetary resources available to hire, trai, ad keep highly motivated staff ad sufficiet well-traied ad fuctioig support staff. The judge must assure welltraied, highly motivated ad fuctioig prosecutors (district attorey staff) ad defese cousel (public defeders or specially appoited cousel) are i place. Emphasis will have to be placed o obtaiig adequate techology ad the traiig required for its use; costat updatig o the latest prove ad successful techiques o supervisio of cliets; ad awareess of various prove ad ew treatmet programs that must be provided. Adequate space withi which the juveile justice departmet fuctios must also be provided. Excellece must be demostrated by the way the judge does his/her job ad the judge s expectatio, ideed demad, all who iteract with the judge do their job i the same maer. Fially, but ot the least, the judge must assure that all the players i the juveile justice system, as well as those comig i cotact with it, are treated with courtesy, respect ad civility, both i ad outside the courtroom. The third, ad perhaps most difficult, role the judge will have to play is that of a commuity eergizer ad eabler. The priciples of balaced ad restorative justice require the commuity to play a larger role throughout the juveile justice process. It was ot too log ago that the commuity role was simply, passive, to expect the safety of the public ad perhaps to isist that law eforcemet, the police, ad the juveile court authorities did their job to assure public safety. There was, however, o offer or expectatio that the commuity had a much larger role to play, a active role. We ow kow that o commuity ca simply deped upo law eforcemet ad juveile court to keep the commuity safe from ad successfully deal with juveile offeders. The commuity that wats to deal successfully with juveile offeders must become actively ivolved i all aspects of the commuity s juveile world. Iitially, it ivolves the commuity idetifyig the risk behaviors ad protective factors i the commuity (Commuities that Care). Emphasis should be placed o prevetio programs, which must begi i the earliest school, ad eve pre-school, years. There should be wholesome activities for the youth that will attract ad keep them actively ivolved developig prosocial values ad outlets; diversioary programs that will eable eighborhoods to deal with youthful offeders early o-life threateig misdeeds ad redirect them to positive, law abidig lives. Schools must provide a learig opportuity that will attract ad keep studets i school util graduatio. The busiess ad idustrial commuity ca provide jobs that will prepare youthful offeders to lear how to become job-ready ad get ad keep a job while they are earig moey to pay their restitutio to the victims they have wroged ad caused a loss. Commuity service will permit the juveile to repay the commuity he/she has wroged where there is o moetary loss caused by his/her trasgressio. The commuity ca provide commuity based programs that will offer eeded services to juveiles ad their families istead of sedig such juveiles out of the commuity ito program placemets that are ot oly costly but less effective i dealig with the juveile ad the family ad eighborhood because of the juveile s separatio from the commuity. Egagig the schools, religious istitutios, character buildig orgaizatios, service clubs, ad eighborhoods to become actively ivolved i idetifyig, helpig, metorig ad socializig juveile offeders is critical to success. Also importat, the commuity must establish a eviromet i which the youth will grow that will istill i them by example mutual respect for the persohood of every oe 3

14 The Juveile Court Judge regardless of race, color, creed, atioal origi, or geder. This is ot a all-iclusive list. There are more that a creative judge ca idetify with a egaged commuity. The iitial challege to the judge is how to egage the commuity. A judge who has bee a active member of the commuity prior to the electio to the bech ca build o the umerous cotacts developed durig that time. The judge who was ot so actively ivolved will fid that it is ot that difficult to reach out. Iitially, the commuity respects eormously the positio of judge. The egagemet ca begi by speakig to various groups, educatig them to the priciples of balaced ad restorative justice ad the commuity s role i implemetig them; for example, the Chamber of Commerce, Maufacturers Associatio, Coucil of Churches, PTAs, service clubs ad other commuity, civic, educatioal, ad religious orgaizatios. The Chief Juveile Officer ca be a big help i suggestig to the judge the type of commuity iitiatives that could provide a good begiig, such as eighborhood youth paels ad commuity group coferecig programs. After the iitial cotact, the judge will fid it easier to cotiue the egagemet, to lead the commuity to accept a role, ad, ideed, resposibility i carryig out the priciples of the balaced approach. Staff support will be eeded. Fudig for the commuity meetigs, services iput ad program operatios will be required. Grats are readily available. The Chief Juveile Probatio Officer will have to draft the proposal. The judge will give the directio ad elist the eeded support of the Couty Commissioers for the grat proposal. A commuity that is ivolved i decidig what the role of the commuity should be ad what programs should be created or maitaied will much more easily provide the support ad get the approval of the Couty Commissioers for such iitiatives. Commuity ivolvemet leads to commuity owership. Meaigful commuity ivolvemet leads to meaigful commuity owership. The judge ca make this happe. Ideed, he or she is probably the oly oe who ca make it happe. The judge should ot overlook the importace of beig certai the media, prit, radio, ad televisio, kow ad uderstad the geeral priciples of the Juveile Act ad especially the goals of balaced ad restorative justice. With this uderstadig their reportig about the fuctioig of juveile justice, geerally, or i a specific case, will be related i a way that is likely to promote a positive attitude to the fuctioig of juveile justice i the commuity. Two ways the judge ca go about this are: media reporters attedig juveile hearigs ad the judge meetig with media persoel idividually, or preferably, regular backgroud meetigs with media persoel discussig the issues of juveile justice that are importat for them ad the larger commuity to uderstad. Media reporters may, of course, atted juveile hearigs that are ope to the public. But there is o reaso why they should ot also be permitted to atted ad report about closed hearigs, so log as they do ot report i a way that would disclose the idetity of the juveile ivolved. If the judge coducts the hearig i a way that all the participats, juveiles, parets, attoreys, victims ad other iterested parties, clearly uderstad what is happeig ad why, there will be o eed for ay additioal explaatio to the media reporters. This process ca promote the public s uderstadig of the operatio the juveile justice i their commuity by 4

15 The Juveile Court Judge havig access to ews reports by reporters who persoally covered the hearig. Of course there is o guaratee that such reports will be writte i a way we would have writte such reports, but they most likely will be writte i a way that lifts a little higher the veil of secrecy ad lack of uderstadig of juveile justice. Backgroud meetigs with media represetatives ca be arraged by the judge mothly, bimothly, or some other regular basis. These could be Dutch treat lucheo or dier meetigs. The judge ca preset over a series of meetigs the various sigificat provisios of the Juveile Act that they ad the commuity should be sure to uderstad. Other topics could ad should iclude: the priciples of balaced ad restorative justice; the roles of the family, the commuity, ad the juveile justice system; the availability or lack of adequate facilities, persoel, ad time to eable juveile justice system to do its job well; the importace of prevetio; adequate commuity based programs that serve the eeds of the juveile, pre-ad post-deliquecy adjudicatio; the ew emphasis o the restoratio ad uderstadig of the victim; the eed for the schools to be able ad willig to play their part i both prevetio ad treatmet; ad the ew role the commuity must play for the balaced approach to work. The judge ca expad this list accordig to the specific eeds of the commuity. The media represetatives should be ecouraged at these backgroud meetigs to ask questios ad brig up topics for discussio at future meetigs. These meetigs should be off the record. This would ot prevet reporters from reportig i a story or series o ay of the subjects discussed at the backgroud meetigs. It is importat that the editorial writers ad city editors also atted. With such attedace will come a icreased uderstadig of juveile justice ad related matters that will be reflected i their ews stories as well as editorials ad colums. Fially, ad perhaps of paramout importace, the culture of juveile justice i the commuity is critical. The juveile ad his/her family, the victim, school, police, eighbors, ad service providers must come away from their experiece i juveile court with respect for juveile justice as a istitutio. The court s ivolvemet must produce a aura that promotes this respect ad, is it too much to expect, reverece for juveile justice. The persoal appearace ad ivolvemet of the judge as distiguished from masters, leds sigificatly to this aura; that is, that juveile justice is so importat that it requires the judge s persoal ivolvemet ad ot just a attorey/master. Of course, there will be the eed for masters where the judge simply does ot have ad caot make sufficiet time to preside at detetio hearigs ad other situatios covered i the Juveile Court Judges Commissio s Stadards Goverig the Use of Juveile Court Masters (see discussio at 10-2). But, we must recogize that the o-presece of the judge i ay court appearace/hearig seds a powerful message to all ivolved that this is ot that importat to require the actual presece of a judge. The district attoreys ad public defeders or other assiged defese cousel must carry out their roles i a way that promotes respect for juveile justice. The hearig rooms ad facilities allocated for juveile court use must be adequate. If they are t, this lack or deficiecy agai delivers a powerful message to those ivolved, that is, juveile justice is ot that importat; it gets secod class status o the allocatio ad use of judicial facilities. Not oly the courtrooms must be adequate, but victim/witess waitig rooms ad iterview rooms must be reasoably adequate. 5

16 The Juveile Court Judge I short, the majesty of the law of juveile justice must be istilled i all ivolved. If it is, the promotio of the priciples of balaced ad restorative justice will be greatly facilitated. If it is t, it will be difficult to overcome the impressio that our coduct, that is the lack of priority of judicial time, staff, ad facilities, speaks louder tha all our protestatios that the ivolvemet of the juveile ad his family ad others is of top priority i the dispesig of juveile justice by our courts. I coclusio, here are a few do s ad do ts that express the role of the judge. DO s 1. Approach each case with ethusiasm ad as a opportuity as well as a duty to achieve the missio of the juveile justice system: commuity protectio, victim restoratio ad youth redemptio. 2. I schedulig cases, allow sufficiet time for each case without rushig through or eve appearig to do so. Brig the hearig to a urushed coclusio ad ot a abrupt stop whe the time allotted for the case has expired. 3. Articulate clearly the court s expectatios of all ivolved: the juveile, parets/family, juveile probatio officer, cousel, school, victims services, ad resource providers. 4. Hold all ivolved i the case accoutable for accomplishig their specific goals/ assigmets. Review iterim reports, moitor to make sure everyoe is o track to reach their goals i a timely maer. 5. Treat everyoe with respect ad courtesy ad isist all ivolved do the same. 6. Treat each cotact with the juveile ad family as a opportuity to eable the child to advace i his/her program of supervisio, care, ad rehabilitatio. 7. Treat each cotact with a crime victim as a opportuity to affirm the importace of his or her iput ad participatio throughout the juveile justice process. 8. Create ad maitai a culture i the commuity that iforms the commuity of its role i carryig out the priciples of balaced ad restorative justice ad eables ad leads the commuity i doig so. This icludes special attetio to establishig a close liaiso with school authorities that eables coordiatio of policies ad programs. 9. Joi with other juveile court judges i costatly strivig to improve juveile justice i Pesylvaia; for example, attedig ad actively participatig i meetigs of the Juveile Court Sectio of the Pesylvaia Coferece of State Trial Judges ad The Pesylvaia Coferece o Juveile Justice 10. Be iformed o all ew developmets i the law ad treatmet programs/resources i juveile justice. Help to create ew programs where eeded, especially i the commuity. 11. Create ad maitai or eable the creatio ad maiteace i juveile court of a aura of the majesty of the law that istills the respect of all ivolved. 6

17 The Juveile Court Judge DON Ts 1. Udertake the duties of a juveile court judge with less tha a 100% passioate commitmet to demadig excellece of yourself ad all those ivolved i workig with juveile ad family; i.e., the attoreys, juveile probatio officers, victim ad other service providers ad school persoel. 2. Always assume the juveile is the root cause of the problem that brigs this juveile ito court. Rather, always cosider the role of the family, school, ad commuity as both a cotributor to the cause of the juveile s actios as well as resources for accomplishig commuity protectio, victim restoratio ad youth redemptio. 3. Go ito a case uprepared or allow others ivolved to do so. 4. Overlook the importace of positive feedback ot oly to the juveile ad family but to others ivolved as well; i.e., the juveile probatio officer, attoreys, victim, ad school ad resource persoel. 5. Miss ay opportuity to commuicate with the commuity about their role i the juveile justice process. 6. Overlook shortcomigs or failures i performace of their roles by the various players i juveile justice. Rather, iform them, privately at first, of their shortcomigs ad failures ad importace of improvemet to the overall juveile justice system. 7. Feel ay oe perso/program is idispesable i workig with the juveile ad family. All, icludig the judge, are replaceable. Traiig ad foresight will assure successful successio. This should ot be a excuse for uecessary ad avoidable staff turover of those ivolved i the case. 8. Expect feedback, especially positive. Lear to have cofidece i how you are doig your job. 9. Expect a perfect outcome i all cases, but do ot give up tryig. 10. Expect to rotate out of a juveile court assigmet i less tha two years or preferably i less tha 5 years. 7

18 8 The Juveile Court Judge

19 The Charge for Pesylvaia s Juveile Justice System 2 The Charge for Pesylvaia s Juveile Justice System I the 1990s, early every state i the atio eacted harsh ew measures agaist juveile crime. Faced with a apparet epidemic of serious ad violet juveile offedig with juveile arrests for Violet Crime Idex offeses climbig steeply from 1988 through 1994, the year the wave fially peaked ad bega to fall away 1 states respoded by curtailig juveile court jurisdictio over serious crimes, sweepig youger ad youger offeders ito crimial courts ad adult prisos, 2 ad dismatlig cofidetiality ad other protectios traditioally afforded to youg people i trouble with the law. 3 Pesylvaia s Juveile Act purpose clause is rooted i the philosophy of restorative justice. Pesylvaia approached the problem differetly. Act 33, eacted i Special Sessio No. 1 of 1995, did effectively redraw the jurisdictioal boudaries betwee the juveile ad crimial courts, placig a umber of violet feloies o the crimial side of the lie. (See the discussio at 4-4.) But ulike its couterparts i other states, Act 33 made a more fudametal ad thoughtful chage reorietig the juveile justice system itself, expadig the circle of cliets whose iterests it serves, ad broadeig its stated purposes to iclude more comprehesive goals. Why do we have juveile courts? What are they for? Act 33 provided a whole ew aswer: Cosistet with the protectio of the public iterest, to provide for childre committig deliquet acts programs of supervisio, care ad rehabilitatio which provide balaced attetio to the protectio of the commuity, the impositio of accoutability for offeses committed ad the developmet of competecies to eable childre to become resposible ad productive members of the commuity. This purpose clause i the Juveile Act is rooted i the philosophy of restorative justice, which gives priority to repairig the harm doe to crime victims ad commuities, ad which defies offeder accoutability i terms of assumig resposibility ad takig actio to repair harm. The balaced attetio madates i The Juveile Act provide the framework for implemetig restorative justice i Pesylvaia s juveile justice system. Also at the foudatio of this madate is the cocept that crime victims ad the commuity, as well as juveile offeders, should receive balaced attetio ad gai tagible beefits from their iteractios with Pesylvaia s juveile justice system. 9

20 The Charge for Pesylvaia s Juveile Justice System BALANCED AND RESTORATIVE JUSTICE FOUNDATION PRINCIPLES Commuity Protectio The citizes of Pesylvaia have a right to safe ad secure commuities. Accoutability I Pesylvaia, whe a crime is committed by a juveile, a obligatio to the victim ad commuity is icurred. Competecy Developmet Juveiles who come withi the jurisdictio of Pesylvaia s juveile justice system should leave the system more capable of beig resposible ad productive members of their commuity. Idividualizatio Each case referred to Pesylvaia s juveile justice system presets uique circumstaces ad the respose by the system must therefore be idividualized ad based upo as assessmet of all relevat iformatio ad factors. Balace As appropriate to the idividual circumstaces of each case, Pesylvaia s juveile justice system should provide balaced attetio to the protectio of the commuity, the impositio for accoutability for offeses committed, ad the developmet of competecies to eable juveiles to become resposible ad productive members of their commuities. Victims of crime, the commuity, ad the juveile offeders should, as well, receive balaced attetio from the juveile justice system ad each should gai tagible beefits from their iteractios with the system. 10

21 The Charge for Pesylvaia s Juveile Justice System The ew purpose for Pesylvaia s juveile justice system evisioed ew roles ad resposibilities for judges, juveile justice system professioals, crime victims, ad commuities, i additio to juveile offeders. Subsequetly, other sigificat evets icluded: I 1997, the Juveile Advisory Committee of the Pesylvaia Commissio o Crime ad Deliquecy adopted a missio statemet ad guidig priciples for Pesylvaia s juveile justice system i order to guide the operatio ad shape the policy of the system. I 2000, Pesylvaia s Crime Victims Act was ameded to expad the Victim s Bill of Rights to iclude provisios relatig to victims of juveile offeders. As a result, the Crime Victims Act ow requires that victims of crimes committed by juveile offeders have the opportuity to actively participate i the juveile justice process. Through the passage of the amedmets cotaied i Act 33 of Special Sessio No. 1 of 1995 ad the 2000 amedmets to the Crime Victims Act, Pesylvaia s juveile justice system has dramatically stregtheed its respose to juveile crime. I 2001, the Juveile Advisory Committee was reamed the Juveile Justice ad Deliquecy Prevetio Committee ad was charged with expaded duties for plaig ad coordiatio withi Pesylvaia s juveile justice system. I cojuctio with the developmet of a strategic pla for Pesylvaia s juveile justice system, the Committee reaffirmed its commitmet to the 1997 missio statemet ad stregtheed the defiitios of the terms comprisig this missio statemet as well as the accompayig guidig priciples. Give their importace i helpig judges uderstad the values uderlyig Pesylvaia s juveile justice system, the Missio Statemet ad Guidig Priciples adopted by the Juveile Justice ad Deliquecy Prevetio Committee are set forth i their etirety o the followig pages. Judges are ecouraged to refer to them i all aspects of their work i Juveile Court. These cocepts are a ivaluable frame of referece for a Juveile Court Judge; whether i the courtroom, i evaluatig the effectiveess of a juveile probatio departmet, or i efforts to provide leadership i the commuity. 11

22 The Charge for Pesylvaia s Juveile Justice System Pesylvaia s Juveile Justice Missio Statemet Commuity Protectio refers to the right of all Pesylvaia citizes to be ad feel safe from crime. Victim Restoratio emphasizes that, i Pesylvaia, a juveile who commits a crime harms the victim of the crime ad the commuity, ad thereby icurs a obligatio to repair that harm to the greatest extet possible. Youth Redemptio embodies the belief that juveile offeders i Pesylvaia have stregths, are capable of chage, ca ear redemptio, ad ca become resposible ad productive members of their commuities. Furthermore, all of the services desiged ad implemeted to achieve this missio ad all hearigs ad decisios uder the Juveile Act ideed all aspects of the juveile justice system must be provided i a fair ad ubiased maer. The Uited States ad Pesylvaia Costitutios guaratee rights ad privileges to all citizes, regardless of race, color, creed, geder, atioal origi or hadicap. 12

23 The Charge for Pesylvaia s Juveile Justice System GUIDING PRINCIPLE #1 COMMUNITY PROTECTION Our Belief: The citizes of Pesylvaia have a right to be ad feel safe from crime. Guidig Priciples: Pesylvaia s juveile justice system shall: Protect the commuity from kow juveile offeders with a particular emphasis o protectig their victims through a wide rage of prevetio, treatmet, supervisio ad cotrol optios that correspod to the risks preseted by idividual juveile offeders, ad which iclude a cotiuum of sactios, icetives ad cosequeces that are developmetally appropriate ad best suited to the eeds of the offeder. Reduce recidivism by juveile offeders. Assist juveile offeders i developig the capacity to act lawfully ad resposibly. Structure juveile offeders time i productive activities that beefit the commuity ad/or provide opportuities for competecy developmet. Remove from the commuity those offeders who pose risks that caot be maaged effectively i a commuity settig. Assist parets ad guardias of juveile offeders i settig clear expectatios for, ad i moitorig the behavior of, their childre. Ecourage ad support iformal systems of social cotrol icludig families, schools, eighborhoods, faith commuities ad youth-servig orgaizatios i settig clear expectatios for, ad i moitorig the behavior of, childre. Icrease feeligs of citize safety ad cofidece i the juveile justice system. 13

24 The Charge for Pesylvaia s Juveile Justice System GUIDING PRINCIPLE #2 VICTIM RESTORATION Our Belief: I Pesylvaia, a juveile who commits a crime harms the victim of the crime ad the commuity, ad thereby icurs a obligatio to repair that harm to the greatest extet possible. Guidig Priciples: Pesylvaia s juveile justice system shall: Esure that the harm to the crime victim ad the commuity is uderstood ad cosidered by the decisio makers throughout the juveile justice process. Iform crime victims about their rights, their cases, ad the juveile justice process. Provide crime victims with access to a wide rage of support ad services ad/or eable crime victims to actively participate i their cases. Require that commuity service performed by juveile offeders is of value to crime victims ad commuities. Operate the juveile justice system so that victims of juveile crime regard the system as resposive, fair ad just. Esure that juveile offeders uderstad that crimes have cosequeces. Esure that juveile offeders uderstad the impact of their crimes o their victims ad their commuities. Hold juveile offeders accoutable for restoratio of crime victims ad commuities to their pre-crime status, to the greatest extet possible. Esure that parets ad guardias uderstad the impact of crimes committed by their childre. Require juveile offeders, their parets ad guardias to fulfill legal obligatios to crime victims, the commuity ad the juveile justice system. 14

25 The Charge for Pesylvaia s Juveile Justice System GUIDING PRINCIPLE #3 YOUTH REDEMPTION Our Belief: Juveile offeders have stregths, are capable of chage, ca ear redemptio, ad ca become resposible ad productive members of their commuities. Guidig Priciples: Pesylvaia s juveile justice system shall: Assess the stregths, eeds, iterests ad skills of juveile offeders. Idetify or provide resources to build o those stregths, iterests ad skills ad to address those eeds. Egage juveile offeders i activities that develop measurable competecies desiged to eable them to become resposible ad productive members of their commuities ad provide the support ad assistace ecessary to eable juveile offeders to successfully complete these activities. Assist parets ad guardias of juveile offeders i ivolvig their childre i activities that develop measurable competecies ad/or which make a positive cotributio to the commuity. Elist employers, educators ad others to provide juveile offeders with opportuities for competecy developmet. Eable juveile offeders to demostrate competecies. Egage juveile offeders i activities that are of value to crime victims ad commuities. Icrease opportuities for juveile offeders to iteract with positive adult role models. Operate a system that accused ad adjudicated juveile offeders regard as resposive, fair ad just. 15

26 The Charge for Pesylvaia s Juveile Justice System GUIDING PRINCIPLE #4 JUVENILE JUSTICE SYSTEM OPERATIONS Our Belief: Pesylvaia s juveile justice system shall be drive by its missio, focused o outcomes, ad measured by its performace. Guidig Priciples: 16 Pesylvaia s juveile justice system shall: The juveile justice system must provide developmetally appropriate ad effective prevetio, itervetio ad treatmet programs. Every decisio made ad every service offered by the juveile justice system must be desiged to provide balaced attetio to the eeds of the commuity, the victim ad the offeder i a ubiased ad fair maer. The juveile justice system must have sufficiet capacity, i terms of staffig ad program resources, to achieve its missio. The juveile justice system must have strog ad resposible leadership. The juveile justice system must have a stable ad sufficiet fudig base that supports all aspects of service delivery. I tur, the system must be held accoutable for the resposible expediture of fuds. Local commuities provide the greatest resource i both prevetig ad respodig to juveile crime. The participatio of commuity members ad orgaizatios i all aspects of juveile justice must be ecouraged ad commuity members must be provided with basic iformatio o the fuctio of the juveile justice system, its missio ad guidig priciples. The juveile justice system must be part of a strog ad itegrated etwork of service systems, sice either the juveile justice system or ay other system ca address all the eeds of victims, offeders, at-risk juveiles ad the commuity. Educatioal failure ofte shapes ad cotributes to deliquet behavior. The juveile justice system must work to meet the educatioal eeds of all juveile offeders, with a particular emphasis o providig year-roud educatio ad traiig opportuities for youths i residetial placemet ad a successful trasitio to the commuity. cotiued...

27 The Charge for Pesylvaia s Juveile Justice System The juveile justice system must make placemet decisios based o a assessmet of the juveile offeder, iput from the crime victim, cosideratios of commuity safety ad the least restrictive alterative priciple. Whe out-of-home placemet for juveile offeders is warrated, placemets should be made to treatmet facilities that whe ad as appropriate provide for the cotiued ivolvemet of the family i the treatmet process. The juveile justice system must provide effective aftercare for every juveile offeder i residetial placemet. Aftercare plaig ad services must begi whe the juveile eters placemet ad must iclude ogoig cotact with the juveile, his or her family, ad commuity resources while the juveile is i placemet ad followig release. Timely ad accurate iformatio ehaces the quality of decisio-makig ad is crucial to a effective juveile justice system. Sufficiet data collectio, data maagemet ad research capabilities are critical to system coordiatio, program moitorig, evaluatio ad proactive plaig to meet the eeds of the future. The juveile justice system must cotiually icrease the effectiveess of programs. The juveile justice system must emphasize the developmet of comprehesive approaches to reduce the disproportioate represetatio of miority youths i Pesylvaia s juveile justice system ad as crime victims. Juveile offeders ad their families, crime victims ad the commuity must be served by highly traied, competet ad carig staff who are prepared to respod appropriately with sesitivity to idividual ad cultural differeces ad who treat all cliets with respect, courtesy ad digity. All juveile justice professioals who serve crime victims, the commuity, juveile offeders ad their families must be treated with respect ad digity, have clearly established expectatios ad stadards for performace, be evaluated regularly ad be compesated appropriately ad fairly for their work. 17

28 The Charge for Pesylvaia s Juveile Justice System ENDNOTES 1 Syder, Howard. (2002). Juveile Arrests OJJDP Juveile Justice Bulleti. Washigto, DC: Office of Juveile Justice ad Deliquecy Prevetio. 2 Griffi, P., Torbet, P., ad Szymaski, L. (1998). Tryig Juveiles as Adults i Crimial Court: A Aalysis of State Trasfer Provisios. Washigto, DC: Office of Juveile Justice ad Deliquecy Prevetio. 3 Torbet, P., ad Szymaski, L. (1998). State Legislative Resposes to Violet Juveile Crime: Update. OJJDP Juveile Justice Bulleti. Washigto, DC: Office of Juveile Justice ad Deliquecy Prevetio. 18

29 Overview of Pesylvaia s Juveile Justice System Overview of Pesylvaia s Juveile Justice System 3 Summary of Cotets This chapter will provide a kid of diagram of Pesylvaia s juveile justice system, with a brief accout of its begiigs ad the way it has chaged over the years; a look at how the system s differet elemets are orgaized, admiistered, ad fuded; ad a statistical overview of deliquecy case processig i the state, based o recet arrest, dispositio, ad residetial placemet data The Origis ad Developmet of Pesylvaia Juveile Courts 3-2. Basic Juveile Justice Structure ad Fudig 3-3. Statistical Overview of Case Processig 19

30 3-1 Overview of Pesylvaia s Juveile Justice System 3-1 The Origis ad Developmet of Pesylvaia Juveile Courts Prior to the establishmet of juveile courts i Pesylvaia ad elsewhere, the commo law recogized o such category as juveile deliquets, but divided all law-breakers ito ifats ad adults. Childre uder 7 were coclusively presumed icapable of formig the itet to commit a crime feloious discretio at such a age beig cosidered a impossibility i ature. 1 This ifacy defese was also available to childre betwee 7 ad 14, but i their case it was rebuttable. Prosecutors could ad did preset evidece to show that idividual childre i this age group were capable of crimial itet. Ad childre over 14 could ot use the ifacy defese at all; they were always prosecuted ad puished just like adult crimials. 2 Widespread dissatisfactio with this approach durig the 19th cetury sparked a umber of local reforms iteded to deal with youg crimials more effectively ad humaely, ad i particular to isolate them from adults. Philadelphia saw the creatio of oe of the atio's first Houses of Refuge for childre i 1826, ad separate correctioal istitutios for childre covicted of crimes, vagracy, ad icorrigibility became commo i subsequet Pesylvaia s juveile courts are over a cetury old. years. 3 By 1893, Pesylvaia law already required separate trials ad trial dockets for childre, ad prohibited their cofiemet with alleged or covicted adult crimials. 4 I 1899, Illiois established what is ow geerally regarded as the world's first juveile court, i Cook Couty. The court used broad powers ad iformal procedures to deal with law-breakig childre i a etirely ew way-so that, as the ew court's eablig legislatio put it, as far as practical they shall be treated ot as crimials but as childre i eed of aid, ecouragemet, ad guidace. 5 Most states followed suit soo afterwards. Pesylvaia passed its first Juveile Court Act, modeled o the Illiois law, i While the 1901 law did ot survive a iitial costitutioal challege, a ameded Juveile Court Act of 1903 was immediately eacted ad upheld by the Pesylvaia Supreme Court. Origially, the juveile court's jurisdictio i Pesylvaia exteded oly to mior crimes. The Juveile Court Law of 1933, besides givig the court ew authority to deal with ugoverable behavior ad truacy, expaded the court's jurisdictio to cover all crimes except murder committed by childre uder 16. A 1939 amedmet gave the court jurisdictio over childre up to age 18. While the juveile court movemet caught o quickly, it was ot without critics. Despite the professed beevolece of the courts' itetios, their failure to afford basic due process safeguards to juveiles was regarded by may as ufair ad icosistet with our traditios. Evetually, the U.S. Supreme Court came to agree, cocludig i a series of decisios, begiig with Ket v. Uited States i 1966, I re Gault i 1967, ad I re Wiship i 1970, that juveiles accused of deliquet acts were etitled to may of the basic rights ejoyed by adults accused of crimes. 20

31 Overview of Pesylvaia s Juveile Justice System 3-2 I Pesylvaia, the legislature respoded with the passage of the Juveile Act of Based o the Uiform Juveile Court Act, a model law developed by the Natioal Coferece of Commissioers o Uiform State Laws, the 1972 Act codified the rights of accused juveiles to receive writte otice of charges agaist them, to be assisted by cousel, to cofrot accusers, ad to be covicted oly upo proof beyod a reasoable doubt. Sigificat amedmets to the Juveile Act of 1972 were eacted i 1977, 1980, 1981, 1986 ad 1989: The 1977 chage established 10 as the miimum age at which a child could be cosidered deliquet, ad deleted ugoverable behavior from the defiitio of deliquet acts so that from the o courts would deal with cases of ugoverability as depedecy rather tha deliquecy matters. A 1980 law authorized figerpritig ad photographig of juveiles ad required that district attoreys receive otice before juveiles i secure custody could be stepped dow to a less secure facility. I 1981, ad agai i 1986 ad 1989, the Juveile Act was ameded to relax cofidetiality restrictios related to the records of some categories of juveile offeders. The 1986 amedmets also for the first time gave victims ad their cousel ad supporters the right to atted juveile hearigs, ad prohibited the etry of a coset decree without the district attorey's asset. Pesylvaia's Juveile Act took what is essetially its preset shape i 1995, whe the legislature acted to restrict the juveile court's jurisdictio over a umber of serious feloies (see 4-4 for a listig of excluded offeses) ad also redefied the court's basic missio to icorporate balaced ad restorative justice priciples (see discussio i Chapter 2, above). 3-2 Basic Juveile Justice Structure ad Fudig Especially i compariso with most other states, Pesylvaia's is a highly decetralized juveile justice system, characterized by a uusual amout of local cotrol ad experimetatio ad a very diverse mix of private deliquecy service providers to supplemet the public services etwork. There are states i which a sigle Departmet of Juveile Justice, aswerable to the goveror, is resposible for everythig. Pesylvaia is't oe of them. Here the state provides leadership, but the local juveile courts ru the probatio departmets. For the most part, the couties operate the detetio ceters. Judges decide Pesylvaia s couty-based, public/private approach to deliquecy has produced a model system. where local juveiles will be committed, ad relatively few ed up i state-operated facilities. Eve youth that are placed outside the home are far more likely to go to private istitutios 21

32 3-2 Overview of Pesylvaia s Juveile Justice System tha public oes. Ad wherever they go, they remai subject to local court custody ad supervisio. This diversified approach has some weakesses, but it has may more stregths, ad Pesylvaia's juveile justice system is geerally cosidered a model for the atio. So, for example, as a widely ackowledged bellwether o juveile justice issues, Pesylvaia was the first state chose to participate i the Joh D. ad Catherie T. MacArthur Foudatio's Models for Chage iitiative, a log-term effort to create successful ad replicable models of juveile justice system reform through targeted ivestmets i key states. 6 Basic Elemets of the System The basic elemets of the Pesylvaia juveile justice system are the followig: 7 Juveile Courts. The Pesylvaia Costitutio gives the Courts of Commo Pleas i each of the state's 67 couties ulimited origial jurisdictio i all cases except as may otherwise be provided by law. 8 This geeral grat of authority exteds to juveile deliquecy matters, amog may others. Some couties have established permaet juveile divisios of their Courts of Commo Pleas, while others merely hold regularly scheduled juveile days. By custom, however, wheever a Court of Commo Pleas is hearig a juveile matter, it is referred to as a juveile court, ad this usage will be observed throughout this work. Court Admiistratio. I most couties, the admiistrative directio of the juveile court is etrusted to a admiistrative judge desigated by the presidet judge of the couty. (I Philadelphia ad Alleghey Couties, however, the admiistrative judge is appoited by the Supreme Court.) I a umber of jurisdictios, the presidet judge fuctios as the admiistrative judge of the juveile court. A chief juveile probatio officer is appoited by the court to oversee the couty's juveile probatio departmet. Juveile Probatio. Couty juveile probatio officers i Pesylvaia are the juveile court's foot soldiers, servig as the primary poits of cotact with courtivolved youth from itake through case termiatio. They are resposible for iitial screeig, predispositio ivestigatio, probatio supervisio, ad aftercare or postcommitmet supervisio. I some couties, they play a role i victim services as well. Juveile probatio officers i Pesylvaia ted to be experieced, educated, ad welltraied. To be hired, a juveile probatio officer must have a bachelor's degree with at least 18 credits i the social scieces, but about a quarter of all juveile probatio officers statewide hold graduate degrees. The aual turover rate is about 10%. 9 The Juveile Court Judges' Commissio offers a optioal 40-hour orietatio for ew officers through its Ceter for Juveile Justice Traiig ad Research at Shippesburg Uiversity, ad madates 40 hours of cotiuig traiig aually. The JCJC also uderwrites tuitio for probatio officers who complete a two-year weeked master's program at Shippesburg Uiversity that was developed especially for juveile probatio officers. Detetio. There are a total of 22 secure juveile detetio facilities i operatio i Pesylvaia-3 private facilities ad 19 that are owed ad operated by idividual couties or several couties-acceptig temporary custody of juveiles awaitig 22