Ongoing Delinquency
Note: The information that follows has been prepared by a non-lawyer. It should not be taken as legal advice. Readers are advised to consult with a lawyer or to review WI Statutes themselves.
What happens when a juvenile has been arrested for committing a crime (delinquency)?
Juveniles between the ages of 10 and 17 may be charged with delinquencies. Law enforcement makes an initial decision about
whether a crime has been committed. Some law violations, such as retail theft may be charged as a municipal violation.
These cases are handled in municipal court rather than as formal delinquency charges in Circuit Court.
For more serious crimes, juveniles are often taken to the Juvenile Reception Center (JRC) in the City County Building. Staff
at JRC will make a decision whether to release a juvenile or to hold them in secure custody in detention. In many cases,
youth are released by JRC - to their parents, to some other responsible adult, and sometimes even to themselves if they
are old enough. It they are released from JRC, depending on the circumstances, they may be first placed under an order of
non-secure custody. (This will be discussed under the Court Process section).
For crimes not charged as a municipal violation, the law enforcement agency sends their investigation material to the
District Attorney's Office. The D.A.'s Office must first decide whether there is sufficient information to proceed
with prosecution. If information is inadequate, they will either return it to law enforcement for further investigation
or decide not to prosecute. Cases that are deemed to have prosecutive merit are handled in one of two ways:
- The District Attorney's Office will file a formal petition alleging that a juvenile has committed a delinquent act.
- The Department of Human Services is asked to conduct an assessment of the juvenile and his/her family to determine whether a Deferred Prosecution Agreement would be more appropriate.
How does Delinquency Intake deal with these juveniles and their families?
Once the District Attorney's Office has concluded that the delinquent charge has merit, a copy of the police report,
(along with the delinquency petition if formal charges are filed). is sent to the Dane County Department of Human Services.
A Delinquency Intake Social Worker is then assigned to conduct an assessment of the youth and his/her family. At least
one meeting, either at the Human Services office or in the family home will be scheduled. The Social Worker will gather
family data and history. They will inquire as to:
- Alcohol/drug concerns
- School progress
- Mental health concerns, and the
- Overall behavior of the juvenile
The focus of this assessment is to determine what the community protection issues are, what would be appropriate ways to
hold a juvenile accountable for their crime, and what competencies need to be enhanced to reduce their risk of re-offense.
If the case is referred to the Department of Human Services to assess for a deferred prosecution agreement, there are three
possible outcomes:
-
Counseling/Case Closed - In many situations, the juvenile is counseled as to the seriousness of their situation and
the case is then closed with no further Human Services contact and no court involvement.
- Deferred Prosecution Agreement - Circumstances sometimes warrant signing a Deferred Prosecution Agreement. (DPA). In these instances a case is generally held open for up to 12 months. Services are usually put in place and a Department of Human Services Social Worker is assigned to monitor compliance. If the juvenile follows the conditions of the DPA successfully, then the Department of Human Services will close the case and there will not be any court involvement.
- Formal Court Action - If the juvenile violates the conditions of the Deferred Prosecution Agreement (DPA), the Social Worker may recommend to the District Attorney that formal court action is in fact necessary.
What is the Court Process?
|
Custody Hearing
|
If a juvenile alleged to have committed a delinquent act is held in Secure Custody, or was released by JRC under an order of
Non-Secure Custody, a custody hearing must be held within 24 hours to determine the legality of that decision, along with
what is the most appropriate way to proceed. If continued under a non-secure custody order, juveniles might be maintained
at home with services such as the Home Detention Program. If return home is not appropriate at the time of the custody
hearing, the juvenile may be placed in the home of a relative, a foster home, or in a temporary community facility, such
as Juvenile Shelter or Bockari House. The Department of Human Services Social Worker will make temporary placement and/or
custody recommendations to the Court in cases where they are already familiar with the juvenile or his/her family.
|
|
Plea Hearing
|
There are three plea options:
- Admission (guilty)
- Denial (not guilty), or
- No Contest (no admitting guilt but also not contesting the charge.)
The assigned Social Worker has generally met with the family/ juvenile and submitted a Delinquency Assessment prior to the
plea hearing. This document includes dispositional recommendations for the Court to consider.
These recommendations include:
- Where the juvenile should live,
- What evaluations may need to occur, such as alcohol/drug abuse or a psychological, and
- What services should be ordered.
If there is agreement between all parties as to the charges and recommendations, some cases go to Disposition at the
same time as the Plea Hearing.
|
|
Consent Decree
|
A consent decree is an agreement whereby the parties all agree to the disposition recommendations, however,
there is no actual finding that the juvenile is delinquent.
The case is held open for a period of time and, if there is compliance with the terms of the Consent Decree,
the case is then dismissed. This is similar to the First Offenders program in adult court.
If the juvenile violates the Consent Decree, then it is likely the case will return to court, a delinquency
finding will be made, and changes to the court order (including possible out of home placement) will occur.
|
|
Waiver
|
Depending on the age of a juvenile, his/her prior history, and the seriousness of the charge, a request to waive
the case into adult court may occur. The Social Worker is required to conduct an assessment to determine whether
the juvenile's current situation meets the criteria for waiver.
|
|
Pretrial Hearing
|
If the denial has been entered to the delinquency petition, then it is generally set for trial. A pretrial hearing
is sometimes held between the plea hearing and trial in an effort to resolve differences between parties and to
avoid a trial. Social Workers do not always attend these hearings since their recommendations have most often
already been submitted.
|
|
Trial
|
If found not guilty at trial, the Department of Human Services involvement ends unless the juvenile is under
supervision for other charges or has additional charges remaining.
If found guilty, the case is set for a dispositional hearing.
|
|
Dispositional Hearing
|
These are similar to the sentencing hearings in adult court. The Human Services Delinquency Assessment is like
a pre-sentence investigation. The following decisions are routinely made at disposition:
How long the juvenile will be under the supervision of the court - Typically 6-12 months.
Placement of the juvenile - Most often in a parental home, but the juvenile could also be placed outside the home
in a relative home, foster home, group home, or residential care center. If the crime was serious enough, the juvenile
could also have his/her supervision transferred from Dane County Department of Human Services to the State Department
of Corrections and be placed in Corrections (juvenile prison).
What services are needed - Services could include anger management, drug/alcohol counseling, individual or
family counseling, sex offender treatment, restitution, community service, school support, victim-offender conferencing,
letter of apology, meeting regularly with the Department of Human Services Social Worker, etc.
Parents are generally required to participate in some services as well. There is a fee of $25.00 per month for all
youth placed under Human Services supervision. This fee is waived if the juvenile is placed outside a parental home.
In some instances, however, there is a monthly fee charged for the placement. Parents are sent information by Dane
County fiscal representatives that help determine what the fee will be
|
