The Prosecution Process Office of the State Attorney Fourth Judicial Circuit

1. The Prosecution ProcessOffice of the State AttorneyFourth Judicial Circuit Julie K. Taylor Director, County and Juvenile Divisions September 15, 2016

2. Topics • Intake Procedures • Juvenile Assessment Centers (JACs) and Detention Centers • Diversion and Alternatives to Formal Prosecution • A Prosecutor’s Filing Decision

3. Objectives of Juvenile Court from the Prosecutor’s Perspective • Consider both rehabilitation and punishment of juvenile offenders • Direct file only the most serious and violent offenders into adult court • Divert first time and non-violent offenders to try to prevent those offenders from committing future crimes

4. What is required when taking a juvenile suspect into custody • Circumstances when a child may be taken into custody: • Circuit court order based upon sworn testimony • Delinquent act or violation of law pursuant to a lawful arrest • Failure to appear in court • Probable cause for a violation of probation, non-secure detention, post-commitment probation, conditional release, absconding or escape

5. Conditions of a child’s custody • A child may not be placed in a police car or similar vehicle with an adult unless they are suspected of the same offense or transaction as the child • The person taking the child into custody must attempt to notify the child’s parent, guardian, or legal custodian • The department must continue the attempts to notify the parent or guardian

6. Requirements for release from custody • “As soon as is reasonably possible” • Unless there is a need to hold the child, attempts shall be made to release the child: • To the child’s parent, guardian, or legal custodian, or if they are unavailable, unwilling, or unable, to any responsible adult • To a shelter • To a law enforcement officer to transport the child to a hospital when medical treatment is required • To a law enforcement officer to transport the child to a receiving facility if a mental health evaluation is required

7. Release from custody • To a law enforcement officer to transport the child to a hospital or treatment facility if the child appears intoxicated, is incapacitated by substance abuse, or has threatened or attempted physical harm to himself, herself, or another • To a JAC who will assume custody of the child to assess his or her needs

8. Juvenile Assessment Center or JAC • The purpose of a JAC is to provide central intake and screening services for juveniles who are referred to the department • JACs are established through a cooperative effort between substance abuse programs, mental health providers, law enforcement agencies, schools, health service providers, state attorneys, public defenders, and other agencies that serve youth in the community

9. Responsibilities of a JAC • Facilitate the initial screening of and case processing for juveniles • Delinquency intake • Positive identification • Detention admission screening • Needs assessment • Substance abuse screening and assessments • Physical and mental health screenings • Diagnostic testing • These services may be provided during intake or while a juvenile is awaiting placement at a commitment program

10. Intake • The department shall manage, coordinate, and monitor the services provided to a child • The department shall also work with the Department of Children and Families to carry out all duties and responsibilities related to the child • The department shall assign a juvenile probation officer to any child who is not released or referred to diversion so that case management services may be provided to that child

11. The department shall… • Review the probable cause affidavit • Notify the arresting agency of any insufficiencies in that affidavit • Screen the child • Complete a risk assessment instrument or RAI • Inquire as to whether the child understands his or her rights to counsel and against self-incrimination • Complete a multidisciplinary assessment • Complete a comprehensive assessment • Make recommendations for services • Make recommendations concerning a petition • Complete an intake report

12. The department shall… • When it is indicated by the comprehensive evaluation, the department can use funds to provide services for the child through a local nonprofit community mental health or substance abuse agency or a social service agency • The information provided during the assessment is inadmissible prior to a disposition hearing unless the child consents to its release in writing • The information however can be released at the disposition hearing “to assist the court in making the most appropriate custody, adjudicatory, and dispositional decision.”

13. Detention Intake • When a child is taken to the department by a law enforcement officer, the department shall make any decisions regarding custody prior to the child’s first detention hearing • Detention is typically based upon the score in the RAI, however there are exceptions when secure detention is permitted even though the child does not score for secure detention • If the score requires secure detention, the department can contact the state attorney to request that the child be released if the department feels that is appropriate

14. RAI Score and Exceptions • The score in the risk assessment instrument is based upon various factors including the current charge, any prior history, and any current probation or commitment status • If a child does not score for secure detention, a child will still be held under some circumstances such as when the child is charged with possessing or discharging a firearm on school property or when a child has been taken into custody on three or more separate occasions in a 60 day period

15. Detention in Domestic Violence Cases • If a child does not score for secure detention but is charged with an act of domestic violence that child may be held in secure detention if: • Respite care is not available • Secure detention is necessary in order to protect the victim from injury

16. Review of Detention Status • The detention status of a child will be reviewed at an initial hearing called a detention hearing that must take place within 24 hours • The detention status is typically reviewed at every hearing if the child is in secure detention and must be reviewed every 72 hours at a minimum in most cases

17. Length of Detention • A child may not be held in secure detention longer than 24 hours unless it has been ordered by a court • A child may not be held in secure detention for more than 21 days unless an adjudicatory hearing has commenced • Secure detention may be extended up to 9 days upon good cause being shown • A child may not be held more than 15 days from the entry of an order of adjudication

18. Detention Awaiting Placement • Non-secure detention: a child may be held for 5 days and may be extended by request of the department but may not exceed 15 days • A child awaiting placement in a high or maximum risk placement must be held in secure detention until placed • A child may be held in secure detention overnight and for no more than 24 hours “for the specific purpose of ensuring the safe delivery of the child”

19. Detention Status • A child who has been released may not be transferred to secure or non-secure detention without a court hearing • A child may only be transferred from non-secure to secure detention “only if significantly changed circumstances warrant such transfer”

20. Release for Certain Charges • When a child is released or transferred to non-secure detention and is charged with one of the following crimes or attempting to commit one of the following crimes, the detention center must notify the appropriate law enforcement agency, school personnel, and the victim: • Murder • Sexual battery • Stalking • Domestic violence

21. Education • While in secure detention, a child must receive education that is commensurate with his or her grade level and educational ability

22. Juveniles in Adult Jails • A juvenile will be “delivered” to the appropriate adult jail when transferred to adult court or indicted • “Sight and sound” • Supervision and monitoring must include physical observation and documented checks at intervals not to exceed 10 minutes • A child shall never be placed in the same cell as an adult

23. The Life of a Juvenile Case • Detention hearing • Arraignment: charges are filed, amended, diverted or dropped • 21 day issues • 90 day speedy trial • Exceptions: possible direct files, cases involving sexual or lewd batteries, competency issues • Pre-trials • Adjudicatory hearings • Sentencing

24. The Process of Prosecution • A Prosecutor’s options in arrest cases: • Drop • Divert • File • Direct File • A Prosecutor’s options in warrant cases: • Deny • Grant • At large divert

25. Dropping a Case • The ASA will evaluate the case initially by reviewing reports and physical evidence that has been provided by the arresting officer • The ASA will consider any legal issues that should prevent the filing of any charges • The ASA will also consider any mitigation or other information provided by the defense • The ASA will consult with the victim and witnesses

26. Diverting a Case • The purpose of diversion is to remove first time and non-violent offenders from the criminal justice system but still impose punishment in the hopes of deterring future crimes • A hearing is held at the SAO with a hearing officer and parents of the juvenile to discuss sanctions then complete and sign a contract with the SAO • Successful completion and expunction • Rejection from diversion may lead to the filing of charges

27. Pre-Arrest or At Large Diversion • Law enforcement officers may consult with the SAO prior to arrest • During that time the SAO may consider diverting a case prior to an arrest being made and while the juvenile is “at large” • The SAO may convert an application for an arrest warrant into an at large diversion case thereby preventing an arrest from taking place

28. Post-Arrest Diversion • Following an arrest by a law enforcement officer, the SAO will consider post-arrest diversion • That decision is based upon factors such as the seriousness of the crime, any prior history, prior diversion cases, and the input of the victim and arresting officer

29. Pre-trial Intervention or Diversion Programs • Youthful Offender Program: sanctions are determined during a hearing that is attended by the juvenile, the juvenile’s parents, and often the victim • Juvenile Drug Court: focus on drug treatment • KIDS: sex offender program • Teen Court: trials by peers, sanctions determined by peers, referrals for additional services

30. Civil Citations • Pursuant to Florida Statute 985.12, a circuit may establish “civil citation programs or other similar diversion programs” • Cooperation of agencies including the Chief Judge, State Attorney, Public Defender and Law Enforcement • The civil citation program is similar to at large diversion programs that divert a juvenile into a particular program prior to any arrest being made or any formal charges being filed

31. Goals of the Civil Citation Process • Divert first time offenders or non-violent offenders with no more than two prior civil citations out of the criminal justice system • Provide services to the child to try to prevent future criminal activity • Impose punishment through various sanctions including restitution to the victim

32. At Large Diversion and Civil Citations • The goals are the same: to divert juveniles from the system prior to arrest to try to prevent any further involvement in the system • To prevent an arrest of the juvenile and records that are produced as the result of that arrest • To ensure that the victim is involved in the process and is made whole

33. Filing a Petition • All delinquency proceedings are initiated by the filing of a petition which is the charging document • The petition must be in writing and must be signed by a state attorney under oath • Particular assistant state attorneys are designated by the state attorney to be permitted to sign petitions

34. A Prosecutor’s Filing Decision • The ASA will review all initial information • The ASA will consult with the officers who are involved in the case • The ASA will discuss the case with the victim and witnesses • The ASA and one or more supervisors will review a qualifying case for possible direct file

35. Discovery in Juvenile Cases • Discovery is similar to adult cases but juvenile discovery rules are discussed separately in Rule 8.060 of the Rules of Juvenile Procedure • Discovery is still required when demanded and depositions are permitted in delinquency cases

36. Notable Differences in the Discovery Rules in Juvenile Cases • A response to a demand for discovery is due from the SAO within 5 days not 15 days, and the juvenile’s disclosure is also due within 5 days • Depositions are permitted in any delinquency case, and good cause need not be shown for depositions related to misdemeanor charges

37. Negotiations in Juvenile Court • Negotiations proceed in juvenile court as they would in any other criminal courtroom • The State and the Defense may agree to lesser charges and/or particular sentences that will result in the juvenile entering a plea for a negotiated disposition • The juvenile is always afforded counsel to represent him or her in all stages of a delinquency proceeding

38. Adjudicatory Hearings • An adjudicatory hearing must be held within 21 days if a juvenile is detained in secure or non-secure detention • That 21 day requirement may be waived by the juvenile and his or her counsel if more time is needed to investigate or mitigate the case • The hearing should be conducted so that the proceedings are understandable to the juvenile “to the fullest extent practicable”

39. Rules for Adjudicatory Hearings • Hearings are conducted without a jury • All criminal rules apply • The burden of proof is beyond a reasonable doubt • The juvenile is afforded the same rights in regard to self-incrimination and illegally seized or obtained evidence

40. Sentencing in Juvenile Court • If the court finds that the juvenile has committed a delinquent act, the court may withhold adjudication of delinquency or may adjudicate the juvenile delinquent • An adjudication of delinquency for a delinquent act is never considered a “conviction” • Criminal traffic charges such as driving without a license are not delinquent acts

41. Sentencing Hearings • Predisposition report or PDR • Purpose of juvenile sentencing • Sentencing options: • Probation and Minimum Risk • Residential or Commitment Programs: Non-Secure, High, and Maximum • Post-commitment probation or conditional release

42. Factors for Direct Filing a Juvenile in Adult Court • Circumstances of the crime including the level of violence and any weapons used • Age of the victim and impact of the crime upon the victim • Age of the juvenile defendant • Criminal history of the juvenile defendant • Prior efforts at rehabilitation • Provability of the case

43. Mandatory Direct File • Under Florida Statute 985.557(2), certain crimes must be direct filed if committed by a 16 or 17 year old juvenile defendant • Those crimes include murder, sexual battery, armed or strong armed robbery, carjacking, home invasion robbery, aggravated battery, aggravated assault or any crime involving the possession or discharge of a firearm

44. Discretionary Direct File • Florida Statute 985.557(1) also addresses discretionary direct file • This section specifies charges that should be considered for direct file when the juvenile defendant is 14 or 15 years old • Those charges include arson, sexual battery, robbery, kidnapping, aggravated child abuse, aggravated assault, aggravated stalking, murder, aggravated battery and home invasion robbery

45. Discretionary Direct File • This section also states that the state attorney may consider any charge for direct file for a juvenile defendant who is 16 or 17 years old “when in the state attorney’s judgment and discretion the public interest requires that adult sanctions be considered or imposed.” • During the process of reviewing a case for direct file, the ASA should always consider mitigation provided by the defense in conjunction with the factors discussed previously

46. The Effect of Direct File • Once a juvenile defendant’s case is direct filed, all other pending cases will be transferred to adult court • Once a juvenile defendant has been found to have committed a crime in adult court, that juvenile will thereafter be prosecuted as an adult

47. Indictment by a Grand Jury • A charge for a child of any age may be presented to a grand jury if that charge is punishable by death or life imprisonment • As with direct file, all other cases will be transferred to adult court and the juvenile defendant will thereafter be prosecuted as an adult • If the juvenile defendant is found to have committed an offense punishable by death or life imprisonment, the juvenile must be sentenced as an adult

48. Juvenile Sentencing in Adult Court • In all other cases, the court has a wide range of sentencing options including juvenile sanctions • The juvenile defendant is entitled to both a pre-disposition report and a pre-sentence investigation report when being sentenced in adult court

49. 2015 Statistics • Approximately 3,212 cases opened in the Juvenile Division in 2015 • Includes approximately 1,607 felonies and 1,595 misdemeanors • Reduced by almost half from 2009 when approximately 6,184 cases were opened in the Juvenile Division

50. Number of Direct Files in 2015: 95 cases • Most commonly direct filed charges include Armed Robbery, Burglary to Dwellings, Armed Burglary, Grand Theft Auto, Murder, Carjacking, and Home Invasion Robbery