What is Juvenile Detention?

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The Juvenile Court Process

PCN Courts and Corrections Special

Original air date September 2011

The

Detention

Center

provides

temporary

safe

and

secure

care

for

alleged

and

adjudicated

delinquent

juveniles

waiting

for

adjudication

or

disposition

by

the

Courts.

The

Detention

Center

ensures

community

protection

from

the

alleged

or

adjudicated

offender.

The

program

serves

male

and

female

juveniles

between

the

ages

of

ten

and

eighteen.

The

facility

has

48

secure

detention

beds,

and

works

to

stabilize

the

residents

by

structuring

their

stay

with

educational

and

psycho-

educational programs, while instilling self-discipline and structure into their lives.

The

school

program

teaches

the

basic

academic

curriculum,

while

fostering

a

positive

attitude

towards

school

and

learning.

The

psycho-educational

programming

includes

lessons

in

anger

management

and

self-control,

dealing

with

drug

and

alcohol issues, making good decisions, victimization awareness, and individual responsibility.

The

Center

also

relies

on

over

forty

diverse

volunteer

groups

to

share

their

areas

of

experience

and

expertise

with

our

juveniles.

Educational,

mental

health,

and

drug

and

alcohol

assessments

are

integral

in

helping

to

develop

reports

to

the

Courts.

Residents

are

held

to

high

standards

of

appropriate

conduct

while

being

detained

at

the

Youth

Intervention

Center.

According

to

the

board

of

directors

of

the

National

Juvenile

Detention

Association

(NJDA)

,

the

definition

of

juvenile

detention is:

Juvenile

detention

is

the

temporary

and

safe

custody

of

juveniles

who

are

accused

of

conduct

subject

to

the

jurisdiction

of

the court who require a restricted environment for their own, or the community’s protection, while pending legal action.

Further,

juvenile

detention

provides

a

wide

range

of

helpful

services

that

support

the

juvenile’s

physical,

emotional,

and

social development.

Helpful

services

minimally

include:

education;

visitation;

communication;

counseling;

continuous

supervision;

medical

and

health care services; nutrition; recreation; and reading.

Juvenile

detention

includes

or

provides

for

a

system

of

clinical

observation

and

assessment

that

compliments

the

helpful

services and reports findings.

According

to

the

American

Correctional

Association

(ACA)

Juvenile

Detention

Committee

there

are

seven

essential

characteristics to juvenile detention. They are:

Temporary

custody.

Of

all

the

methods

of

incarceration

within

the

criminal

justice

system,

only

juvenile

detention

stresses

its temporary nature. Detention should be as short as possible.

Safe

custody.

This

concept

implies

freedom

from

fear

and

freedom

from

harm

for

both

the

juvenile

and

the

community.

This

definitional

theme

refers

to

a

safe

and

humane

environment

with

programming

and

staffing

to

ensure

the

physical

and psychological safety of detained juveniles.

Restricted

environment.

The

nature

or

degree

of

restrictiveness

of

the

environment

is

generally

associated

with

the

traditional classifications of maximum, medium, or minimum security or custody.

Community

protection.

In

addition

to

the

factors

listed

above,

the

court

has

a

legitimate

right

to

detain

juveniles

for

the

purpose of preventing further serious and/or violent delinquent behavior.

Pending

legal

action.

This

theme

includes

the

time

spent

awaiting

a

hearing,

disposition,

a

placement,

or

a

return

to

a

previous placement.

Helpful

services.

Programs

are

available

to

detain

juveniles

to

help

resolve

a

host

of

problems

commonly

facing

detained

juveniles.

Because

detention

has

the

potential

of

creating

a

tremendously

negative

impact

on

some

juveniles,

it

is

important

that programming have the depth of services required to meet the needs of a wide range of juvenile problems.

Clinical

observation

and

assessment.

Most

juvenile

codes

specifically

refer

to

this

theme

as

a

purpose

for

detention.

The

controlled

environment

of

juvenile

detention

often

provides

the

opportunity

for

intense

observation

and

assessment

to

enhance

decision-making

capabilities.

Competent

clinical

services

are

provided

by

properly

credentialed

individuals

who

coordinate

and

conduct

the

observation

and

assessment

process.

(This

service

may

be

provided

by

staff

or

through

contract).

This

definition

of

juvenile

detention

was

provided

by

the

Office

of

Juvenile

Justice

and

Delinquency

Prevention’s

(OJJDP)

Desktop

Guide

to

Good

Juvenile

Detention Practice (1996; pg. 33).

What is a delinquent child?

According

to

the

Juvenile

Act

,

composed

by

the

Juvenile

Court

Judges’

Commission

(JCJC)

,

a

delinquent

child

is

a

child

ten

years

of

age

or

older

whom

the

court

has

found

to

have

committed

a

delinquent

act

and

is

in

need

of

treatment,

supervision, or rehabilitation.What is a Delinquent Act?

 What is a delinquent act?

According

to

the

Juvenile

Act

,

composed

by

the

Juvenile

Court

Judges’

Commission

(JCJC)

,

a

delinquent

act

is

defined

as

follows:

•

The

term

means

an

act

designated

a

crime

under

the

law

of

this

Commonwealth,

or

of

another

state

if

the

act

occurred in that state, or under Federal law, or under local ordinances.

•

The term shall not include:

o

The crime of murder.

o

Any

of

the

following

prohibited

conduct

where

the

child

was

15

years

of

age

or

older

at

the

time

of

the

alleged

conduct,

and

a

deadly

weapon

as

defined

in

18

Pa.C.S.

§

2301

(relating

to

definitions)

was

used

during

the

commission of the offense, which, if committed by an adult, would be classified as:

▪

Rape

▪

Involuntary deviate sexual intercourse

▪

Aggravated assault

▪

Robbery

▪

Robbery of motor vehicle

▪

Aggravated indecent assault

▪

Kidnapping

▪

Voluntary manslaughter

▪

An attempt, conspiracy, or solicitation to commit murder or any of these crimes

o

Any

of

the

following

prohibited

conduct

where

the

child

was

15

years

of

age

or

older

at

the

time

of

the

alleged

conduct,

and

has

been

previously

adjudicated

delinquent

of

any

of

the

following

prohibited

conduct,

which,

if

committed by an adult would be classified as:

▪

Rape

▪

Involuntary deviate sexual intercourse

▪

Robbery

▪

Robbery of motor vehicle

▪

Aggravated indecent assault

▪

Kidnapping

▪

Voluntary manslaughter

▪

An attempt, conspiracy, or solicitation to commit murder or any of these crimes

o

Summary

offenses,

unless

the

child

fails

to

comply

with

a

lawful

sentence

imposed

there

under,

in

which

event

notice of such fact shall be certified to the court.

o

A

crime

committed

by

a

child

who

has

been

found

guilty

in

a

criminal

proceeding

for

other

than

a

summary

offense.