Adult and Juvenile Similarities and Differences

Probation departments in California are responsible for adult and juvenile probation services, which include community supervision. Juvenile probation also includes oversight and operation of juvenile detention facilities, camps, and ranches. Each county has one chief probation officer that is responsible for the entire department except for San Francisco County, which has a separate adult chief probation officer and juvenile chief probation officer.

There are many similarities and differences between adult and juvenile probation.

Similarities:

• Both divisions embrace the tenets of evidence-based practices.
• There are risk and needs assessment tools used in both divisions.
• All probation officers and juvenile detention officers are peace officers.
• Both divisions use a case plan to help determine how to supervise the person.
• There are court officers in both adult and juvenile courtrooms.
• Court investigations occur in both divisions.
• Both divisions have supervision officers that have a caseload of individuals.
• Those on community supervision in either division may have a violation of probation filed for not following court mandates.
• Both divisions use a rewards matrix and a sanctions matrix.
• Charges filed in both divisions are offenses in the penal code, health and safety code, or welfare and institutions code.
• Both divisions may assess an individual in custody or detention as the case is being reviewed by the district attorney. In adult, this is through the pretrial assessment process and a pretrial report. In juvenile, it is through the detention risk and needs assessment and detention report. Both give the court recommendations regarding detention.
• Both divisions have collaborative court programs, known as specialty courts, such as drug court or mental health court.

Differences:

• Adult court is a criminal court. Juvenile court is a civil court.
• An adult individual who is found guilty of the charges has been convicted. A youth who has been found responsible for committing a delinquent offense has been adjudicated.
• Both juveniles and adults have the right to be represented by an attorney.
• However, unlike adults, juveniles do not have the right to a jury trial. All juvenile court cases are heard by a juvenile judge.
• In Adult court, the individual can plead not guilty, guilty, or no contest. In
• Juvenile court, the youth can admit or deny the petition, or state no contest.
• In juvenile court, parents can be ordered into treatment as well as the youth.
• Adult court follows the penal code. Juvenile court follows both the penal code and the welfare and institutions code.
• While both divisions write court reports, in adult court they are called pre-
• Sentence investigation reports. In juvenile court they are called dispositional reports or social history reports.
• The length of time under grants of probation differ between adult and juvenile. Adult court has set lengths for grants of probation (typically one or two years but may vary depending on the specific penal code sections) while juvenile court can keep the youth on probation until jurisdiction ends at age twenty-one, or up to twenty-five, depending on the offense and the circumstances.
• In Adult court, individuals have the right to bail. In juvenile court, there is no right to bail.
• Juvenile cases are referred directly to the probation department from law enforcement or other referral sources, such as schools or parents. Juvenile probation has options for Probation Department Diversion and informal probation, depending on the offense as well as the youth’s age, prior to a case being referred to the district attorney’s office. As a result, in many cases, juvenile petitions are never filed. Adult cases are referred from law enforcement directly to the district attorney’s office. The probation department does not have any involvement on whether criminal charges are filed by the district attorney’s office in adult court.