Probation's Rule in the Juvenile Justice System

The Probation Department has a unique role in the juvenile justice system. After a youth has been arrested by law enforcement, probation departments can divert youth deemed appropriate for diversion programs from the juvenile justice system at various decision-points. When a youth has been ordered to be detained by the juvenile court, probation departments operate juvenile halls, camps, ranches and secure youth treatment facilities, ensuring the safety and well-being of youth, while providing a variety of services to assist youth and meet their individual needs. The probation department serves as an arm of the court and is a neutral party in assisting judges by providing information to the court for decision making in the interest of the youth. Probation departments divert many youth from the justice system, which helps keep the amount of youth in the juvenile justice system and detained in juvenile halls, camps, ranches, or secure youth treatment facilities to a lower number. The probation department also provides youth with opportunities to make positive changes in their lives and provides evidence-based programming and supportive and transitional services in an effort to reduce recidivism and further involvement in the juvenile justice or criminal justice systems.

Prevention and Early Intervention

Prevention and Early Intervention

Probation departments receive referrals from a variety of sources regarding youth who are displaying pre-delinquent behavior and are at-risk of entering the juvenile justice system. Typically, youth who are at-risk of entering the juvenile justice system fall under Section 601 of the Welfare and Institutions Code (link) and may be adjudged wards of the court. Behaviors that fall under 601 WIC include persistently or habitually refusing to obey the reasonable and proper orders or directions of the youth’s parents and/or guardians, violating curfew, or having four or more truancies within one school year. However, in general practice these youth do not become wards of the court. Instead, probation departments may provide services to these youth in order to provide assistance and support to the youth so they do not continue with these behaviors, which may end up escalating into a criminal act and bringing the youth formally before the probation department.

Parents will often contact law enforcement when their child is refusing to follow their reasonable orders, refusing to attend school, or abiding by a curfew. However, parents are not able to receive assistance from law enforcement if a crime has not been committed.

Many probation departments provide informal support and services to these youth and their families. Probation departments provide a network of referrals as well as direct services to assist at-risk youth and their families. Services may be in the areas of family support, mentoring, vocational training/employment, social services, health and wellness, evidence-based programs and rehabilitation, education, and pro-social activities. These programs are considered helpful in making communities safer and preventing youth from escalating behaviors to criminal behavior that would place them into the formal juvenile justice or criminal justice system.

Staff assigned to oversee these programs may be probation officers, non-sworn probation assistants, or even social workers that are hired by the probation department. Funding for these programs is often through grant funds or in collaboration with other agencies.

Prevention and early intervention programs prevent the onset of delinquent behavior and support the development of a youth’s assets and resilience. Many probation departments promote a positive youth development model to address the needs of youth who might be at risk of entering the juvenile justice system. An example of a youth development model addresses the domains of work, education, relationships, community, health, and creativity. When the necessary supports and services are provided to youth in these domains, it is expected that positive outcomes will result.

Referrals for prevention and early intervention services may be received from a variety of sources, including parents, schools, behavioral health services, community-based organizations, faith-based organizations, and local law enforcement. Examples of prevention and early intervention programs may include:

• Neighborhood/Community Accountability Boards
• Partnerships to assist youth in attending school
• Classroom and behavior management programs
• Conflict resolution and violence prevention curriculums
• Comprehensive community interventions provided by community based organizations

These programs and services function as a support to the youth and their families in an effort to prevent the youth from escalating their at-risk behavior and entering the juvenile justice system by committing a crime.

Entry into the Juvenile Justice System

Law Enforcement Diversion

When a law enforcement officer determines a youth has committed an offense contained in the Penal Code, Health and Safety Code, and/or Welfare and Institutions Code, the officer may divert the youth from the juvenile justice system in lieu of arresting the youth. This may occur for a variety of reasons such as the youth’s age or due to it being a low-level offense. Diversion across law enforcement agencies varies; however, the majority commonly consist of admonishing the youth and notifying the youth’s parent and/or guardian. Some agencies may have a more formal diversion program.

Arrest

A youth enters the juvenile justice system after they have been accused of committing an offense contained in the Penal Code, Health and Safety Code, and/or Welfare and Institutions Code and a law enforcement officer decides to make an arrest. The law enforcement officer can either issue the youth a citation to appear at the Probation Department or book the youth into Juvenile Hall.

Cited to Appear at the Probation Department

In lieu of booking a youth into Juvenile Hall after an arrest, a law enforcement officer can cite the youth to appear at the Probation Department. When a youth is cited, the youth and his/her parent and/or guardian will appear at the probation department and be interviewed by an intake/assessment probation officer, who will conduct an assessment and make a determination if the youth is a suitable candidate for diversion from the juvenile justice system or whose interest would best be served by appearing before the juvenile court. (Link to Informal Probation)

Booked into Juvenile Hall

After an arrest for a crime, a youth can be booked into juvenile hall by a law enforcement officer. When a youth is booked into juvenile hall, an intake/assessment probation officer will conduct an assessment and make a determination if the youth is a suitable candidate to be released or remain detained pending court proceedings.

Juvenile Hall

Juvenile Detention Assessment/Intake

When a youth is booked into juvenile hall (juvenile detention) by a law enforcement officer, an intake officer will make the initial decision if the youth shall be released or remain detained. In some counties, this intake function is performed by probation officers. In other counties, this function is performed by juvenile detention staff.

Per Section 628 of the Welfare and Institutions Code, upon acceptance of a youth into juvenile detention, the probation officer shall immediately investigate the circumstances of the youth and the facts surrounding his/her being taken into custody and shall immediately release the youth to the custody of his/her parent, guardian, or responsible relative unless it can be demonstrated upon the evidence before the Court that continuance in the home is contrary to the youth’s welfare.

Many probation departments utilize a validated evidence-based assessment tool to guide the decisions regarding whether the youth shall remain detained or be released pending court proceedings. The assessment tool is completed using information regarding the youth’s prior referral history, the current booking, and from speaking with the youth. There are certain circumstances where a case is a mandatory detention, such as a 707(b) WIC offense (link).

Prior to admitting a youth into juvenile detention, the intake officer shall ask the arresting officer about any past, present, or suicidal ideation, comments, or attempts of the youth. If a youth meets any of the following criteria, he/she must be medically cleared prior to booking: 1) claims or appears to be suffering from a severe illness or injury; 2) is intoxicated to the extent he/she is a threat to his/her own safety or the safety of others; 3) claims or appears to be suicidal; or 4) appears to be mentally impaired.

Straight Release

After the intake and assessment has been completed by the intake officer, it may be determined the youth may be released with no further charges filed.

Release on a Promise to Appear

After an intake and assessment has been completed by the intake officer, it may be determined the youth may be released on a Promise to Appear (PTA) at the Probation Department. This release may also include home supervision/house arrest or electronic monitoring (i.e. global positioning satellite). (link Assessments/Intake under Juvenile).

Detained/Filing and Affidavit

After an intake and assessment by the intake officer, it may be determined the youth shall remain detained pending his/her court appearance. If the youth remains detained, an affidavit is filed and the case is referred to the prosecuting attorney for the filing of a petition with the juvenile court. For those cases that are referred to the district attorney’s office, the officer begins developing a case plan to identify the youth and his/her family’s strengths and needs, and to identify services to address those needs. The case plan is developed with input from the youth and his/her family. This case plan will be a living document that will be regularly updated and follow the youth through the juvenile justice system. (Link to EBP)

If a youth is remaining detained in juvenile hall, each youth is also screened by ancillary partners, such as medical, educational, and behavioral health staff, for physical, health, and safety issues, and intellectual or developmental disabilities. (Link to Ancillary Services)

Juvenile Detention Services

There are several ways a youth can be detained in juvenile hall (juvenile detention). Most frequently, a youth is booked into juvenile hall after being arrested by law enforcement. In those instances, a youth can only remain in custody if a judge orders them detained within 72 hours of their arrest.

Additionally, as youth go through the court process, they may be ordered by the court to remain in custody pending the completion of their court proceedings or as a sanction following their disposition. Generally, youth being placed out of their home are also detained pending that out of home placement. A youth who has been transferred to adult criminal court will remain in custody in juvenile hall until their case has been resolved.

In-Custody Intake is responsible for population management at juvenile hall. In addition to assessing all youth for eligible releases, when appropriate, modifications can also be requested with the juvenile court to utilize alternatives to detention when appropriate, such as home supervision/house arrest, electronic monitoring and/or global positioning satellite (GPS), or a work project program. These functions help ensure counties remain in compliance with oversight regulations and the Juvenile Detention Center’s rated and operational capacity.

Every juvenile hall follows California Code of Regulations Title 15, Minimum Standards for Local Detention Facilities, and Title 24, Minimum Standards for the Design and Construction of Local Detention Facilities. Juvenile halls are monitored frequently for compliance with these standards by Board of State and Community Corrections as well as a variety of other entities. (Link to Oversight)

Prior to placing a youth on a living unit, a comprehensive classification assessment is completed so youth are placed in the most appropriate, least restrictive living and program settings. Living units are designed to accommodate youth of a similar age, status, sophistication, risk level, and/or age. Living units assist youth in receiving services with consideration given to safety and security.

Each county designs the operation of their juvenile hall to meet the needs of the youth they serve. Small county facilities may only have one or two living units so they may be co-ed. Housing in co-ed units ensure males and females are separated for sleeping and showering and do not have views into each other’s rooms. Larger counties may have multiple living units and may be able to separate youth by age, status, sophistication, risk level, and/or gender. Each living unit has rules and expectations posted so youth are familiar with schedules and expectations. While youth are in secure rooms at night, youth spend the majority of their day out of their rooms involved in education, evidence-based programming, and a variety of activities. (Link to Juvenile Detention Ancillary Services)

Probation departments are committed and work to ensure all youth have equitable access to all available services, care, and treatment, including transgender, intersex, and gender non-conforming youth. In making a housing decision, staff consider the youth’s preference, and base housing decisions on the youth’s individualized needs and prioritize the youth’s emotional and physical safety, while taking into account the youth’s opinion of where he/she will be most secure.

Juvenile Detention Ancillary Services

Youth housed in juvenile detention receive a variety of services. These services are provided by probation department staff, juvenile detention officers, and a variety of collaborative partners.

• ===Education===: Youth attend school every Monday – Friday. School is conducted year-round with short vacations over the winter holiday and summer. The County Office of Education provides the teaching staff for the facility. Teachers have credentials in secondary education, and some have special education credentials. The teacher is able to access each youth’s current educational transcripts, so the youth is able to stay current on their learning. This allows a youth to continue to earn credits and remain on track for graduation. Some juvenile halls may allow youth to earn their way back to their community school during the day and return to juvenile hall after school hours. Some juvenile halls have juvenile detention staff in the classroom to assist with behavior management. Youth who complete their high school requirements may graduate while in custody and earn a high school diploma. For those youth who are not on track to graduate, the teachers will work with them on obtaining their General Educational Development (GED) certificate. Youth who have graduated from high school may take college classes while they are in juvenile detention. Depending on the county, these classes may be in-person or on-line.

• ===Medical===: Youth in juvenile detention will have access to medical care 24 hours a day. Youth are given a medical screening by clinic staff within 24 hours of their intake into the facility. Larger juvenile halls have nursing staff on duty around the clock and scheduled hours to be seen by a medical doctor. Smaller juvenile halls will have set nursing hours each day and scheduled hours to be seen by a medical doctor. Juvenile halls without 24 hour nursing have access to an on call system to be able to contact medical staff even when they are not in the facility. Juvenile halls also have access to telemedicine for seeing a doctor. All nursing staff will contact parents and/or guardians to sign any required consents to either remain on a medication or start a new medication, if needed. If there is a medical emergency, youth are transported by ambulance to the nearest medical facility.

• ===Behavioral Health===: Every juvenile hall is required to provide behavioral health services. Some juvenile halls have a team of behavioral services staff on-site for set schedules every day of the week. Counties vary in whether the behavioral health staff are probation department employees, from the county’s behavioral health services agency, or they contract with community-based organizations to provide the services. Behavioral health services include crisis intervention, counseling, psychiatric services, and medication monitoring. Juvenile hall staff receive training in mental health to be better able to support the youth. Parents are involved in their child’s treatment and may have contact with the psychiatrist, nursing, counseling, or juvenile detention staff.

• ===Visiting===: Youth in custody are allowed visits with family members. Most youth have a minimum of two visits per week but may have more depending on availability. Visits are scheduled to occur in person although technology can be used if the relative is unable to be there in person. In most cases, parents and/or guardians are the primary family members to visit. However, if there is no parent and/or guardian available for visitation, other family members such as grandparents, aunts, uncles or adult siblings are allowed to visit. Minor children of the youth are also allowed to visit. Juvenile halls also make arrangements for special visits under certain circumstances. Youth are allowed to contact parents and/or guardians when they are booked into juvenile hall and also have access to a telephone for regular calls with parents and/or guardians. Youth are provided with paper, pencils, and stamps to they can write unlimited letters to their parents and/or guardians.

• ===Vocational Services===: Juvenile halls have different ways to provide vocational services. Some halls provide these services through their school program, while others may contract with a community-based organization. Some juvenile halls have the ability to provide for some services within the hall setting such as a culinary program. While other programs take place outside of the juvenile hall setting. The goal is to find a way for youth to see some of the options available to them and to give them skills they can use once out of custody.

• ===Programming===: There are many programs provided to the youth in juvenile halls. Programs such as substance abuse treatment, mental health programs, cognitive behavioral groups, religious activities, art therapy, music therapy, and pet therapy are a few of the options offered by various counties. Programs are designed to meet the needs of the participating youth. Programs will be offered as needed based on the size and structure of the facility. Every county offers evidence-based programming in an effort to address the youth’s risk factors in order to reduce recidivism and further involvement in the juvenile and criminal justice systems. (Link to EBP)

Out-of-Custody Citations

When a youth has been determined to commit a crime, local law enforcement can choose to cite the youth to appear at the probation department or book the youth into juvenile hall. Some youth who are initially booked into Juvenile Hall may be released on a Promise to Appear (PTA) and will be handled from that point forward as an out-of-custody citation.