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.

Assessment/Intake

The Assessment/Intake Probation Officer will process all out-of-custody citations for youth residing in the county. These citations (known as referrals in the juvenile justice system) allege violations of the law with the majority referred by local law enforcement agencies. Referrals may also be received from out-of-county probation departments, or by a Promise to Appear (PTA) from juvenile detention for youth who were initially booked into Juvenile Hall but then cited and released on a PTA.

Probation officers begin their assessment process by reviewing all law enforcement crime reports, Child Welfare Services (CWS) histories, school records, and any other relevant material they may have. They also refer to the youth’s prior referral history and conduct an interview with the youth and his/her parent and/or guardian. During this interview, officers use motivational interviewing techniques to solicit information. The use of open-ended questions, affirmations, reflections and summarizations will assist the officer in gathering the most accurate information. Probation officers use the information obtained during the assessment/intake process and begin assessing the youth using a validated assessment instrument.

The officer uses all the information obtained during the assessment/intake process in making the determination on the most appropriate course of action for the referral. Research has shown low-risk youth should be diverted from the juvenile justice system and providing services to low-risk offenders can actually increase recidivism. (Link to EBP). Supervision and treatment resources should be prioritized for those youth who are at higher risk to re-offend.

The officer does not solely use the results from the validated assessment to make the determination of the most appropriate course of action. Other factors may be given greater weight, such as the seriousness of the crime and officers can override the recommendation of the assessment. All overrides are reviewed and approved by a supervisor.

Assessment/intake officers have a variety of dispositions available when determining how to process the referral. Referrals may be diverted from the juvenile justice system or 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 should be 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)

Diversion

When a youth is cited to appear at the probation department or is released from juvenile hall on a promise to appear, the intake/assessment probation officer may determine the youth is a suitable candidate for diversion from the juvenile justice system. The goal is to divert appropriate youth from the juvenile justice system and offer appropriate services so the youth does not receive another referral to the probation department. Statewide, probation departments divert the vast majority of referrals from the juvenile justice system.

Closed at Intake

The probation officer may decide to close the referral at the intake level for a variety of reasons, which may include insufficient evidence or because it is a low-level offense. This is usually accompanied by an admonishment to the youth so he/she understands the seriousness of the situation and possible consequences that could ensue if the referral was forwarded to the district attorney’s office.

Hold Open

The probation officer may decide to hold the referral open for a period of up to 90 days with some conditions. These conditions may include ensuring the youth is abiding by his/her parent and/or guardian’s rules, attending school regularly, having no disciplinary problems at school and/or ensuring the youth does not receive another referral to the probation department. During this period of time, the officer is available to the youth and his/her parent and/or guardian to provide support and refer to any requested services. At the end of the “hold open” period, the officer will close the matter.

Informal Probation

The probation officer may decide to place the youth on an Informal Probation (654 WIC) contract. The probation officer may refer the youth to services provided by a health agency, community-based organization, local educational agency, an appropriate non-law-enforcement agency, or the probation department.

If the services are provided by the probation department, the specific program of supervision shall not exceed six months and shall attempt to adjust the situation that brings the youth within the jurisdiction of the court.

The probation officer will create a contract with the youth, which will include his/her conditions of informal probation. These conditions may include: obeying all laws, abiding by his/her parent and/or guardian’s rules, attending school regularly, and having no disciplinary problems at school. Depending on the circumstances, the youth may also be required to write a letter of apology, complete a required number of hours of community service and/or work project, repair the damaged property or make other appropriate restitution, and/or be referred to other services such as an educational or counseling program. If the youth does not satisfactorily complete informal probation, the probation officer may request a petition be filed by the prosecuting attorney; however, if in the judgment of the probation officer, the interest of the youth and the community can be protected, the probation officer shall make a diligent effort to proceed with informal probation. Typically, the probation officer will meet with the youth and his/her parent and/or guardian throughout the period of informal probation to provide support and any necessary referrals to resources. The goal is to prevent the youth from returning to the juvenile justice system.

Filing an Affidavit

When a youth is cited to appear at the probation department or is released from juvenile hall on a Promise to Appear, the intake/assessment probation officer may determine Court involvement is in the best interest of the youth and file an affidavit that is forwarded to the district attorney’s office.

Court Process

Filing a Petition

Once the district attorney’s office receives the affidavit from the probation department, the district attorney reviews the affidavit as well as the crime report(s) to determine which charges should be filed against the youth and may file the petition.

Arraignment

An arraignment is the proceeding where the youth is called before the court, informed of the charges he/she is facing, advised of his/her rights, appointed legal counsel (if requested), advised about the consequences of a plea, and asked to enter a plea.

Out-of-Custody Arraignment

An arraignment is the proceeding where the youth is called before the court, informed of the charges he/she is facing, advised of his/her rights, appointed legal counsel (if requested), advised about the consequences of a plea, and asked to enter a plea. At an out-of-custody arraignment, the judge will also decide if the youth should be detained or remain in the community while going through the court process.

In-Custody Arraignment

An arraignment is the proceeding where the youth is called before the court, informed of the charges he/she is facing, advised of his/her rights, appointed legal counsel (if requested), advised about the consequences of a plea, and asked to enter a plea. An in-custody arraignment takes place at the same time as the Detention Hearing.

Detention Hearing

Youth who are in custody are required to attend a Detention Hearing within 72 hours of their arrest for a felony and within 48 hours of their arrest for a misdemeanor, not counting weekends or holidays. At the Detention Hearing, the district attorney will provide the Court with the petition stating the charges facing the youth. The probation officer will provide a Detention Report giving the court the necessary information to determine if the youth is to be held in detention or can safely return home pending the resolution of the case. The judge will make the final determination if the youth should be detained or released while going through the court process.

Jurisdictional Hearing

After an arraignment, all youth will have a Jurisdictional Hearing, although timelines will differ for in-custody and out-of-custody youth. At the Jurisdictional Hearing, the youth will have the opportunity to either admit or deny the petition. The youth may enter an admitted plea, typically in an agreement with the district attorney’s office, for a lesser charge or for other charges to be dismissed. If the youth admits the petition, they will move on to the Dispositional Hearing. If the youth denies the petition, a Contested Jurisdictional Hearing will be scheduled.

Contested Jurisdictional Hearing

If a youth denies the charges, a Contested Jurisdictional Hearing is held, this is similar to a trial in adult court. At the contested jurisdictional hearing, both parties (the prosecutor and the defense) can enter evidence and present witnesses. There are not jury trials in juvenile court. Cases are held in closed court with the judge determining the outcome of the case. If the judge finds the petition is sustained, meaning the youth has been found true of the charges, the case moves on to the dispositional hearing.

Dispositional Hearing

The Dispositional Hearing generally happens two to three weeks after the Jurisdictional/Contested Jurisdictional Hearing. At the dispositional hearing, the judge orders the most appropriate sanction and treatment for the youth, as well as places the youth on probation and orders the terms and conditions of probation. Youth who have been held in-custody may be released at this hearing unless the judge determines additional periods of detention are necessary.

Dispositional Report

Once a youth has admitted the charges, or the charges have been found true by the judge, the probation department is ordered to prepare a Dispositional Report (i.e. Social History Report). The probation officer conducts a social history of the youth and his/her family and makes recommendations regarding what sanctions and services should be provided to the youth. Since juvenile court focuses on treatment and rehabilitation rather than punishment, the goal of the report is to give the judge information regarding what services will be needed to assist the youth in their rehabilitation. Recommendations to the court regarding may include a period of detention in juvenile hall, curfew, substance abuse and/or mental health treatment, drug testing, and cognitive behavioral programs among others. At times, due to issues within the family, it may be necessary for a recommendation of out-of-home placement. This could be because of the severity of the offense, for example a sex offense that requires residential treatment, or because there is no parent able or willing to care for the youth. If out-of-home placement is required, the probation officer is tasked with finding an appropriate placement.

Dual Jurisdiction

Some counties provide dual jurisdiction. This occurs in cases where there is a question of whether the case belongs in the juvenile delinquency court or the juvenile dependency court. In order to determine the jurisdiction of the case, a 241.1 WIC hearing is held. In dual jurisdiction counties, both the probation department and the child welfare department remain involved with the case. In counties without dual jurisdiction, it is solely the responsibility of the one court that retains jurisdiction, either juvenile delinquency court or juvenile dependency court. Cases typically remain in delinquency court when it has been determined that it is in the best interest of the youth and community safety that probation services are needed for the rehabilitation of the youth. Cases typically remain in dependency court when it has been determined that the youth’s actions were somewhat minimal and might stem from abuse and/or neglect.

Competency Issues

Competency Issues

At any time during the proceedings, but most commonly prior to the Jurisdictional Hearing, the judge or attorney may express doubt to a youth’s competency. Once this occurs, under 709(a) WIC, the court will suspend the process. The judge will order a competency evaluation to be conducted by an expert who meets certain requirements. The expert must have expertise in child and adolescent development, be familiar with the competency standards, be trained in juvenile competency, and be familiar with competency remediation. The expert is expected to write a report stating whether the youth is competent or not. The expert will make recommendations to the court for remediation to competency. The expert will state whether the youth suffers from a mental illness, mental disorder, developmental disability, or developmental immaturity.

Upon receipt of the expert’s evaluation, the judge will reinstate proceedings if the youth is found to be competent (709(d) WIC). If the youth is not competent, the judge will suspend the case no longer than reasonably necessary to determine the probability the youth will regain competency in the near future, or until the court no longer retains jurisdiction and the case must be dismissed. (709(e) WIC) If the charges are only misdemeanors, the case must be dismissed (709(f) WIC). Prior to dismissal, the court can rule on placement or detention issues.

The judge will order competency remediation training in an effort to restore competency. These services may include mental health services, trauma services, medication, behavioral counseling, curriculum based legal education and socialization skills. (709(g)(1) WIC)

If placement is determined by the judge to be necessary, it is to be in the least restrictive environment. A finding of incompetence alone is not enough to detain a youth in juvenile hall. If the youth is detained in the hall, there must be a review hearing every 30 days. If the youth is out-of-custody, the review hearing is every 45 days. When the youth is detained, the behavioral health services department shall provide the court with suitable alternatives for continued delivery of services upon release from custody. Competency remediation training may not exceed one year. (709(h)(3) WIC). Section 709(h) WIC states that within six months of the incompetency finding, a hearing is required. If the recommendation is the youth cannot be remediated and the district attorney disagrees, the burden of proof is on the district attorney. If the youth is found to be competent and the youth disagrees, the burden of proof would be on the youth to show continued incompetency. Each county can set their own protocols for this process. When competency is restored, the proceedings are reinstated.

Transfer to Adult Court

DA Request for Transfer Hearing

A request can be made by the district attorney for the judge to conduct a Transfer Hearing to determine if the youth is eligible for transfer to criminal court. Prior to a youth being transferred to criminal court, certain criteria must be met. The youth must be sixteen or older at the time of the commission of a felony. Or the youth was fourteen or fifteen when a 707(b) WIC offense was committed but the youth was not apprehended prior to the end of juvenile court jurisdiction. If the criteria are met, the judge will order probation to complete a transfer report.

Transfer Report

A Transfer Report is prepared by a probation officer prior to the transfer hearing. The report includes behavior patterns and social history of the youth and any written or oral statements from the victim.

There are five criteria that probation must consider when writing a transfer report. These criteria are:

1. the degree of criminal sophistication exhibited by the youth
2. whether the youth can be rehabilitated prior to the expiration of the juvenile courts jurisdiction
3. the youth’s previous delinquent history
4. success of previous attempts by the juvenile court to rehabilitate the youth
5. the circumstance and gravity of the offense alleged in the petition to have been committed by the youth

The report also includes a recommendation by the probation officer as to whether the youth should be transferred to adult court or remain in juvenile court.

Transfer Hearing

A Transfer Hearing (or Fitness Hearing) is a proceeding in juvenile court where the judge decides whether or not a youth should be transferred to face criminal charges in adult court. If the judge decides the youth is “fit” for the juvenile system, the youth remains in juvenile court and the case moves to the jurisdictional hearing. If the judge decides the youth is “unfit” for the juvenile system, the youth is transferred to adult court. Once a youth has been transferred to criminal court, they will have the right to bail and move through the adult court system. If the youth is convicted of the offense, they will be sentenced in adult court.

Pre-Sentence Investigation Report

A Pre-Sentence Investigation Report is ordered by the judge, prepared by the probation officer, and assists the sentencing court in imposing an appropriate sentence for a youth who is being tried in Adult Court.

The pre-sentence investigation report is designed to give the judge the most current information to assist in sentencing decisions. It is not a reinvestigation of the crime. However, an overview of the crime leading to the conviction is one section of the report. This section is generally written based on information in the police report, interview with the arresting officer, or information that was presented in court during the trial. A report also includes a social history of the youth, including information regarding criminal history, employment, education, family, substance abuse, mental health issues, disabilities, housing, health, and financial status.

A victim impact statement is also part of the report. The victim may agree to an interview with the probation officer or may prepare their own written statement to be submitted to the court.

The probation officer gathers information from police reports, court documents, criminal rap (record of arrests and prosecutions) sheets, and interviews with the youth and victim. In some cases, the officer will also speak with mental health clinicians, substance abuse treatment providers, family members, or other involved persons.

Part of the pre-sentence investigation report is the recommendations section. The probation officer will have an evaluation of the case, looking at the youth’s needs and make recommendations to the court. If the youth has been convicted of a crime and prison is the recommendation, the probation department will also give information to the Department of Corrections and Rehabilitation. If the recommendation is for the youth to be on formal probation or mandatory supervision, the recommendations will consist of services needed to assist in rehabilitation. Recommendations also may include sanctions such as jail time, drug testing or electronic monitoring.

The probation officer is generally given about three weeks to complete the report. It is filed with the court prior to the sentencing and given to all attorneys and the youth. The victim also has the right to see the report.

The pre-sentence investigation report is also a way to assist the probation officer in supervising the youth if they are placed on probation or mandatory supervision. The officer will be able to see the needs of the youth and what services and supervision is needed for the youth to remain crime free. In most counties, a probation officer is assigned to the courtroom to be able to provide immediate information to the court.

Sentencing in Adult Court

After criminal proceedings have been completed in adult court, the judge has a variety of options for sentencing of the youth. The judge may order the youth to informal probation, formal probation, mandatory supervision per Section 1170(h) of the Penal Code, or state prison.

Juvenile Court Dispositions

Non-Wardship

During juvenile court proceedings, there are a number of options the judge has available that may result in non-wardship.

Non-Wardship Informational Probation

If a petition has been filed by the prosecuting attorney to declare a youth a ward of the court under Section 602 WIC, the judge may, without adjudicating the youth a ward of the court and with the consent of the youth and the youth’s parents and/or guardian, continue any hearing on a petition for six months and order the youth to participate in a program of informal probation supervision as set forth in Section 654 WIC.

Unless explicitly ordered by the judge, the probation officer will determine the terms and conditions of the period of informal probation. The probation officer may refer the youth to services provided by a health agency, community-based organization, local educational agency, an appropriate non-law-enforcement agency, or the probation department.

The probation officer will create a contract with the youth, which will include his/her conditions of informal probation. These conditions may include: obeying all laws, abiding by his/her parent and/or guardian’s rules, attending school regularly, and having no disciplinary problems at school. Depending on the circumstances, the youth may also be required to write a letter of apology, complete a required number of hours of community service and/or work project, repair the damaged property or make other appropriate restitution, and/or be referred to other services such as an educational or counseling program. Typically, the probation officer will meet with the youth and his/her parent and/or guardian throughout the period of informal probation to provide support and any necessary referrals to resources.

If the probation officer recommends additional time to enable the youth to complete the program, the judge may order an extension. The youth and the youth’s parents and/or guardian shall be ordered to appear at the conclusion of the six-month period and at the conclusion of each additional three-month period. If the youth successfully completes the program, the judge shall order the petition dismissed. If the youth has not successfully completed the program, proceedings on the petition shall proceed no later than 12 months from the date the petition was filed.

Non-Wardship Probation

The judge may continue the hearing for six months and place the youth on non-wardship probation, supervised or unsupervised, per 725(a) WIC. When the youth is ordered supervised for the six months, the youth will meet with a probation officer to go over the terms and conditions that the judge specified. Even though the youth is not a ward of the court, they are still expected to follow these conditions. The probation officer may refer the youth to programs and services designed to help assure the youth does not need further involvement in the justice system. Typically, the officer will meet with the youth and parents and/or guardians to review what has been ordered by the judge. Expected conditions will include that the youth attend school, obeying all laws and following the directives of his/her parents and/or guardians. There may also be a condition for the parents and/or guardians to attend counseling and/or an education program, if appropriate. The officer may have continued contact with the parents as needed. If the youth has been charged with an illegal substance offense, the youth may be required to attend substance abuse treatment.

One significant difference between a youth supervised on non-wardship probation and wardship probation if regarding what happens if the youth violates their terms and conditions. Youth on non-wardship probation may not be arrested and booked into juvenile hall for a violation. The officer can file a modification petition with the court and the judge will determine any further action. Further action could include making the youth a ward of the court and ordering the youth on formal probation.

The youth and his/her parents and/or guardians will be ordered to return to court for a six month review. If the youth successfully completes his/her program the judge will dismiss the case and the youth will no longer be under the supervision of the probation department.

Deferred Entry of Judgement

If a youth is found eligible for Deferred Entry of Judgment (DEJ) per Section 790 of the Welfare and Institutions Code, the district attorney shall file a declaration in writing with the court or state for the record the grounds upon which the determination is based and shall make this information available to the youth and his/her attorney. There also must be a finding that the youth is suitable for deferred entry of judgment and would benefit from education, treatment, and rehabilitation efforts.

The judge may set the hearing for DEJ at the initial appearance under Section 657 WIC. In lieu of jurisdictional and dispositional hearings, the court may grant DEJ with respect to any offense charged in the petition, provided the youth admits each allegation contained in the petition and waives time for the pronouncement of judgment.

When a youth is permitted to participate in DEJ, the judge shall impose, as a condition of probation, the requirement the youth be subject to warrantless searches of his/her person, residence, or property under his/her control, upon the request of a probation officer or peace officer. The judge shall also consider whether imposing random drug or alcohol testing, or both, including urinalysis, would be an appropriate condition of probation. The judge shall also, when appropriate, require the youth to periodically establish compliance with curfew and school attendance requirements. The judge may, in consultation with the probation department, impose any other term of probation authorized by this code that the judge believes would assist in the education, treatment, and rehabilitation of the youth and the prevention of criminal activity. The youth may also be required to pay restitution to the victim(s).

The probation officer monitors the youth for compliance with the terms and conditions of their deferred entry of judgment. Upon the successful completion of the terms of probation, as defined in Section 794 WIC, the positive recommendation of the probation department, and the motion of the district attorney, but no sooner that 12 months and no later than 36 months from the date of the youth’s referral to the program, the judge shall dismiss the charge or charges against the youth.

If there is a failure of the youth to comply with the terms and conditions of probation, including the rules of any program the youth is directed to attend, or any circumstances specified in Section 793 WIC, the district attorney or the probation department, or the judge on their own, may make a motion to the court for entry of judgment and the judge shall render a finding that the youth is a ward of the court pursuant to Section 602 WIC for the offenses specified in the original petition and shall schedule a dispositional hearing.

Wardship

A judge may adjudge a youth a ward of the juvenile court under Section 602 of the Welfare and Institutions Code. The judge has a variety of options to order: home on probation; custody in probation camp/ranch; placement in a foster home; or custody in secure youth treatment facility. When a youth has been adjudged a ward of the court, the judge stands in the place of the parent and/or guardian and takes over control and responsibility for the youth.

Home on Probation Supervision

A judge may adjudge a youth a ward of the court and order the youth to remain at home with a parent and/or guardian on wardship probation under the supervision of a probation officer. This disposition may be with no custody time or followed by a juvenile hall commitment.

Supervision Services

Probation departments provide community supervision services to monitor youth who have been adjudged wards of the court by a judge and placed on probation. Supervision probation officers monitor to ensure they are abiding by the terms and conditions of their supervision and to provide evidence based, supportive, and transitional services to assist the youth. The probation officer’s role is multi-fold, and they provide delinquency prevention, crisis intervention, and supervision services. Probation’s role is to prevent entry into the adult criminal justice system by reducing juvenile recidivism, to help heal and reconnect families, to respond to youth behavior with interventions that reduce re-offense and teach youth healthy and positive tools for dealing with adversity.

In keeping with the current evidence-based trends for offender management, probation departments assess youth to determine the level of risk they pose to the community and what treatment modalities and dosage would best achieve measurable outcomes. Criminogenic needs are those attributes that if treated are most likely to decrease the likelihood of future criminality. Probation departments use validated risk and needs assessment instruments to help determine a youth’s risk to reoffend and their criminogenic needs and which services address those needs. Supervision levels are assigned based on the youth’s risk level.

Probation officers are responsible for reassessing youth, referring the youth to targeted interventions, making corresponding changes to the case plan, and implementing the goals and objectives of the case plan, which address each youth’s criminogenic needs. Officers monitor compliance with the case plan and the court-ordered terms and conditions of probation, and file violations of probation when necessary. They meet with the youth and their parent and/or guardian on a regular basis (ranges from weekly, bi-weekly or monthly depending on risk level and/or offense). The probation officers ensure the youth is attending all court, counseling, or program appointments and may assist with transportation when necessary. Youth who are dual jurisdiction may still be supervised by a probation officer.

Probation officers offer a range of services to youth served in the community including multi-systemic therapy, cognitive behavioral therapy, wraparound services, aggression replacement training, referrals to mental health and/or substance use disorder treatment, and vocational and educational programming.

The supervision of youth is directly linked to the implementation of the nationally recognized evidence-based supervision model and its core principles. The Principles of Effective Intervention, the use of validated assessment tools, the application of Motivational Interviewing Techniques, the facilitation of Cognitive Behavioral Therapy (CBT) interventions, and the use of appropriate incentives has been proven to show positive effects on this population. (link to EBP) Case management may include the following components:

• Validated risk and needs assessment
• Caseload placement and assignment
• Financial evaluation assessment
• Development of probation supervision case plan
• Regular field visits
• Motivational Interviewing practices (link to EBP)
• Referral to evidence-based programming (cognitive behavioral interventions)
• Regular drug testing
• Referrals to other services and monitoring of participation based on needs (behavioral health services, social services, substance abuse, educational services, employment services)
• Graduated sanctions as needed to promote rehabilitation (i.e. community service, electronic monitoring, global positioning satellite, flash incarceration, day reporting center, specialized court programs, revocation)
• Appropriate positive incentives
• Aftercare planning and linkages to the community

Terms and Conditions of Probation

Terms and conditions of probation are ordered by the Court and are tailored to the individual youth. Consideration will be given to not only the facts of the offense before the Court but also the youth’s social history. Conditions of probation cannot be arbitrary or capricious. The youth must also have the ability to comply with the court-ordered condition.

Examples of common court-ordered terms and conditions of probation are:

• A curfew between the hours of 10:00 p.m. and 6:00 a.m. unless the youth is accompanied by his/her parent and/or guardian
• Attend a school program approved by the probation officer without absence
• The parent and/or guardian may be required to participate in a counseling or education program
• Obey all laws
• Obey the reasonable directives of parent and/or guardian
• Obey the reasonable directive of the probation officer
• Attend programming and/or counseling as determined by the probation officer
• Submit to random drug and alcohol testing
• Stay away orders from victims
• Pay restitution to victims
• Non-association clauses with codefendants
• Non-association clauses with gang members
• Search and seizure clause may be unlimited or specific to certain terms (i.e. gang indicia, drugs, drug paraphernalia, stolen property, burglary tools)
• Electronic Monitoring and/or Global Positioning Satellite.

Specialized Caseloads

Many probation departments assign cases based on risk level. For instance, low and moderate risk youth may be assigned to a caseload with less intensive supervision and where the probation officer has less contact with the youth. The probation officer is available to assist the youth and his/her parent and/or guardian if problems arise and provide assistance in resolving the problem or making a necessary referral to correct the behaviors and prevent the youth from returning to court.

The majority of cases will be placed on a general supervision caseload. Oftentimes, cases are assigned by a geographical area or a school the youth attends. Some probation departments have specialized caseloads with specific criteria, such as sex offenders, gender responsive, transitional age youth, and gang members.

Specialty Courts

Some probation departments have specialty courts, which are collaborative courts based on a drug court model. These courts include all the collaborative partners that serve the youth, such as representatives from superior court, the district attorney’s office, the public defender’s office, the probation department, behavioral health services, substance abuse services, and community-based organizations.

In these specialty court programs, the youth will report to court anywhere from weekly, bi-weekly or monthly. During these proactive court appearances, it provides the judge the opportunity to hear how the youth is doing from all the parties that provide services to him/her. It allows the judge to praise the youth when he/she is doing well and to admonish the youth when he/she is not doing well or not participating in counseling or evidence-based programming. If necessary, the judge may sanction the youth. This may take different forms such as more frequent court appearances, a referral to an evidence-based program, or by detaining the youth in juvenile hall for a period of time, such as a weekend. The goal is that by having regular contact with the youth and all the involved parties, more serious behavior is prevented, and a more serious sanction is avoided.

Examples of specialty courts are:

• Drug Courts
• Mental Health Courts
• Transitional Age Youth Courts
• Gender Responsive Courts