The Process in Juvenile Cases

In 2003 New Jersey published a manual that related to the policies and protocol associated with juvenile violation of probation cases. (Manual). The Manual was conceived to set statewide standards and guidelines for the filing of violations of probation (VOP) complaints against juvenile offenders, so as to ensure uniformity. Another one of its purposes was to provide instructions to probation officers as to the use of various intermediate sanctions to deal with non-compliance problems. These intermediate sanctions included increasing reporting requirements and imposing additional conditions of probation in order to secure compliance without prosecuting a VOP. These intermediate sanctions are to be applied progressively beginning with the least onerous of measures.

The Manual also requires probation officers to discharge their responsibilities consistent with core
principles of New Jersey's Criminal Code as they would relate to juvenile cases including:

• The preservation of the family unit.
• The nurturing of the mental and physical development of the juvenile.
• The removal of some of the stigma associated with adult criminal convictions, so as to allow for rehabilitation and accountability.
• The removal of children from families only under compelling circumstances.

In its effort to provide uniform standards, the Manual specifically analyzes the events that could trigger a VOP and the options available to probation officers in each of those circumstances. A synoptic analysis of those potential events and recommended instructions follow:

A. A New Criminal Offense

The Manual begins by stating that sanctions for a new offense should be analyzed with an eye to the probationer’s risk to the community and the seriousness of the new charges . The Manual requires a probation officer to issue a VOP within five working days following notification of the offense where the offense is a first or second degree crime. This procedure will provide prompt advice to the Court of the offense and enable it to determine the appropriate process (i.e. prosecute a VOP or wait until there is an adjudication of the new charge). Where the offense is a third or fourth degree crime the probation officer may file a VOP or wait until the new offense has been adjudicated. That decision should be influenced by the circumstances associated with the new offense and the probationer’s prior participation in probation.

If the new offense is a disorderly person offense or a motor vehicle offense, the probation officer may file a VOP after consulting with his supervisor. If it is later determined that the new offense is not serious enough to trigger a VOP, intermediate sanctions should be applied.

B. Possession of a Firearm or Other Dangerous Weapons

This is a serious offense. Usually, the Manual would require a probation officer to file a VOP within
five days after he/she receives notice of the event.

C. Failure to Report

The probationer’s reporting responsibility is critical to the effective administration of probation because it allows the probation officer to assess the needs of the probationer, modify the conditions of probation and the probationer’s progress. Under ordinary circumstances, a failure to report will automatically trigger a VOP. The Manual, however, instructs probation officers to try to recondition a probationer to comply with the reporting responsibility before filing a VOP provided a superior is consulted. If, however, the probationer has missed three consecutive meetings or has established a pattern of poor performance, a VOP should be filed.

D. Leaving the Jurisdiction Without Permission

A VOP should be filed within five days after learning that a probationer has left the state. If the probationer returns, the probation officer can continue probation with additional conditions or file a VOP.

E. Leaving Home or Twenty-Four Hours Without Permission

If this event occurs, the probation officer should approach the problem with the appropriate intermediate sanctions. If the conduct continues or other serious patterns of non-compliance are evident, a VOP should be filed.

F. Failure to Provide Assess to Home or Parents

The residence of the probationer and his/her interaction with parents is an important ingredient in allowing a probation officer to assess the best way to rehabilitate the probationer. Any interference with this condition of probation by either the probationer or the parent, can require serious consequences, including a VOP.

G. Failure to Provide Candid and Truthful Information

Again, this condition of probation allows a probation office to collect information to assist in the rehabilitation process. If a probationer is less than truthful to his/her probation officer, a VOP may result.

H. Failure to Participate in Diagnostic or Therapeutic Programs

If a court orders a probationer to obtain psychological evaluation or participate in drug addiction counseling programs, a probationer should be immediately referred to an appropriate agency within ten days of those instructions. If a probationer fails to participate in these programs, a VOP will result. In addition, a probation officer may conduct random urine testing. If a positive test is returned, a probation officer would usually refer the probationer to an appropriate agency for evaluation and treatment. Immediate sanctions may be imposed as well. A probationer who produces positive urine on a reoccurring basis will be subjected to a VOP.

I. Failure to Attend School or Maintain Employment

For a probationer under the age of sixteen, school attendance is absolutely required. Sanctions will attach immediately with non-compliance. If the juvenile persists in not attending school, a VOP will be filed. School participation of probationers over sixteen may be ordered as a condition of probation as well. In those instances the protocol recited above should apply with equal force. If the juvenile is over the age of sixteen and not in school, he/she is expected to become employed or seek immediate employment. Non-compliance can provoke immediate sanctions and continued non-compliance a VOP.

J. Failure to Follow Curfews

If a juvenile violates a curfew condition frequently and there are other issues of non-compliance he/she will be subjected to VOP.

In closing this article, it should be noted that the Court has authority to impose other conditions at the time the juvenile is sentenced.