The Mission:

We are seeking to help them strive Educationally, Economically, Politically, to build Social Development Skills, Organizational Skills and Unity. And if we use these six (6) elements I just mentioned as a guiding light, we believe that they will grow and develop into our future leaders of tomorrow. In the visions of this program and through this programs’ vision they’ll become a reckoning force of power beyond boundaries and without measures. If they trust, look, listen, and learn to see everything placed before them in its entire form, and to that all they have to do is keep their eyes, ears, and mind open and they will learn. All they have to do is use everything they have learned from our program to gain an advantage in life. With the concept of the five (5) P’s, which is our motto and stands for: Proper Preparation Prevents Poor Performance. Thus, meaning if we Properly Prepare them for the future we can Prevent Poor Performance in their lives--by giving them stepping stones instead of stumbling blocks--and that poor performance is being involved in drugs, guns, robberies, and several other crimes and mishaps and going in and out of jail. So, we are asking you, the parents and community, to lend a helping hand in making the J.I.T. Outreach Program a success and impact in giving our children a chance to live an auspicious, propitious, and fortunate future!!

Our main focus is helping these juveniles to seek a better path in life other than that of the streets; but in order to do so; we’ll need the help of those juveniles’ parents. If we show them Love, Life, Loyalty, Knowledge, Wisdom, and Understanding, we believe that we can capture their way of thinking at an early stage in life, we can help mold them into our future Lawyers, Doctors, Teachers, Police Officers, Fire Fighters, Governors, Senators, Contractors, etc. As we all know, it takes a village to raise child, and with the help of the parents and community, J.I.T Outreach Program will become that village. Even though I was once one of those juveniles involved in the street life, drugs and guns, I have made a major turn-around in my life and I am willing to help these juveniles make that same turn-around in life that I made through my experience. By being a positive role-model and being heavily involved with the children and their families to help keep them from making those same mistakes that I made or end up in one or two places that nobody wants to be: Jail or the Graveyard!!

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"What Do the People Have To Say?"

Tuesday, May 15, 2012

State Statutes That Govern the Transfer of Juveniles to the Adult Court System, part 2


Colorado

C.R.S. 19–2–508 (1998)
Detention and shelter, hearing, time limits, confinement with adult offenders, restrictions

(4) (a) No jail shall receive a juvenile for detention following a detention hearing pursuant to this section unless the juvenile has been ordered by the court to be held for criminal proceedings as an adult pursuant to a transfer or unless the juvenile is to be held for criminal proceedings as an adult pursuant to a direct filing. No juvenile under the age of fourteen (14) and, except upon order of the court, no juvenile fourteen (14) years of age or older shall be detained in a jail, lockup, or other place used for the confinement of adult offenders. The exception for detention in a jail shall be used only if the juvenile is being held for criminal proceedings as an adult pursuant to a direct filing or transfer.

(b) Whenever a juvenile is held pursuant to a direct filing or transfer in a facility where adults are held, the juvenile shall be physically segregated from the adult offenders.

(c) The official in charge of a jail or other facility for the detention of adult offenders shall immediately inform the court that has jurisdiction of the juvenile’s alleged offense when a juvenile who is or appears to be under 18 years of age is received at the facility, except for a juvenile ordered by the court to be held for criminal proceedings as an adult.

(d) Any juvenile arrested and detained for an alleged violation of any article of title 42, C.R.S., or for any alleged violation of a municipal or county ordinance, and not released on bond, shall be taken before a judge with jurisdiction of such violation within forty-eight (48) hours for the fixing of bail and conditions of bond pursuant to sub-paragraph (IV) of paragraph (a) of subsection (3) of this section. Such juvenile shall not be detained in a jail, lockup, or other place used for the confinement of adult offenders for longer than six (6) hours, and in no case overnight, for processing only, after which the juvenile may be further detained only in a juvenile detention facility operated by or under contract with the department of human services. In calculating time under this subsection (4), Saturdays, Sundays, and legal holidays shall be included.

(e) The official in charge of a jail, lockup, or other facility for the confinement of adult offenders that receives a juvenile for detention should, wherever possible, take such measures as are reasonably necessary to restrict the confinement of any such juvenile with known past or current affiliations or associations with any gang so as to preventcontact with other inmates at such jail, lockup, or other facility. The official should, wherever possible, also take such measures as are reasonably necessary to prevent recruitment of new gang members from among the general inmate population. For purposes of this paragraph (e), “gang” is defined in section 19–1–103 (52).

(f) Any person who is eighteen (18) years of age or older who is being detained for a delinquent act or criminal charge over which the juvenile court has jurisdiction shall be detained in the county jail in the same manner as if such person is charged as an adult.
                                                                                                                                                                   
Connecticut

Conn. Gen. Stat. § 46b–133c (1997)

(f) Whenever a proceeding has been designated a serious juvenile repeat offender prosecution and the child does not waive his right to a trial by jury, the court shall transfer the case from the docket for juvenile matters to the regular criminal docket of the Superior Court. Upon transfer, such child shall stand trial and be sentenced, if convicted, as if he were sixteen (16) years of age, except that no such child shall be placed in a correctional facility but shall be maintained in a facility for children and youth until he attains sixteen (16) years of age or until he is sentenced, whichever occurs first.
                                                                                                                                                                   
Delaware
10 Del. C. § 1009 (1998)
Adjudication, disposition following adjudication, commitment to custody of Department of Services for Children, Youth and Their Families, effect

(2) No dependent or neglected child shall be placed in a secure detention facility or a secure correctional facility unless charged with or found to have committed a delinquent act. No child shall be placed in an adult correctional or adult detention facility.
                                                                                                                                                                   
Florida

Fla. Stat. § 951.23 (1998)
County and municipal detention facilities, definitions, administration, standards and requirements

(a) There shall be established a five-member working group consisting of three persons appointed by the Florida Sheriffs’ Association and two persons appointed by the Florida Association of Counties to develop model standards for county and municipal detention facilities. By October 1, 1996,each sheriff and chief correctional officer shall adopt, at a minimum, the model standards with reference to:

(2) The confinement of prisoners by classification and providing, whenever possible, for classifications which separate males from females, juveniles from adults.

Fla. Stat. § 985.211 (1998)
Release or delivery from custody

(5) Upon taking a child into custody, a law enforcement officer may deliver the child, for temporary custody not to exceed 6 hours, to a secure booking area of a jail or other facility intended or used for the detention of adults, for the purpose of fingerprinting or photographing the child or awaiting appropriate transport to the department or the appropriate juvenile probation officer or detention facility or center, provided no regular sight and sound contact between the child and adult inmates or trustees is permitted and the receiving facility has adequate staff to supervise and monitor the child’s activities at all times.

Fla. Stat. § 985.215 (1998)
Detention

Under no circumstances shall the juvenile probation officer or the state attorney or law enforcement officer authorize the detention of any child in a jail or other facility intended or used for the detention of adults, without an order of the court.

(3) Except in emergency situations, a child may not be placed into or transported in any police car or similar vehicle that at the same time contains an adult under arrest, unless the adult is alleged or believed to be involved in the same offense or transaction as the child.

(4) The court shall order the delivery of a child to a jail or other facility intended or used for the detention of adults:

(a) When the child has been transferred or indicted for criminal prosecution as an adult pursuant to this part, except that the court may not order or allow a child alleged to have committed a misdemeanor who is being transferred for criminal prosecution to be detained or held in a jail or other facility intended or used for the detention of adults; however, such child may be held temporarily in a detention facility; or

(b) When a child taken into custody in this state is wanted by another jurisdiction for prosecution as an adult. The child shall be housed separately from adult inmates to prohibit a child from having regular contact with incarcerated adults, including trustees. “Regular contact” means sight and sound contact. Separation of children from adults shall permit no more than haphazard or accidental contact. The receiving jail or other facility shall contain a separate section for children and shall have an adequate staff to supervise and monitor the child’s activities at all times. Supervision and monitoring of children includes physical observation and documented checks by jail or receiving facility supervisory personnel at intervals not to exceed 15 minutes. This paragraph does not prohibit placing two or more children in the same cell. Under no circumstances shall a child be placed in the same cell
with an adult.
                                                                                                                                                                   
Georgia


§15–11–20 (1998)

(a) Allegation of delinquency. A child alleged to be delinquent may be detained only in:

(1) A licensed foster home or a home approved by the court which may be a public or private home or the home of the noncustodial parent or of a relative;

(2) A facility operated by a licensed child welfare agency; or

(3) A detention home or center for delinquent children which is under the direction or supervision of the court or other public authority or of a private agency approved by the court.

(b) Allegation of capital or violent offense. A child alleged to have committed an offense over which the superior court has exclusive or concurrent jurisdiction under subsection (b) of Code Section 15–11–5 shall be detained pending a commitment hearing under Code Sections 17–6–15 and 17–6–16 and Articles 1, 2, and 8 of Chapter 7 of Title 17 or an indictment only in a facility described in paragraphs (1) through (3) of subsection (a) of this Code section unless it appears to the satisfaction of the court in which the case is pending that public safety and protection reasonably require detention in the jail and the court so orders, but only where the detention is in a room separate and removed from those for adults and constructed in such a way that there can be no physical contact between a child and an adult
offender.

(c) Transfer following indictment. Following an indictment for an offense over which the superior court has exclusive or concurrent jurisdiction under subsection (b) of Code Section 15–11–5 or following the transfer of a case to any court for criminal prosecution under Code Section 15–11–39, the child shall be held only in a facility described in paragraphs (1) through (3) of subsection (a) of this Code section unless it appears to the satisfaction of the superior court that public safety and protection reasonably require detention in the jail and the court so orders, but only where the detention is in a room separate and removed from those for adults and constructed in such a way that there can be no physical contact between a child and an adult offender.

(d) Notification of court by official of jail. The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall immediately inform the juvenile court or a duly authorized officer of the juvenile court if a person who is or appears to be under the age of seventeen (17) years is received at the facility and shall bring him or her before the court upon request or deliver him or her to a detention or shelter care facility designated by the court; provided, however, the official in charge of a jail or other facility for the detention of adult offenders or persons charged with a crime shall immediately inform the court in which the case is pending or a duly authorized officer of such court if a person who is or appears to be thirteen (13) to seventeen (17) years of age and who is alleged to have committed any offense enumerated in sub-paragraph (b)(2)(A) of Code Section 15–11–5 is received at the facility and shall bring him or her before the court upon request or deliver him or her to a detention facility designated by the court. Such child shall not be held in the jail, but may be held in a temporary holding area outside of the jail constructed as such for not longer than six (6) hours pending transfer to the detention facility. For purposes of this Code Section, the term “jail” shall include not only the cells, but any other secured area of the jail adjacent to the cells in which adult offenders are held or through which they are transported.
                                                                                                                                                                   
Hawaii


HRS § 571-32 (1999)
Detention, shelter, release, notice


(d) …If there is probable cause to believe that the child comes within section 571–11(1), the child may be securely detained in a certified police station cell block or community correctional center. The detention shall be limited to six (6) hours. In areas which are outside a standard metropolitan statistical area, the detention may be up to twenty-four (24) hours, excluding weekends and holidays, if no detention facility for juveniles is reasonably available. Any detention in a police station cell block or community correctional center shall provide for the sight and sound separation of the child from adult offenders.


(i) The official in charge of a facility for the detention of adult offenders or persons charged with crime shall inform the court immediately when a child who is or appears to be under eighteen (18) years of age is received at the facility.


(j) Any other provision of law to the contrary notwithstanding, any person otherwise subject to proceedings under chapter 832 and who is under the age of eighteen (18) may be confined in a detention facility or correctional facility by order of a judge for the purposes set forth in section 832–12, 832–15, or 832–17.



(k) The department of human services through the office of youth services shall certify police station cell blocks and community correctional centers that provide sight and sound separation between children and adults in secure custody. Only cell blocks and centers certified under this subsection shall be authorized to detain juveniles. The office of youth services may develop sight and sound separation standards, issue certifications, monitor and inspect facilities for compliance, cite facilities for violations, withdraw certifications, and require certified facilities to submit such data and information as requested. In addition, the office of youth services may monitor and inspect all cell blocks and centers for compliance.

                                                                                                                                                                   
Idaho


§ 20–509 (1998)


(2) Once a juvenile has been formally charged or indicted according to this section or has been transferred for criminal prosecution as an adult pursuant to the waiver provisions of sec. 2–508, Idaho Code, or this section, the juvenile shall be held in a county jail or adult prison facility unless the court, after finding good cause, orders otherwise.
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