In the State of Florida, juvenile offenders are entitled to legal assistance at all stages of criminal proceedings. (3) In addition to the Commissioners, who shall be the voting representatives of each State, the Intergovernmental Commission shall consist of persons who are not Commissioners but who are members of interested organizations. These non-commissioners include a member of the National Organization of Governors, legislators, state supreme court presidents, attorneys general, the Interstate Compact for the Supervision of Adult Offenders, an Interstate Compact on Child Placement, juvenile justice and juvenile correctional officers, and victims of crime. All non-interim members of the Intergovernmental Commission shall be ex officio non-voting members. The Intergovernmental Commission may provide in its statutes for additional non-voting members, including members of other national organizations, in a number of ex officio functions determined by the Intergovernmental Commission. If the juvenile is detained following an assessment by the JPO, the court must hold a detention hearing within 24 hours. At the hearing, a judge will determine whether there is a reason to detain the minor and for how long. The judge may order that the juvenile attend a diversion program, order that the juvenile be detained for the continuation of proceedings in a juvenile court, or give the prosecutor time to file an application for judgment in adult court. In general, with a few exceptions, a juvenile may not be detained for more than 21 days unless a hearing has been initiated for the case. Between 2003 and 2008, for example, Florida transferred an average of 164.7 juvenile offenders per 100,000 to adult court, more than 50 percent more than any other state. The majority of these young offenders have been charged with non-violent crimes. For repeat youth offenders and those who commit serious offences, the detention process and subsequent prosecution can be very different from that of first-time offenders.
Juvenile justice, children`s laws and budgetary procedures use unique terminology that is not associated with the adult criminal justice system. This glossary is intended to give you a better understanding of juvenile justice and does not replace the legal definition given in CH 985.03, F.S. The burden of proof rests with the State and must prove beyond a shadow of a doubt the allegations contained in the claim for delinquency. The minor has the right to present evidence, to testify on his or her own behalf and to cross-examine witnesses. Young people also enjoy all rights against self-incrimination. If the court finds that the minor has not committed a criminal offence or violation of the law, it issues a corresponding order and rejects the application. If the court considers that the juvenile has committed a criminal act or a violation of the law, it may rule on the juvenile offender or refuse to make the decision. For the imposition of sanctions, an injunction hearing is then scheduled.
Juveniles who are on probation or “probation” (see below) in Florida and who need to move to another state (receiving state) must request a transfer through their juvenile probation officer in Florida. As soon as the host State accepts the transfer request and supervision, the young person may travel. Juvenile offenders: A person who broke the law before the age of 18. The juvenile court processes cases until the young person`s 19th birthday or until the court order is enforced. (18) Coordination of information, training and public awareness of the intergovernmental youth movement for officials involved in these activities. 2. Other monitoring programmes may be implemented by an entity such as a law enforcement agency, a department, a youth assessment centre, a county or municipality, or another entity selected by the department. (b) If the child is a prolific juvenile offender within the meaning of paragraph 985.255(1)(f), the hearing must be held within 45 days after the child is detained, unless the child requests a postponement. (10) “Probation or probation” means any form of supervision or conditional release of juveniles permitted by the laws of the States of concentration.
Refusal of conviction: The court finds that a minor has committed a delinquent act, but refuses to rule on criminal offences. The court places the juveniles under community control. The arbitrator or community panel shall set a reasonable period of time within which the order must be enforced. The community adjudicator or court reports to the juvenile probation officer on the decision in that case. The Direct Records Act (at the discretion of the Public Prosecutor`s Office) allows prosecutors to decide whether or not to convict a juvenile offender as an adult on the basis of a personal assessment of the offences and the juvenile`s background.