Policy:
It is the policy of the Saint Paul Police Department that juveniles be handled in a manner consistent with state law and to use the least coercive methods of dealing that are consistent with preserving public safety, order, and individual liberty.
Procedures:
The officer coming in contact with the juvenile offender has discretion as to what type of action should be taken. Stated broadly, there are two alternatives for handling a juvenile, informal or formal.
Informal Handling:
The term is used to denote the cases in which an officer chooses not to direct a juvenile case through official channels. For officers of this department, informal handling will consist of the following:
Non-custodial warning: A non-custodial warning takes place when the officer requires the offenders to desist from the offending activity (i.e., playing ball in the street). In the case of non-custodial warnings, no further action by the officer is necessary if the warning has the desired effect.
Custodial warning: A custodial warning takes place when an officer takes the offender into custody and then releases him/her to the control of parent(s), guardian or a responsible adult with a warning to the offender and explanation to the parent(s), guardian or responsible adult.
In cases where custodial warnings are used, the officer will write a report detailing the incident and the officer’s response. The report will be detailed enough to enable the youth services section to complete or update the juvenile offender’s history. A youth services section investigator will make a determination as to whether any further action will be taken (referral to an appropriate agency or petitioning to court).
Juvenile shoplifting cases will be handled by issuing the juvenile a tag for the offense, if the juvenile can be identified. The juvenile will then be turned over to a parent or responsible adult. Both the juvenile and the adult will sign the juvenile offense tag. If the parent or responsible adult cannot be found, the case will follow formal channels with the offender being brought to the youth services section for disposition or to the watch commander when the youth services section is not open.
Formal Handling:
With this alternative the juvenile is taken to the youth services section or to the watch commander who will make a decision on the necessity of further processing and a decision on proper disposition based on the following criteria:
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The seriousness of the offense.
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The nature and number of prior police contacts and the results of those contacts.
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The age of the juvenile
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The attitude of the juvenile with regard to cooperating with a referral agency if referral is appropriate.
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The willingness of the parents or guardian to cooperate with the police or referral agency and their ability to exert control over the juvenile.
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The recommendations, if any, of the victim or complainant.
Proper disposition can be any one of the following:
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Release of the offender to his/her parents or guardian with no further action.
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Referral to the Youth Service Bureau for counseling, community service work, or participation in property offense programs.
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Referral to ACE, Fire Play Program, Chemical Health or other program
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Release with referral to probation officer.
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Release to parent or guardian with petition to court at a later date.
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Detention with petition to court.
Prior to the youth going to JDC for their assessment, a commander or sergeant will need to complete a Juvenile Detaining Authority RAI worksheet. This form includes information about the juvenile needed to complete the RAI at JDC. There is an override portion of this form that the person completing it can check in the event it is deemed the youth should be held in detention regardless of their RAI score. An explanation of justification will need to be included.
The above guidelines have been developed and are based on empirical data. They have been found to be effective in most cases. However, they are to be considered as guidelines, and strict adherence is not absolutely required. The individual merits of each case and the particular circumstances of each individual will dictate that particular disposition. However, as a general rule the youth services section will petition alleged juvenile offenders to the Juvenile Court for the following delinquent acts:
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All delinquent acts that if committed by an adult would be felonies.
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All serious gang-related delinquent acts.
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All delinquent acts committed by juveniles under probation or parole or by those with a case pending in juvenile court.
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All repeated delinquent acts within the preceding 12-month period when referral to a social agency would not be appropriate.
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When the juvenile has been selected for a diversion program but has refused to participate.
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When it has been determined that parental supervision is not effective.
No juvenile can be or will be petitioned to juvenile court unless facts exist to support a conviction of the charge outlined in the petition.
Updated February 1, 2019