Juvenile Justice Coalition of Minnesota

Acquittal

The finding of not guilty

Adjudicated

The term used in juvenile court to indicate that a juvenile has been found to commit a delinquent act.

Admit

The equivalent of a guilty plea in adult court. Usually the child’s initial hearing at which time the court insures that the child and parents understand their rights, the charge and possible consequence. The child must admit or deny the charge at this time.

Appeal

The act of seeking a higher court’s review of a lower court’s decision

Apprehension and Detention Orders

Probation agents have the authority to apprehend and detain adult and juvenile offenders if they violate conditions of probation and/or are alight risk. They can be held for up to 72 hours and then must either appear in court for the violation or be released as a discipline measure. U.S.A. 244.195.

Arraignment

A hearing before a judge during which the judge reads the charges to the defendant and the defendant pleads guilty or not guilty.

Arrest

The taking of a person into custody by an officer of the law

Bail

Money a defendant puts up (usually a bond) to allow his or her release from custody and to guarantee his or her appearance at a future hearing.

Bailiff

The individual in the courtroom who helps the judge manage the evidence and maintain order in the courtroom.

Beyond a Reasonable Doubt

A standard of proof required to convict a person of a crime.

Burden of Proof

A party’s duty to prove a disputed fact.

Certification

A decision made by a judge to try a juvenile in adult court

Charge

The process of accusing the defendant of a crime.

CHIPS

Children in Need of Protection or Services These are children whose cases have been brought into juvenile court, usually by the social services agency, as the result of a dependency or neglect petition.

Circumstantial Evidence

Facts or testimony not based on actual personal knowledge or observation, by which other non-substantiated facts can be reasonably inferred.

Commitment

The legal action taken by the juvenile court when it has been determined by the court that the adjudicated juvenile should be placed in a state juvenile corrections facility operated under the jurisdiction of the Commissioner of Corrections. In doing so, the child’s custody is transferred to the Commissioner.

Court Services Tracking System (CSTS)

This database is used in nearly every county in Minnesota. This system tracks client data, client contacts, client tasks, and allows for supervisor reports. In the future, all counties will be linked through this system.

Crime

CriME is an enterprise architecture that puts in place a statewide framework of people, processes, data, standards, and technology focused on providing accurate and comprehensive data to the criminal justice community in the State of Minnesota. It provides the means to put “the right data in the hands of the right people at the right time and in the right place”. http://www.crimnet.state.mn.us

Delinquency

A term which describes a juvenile’s behavior that is judged to be anti-social or in violation of the law. U.S.A. 260B.001

Delinquent

A child who is at least 10 years of age, but not more than 18 years of age who has committed an act that would be a crime if committed by an adult. M.S.A.260B.001

Deny

The equivalent of a not-guilty plea in adult court.

Dependency

A term which describes a child whose parents are willing, but unable, to provide necessary care and supervision.

Detention

The temporary holding of a child, in either a secure or non-secure facility, until the next appearance in juvenile court. Typically a juvenile is held no longer than eight working days. U.S.A. 244.195

Detention Hearing

The hearing at which it is determined by the juvenile court judge if the child is to be held in detention until the next court appearance.

Diagnostic and Statistical Manual of Mental Disorders DSM-IV-TR Text Revision

Commonly used for diagnosis of mental disorders. It uses a five-axis classification system. Axes I and II are used for the majority of mental disorders. Axis I is used for most mental disorders, but Axis II is used for such chronic conditions as cognitive impairments and personality disorders. Axis III presents general medical conditions that are relevant to understanding a mental disorder. Axis I V reports information related to a student’s psychosocial environment (e.g., family issues or a history of abuse). Axis V is reserved for the Global Assessment of Functioning (GAF) scores on a 100 point scale.

Disposition Hearing

The hearing at which the juvenile court judge decides appropriate sanction sand probation conditions for a juvenile offender. Similar to sentencing hearing in adult court.

Extended Juvenile Jurisdiction (EJJ)

This refers to a juvenile who has committed a serious crime that had they been an adult would be facing a prison sentence. The juvenile must be between 14-17 years of age at the time of the crime. The judge sets an adult and juvenile sentence and places them on juvenile probation. If they violate the terms of sentence they can be sent to prison. This type of case the juvenile can remain on probation until they turn 21 (19 on all other cases). U.S.A. 260B.130

Guardian ad Item

A person appointed by the juvenile court to represent the best interests of a child in a court proceeding. U.S.A. 260B.163

Mental Health Screening

A brief, culturally sensitive process designed to identify children and adolescents who may be at risk of having impaired mental health functioning that warrants immediate attention, intervention or referral for diagnostic assessment. The primary purpose for screening is to identify the need for further assessment using valid, reliable screening instruments.

Minnesota Community Corrections

Every county in Minnesota has one of three operations to run their probation system. These three include: 1) Community Corrections Act (CCA), 2) County Probation Officer (CPO), and 3) Department of Corrections State Contract Counties (DOC) U.S.A. 244.19

A. Community Corrections Act: Counties receive subsidy from the state and are responsible for developing,implementing and evaluating traditional and non- traditional local correctional programs. Each of these jurisdictions adopts an annual plan and submits it to the Department of Corrections. CCA counties comprise nearly 70%of Minnesota’s population. Smaller counties ban together and provide services to their region.

B. County Probation Officer: The juvenile and adult misdemeanor probation officers are employees of the county and work at the pleasure of the Chief Judge. Each of these counties receives a subsidy from the state that pays up tone-half of the salaries of these officers. Felony probation and supervised release cases in these counties are handled by probation officers employed by the state.

C. State Contract: The juvenile and misdemeanant probation officers are employees of the State Department of corrections and work in an assigned county. The funding is just the reverse of CPO Counties in that the counties pay the state for up tone-half of the salaries of the officers.

Neglect

A term which describes a child whose parents neglect or refuse to provide needed care and supervision of their child.

Office of Juvenile Release

The office within the Minnesota Department of Corrections that serves as the ‘paroling’ authority for juveniles who have been committed to the Commissioner of Corrections.

Parole

This refers to juveniles who are released by the Commissioner of Corrections from the state juvenile correctional facilities in Red Wing and/or the facility designated by the DOC for female offenders. Similar to the status of an adult, who is released from a state prison, these juveniles are supervised in the community by juvenile probation officers.

Petition

The legal document which describes the alleged offense committed by the child .Similar to a complaint in the adult system. U.S.A. 260B.141

Pre-dispositional Report

Also known as a Social History, this is a report to the court regarding the juvenile’s criminal, family, work, school/employment history along with recommendations for the court to consider. Many times this is completed on more serious offenders who have been adjudicated

Pre-Placement Screening Team

A group of professionals familiar with child placement options who review potential out of home placements for juvenile offenders. The probation officer updates the group on what has happened in the community, what services have been tried and what placement is being recommended. Typically this group makes a recommendation supporting or offering other suggestions to the probation officer and to the local Judge. U.S.A. 260B.157

Pre-Trial Hearing

A court procedure during which the issues to be tried are narrowed and certain facts and admissions are agreed upon in order to speed up the trial.

Preponderance of Evidence

The standard of proof that requires the majority of the evidence to prove the case.

Probable Cause

A strong belief, based on facts, that a crime has been committed, that particular person has committed the crime and that evidence related to the crime exists.

Probation

Probation means court ordered sanction imposed upon an offender for a period of supervision no greater than set by statute. It is imposed as an alternative to confinement or in conjunction with confinement or intermediate sanctions. The purpose of probation is to deter further criminal behavior, punish the offender, help provide reparation to crime victims and their communities, and provide offenders with opportunities for rehabilitation. M.S.A.609.02

Probation

The process of suspending a sentence, permitting a person to remain free under the supervision of a probation officer instead of serving time in prison.

Probation Officer

Professional who provides supervision, holds offenders accountable,provides recommendations to the court, provides a variety of reports to the court and counsels juveniles who have been referred to the probation department by the Court, Law enforcement, County Attorney, or another Probation Agency.

Prosecutor

A public officer who conducts criminal proceedings on behalf of the state.

Public Defender

An attorney paid by the county, state, or federal government who is responsible for providing representation to indigent defendants in criminal prosecutions when the courts determine the defendant cannot afford to hire a private attorney.

Reference

The legal procedure for determining whether a juvenile’s hearing case should be transferred from juvenile court for trial in the adult court system.

Rehabilitate

To permanently change behavior.

Relevant

Directly related to the issue as it tends either to prove or disprove the point.

Restitution

The sentence often used instead of a fine or imprisonment, designed to restore the victim to his or her condition before the crime.

Restorative Justice

An alternative way of thinking about crime and criminal justice. Crime is considered a violation of the victim and the community, in addition to a crime against the state. The offender becomes accountable not only to the state, but to the victim and community as aw hole.

Sentencing Circles

Part of restorative Justice, sentencing circles have been around for a longtime in the Native American Culture. Sentencing circles have many varieties, however it primarily runs by having the offender, victim,community members, family of the offender hear a case and sentence the offender accordingly. In some cases a Judge sits in on these as well.

Standard of Proof

The burden of proof required in particular types of cases.

Status Offense

Conduct which is illegal for a child, but not for an adult, such as truancy,curfew, possession of tobacco, underage use of alcohol, etc.

Statutory Law

A law enacted by a legislature.

Stay of Adjudication

When child has been adjudicated delinquent, but the juvenile court has determined that the circumstances of the case warrant the child be given a “second chance”, the court can suspend, or stay, the sentence.If the child satisfies all conditions set forth by the court, the court can dismiss the charge and there will be no record of the adjudication.

Subpoena

An order compelling a witness to appear and give testimony before a court.

Substantiated Facts

The facts that have been verified.

Summons

A written notice requiring the named person to appear in court on a specified day; or informing the named person that a lawsuit has been started against him or her and he or she must answer.

Suspended Sentence

If certain conditions are met, a jail sentence need not be served. The sentence is then suspended.

Termination

The order of the family court which terminates the Parental Rights and the legal relationship between parent/s and a child. This can be either voluntary or involuntary depending upon the circumstances of the case and the needs of the child.

Trial

When the char gestated in the petition is denied by the child and not dismissed by the juvenile court, the judge hears and decides the case. Jury trials are not held in juvenile court.

Trial Court Information System (TCIS)

This is a database system used by Court Administration and often linked to local probation offices. This system tracks court dates, court contacts, fines and restitution payments.

Warrant

Sanction or authorization, as an arrest warrant authorizes a police officer to take an individual into custody.

Youth Level of Service/Case Management Inventory (YLSI)

This assessment tool is designed to aid professionals for assessing youthful offenders. It is designed to determine risk and need level in certain adolescent offenders. It includes a case plan and is based upon the General Personality and Social Psychological Model of Criminal Conduct (Andrews and Bona, 1998; Andrews, Bona,& Ho ge, 1990).