8-303 - Juvenile Gross Misdemeanor, Felony and Domestic Assault Arrest Procedures – Over 10 Years of Age

8-303 - Juvenile Gross Misdemeanor, Felony and Domestic Assault Arrest Procedures – Over 10 Years of Age

  • Summary: Details arrest and charging procedures for juveniles committing serious offenses.
  • Effective Date: 10-07-2008
  • See other versions

Policy

All probable cause juvenile felony arrests must be authorized at the scene of arrest whenever possible. In the event a supervisor is unable to respond to the scene of the arrest, authorization may be given by radio or telephone by:

  • the arresting officer’s supervisor;
  • an investigator from the concerned investigative unit;
  • a supervisor from a neighboring precinct; or
  • the on-duty Watch Commander.

Officers arresting a juvenile for domestic assault, violation of an Order for Protection, or a probable cause offense shall have the suspect processed at:

  • the Juvenile Unit during office hours;
  • JDC when the Juvenile Unit is closed and the juvenile meets JDC booking criteria; or
  • the Crime Lab when the Juvenile Unit is closed and the juvenile does not meet JDC booking criteria. (Officers should contact the Crime Lab prior to transporting the juvenile to ensure personnel are available.)

When a juvenile is booked at JDC for a crime of violence, a Victim Information/Notification Form (HC-11551) must be completed. These forms are available at JDC.

If the juvenile does not meet JDC booking criteria and the Juvenile Unit is closed, officers may conduct a Scales interview regarding the incident.

The juvenile shall be released to a parent or legal guardian. If the juvenile cannot be released to a parent or legal guardian, he/she shall be transported to the Juvenile Supervision Center.

If the arrested juvenile requires medical attention, refer to P&P 8-208 Injured or Incapacitated (Under the Influence) Juveniles.

 

Definitions

Refer to the Commonly Used Terms page for general definitions.

  • Juvenile: An individual who is under the age of eighteen (18) years.
  • Juvenile Unit: MPD Juvenile Unit primarily investigates Robbery, Assault, Domestic Assault and Missing Person cases in which the offender is at least 10 years old and under 18 years of age. Cases involving juvenile offenders less than 10 years of age will be investigated by the Juvenile Unit and referred to an appropriate agency for follow up. The Juvenile Unit also investigates school-related crimes. The Juvenile Unit provides identification and processing services, as well as short-term detention for arrested juveniles. During the hours of Juvenile Unit operation, juveniles arrested for any felony, gross misdemeanor or domestic assault shall be brought to the unit for processing. Staffing and workload permitting, Juvenile Unit investigators will transport juveniles to the appropriate destination after intake is completed. The Juvenile Unit maintains all Runaway and Missing Juvenile files and serves as the central repository for juvenile criminal history records. The Juvenile Unit also provides investigative support to other units with on-going investigations involving juvenile suspects.
  • Limited English Proficiency: Designates individuals whose primary language is not English and who have a limited ability to read, write, speak, or understand English. LEP individuals may be competent in certain types of communication (e.g. speaking or understanding), but still be LEP for other purposes (e.g. reading or writing). Similarly, LEP designations are context specific. An individual may possess sufficient English language skills to function in one setting, but may find these skills are insufficient in other situations.
  • Parent/Legal Guardian: "Parent" means the birth or adoptive mother or father of a child and does not apply to a person whose parental rights have been terminated in relation to the child. A legal "guardian" is a person who has been appointed by a judge or social services agency, to take care of a minor child (to include foster parents).
  • Probable Cause: Having reasonable grounds for supporting the requested Court order, to include: search warrants, arrests or other legal process. Probable cause is required by the Fourth Amendment. Officers must have an objectively reasonable basis for believing that a crime may have been committed or that there is evidence of the crime present in the place to be searched.
  • Scales Interview: Audio recording of a custodial interview.
  • Violation of an Order for Protection: Violating any term of an Order for Protection issued by a judge or referee. The Offense code for violation of an Order for Protection is POVIOL.

Revision Types and Descriptions

  • New: Policy had been added.
  • Combined: Two or more policies were merged.
  • Definitions Update: A glossary definition was updated.
  • Terms Update: A term, not necessarily tied to the glossary, was updated in the Manual.
  • Edited - Major: Significant content or procedural changes.
  • Edited - Minor: Small edits, clarifications, or formatting changes.
  • Renamed: Policy title changed.
  • Renumbered: Policy number was changed.
  • Split: Single policy was divided into multiple.
  • Eliminated: Policy was removed and is no longer in effect.
  • PRH Implementation: Edits for the Policy and Resource Hub; no content changes.