8-300 Juvenile Offenses Charged By Citation
8-301 BOOKING CRITERIA FOR HENNEPIN COUNTY JUVENILE
(A-D) DETENTION CENTER (JDC) (10/07/08)
The Hennepin County Juvenile Detention Center (JDC) will accept juveniles ages 10 thru 17 years old only if one or more of the following conditions exist:
- The juvenile is accused of one of the following offenses:
– Any incident resulting in death
– Assault (1st, 2nd or 3rd degree)
– 4th degree assault if the officer requires medical attention at a clinic or hospital
– 5th degree domestic assault
– Criminal Sexual Conduct 1st to 4th degree
– Aggravated or simple robbery
– Kidnapping or false imprisonment
– 1st degree arson of a business, dwelling or school, includes explosives, bombs and Molotov cocktails
– Possession of a firearm
– Terroristic threats
– Burglary of an occupied dwelling including attached garage or unoccupied dwelling where dwelling is defined as a home but does not include garages.
– Fleeing police in a motor vehicle
– Auto Theft (tampering and joyriding will not be admitted)
– Controlled substance – possession or distribution (excludes petty offense)
– Tampering with a witness
– DUI Offense, MN Statute 169A.40 Subd.3: Certain DUI Offenses, Custodial Arrest.
JDC may be contacted to confirm that the following booking criteria condition(s) exist:
- The juvenile is accused of a new felony offense and is on probation for a previous felony offense or is pending court on a prior, non-property felony offense or auto theft.
- The juvenile is accused of a new felony and has previously been certified and sentenced by an adult court or is on parole.
- The juvenile is Extended Juvenile Jurisdiction (EJJ), under 18 and has any new charge.
- The juvenile is on court ordered Electronic Home Monitoring and is accused of a new felony or has absented overnight or has substantially violated terms of the court ordered supervision.
- The juvenile has absconded from a correctional facility or a court ordered treatment facility or another jurisdiction’s probation or parole supervision.
- The court has issued a warrant for detention.
- The juvenile has violated a Restraining Order and the arresting officer has the RO number and provides it at time of intake.
- The juvenile resides out of Hennepin County and has been arrested for a felony.
- The court has issued a change of venue order on an in-secure custody juvenile placing the juvenile under Hennepin County jurisdiction.
8-302 JUVENILE MISDEMEANORS AND STATUS OFFENSES – OVER 10
(A-D) YEARS OF AGE (10/07/08)
Officers may issue a Hennepin County Juvenile Citation (tag) to juveniles over the age of 10 for non-traffic misdemeanors, petty misdemeanors and status offenses, except for incidents involving domestic assault or a violation of an Order for Protection (refer to section 8-201 Juvenile Gross Misdemeanor, Felony and Domestic Assault Arrest Procedures).
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 brought to the Juvenile Supervision Center.
If the juvenile is unable to be identified, officers may transport the suspect to the Juvenile Unit (during office hours), or the Crime Lab (when the Juvenile Unit is closed) to receive assistance with the identification. Officers should contact the Crime Lab prior to transporting the juvenile to ensure personnel are available.
For every Juvenile Citation issued, officers shall complete a corresponding CAPRS report including documentation of whom the juvenile was released to and the citation number. The court copy of the citation shall be forwarded to the Juvenile Unit.
Note: Citations are not routinely investigated; they are intended to be complete investigations and must contain all of the information necessary for prosecution and subpoena services.
8-303 JUVENILE GROSS MISDEMEANOR, FELONY AND DOMESTIC
(A-D) ASSAULT ARREST PROCEDURES – OVER 10 YEARS OF AGE (10/07/08)
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 Section 8-208 Injured or Incapacitated (Under the Influence) Juveniles.
8-304 JUVENILE SUSPECTS – UNDER 10 YEARS OF AGE (10/07/08)
According to Minnesota State Statutes, juveniles under the age of 10 cannot commit a crime. This means that juveniles under the age of 10 cannot be:
- Issued a citation;
- Placed in secured detention at the Juvenile Unit or JDC;
- Fingerprinted or photographed.
Juveniles under the age of 10 may be detained to conduct an investigation.
Juveniles under 10 years of age shall be taken into custody if a parent/legal guardian cannot be located. Officers shall contact First Response to determine where the child can be placed. A CAPRS report shall be completed for the offense, to include whom the child was released to and/or the facility that the child was transported to.
Cases in which a juvenile under 10 years of age is listed as a suspect will be referred to the Hennepin County Attorney’s Office with an accompanying Hennepin County Attorney “Delinquent Under 10 Referral Form”. These forms can be obtained through the Juvenile Unit or Hennepin County Attorney’s Office.
8-305 JUVENILES – WARRANT CHECKS, WARRANTS AND
(A-D) PC PICK-UPS (10/07/08)
Anytime a juvenile is detained or arrested, officers shall check the juvenile for NCIC wants and local warrants. Officers may contact MECC or JDC Intake for local warrant checks. Juveniles taken into custody for a warrant and no other offense should be transported to JDC or other facility as directed on the warrant. Officers shall complete a CAPRS report coded WT.
In circumstances which juveniles are found to have an outstanding warrant from another county, officers shall contact JDC to determine where the juvenile will be placed.
Adults found to have an outstanding Hennepin County juvenile warrant (as the only offense) shall be booked at JDC. Officers encountering adults found to have an outstanding juvenile warrant from another county should contact JDC Intake to determine what facility the individual will be transported to. Officers shall complete a CAPRS report coded WT.
When a juvenile is arrested for a PC Pick-Up, prior to transport, the arresting officer(s) shall attempt to contact the appropriate investigative unit. If the investigative unit cannot be reached, the juvenile shall be transported directly to JDC. Officers will complete the JDC Authority to Detain form and note the original offense, not PCPKUP. Officers shall generate a new CCN and complete a CAPRS report coded PCPKUP. The original CCN shall be referenced in the “Related CCN” data field. In addition, the arresting officer(s) shall notify the Transcription Unit to cancel the PC Pick-Up.
8-306 ARREST OR DETENTION OF INJURED OR INCAPACITATED
(A-B) JUVENILES IN NEED OF MEDICAL ATTENTION (04/01/93) (04/24/07) (10/07/08)
Any juvenile needing medical attention or evaluation shall be transported directly to the HCMC Emergency Room or other area hospital, if necessary. This policy includes those who: (04/24/07)
- Have ingested or are suspected of ingesting drugs or other dangerous substances.
- Are under the influence of drugs or alcohol.
- Have observable physical injuries that may require medical attention; are requesting medical treatment; or if officers have reason to believe that medical attention is needed. (04/24/07)
- Display signs of mental illness and/or are considered to be a danger to themselves or others. (04/24/07)
Note: A juvenile taken to the hospital for only medical care and no other offense can be released to a parent/legal guardian by the hospital.
8-306.01 JUVENILES UNDER THE INFLUENCE AND JUVENILE LOW-
(A-D) LEVEL OFFENDERS IN NEED OF MEDICAL ATTENTION (10/07/08)
Juveniles who do not meet JDC booking criteria (refer to section 8-301 JDC Booking Criteria) and juveniles in need of medical care may be released to a parent/legal guardian after medical treatment if:
- The juvenile is clear of warrants/Juvenile Apprehend & Detain order.
- The juvenile can be properly identified.
- The juvenile is not a danger to himself/herself or others.
- Arresting officers obtain supervisor approval
- Arresting officers notify the appropriate investigative unit, if applicable/when possible.
Officers shall complete a CAPRS report indicating that the juvenile was brought to HCMC (or other area hospital) for medical evaluation and that authorization was given to the medical facility to release the juvenile to a parent/legal guardian after completion of treatment. Officers are not required to stay with the juvenile until a parent/legal guardian arrives.
If the juvenile is transported to the Juvenile Supervision Center (JSC) following medical evaluation or treatment, appropriate medical release forms (provided by the hospital) must accompany the juvenile when he/she is admitted to JSC.
Should officers become aware of underlying circumstances which necessitate placing the juvenile on a 72-Hour Health and Welfare Hold, officers shall place the hold in accordance with section
8-205 Health and Welfare Holds – Juveniles.
In all cases, officers shall make a reasonable effort to have all gross misdemeanor and felony offenders photographed and fingerprinted (refer to section 8-109 Fingerprinting and Photographing of Juveniles).
8-306.02 JUVENILES TO BE BOOKED JDC IN NEED OF MEDICAL
(A-D) ATTENTION (10/07/08)
If the juvenile meets JDC booking criteria, appropriate medical release forms (provided by HCMC upon completion of medical treatment/evaluation of juvenile) must accompany the juvenile before he/she is admitted into JDC. It shall be at the sole discretion of the JDC Supervisor or Nursing staff whether a juvenile should be seen at HCMC, as there may be other factors not listed above. (04/24/07)
In regards to intoxicated juveniles, JDC policy states:
“The Admissions Juvenile Correctional Officer shall not accept custody of juveniles referred to detention who appear to be intoxicated from alcohol, drugs or inhalants, but shall direct the referring agent to HCMC’s Emergency Department. Juveniles who appear intoxicated from alcohol shall submit to a breath analysis test. Those juveniles that register .090 or higher, or refuse to submit to a breath analysis test shall be denied admittance to detention and the referring agent directed to HCMC’s Emergency Department”.
The preliminary breath test (PBT) will be administered by JDC. (04/24/07)
If a juvenile is admitted to the hospital for an extended period of time, the precinct of the arresting officers shall be responsible for providing a guard until the juvenile can be taken to JDC, or until otherwise properly relieved.
Note: After the juvenile has been charged he/she is then under the authority of the county at which time JDC or the Hennepin County Sheriff’s Office will take over guard duty.
8-307 JUVENILE TRAFFIC OFFENSE (10/07/08)
When a juvenile is charged with a petty misdemeanor or misdemeanor traffic offense, officers shall issue a Uniform Citation. The court copy of the citation shall be placed in a “Traffic Violations” box and the other citation copies shall be distributed as indicated.
Juvenile traffic offender(s) properly identified at the scene of a traffic stop may be issued a citation and released.
If a juvenile traffic offender is unable to be identified officers may transport the suspect to the Juvenile Unit (during office hours) or contact the Crime Lab via telephone (when the Juvenile Unit is closed) to receive assistance with the identification. The juvenile shall be released to a parent/legal guardian or taken to the Juvenile Supervision Center.
8-307.01 JUVENILE DRIVING UNDER THE INFLUENCE (DUI) (10/07/08)
When placing a juvenile under arrest for Driving Under the Influence (DUI), officers shall:
- Process the juvenile for DUI (refer to section 7-605 Chemical Testing – Driving Violations).
- Transport the juvenile to HCMC for medical evaluation (refer to sections 8-306,
8-306.01, and 8-306.02 Juveniles in Need of Medical Attention).
- After a proper identification of the juvenile has been made, release pending complaint to a parent/legal guardian. Note : 1 st, 2 nd, and 3 rd degree DUI may be booked JDC.
- Complete a CAPRS report.
8-308 MASS ARRESTS OF JUVENILES (10/07/08)
When a group of 10 or more juveniles is arrested and in need of processing by the Juvenile Unit, the officer in charge of the scene shall be sure that the Juvenile Unit is notified as soon as possible.