NCJ Number
60464
Date Published
1978
Length
25 pages
Annotation
IN THIS PROPOSAL, THE COMMUNITY SERVICE SOCIETY, A VOLUNTARY SOCIAL SERVICE AGENCY, RECOMMENDS THE CONSIDERATION OF A SYSTEM OF DETERMINATE AND PROPORTIONAL SENTENCES FOR JUVENILE OFFENDERS.
Abstract
UNDER SUCH A SYSTEM, SANCTIONS OF A SPECIFIED KIND AND DURATION WOULD BE IMPOSED BY A FAMILY COURT JUDGE ON THE BASIS OF THE SERIOUSNESS AND CIRCUMSTANCES OF THE OFFENSE, THE JUVENILE'S AGE AND PRIOR RECORD OF ADJUDICATED OFFENSES, AND THE USE OF THE LEAST-RESTRICTIVE ALTERNATIVE CONSISTENT WITH THE PROTECTION OF SOCIETY. NO EARLY RELEASE OR EXTENSION OF PLACEMENT IS POSSIBLE, WITH LIMITED EXCEPTIONS FOR GOOD BEHAVIOR, FAILURE TO PROVIDE ADEQUATE SERVICES, AND OVERCROWDING. THE AGENCY PROPOSES A NEW JUVENILE CODE TO CLASSIFY OFFENSES ACCORDING TO DEGREE OF SERIOUSNESS, AND SPECIFIES THE TYPES OF SANCTIONS WHICH MAY BE IMPOSED AND THE MAXIMUM DURATION FOR EACH TYPE. THE PROPOSAL LODGES THE POWER OF DECISION IN DETERMINING THE LENGTH AND NATURE OF PUNISHMENT WITH THE FAMILY COURT JUDGE. IT STATES THAT THE REQUIREMENT OF A WRITTEN OPINION JUSTIFYING THE SANCTION ENCOURAGES THE HIGHEST LEVEL OF JUDICIAL CARE IN FORMULATING SANCTIONS AND, WHERE NECESSARY, FACILITATES APPELLATE REVIEW. THE PROPOSAL ALSO INSURES THAT HARSH SANCTIONS WILL NOT BE IMPOSED INDISCRIMINATELY, REQUIRES THE JUDGE IN EVERY CASE TO IMPOSE THE LEAST RESTRICTIVE SANCTION CONSISTENT WITH THE PROTECTION OF SOCIETY, AND ENCOURAGES THE USE OF CREATIVE COMBINATIONS IN DISPOSITIONS, SUCH AS COMMUNITY SERVICE IN CONJUNCTION WITH CONDITIONAL RELEASE. IT PRECLUDES, MOREOVER, THE IMPOSITION OF SECURE PLACEMENT FOR CLASS 2 OFFENSES.