NCJ Number
44244
Date Published
1977
Length
162 pages
Annotation
STANDARDS RELATING TO THE INTAKE AND PREDISPOSITION INVESTIGATIVE FUNCTIONS OF JUVENILE PROBATION ARE PRESENTED.
Abstract
DEFINTIONS OF TERMS USED THROUGHOUT THE VOLUME ARE PRESENTED. STANDARDS RELATING TO THE INTAKE FUNCTION COMPRISE THE VOLUME'S MAJOR FOCUS. A CENTRAL PREMISE OF THESE STANDARDS IS THAT INTAKE SCREENING AND CERTAIN FORMS OF NONJUDICIAL HANDLING OF JUVENILES SHOULD BE ENCOURAGED. NONJUDICIAL HANDLING ALLOWS THE EXERCISE OF SOME CONTROL OVER A DELINQUENT JUVENILE AND THE PROVISION OF SERVICES TO HIM WITHOUT THE DETRIMENTAL CONSEQUENCES OF JUDICIAL PROCESSING, WHICH LABELS THE JUVENILE AS A DELINQUENT AND BY SO DOING STIGMATIZES HIM. FOR THIS REASON, NONJUDICIAL HANDLING IS MORE EFFECTIVE THAN JUDICIAL PROCESSING IN 'REHABILITATING' THE JUVENILE. IN ADDITION, NONJUDICIAL HANDLING KEEPS COURT DOCKETS AT A MANAGEABLE LEVEL IN RELATION TO THE LIMITED RESOURCES AVAILABLE FOR JUDICIAL PROCESSING OF JUVENILES. THE STANDARDS CALL FOR THE NARROWING OF THE RANGE OF INTAKE DISPOSITIONAL ALTERNATIVES BY ELIMINATING THOSE FORMS OF NONJUDICIAL DISPOSITIONS THAT ARE MOST SUSCEPTIBLE TO ABUSE AND BY SURROUNDING THE OTHER FORMS OF NONJUDICIAL DISPOSITIONS WITH SAFEGUARDS AIMED AT PREVENTING SUCH ABUSE (E.G., ONE STANDARD PROVIDES THAT NONJUDICIAL PROBATION IS NOT A PERMISSIBLE INTAKE DISPOSITIONAL ALTERNATIVE). THE STANDARDS ALSO CALL FOR ADMINISTRATIVE GUIDELINES AND RULES THAT CLEARLY DEFINE CRITERIA FOR INTAKE DISPOSITIONAL DECISIONMAKING AND FOR THE INTRODUCTION OF PROCEDURAL DUE PROCESS PROTECTIONS TO JUVENILES DURING THE PROCESS. STANDARDS REGARDING PREDISPOSITION INVESTIGATIONS AND REPORTS TAKE A MORE SKEPTICAL VIEW OF THE VALUE OF A COMPREHENSIVE PREDISPOSITION INVESTIGATION AND REPORT. INFORMATION THAT IS COLLECTED IS OFTEN NEITHER NECESSARY NOR RELEVANT TO THE COURT DISPOSITIONAL DECISION AND IS HIGHLY INACCURATE. THESE STANDARDS PROVIDE THAT A REPORT SHOULD NOT BE SUBMITTED TO THE COURT UNLESS A JUVENILE'S CASE HAS ACTUALLY BEEN ADJUDICATED AND THAT THE REPORT SHOULD BE DISCLOSED TO ALL PARTIES TO THE PROCEEDINGS, INCLUDING THE JUVENILE'S COUNSEL. STANDARDS RELATING TO THE ORGANIZATION, ADMINISTRATION, AND FINANCING OF INTAKE AND INVESTIGATIVE SERVICES ARE DIRECTED AT SECURING THEIR EFFECTIVE AND EFFICIENT DELIVERY. ONE STANDARD PROVIDES THAT INVESTIGATIVE SERVICES BE ADMINISTERED BY AN EXECUTIVE AGENCY RATHER THAN BY THE JUDICIARY. STANDARDS DEALING WITH THE ORGANIZATION OF INTAKE AND PREDISPOSITION INVESTIGATIVE SERVICES ON STATE AND LOCAL LEVELS, THE FINANCING OF THESE SERVICES, AND THE SPECIALIZATION OF THE INTAKE, INVESTIGATIVE, AND PROBATION SUPERVISION FUNCTIONS ARE DISCUSSED. STANDARDS REGARDING THE PERSONNEL OF JUVENILE PROBATION AGENCIES RESPONSIBLE FOR INTAKE AND PREDISPOSITION INVESTIGATIVE SERVICES ARE PRESENTED. SUCH MATTERS AS PERSONNEL SELECTION, TENURE, PROMOTION, EDUCATION, TRAINING, SALARIES, AND WORKLOADS, AS WELL AS THE USE OF PARAPROFESSIONALS AND VOLUNTEERS ARE COVERED. A BIBLIOGRAPHY IS APPENDED.