HomeMy WebLinkAbout44B-Handling Youthful Offenders 2019
Policy & Procedure February 2013 Page 1 of 14
Lexington Police
Department
Subject: Handling Youthful Offenders
Policy Number:
44B Accreditation Standards:
Reference: 1.1.3; 1.2.7; 44.1.1; 44.2.1; 44.2.2; 44.2.3; 44.2.4;
44.2.5; 82.1.2; Effective Date:
2/26/13
New
Revised
Revision
Dates:
1/24/19
By Order of: Mark J. Corr, Chief of Police
The Municipal Police Institute, Inc. (MPI) is a private, nonprofit charitable affiliate of the
Massachusetts Chiefs of Police Association. MPI provides training and model policies and
procedures for police agencies. This policy is an edited version of MPI Policy 1.15, “Handling
Juveniles.”
GENERAL CONSIDERATIONS AND GUIDELINES
It is generally recognized that juveniles who engage in anti-social conduct present
problems to society that are different from those of adults who engage in similar
activity. As a result policy and procedures related to youthful offenders differ from
those related to adult conduct and is based on the concept that the juvenile offender is
often not yet hardened and may be influenced to voluntarily comply with community
standards with appropriate attention. There is no question that the attitude and actions
of police can have considerable impact on the first offender who is often a frightened
youngster during their first encounter with police. How that child is treated during that
time can leave a lasting impression. At the same time, it must be remembered that the
hardened juvenile criminal can be just as dangerous as any adult.
Although police officers are not expected to be social workers, they must have an
understanding of the social and psychological factors that contribute to juvenile
misbehavior and crime. By the nature of their duties, the police should be familiar with
undesirable conditions in the community that breed delinquency. The prevention of
juvenile crime has a high priority and successfully addressing it can pay large dividends
to the community.
As a preventive measure, officers should frequently check those areas, places and
buildings that have been particularly prone to delinquent behavior and question
juveniles found in suspicious situations. Energetic patrol, impressing the fact of a
consistent police presence, can be a most effective deterrent. The Department should
also cooperate actively with all other agencies, public or private, that can be of
assistance in deterring and controlling juvenile delinquency.
Police officers play a very important part in the Juvenile Justice System. Patience,
understanding and firmness, together with close cooperation with court officials in the
processing of juvenile cases, are necessary for the system to operate most effectively.
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Police officers should be aware that constitutional rights are not lost by virtue of one's
age. Indeed, juveniles merit greater protection, especially in the areas of questioning
and waiver of rights.
It is the policy of the Lexington Police Department that:
Juveniles shall be afforded their constitutional and statutory rights when being
questioned, searched, detained or arrested;
Juvenile offenders shall not be detained at the police station for any longer
than may be necessary but always in conformance with statutory and
constitutional law;
Status offenders, juveniles who commit offenses that would not be a crime if
they were an adult, will be held in non-secure custody;
Officers shall, whenever reasonable and justified under this policy, take those
measures necessary to effect positive change in juvenile offenders that are
consistent with Massachusetts law and the safety and security interests of the
community;
The Department is committed to the development and perpetuation of
programs to prevent and control juvenile delinquency. [44.1.1(a)]
PROCEDURE
A. Definitions
1. Delinquent Child: A juvenile who violates any city ordinance or town by-law
or who commits any offense against the Commonwealth.i
2. Juvenile: A juvenile, for purposes of Massachusetts’s criminal law, is anyone
who is at least 7 years old but not yet 18.ii
3. Non-Offenses: Children held in protective custody because they were found
present where controlled substances are kept pursuant to G.L. c. 94C, s. 36,
or are incapacitated due to intoxication pursuant to G.L. c. 111B, s. 8.
4. Non-Secure Custody: A condition under which a juvenile’s freedom of
movement is controlled by members of the department and, during such time,
the juvenile:
a. Is held in the conference room (unlocked). This room is not designed
for residential use;
b. Is not handcuffed to any stationary object;
c. Is held only long enough to complete identification, investigation and
processing and then released to a parent or guardian or transferred
to a juvenile facility or the court; and
d. Is under continuous supervision of the arresting officer or desk officer.
5. Secure Custody: A condition under which a juvenile’s freedom of movement
is controlled by being placed in a cell or locked room (or set of rooms) or
being handcuffed to a stationary object.iii
6. Status Offender: A juvenile who has committed an offense that would not
be a crime if committed by an adult. Non-Secure custody procedures should
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be followed when handling a status offender. I.e. youth curfew violations, and
minors in possession of or transporting alcohol. [44.2.2(a)]
7. Youthful Offender: A person who is subject to an adult or juvenile sentence
for having committed, while between the ages of 14 -18 years old, an offense
against a law of the commonwealth which, if he were an adult, would be
punishable by imprisonment in the state prison, and (a) has previously been
committed to the Department of Youth Services, or (b) has committed an
offense which involves the infliction or threat of serious bodily harm in
violation of law, or (c) has committed a violation of paragraph (a), (c) or (d) of
section ten or section ten E of chapter two hundred and sixty-nine; provided
that, nothing in this clause shall allow for less than the imposition of the
mandatory commitment periods provided in section fifty-eight of chapter one
hundred and nineteen.
B. Administration
1. The Chief of Police will designate certain officers as School Resource
Officers (SRO’s). SRO’s will be assigned to the schools and will work closely
with the school administration, parents/guardians and the student
community.
2. All Department components and personnel share the responsibility for
supporting the Department’s School Resource Officer program and assisting
the youths of Lexington. [44.1.1(b)]
C. Enforcement Alternatives [44.2.1] [1.2.7]
1. Officers dealing with juveniles in enforcement capacities may exercise
reasonable discretion in deciding appropriate action. Officers shall use the
least coercive and most reasonable alternative, consistent with preserving
public safety, order and individual liberty.
2. Consider the following age guidelines:
a. Under Age 7: Presumed incapable of committing a crime. xxiii
b. Age 7 to 12: A summons is the required response for juveniles under
the age of 12 to appear in court.
c. A summons is the preferred method for brining all juveniles to court,
unless there is a reason to believe the child will not appear upon a
summons. xxiv
d. Arrest warrant: A warrant will issue if the court has reason to believe
the child will not appear upon summons or if the child has been
summoned and did not appear. xxiv
3. Alternatives available include the following:
a. Outright release with no further action, or release following
informal counseling when no arrest has been made. Officers may
turn the juvenile over to his/her parent or guardian when
appropriate; [44.2.1(a)]
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b. Informal referral to an appropriate community social service
agency; [1.1.3]
c. Limited custody and station house warning. The juvenile shall be
held in non-secure custody until released to his/her parent(s) or
guardian;
d. Issue citation or apply for a summons or complaint; and [44.2.1(b)
(c)]
e. Arrest.
4. Criteria When Choosing an Alternative
a. In considering a course of action, the officer shall consider the
nature of the offense, the age of the juvenile, the juvenile’s prior
contacts with the police, the availability of community-based
rehabilitation programs, and, in some cases, the recommendation
of the complainant or victim. [44.2.1(b)] [1.1.3]
b. Whenever the School Resource Officer is available he should be
contacted in order to determine if he has prior knowledge with the
juvenile.
D. Referral to Juvenile Court [44.2.1(c)]
1. While an officer should recognize the unique and often sensitive nature
of juvenile contact, [s]he should not be deterred from properly enforcing
the law when required to do so. A decision to arrest should be based on
the same legal considerations as the arrest of an adult.
2. Officers may arrest juveniles for acts of delinquency and status offenses.
[44.2.2(a)]
3. Arrested juveniles are subject to the same security and other
transportation requirements as adults and may be handcuffed or
otherwise restrained as necessary during transport and processing. See
Departmental policy 71A-Transporting Detainees. [44.2.2(d)]
4. When an arrest is made, the juvenile shall be brought in for processing
without delay. The Commanding Officer should be informed of the arrest
as soon as possible. [44.2.2(d)]
5. When a juvenile is arrested, with or without a warrant, the officer in
charge of the police station shall:iv
Minors – Adults 18 to 20 Years Old -- Transporting Alcohol
As of October 2010, Massachusetts law permits the arrest of a “minor” adult who is
transporting alcohol (as little as one can of beer). This offense is punishable by a $50
fine. Given the 2009 decriminalization of marijuana, arresting a 17- to 20-year old for
alcohol is arguably an inequitable enforcement of the law. Arrest is not the preferred
course of action unless the adult has some other significant substance abuse or
behavioral problem where intervention by the court or probation is deemed necessary.
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a. Notify the probation officer for Waltham Juvenile Court, or the on-
call juvenile probation officer.
b. Notify at least one of the parents, or, if there is no parent, the
guardian of the child, or the person with whom the child resides;
and [44.2.2(e)]
c. Inquire into the situation to ensure that proper cause for the arrest
existed and that the juvenile was and is treated in accordance with
the law and that the juvenile’s rights were protected. The juvenile
may be detained pending such notice and inquiry.
d. During court hours, complete booking process and then transport
to Waltham Juvenile Court.
e. If court is closed, contact Juvenile Probation, Southern Region
(617) 312-7035. Probation Officer will make a recommendation
to release the juvenile or contact a bail magistrate or bail
commissioner to set the terms of release. This will be based on
the juvenile’s criminal history, current charges and the
circumstances of the arrest.
6. A child shall be released:
a. To a parent, guardian or other reputable person upon acceptance, by
the officer in charge, of the written promise of such person to be
responsible for the appearance of the child in court at the required
time and place; or
b. To a probation officer upon receipt of a request by such officer that
the child be released to him/her.
7. A child between the ages 14 and 17 shall not be released if:v
a. The arresting officer requests in writing that [s]he be detained and
the court issuing a warrant for the arrest of such child directs in
the warrant that [s]he be held in safekeeping pending his/her
appearance in court, or
b. A probation officer directs that such child be detained.
NOTE: Notice of detention shall be given to the parent(s) or guardian or
person with whom the child resides and to the probation officer. Nothing
contained in this section should be construed to deny the juvenile the
right to bail.
8. Juveniles arrested for criminal violations are subject to the same booking
procedures as adults. Juveniles taken into custody for status offenses
or for non-criminal offenses shall not be fingerprinted or photographed.vi
[44.2.2(c)] [82.1.2(b)]
9. The arresting officer and the prosecutor should cooperate in the
preparation and presentation of the case if court action is necessary.
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10. Any police proceeding involving juveniles shall be treated in a
confidential manner.
E. Holding Juveniles
1. Delinquent Offenders
a. Juveniles who are between 14 -17 years of age accused of
delinquent offenses, or who have been indicted as youthful
offenders, may be held in secure custody for no longer than six
hours for the purpose of identifying and processing the juvenile
and, if appropriate, transportation to a juvenile facility or court.vii
As outlined in the Mass Executive Office of Public Safety and
Security Office of Grants and Research guidelines for secure
alternative and non-secure alternative lockup for juvenile
offenders. See Department policy 71A-Transporting Detainees
[44.2.2(d)]
i. Records shall be kept that specify:
(a) The time the juvenile entered secure detention and
the duration of each period of secure detention;
(b) The name of the police officer or custodial officer
responsible for visual supervision and the schedule
of visual supervision; and
(c) A statement of the need for secure detention.
NOTE: Juveniles, fourteen years and older, charged with first or
second degree murder are not subject to the six hour detention
limit as they are automatically tried in adult court.viii
b. No child who is between 14 and 17 years of age shall be detained
in a police station or town lockup unless the detention facilities for
children have received the written approval of the Commissioner
of Youth Services.ix
c. Lockup and other detention facilities shall be such as to prevent
juveniles who are detained from coming in sight and sound
contact with adult prisoners.x
f. No child under age fourteen shall be placed in a cell or otherwise
securely detained for any reason. Such child may be held in a
safe environment pending suitable disposition.
g. Juveniles detained in lock-up will be entered into the Juvenile
Lock-up Docket through CJIS at the time of detention.
2. Status Offenders and Protective Custody
a. Status offenders and juveniles held for protective custody shall not
be held in secure custody
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b. A juvenile may not be held in police custody longer than six (6)
hours.
c. Status offenders may only be held long enough to complete
identification, investigation and processing and then must be
released to parents, guardians or other responsible adults or
transferred to an alternative juvenile facility or court.
As outlined in the Mass Executive Office of Public Safety and
Security Office of Grants and Research guidelines for secure
alternative and non-secure alternative lockup for juvenile
offenders. Department policy 71A-Transporting Detainees
[44.2.2(c)]
a. M.G.L. Chapter 94c section 36 states, a child under the age of 18
may be taken into protective custody, for a period not exceeding
four hours, if an officer:
i. Finds the child at a place where the officer reasonably
believes there is a controlled substance of Class A, B or C;
ii. Reasonably believes the child to be under age 18; and
iii. Reasonably believes the child knew of the presence of the
controlled substance.xi
NOTE: The officer in charge of the police station shall make every
reasonable effort to notify the juvenile’s parent or guardian or
other person having lawful custody.
b. For procedures to follow when a person is taken into protective
custody due to consumption of alcohol see Department policy 72C
- Protective Custody.
3. Child requiring Assistance (CRA)
a. M.G.L. Chapter 119 § 21, defines a child requiring assistance
between the ages of 6 and 18 whom repeatedly:
i. Runs away from the home of the child’s parent, legal guardian
or custodian;
ii. Fails to obey the lawful and reasonable commands of the
child’s parent, legal guardian or custodian, thereby interfering
with their ability to adequately care for and protect the child;
iii. Repeatedly fails to obey the lawful and reasonable regulations
of the child’s school; or
iv. Is habitually truant
b. A child requiring assistance cannot be “arrested” but a child
between the ages of 6 and 18 may be taken into custodial
protection for engaging in the following behavior:
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i. Repeatedly runs away from the home of the child’s parent, legal
guardian or custodian;
ii. Repeatedly fails to obey the lawful and reasonable commands
of the child’s parent, legal guardian or custodian, thereby
interfering with their ability to adequately care for and protect
the child;
iii. Repeatedly fails to obey the lawful and reasonable regulations
of the child’s school; or
iv. Is habitually truant (defined as “a school aged child, not
excused from attendance under the lawful and reasonable
regulations of such child’s school, who willfully fails to attend
school for more than 8 days in a quarter”).
c. The custodial protection can only be made if:
i. The child has failed to obey a summons (issued pursuant to
§93E), or
ii. If the law enforcement officer initiating such custodial
protection has probable cause to believe that such child has
run away from the home of his/her parents or guardian and will
not respond to a summons.
d. Notifications: After a child is taken into custodial protection, the
officer shall:
i. Immediately notify the parent, other person legally responsible
for the child’s care or the person the child lives with that the
child is under custodial protection of the officer.
ii. A representative of DCF shall also be notified if the officer has
reason to believe that the child is or has been in the care or
custody of DCF.
e. Transfer of Custody: the law enforcement officer, in consultation
with the probation officer shall then make all reasonable diversion
efforts so that such child is delivered to the following types of
placements and in the following order of preference:
i. First Priority-Parent/Guardian: Deliver the child to one of the
child’s parents, or to the child’s guardian or other responsible
person known to the child, or to the child’s legal custodian
including the department of children and families or the child’s
foster home upon the written promise, without surety, of the
person to whose custody the child is released that such parent,
guardian, person or custodian will bring the child to the court
on the next court date;
ii. Second Priority-Shelter Facility: Forthwith and with all
reasonable speed take the child directly and without first being
taken to the police station, to a temporary shelter facility,
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shelter home or family foster care home licensed or approved
by the department of early education and care; or
iii. Last Resort: Directly to Juvenile court but only after the
priorities above could not be met.
Note: the child should not be booked. In fact the child should generally not be brought
to the police station, unless a parent/guardian cannot be raised, a shelter (as described
above) is not immediately available, or the juvenile court is closed. If the child is
brought to the station he/she should not be held in a secure area (absent criminal
charges otherwise authorizing detention) and immediate steps should be taken to turn
the child over to a parent/guardian or DCF.
f. Prohibition on Physical Detention of Child Requiring Assistance
i. A child requiring custodial protection may not be confined in:
(a) Shackles or similar restraints; or
(b) In a court lockup facility in connection with any proceedings
related to a Child Requiring Assistance (under §39E to
§39I, Inclusive).
ii. A child who is the subject of an application for assistance shall
not be placed in:
(a) A locked facility; or
(b) A facility designated or operated for juveniles who are
alleged to be delinquent or who have been adjudicated
delinquent.
Exception: the child may be placed in a facility which operates as a group home to
provide therapeutic care for juveniles, regardless of whether juveniles adjudicated
delinquent are also provide care at such facility.
g. Applying for an application for a child requiring assistance M.G.L.
Chapter 119 §39E
i. A Misbehaved Child: A parent, legal guardian or
custodian of a child having custody of such child, may
initiate an application for assistance stating that:
(a) The child repeatedly runs away from the home of the
parent/legal guardian; or
(b) The child repeatedly refuses to obey the lawful and
reasonable commands of the parent or guardian
resulting in the parent’s or guardian’s inability to
adequately care for and protect the child.
ii. Truancy and School Misbehavior: Only a school district
may initiate an application for assistance in stating that the
child:
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(a) Is not excused from attendance in accordance with the
lawful and reasonable regulations of such child’s
school, has willfully failed to attend school for more
than 8 days in a quarter, or
(b) Repeatedly fails to obey the lawful and reasonable
regulations of the child’s school.
4. All juveniles detained by the Department shall be informed by the booking
officer or Commanding Officer of the procedures regarding custody,
release, and transportation to another facility or court, as applicable.
[42.2.3]
F. Custodial Interrogation of Minors
1. For a general review of the standards and procedures to be followed
when conducting custodial interrogation see Departmental policy 41K -
Interrogating Suspects and Arrestees. It should be remembered that
Miranda rules apply to juveniles.
2. In addition, the police must also follow the special rules that apply to the
interrogation of juveniles. [44.2.2(c)]
a. INTERESTED ADULT RULE: In order to obtain a knowing and
intelligent waiver by a juvenile, in most cases a parent or
interested adult must be present, understand the warnings and
have a meaningful opportunity to consult with the juvenile. Before
initiating an interrogation, the juvenile’s parent, legal guardian, or
other interested adult (including an attorney) should be present.xii
[42.2.3]
i. UNDER AGE FOURTEEN: A waiver of rights by a juvenile
under age fourteen is only valid if an interested adult is
present, understands the warnings and has a meaningful
opportunity to consult with the juvenile.xiii
ii. FOURTEEN YEARS OR OLDER: For juveniles who are at
least fourteen but under age 18, there should ordinarily be
a meaningful opportunity to consult with a parent or
interested adult. If there are valid, substantial reasons why
an interested adult is not present, officers should ensure,
before interrogating the juvenile, that [s]he understands the
Miranda warnings and the consequences of waiving them
and that any waiver of his/her rights is made intelligently,
knowingly and voluntarily. A valid waiver will not occur
unless the circumstance "demonstrates a high degree of
intelligence, experience, knowledge or sophistication on
the part of the juvenile”.xiv
iii. 18 YEARS OF AGE: If the suspect is 18 years of age at
the time of the offense, [s]he is considered an adult in the
Massachusetts criminal justice system. Thus for Miranda
purposes, the special protections afforded to juveniles do
not apply.xv
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b. INTERESTED ADULT EXPLAINED: An interested adult is, most
often, a parent of the juvenile. When the parent is unavailable,
another interested adult may be called upon, such as, a legal
guardian, an adult brother or sister, grandparent or other adult
relative or attorney.
i. A person would not qualify as an interested adult if he or
she;
(a) Lacks the capacity to appreciate the juvenile’s
situation (e.g., is intoxicated);
(b) Appears to be antagonistic to the juvenile; or
(c) Is required to report the juvenile’s offenses to
authorities (e.g., an employee of the Department of
Youth Services, or a school official in the case of a
weapons violation on school grounds).xvi
ii. A person under the age of eighteen will not satisfy the
interested adult rule.xvii
a. OPPORTUNITY TO CONSULT: The interrogating officer should
explain to the adult that the two of them would be left alone to
provide them an opportunity to discuss the juvenile’s rights. Then
the adult and juvenile must be provided an actual opportunity to
discuss the juvenile’s rights and the consequences of the waiver.
3. Interrogation
a. Prior to conducting a custodial interrogation of a juvenile, the
interrogating officer shall be particularly careful to read each
Miranda right distinctly, clearly and in a manner designed to
ensure that the juvenile (and any adult present on his/her behalf)
comprehends their meaning.
b. Preferably, a written card or form containing the Miranda warnings
should be used. This card should be handed to the juvenile (and
any adult present on his/her behalf) so that the juvenile can read
it slowly and re-read it if necessary.
c. When an adult acting on behalf of the juvenile is present, the
officer shall read the Miranda warnings to the adult.
d. Some inquiries shall be made of the juvenile (and any adult
present on his/her behalf) as to the juvenile’s age, most recent
level of schooling and education, whether [s]he has any reading
disabilities or mental or emotional conditions and whether [s]he
understands the words contained in the warnings.
e. UNDER FOURTEEN: If a juvenile being interrogated is under the
age of fourteen, he/she must be given an opportunity to have a
meaningful consultation with an interested adult to discuss the
Miranda warnings.xviii
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h. AGE 14 -17: If the juvenile between the age 14 -17 years of age
and an interested adult is already present, the adult shall be given
an opportunity to have a meaningful consultation with the juvenile,
regardless of the degree of intelligence, experience, knowledge or
sophistication on the part of the juvenile.
4. Officers shall ensure that the interrogation is not unduly coercive,
particularly when an interested adult is not present. [44.2.3]
a. The duration of each interrogation session should be limited and
frequent breaks taken.
b. Absent extraordinary circumstances, only two officers should be
present at the interrogation.
NOTE: Massachusetts courts have not ruled on how long the
interrogation session of a juvenile may continue before it becomes
unduly coercive. Whether an interrogation is unduly coercive such that
a valid wavier of rights cannot be made, is a facts and circumstances
inquiry and will be dependent on the age, intelligence and sophistication
of the juvenile, as well as the circumstances of the interrogation.xix
5. REPORTS: Included in the arrest record will be the time in which each
period of interrogation was commenced and completed, the officers
present and the names of parents or responsible adults on hand.
G. Abused or Neglected Children [42.2.2(b)]
1. M.G.L. Chapter 119 § 51A states, a police officer who, in his/her
professional capacity, has reasonable cause to believe a child under age
18 is suffering serious physical or emotional injury or death from abuse
or neglect, including sexual abuse or malnutrition, shall immediately
report such condition to the Department of Children and Families (DCF)
by oral communication, followed by a written report within 48 hours of the
oral communication.xx Said report shall contain the following information:
a. The names and addresses of the child and parents or other
person responsible for the child’s care, if known;
b. The child's age;
c. The child's sex;
d. The nature and extent of the child's injuries, abuse, maltreatment
or neglect;
e. The circumstances under which the officer first became aware of
the child's condition;
f. The action taken, if any, to treat, shelter or otherwise assist the
child;
g. The name of the officer making the report;
h. Any other information which the officer believes may be helpful in
establishing the cause of the injuries; and
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i. The identity, if known, of the person or persons responsible for
such injuries.
2. Juveniles may be taken into custody in situations where the officer
believes that the life or health of the child is in immediate danger. In such
cases, the Department of Children and Families (DCF) shall be
immediately contacted and requested to respond to the scene to take
custody of the juvenile.xxi If DCF does not respond to the scene in a
reasonable amount of time, the juvenile may be transported to the station
to await DCF.
3. In serious cases of child neglect or abuse, the officer may apply to an
appropriate juvenile court to have custody of a child under eighteen taken
away from the parents or other neglectful or abusing custodian and have
custody transferred, on an emergency basis, to DCF or a licensed child
care agency or individual.xxii (Commonly known as a Care and Protection
hearing)
H. School Liaison (SRO) and Youth Programs
1. The Chief of Police may establish and/or maintain a school liaison
program and appoint one or more officers to perform as School Resource
Officers. An SRO or Youth Officer will: [42.2.4]
a. Act as a resource with respect to delinquency prevention;
b. Provide guidance on ethical issues in a classroom setting, as
requested;
c. Provide individual counseling and/or mentoring to students;
d. Explain to students the role of law enforcement in society;
e. Assume responsibilities for all law enforcement activities within
the schools.
2. The Department encourages all personnel, as good citizens, to
participate in community recreational programs for youths. Where a
recreational program is needed but does not exist, officers should
encourage citizens and community leaders to organize one. [42.2.5] [1.1.3]
I. Record Keeping
1. Officers who select non-custodial alternatives or engage in informal
enforcement contacts with juveniles shall complete appropriate field
interview and/or incident reports as required by this agency. These
reports shall clearly identify the juveniles involved, the nature of the
incident and the rationale for the officer’s disposition.
2. Juveniles taken into custody for criminal-type offenses shall be subject to
the same reporting requirements as adults. Such records, including
photographs and fingerprints, shall be clearly marked “Juvenile” and will
be separated from adult arrest records. [82.1.2(a)]
3. Juveniles detained in lock-up will be entered into the Juvenile Lock-up
Docket through CJIS at the time of detention.
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i M.G.L. c. 119, s. 52
ii M.G.L. c. 119, s. 52
iii 28 CFR Part 31.303 (i)
iv M.G.L. c. 119, s. 67
v M.G.L. c. 119, s. 67
vi M.G.L. c. 263, s. 1A; Com. v. Shipps, 399 Mass. 820, 507 N.E.2d 671 (1987)
vii Executive Order Number 339, Commonwealth of Massachusetts, Aug. 14, 1992; 28 CFR
Part 31.303(f)(5)(iv)(H)
viii M.G.L. c. 119, s. 68
ix M.G.L. c. 119, s. 67
x M.G.L. c. 119, s. 67
xi M.G.L. c. 94C, s. 36
xii Com. v. A Juvenile, 389 Mass. 128, 449 N.E.2d 654 (1983)
xiii Com. v. Berry, 410 Mass. 31, 570 N.E.2d 1004 (1991)
xiv Com. v. King, 17 Mass. App. Ct. 602, 460 N.E.2d 1299, rev. den. 391 Mass. 1105, 464
N.E.2d 73 (1984)
xv Com. v. Carey, 407 Mass. 528, 554 N.E.2d 1199 (1990)
xvi Com. v. A Juvenile, 389 Mass. 128, 449 N.E.2d 654 (1983); Com. v. Berry, 410 Mass. 31,
570 N.E.2d 1004 (1991)
xvii Com. v. Guyton, 405 Mass. 497, 541 N.E.2d 1006 (1989)
xviii Com. v. Berry, 410 Mass. 31, 570 N.E.2d 1004 (1991)
xix See Com. v. Harris, 364 Mass. 236, 303 N.E.2d 115 (1973)
xx M.G.L. c. 119, s. 51A
xxi M.G.L. c. 119, s. 51B
xxii M.G.L. c. 119, s. 24
xxiii M.G.L. c. 119, s. 62
xxiv M.G.L. c. 119, s. 54