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305 Juvenile Procedures (Issued 05-15-2008)FRIDLEY POLICE DATE OF ISSUE NUMBER: GENERAL ORDER May 15, 2008 305 SUBJECT: REVISION DATE SECTION: Juvenile Procedures May 15, 2008 Yellow I. PURPOSE To implement guidelines and policy in the issuance and administration of the Anoka County Juvenile Citation. II. POLICY The 1982 Minnesota Legislature amended the juvenile delinquency law by removing from the delinquency category all "status" offenders. It authorized a juvenile citation system to be used for the status offences and all violations involving petty matters. III. DEFINITIONS Habitual Truant A habitual truant is a child under the age of 16 years absenting himself from school without lawful excuse for seven school days if the child is in elementary school, or one or more class periods on seven school days if the child is in middle school, junior high school, or high school. Runaway A runaway is an unmarried child under the age of 18 years who absents himself from the home of his parent or other lawful placement without the consent of his parent, guardian, or lawful custodian. Juvenile Petty Offender A juvenile petty offender is a child who: A. Violates Minnesota Statutes § 609.685 (use of tobacco), or B. Violates a local ordinance which by the terms of the ordinance is not a violation for an adult and which violation is not included in a juvenile alcohol offense or juvenile controlled substance offense described below. (Example, curfew), or C. Is uncontrolled by his or her parent, guardian, or custodian by reason of being wayward or habitually disobedient. Juvenile Alcohol Offender A juvenile alcohol offender is a juvenile who violates Minnesota Statutes § 340.035, Subd. 1(4), 1(5) or 1(6), or Minnesota Statutes § 340.731, or an equivalent local Ordinance. These laws refer to the possession or consumption of non-intoxicating or intoxicating malt liquor and do not include the prohibition for a person to procure alcohol for a minor, which remains an act of delinquency. Juvenile Controlled Substance Offender A juvenile controlled substance offender is a child who violates Minnesota Statutes § 152.09, Subd. 1(2), with respect to a small amount of marijuana, or an equivalent local ordinance. This law does not include the giving or selling of marijuana or the possession of marijuana in a motor vehicle under Minnesota Statutes § 152.15, all of which remain acts of delinquency. IV. PROCEDURE A. JUVENILE PETTY OFFENDER CITATION 1. The Anoka County Juvenile Citation is intended to be used for the above listed petty matters and any other ordinance violations which can apply only to a juvenile, i.e. curfew, loitering, etc. 2. The Juvenile Citation, like the traffic citations, are numbered and are accountable. They are issued in the form of books and one book will be maintained in each squad. Information Services Unit will maintain a supply of the books and will issue as needed. 3. Each Juvenile Citation has three self carbonated colored copies. The green copy is given to the juvenile by the issuing officer. The yellow and pink copies are to be turned in to the Information Services Unit . The yellow copy will ultimately be forwarded to the Intake Unit of the Anoka County Corrections Department, and the pink will be retained for department records. 4. An ICR, or supplementary report where appropriate, must accompany each Juvenile Citation that is issued. A copy of this report will go to the Intake Unit with the Juvenile Citation. The report is required by the court for the citation to be processed and must contain the facts establishing probable cause for the citation. 5. A Juvenile Contact Report need not be completed when a citation is issued for violations listed above. A Juvenile Contact Report will continue to be used for all other juvenile criminal violations. 6. The Juvenile Citation must be filled out completely when issued. The names and addresses of both parents are needed. If, however, after reasonable attempts you are unable to learn the name or address of a parent, insert "unknown" on the correct line. 7. A Juvenile Citation may be written by an officer even if the officer does not see the offense. 8. A Juvenile Citation may not be signed by a private citizen. 9. A Juvenile Citation may be issued to the juvenile by mail. 10. The Juvenile Citation is not to be used for bicycle law violations or any traffic offenses. 11. Juvenile Citations will not be issued to juvenile runaways who return home on their own. Technical Services will just forward a copy of the incident report to Anoka County Juvenile Corrections for disposition. B. JUVENILE CHARGING PROCEDURES 1. UNIFORM TRAFFIC CITATIONS a. All violations of chapters 169 & 171 b. Snowmobile, ATV, etc., violations except violations of Minnesota Statutes § 84.90 or similar RV trespass violation (private property) c. All violations of water traffic law d. Violation of 152.027, Subd. 3 (driver/owner possess over 1.4 grams of mj) (misdemeanor) 2. JUVENILE PETTY OFFENDER CITATIONS a. Juvenile alcohol offenses (possession or consumption) b. Juvenile controlled substance offenses (small amount of marijuana) - NOT PARAPHERNALIA c. Tobacco offenses (use, possession, attempt to purchase) d. Violations of law which by their terms prohibit conduct by a child under the age of 18 which would be lawful conduct if committed by an adult (such as curfew) 3. JUVENILE CONTACT REPORTS a. Felony, gross misdemeanor, misdemeanor, and petty misdemeanor delinquency (criminal) offenses. If there are status offenses as well, they should go on the juvenile contact report along with the other criminal charges. b. Snowmobile, ATV, etc., violations of Minnesota Statutes § 84.90 or similar trespass violation (private property) 4. EXCEPTIONS a. Technically, any offense or violation can go on a juvenile contact report (basically a transmittal form) including traffic matters (if juvenile court has jurisdiction) and juvenile petty offenses. Use of a citation saves time, however. If a traffic matter or juvenile petty offense is put on a juvenile contact report rather than a citation, the county attorney’s office has to draft the appropriate traffic or juvenile petty offender petition, which delays the handling of the matter. b. Juvenile alcohol offenses for possession and consumption go on juvenile petty offender citations, not on the uniform traffic citation. c. However, if a juvenile is cited for minor consumption and was driving a motor vehicle at the time, this offense is charged on a uniform traffic citation under Minnesota Statutes § 169A.33. d. Juvenile DWI offenses are handled by the City Prosecutor’s Office. e. Possession of drug paraphernalia goes on a juvenile contact report. It is a petty misdemeanor, but it is not a juvenile petty offense, so it cannot go on a juvenile petty offender citation, and is charged as a delinquency. f. The following additional offenses are not considered traffic offenses: 1) Firearms, etc., in a motor vehicle 2) Discharge firearms from motor vehicle 3) Criminal vehicular operation 4) Theft of a motor vehicle (UUMV) 5) Tampering g. Under statute, uniform traffic citations may be issued to juveniles for delinquent acts that would be petty misdemeanors or misdemeanors if committed by an adult. However, since forms for these offenses have not been developed, juvenile contact reports must be used, not UTCs.