305 Juvenile Procedures (Revised 09-07-2017)FRIDLEY POLICE DATE OF ISSUE NUMBER:
GENERAL ORDER May 15, 2008 305
SUBJECT: REVISION DATE SECTION:
Juvenile Procedures September 7, 2017 Yellow
I. PURPOSE
To implement guidelines and policy regarding juvenile charging
procedures.
II. POLICY
In 2009, the Anoka County Attorney’s Office assumed responsibility of all
juvenile cases in Anoka County. Given the unique charging considerations
for incidents involving juveniles, it is necessary to provide case-specific
procedures to ensure the proper handling of juvenile cases.
III. DEFINITIONS
Habitual Truant
A habitual truant is a child under the age of 16 years absenting himself or
herself 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 or herself from the home of his/her parent or other lawful
placement without the consent of his/her 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. JUVENILE CHARGING PROCEDURES
A. JUVENILE CONTACT REPORTS
1. All juvenile cases should be submitted to the County Attorney’s Office
via Juvenile Contact Reports, except for specific traffic offenses that
will be submitted via Uniform Traffic Citations.
2. The Juvenile Petty Offender citation books should no longer be used
for juvenile petty offenders (Possession/Consumption of Alcohol,
Marijuana, Tobacco Curfew). These offenses should be submitted via
juvenile contact reports.
B. UNIFORM TRAFFIC CITATIONS
1. Uniform Traffic Citations shall be issued to juvenile offenders for the
following offenses:
a. All violations of chapters 169 & 171
i. DWI Offenders under the age of 16 should be
submitted to the County Attorney’s Office
ii. DWI Offenders who are 16 or 17 years of age
should be handled by the City Prosecutor’s Office
(260B.225, Subd. 4)
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 marijuana) (misdemeanor)
2. Non-traffic offenses, such as curfew or minor consumption, should not
be added to uniform traffic citations. These offenses should be
submitted via juvenile contact forms.
3. Although some juvenile offenses involve the use of a motor vehicle,
they are not considered traffic offenses. The following offenses
involving motor vehicles should be submitted via juvenile contact
reports:
a. Firearm offenses in a motor vehicle
b. Discharge firearms from a motor vehicle
c. Criminal vehicular operation
d. Theft of a motor vehicle (UUMV)
e. Motor vehicle tampering
4. Since adult citations and juvenile citations track on different calendars,
in addition to the electronic submission of citations, all juvenile traffic
citations/reports must also be submitted to the Anoka County
Attorney’s Office by at least one of the following methods:
a. US Mail (2100 3rd Ave. Suite 720 Anoka, MN 55303)
b. Fax (763-324-3670)
c. Contact the Juvenile Court Clerk by telephone (763-422-
7597)