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Juvenile Flow Chart

Under 12

Under 12 - Homicide

Homicide

"Juvenile Delinquent"

Family Court

1. Issue a JD appearance ticket to the JD and the parent/guardian of the JD

2. File a probation referral

3. Contact the County Attorney and probation if an order of protection is needed.

Under 12 - Any Other Crime

1. Fill out an OCFS raising the lower age of juvenile delinquency differential response referral form

Any Other Crime

12

12 Years Old

A&B Felony

1. Inform Parent

2. Fingerprint the juvenile at an adult segregated area

Contact the County Attorney and DA

A&B Felony

Any other crime

1. Issue a JD appearance ticket to the JD and the parent/guardian of the JD

2. File a probation referral

3. If an OP is needed, ensure to contact probation and request, they will petition family court

Any other Crime

13-15

13-15 years old

Misdemeanor

Misdemeanor

1. Issue a JD appearance ticket to the JD and the parent/guardian of the JD

2. File a probation referral

3. Submit both JD ticket and Referral to supervisor for review

4. If an OP is needed, advise probation and they will have to petition family court

13-15 Non "JO" felony

"Juvenile Delinquent"

Non Violent Felony

Family Court

1. Inform parents

2. Fingerprint the juvenile at an adult segregated area

3. Issue a JD appearance ticket to the JD and the parent/guardian of the JD

4. File a probation referral

5. If an OP is needed advise probation so they can petition family court

6. If arraignment is needed for an immediate OP, the County Attorney must be contacted so they can file a petition to family court

Violent "JO" Felony

"Juvenile Offender"

Youth Part of County Court

A child who is 13, 14, or 15 years old is charged with committing a serious or violent felony offense listed in Penal Law 10.00 (18)

Penal Law 10.00(18)

18. "Juvenile offender" means (1) a person thirteen years old who is criminally responsible for acts constituting murder in the second degree as defined in subdivisions one and two of section 125.25 of this chapter or such conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; and (2) a person fourteen or fifteen years old who is criminally responsible for acts constituting the crimes defined in subdivisions one and two of section 125.25 (murder in the second degree) and in subdivision three of such section provided that the underlying crime for the murder charge is one for which such person is criminally responsible; section 135.25 (kidnapping in the first degree); 150.20 (arson in the first degree); subdivisions one and two of section 120.10 (assault in the first degree); 125.20 (manslaughter in the first degree); subdivisions one and two of section 130.35 (rape in the first degree); subdivisions one and two of section 130.50 (criminal sexual act in the first degree); 130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary in the first degree); subdivision one of section 140.25 (burglary in the second degree); 150.15 (arson in the second degree); 160.15 (robbery in the first degree); subdivision two of section 160.10 (robbery in the second degree) of this chapter; or section 265.03 of this chapter, where such machine gun or such firearm is possessed on school grounds, as that phrase is defined in subdivision fourteen of section 220.00 of this chapter; or defined in this chapter as an attempt to commit murder in the second degree or kidnapping in the first degree, or such conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law.

16 or 17

16 or 17 years old

16 or 17 years old

Non Criminal Violation

Local Court

Violation

V&T

Issue traffic UTT to the juvenile for the local court

V&T

Non V&T

1. Issue an appearance ticket to the local court

2. Fill out accusatory instrument

Non V&T

Non V&T and

Arraignment

Non Immediate Arraignment Needed for OP

1. Issue an appearance ticket to the local court

2. Fill out an accusatory instrument

3. Ensure prosecution is aware of the request for an OP if needed

Non V&T

and

Arraignment

Immediate Arraignment Needed

1. After hour 16/17 year old arraignments will be held segregate of adults

2. Must contact the public defenders office and advise

3. If there is a gap in any time from processing to court, the juvenile must be released to their parents with instructions to return to court at the appropriate time

4. Fill out an accusatory instrument

5. Copies must be provided to all parties

16 or 17 year old Misdemeanor

Misdemeanor

16 or 17 year old V&T

Misdemeanor

Printable V&T Misdemeanor

1. Inform parents

2. Fingerprint the juvenile in an adult segregate area

3. Issue a UTT to the defendant to local court

16/17 V&T Misdemeanor

Non printable V&T misdemeanor

1. Issue a UTT to the defendant to local court

16 or 17 year old

Penal Law Misdemeanor

16/17 Penal Law Misdemeanor

" Juvenile Delinquent"

Family Court

1. Issue a JD appearance ticket to the JD and the parent/guardian of the JD

2. File a probation referral

3. Complete an arrest report

4. If an OP is needed, advise probation and they will have to petition family court

Felony

16/17 Felony

Non V&T Felony

V&T Felony

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