The purpose of pre-adjudication detention is to protect the community and ensure that the minor appears at future hearings. Prior to adjudication, a minor should be released unless:
The minor is alleged to have committed a delinquent offense AND
Objective assessment demonstrates there is a high risk that the minor:
Will cause imminent harm to themselves or others OR
Will not appear at future hearings or to prevent flight when the juvenile is a fugitive or escapee from another jurisdiction.
The purpose of detention following adjudication for a crime is to sanction and rehabilitate delinquent conduct. The purpose of detention is not to detain suicidal youth. The decision to detain and the length of detention should be logically related to the seriousness of the offense or violation and the minor’s risk to community safety, and should be made in the context of an articulated system of graduated responses. Detention as a sanction should also be paired with appropriate therapeutic and remedial responses aimed at correcting the behavior and building competency.
*This definition does not take into account past adjudications and/or convictions.
The Definition of Recidivism
Delinquency adjudication or conviction in criminal court for either a misdemeanor or felony within thirty-six (36) months of the date of the offense that lead to the adjudication or conviction.