Adopted May and November 1977 and June 1978;
Amended May 1989

The League of Women Voters of Indiana believes that rehabilitation and treatment are the primary goals of the juvenile justice system. The League further believes that neither the philosophy of parens patriae, which regards the court as the guardian of the juvenile, nor the informality and flexibility of the current juvenile justice system should operate in such a fashion as to deprive juveniles of their rights to due process.

Generally, the League supports these refinements in the juvenile justice system:

• Required training for judges having juvenile jurisdiction.

• Wider use of legal counsel for juveniles, to ensure full protection of their legal rights. Counsel should be made available to juveniles from the beginning of the intake process.

• Education to promote awareness of the special laws pertaining to juveniles.

• A governmental agency responsible for assisting the juvenile courts and law enforcement agencies in interpreting the laws and overseeing their enforcement. This could be administered through the Attorney General's office.

• Standardized rules of procedure for juvenile courts, including standardized procedures for probation departments.

The League of Women Voters has specific positions on the following juvenile justice topics:

Status offenders

• Jurisdiction. The category of dependent children should be broadened to include status offenders, or a special category should be created, such as "persons in need of supervision." Status offenders should come under the jurisdiction of the juvenile court only as a last resort, when all other avenues of assistance have been explored. If a juvenile or the family refuses repeatedly to participate in a voluntary program, the coercive power of the court may be necessary to ensure participation. The community should also accept more responsibility for the status offender, both through its schools and through other community services. The League recommends more clear-cut definitions of the terms "habitually truant" and "incorrigible" if these are to remain in the Code.

• Treatment. It is of paramount importance that there be statewide effort to establish a network of youth service agencies for the coordination and development of alternative community resources for dealing with status offenders. Currently the treatment received by status offenders is dependent on the varying kinds of alternative resources available in the local community.

• Disposition and incarceration. Dispositions available to the judge in cases involving status offenders should be limited to alternative resources and social service agencies available for the treatment of behavioral problems. Under no circumstances should a status offender be incarcerated with adjudicated delinquents.

• Detention. Under no circumstances should status offenders be detained with adjudicated delinquents or those accused of delinquent behavior. Limitations should be placed on the use of detention prior to and during court proceedings.

Confidential nature of the court and record-keeping

• The League supports maintaining the confidential nature of the juvenile court.
  

• A uniform system of record-keeping by law enforcement agencies and the courts should be established throughout the state. Law enforcement agencies should keep juvenile records separate and confidential. Access to these records should be restricted to law enforcement agencies and the courts unless the juvenile and parents have given permission for the dissemination of the information.

• The League supports automatic destruction of records of status offenders and other minor offenders following a period of two years of good behavior.

• If the current procedure of petition for destruction of records is maintained, the juvenile and parents should be notified of this procedure during the court proceedings. An educational program should be instituted to increase public awareness of the laws governing the destruction of records ("expungement"). The records destroyed should include unofficial records such as those kept by the probation department, the welfare department, and/or other social service agencies.

Law enforcement and police training

• Law enforcement agencies should have authority to make status adjustments. Police should have the authority to refer juveniles, especially status offenders, to voluntary agencies.
  

• There should be special training of police to work with juveniles and specific guidelines for them to use in these matters. All children should be treated alike, regardless of sex, race, ethnic background, or socioeconomic status. Police training should include: (1) an expanded curriculum at the Indiana Police Academy which includes emphasis on juvenile law and techniques for handling juveniles effectively and (2) required inservice training and seminars in the field of juvenile justice.

Detention

The League supports:

• The use of detention for the protection of the child and for the protection of society.

• The development of statewide guidelines for authorities to use in making determinations to hold and detain a child. Guidelines should specify that juveniles shall not be held in confinement with adult offenders.

• A statutory limit on the period of time a juvenile may be held without a determination hearing.

• The League recommends the creation of 24-hour intake services by qualified probation personnel in each county, in order to minimize the number of youngsters held in jails and detention facilities for status offenses and other minor offenses.

• Further, the League recommends development of a variety of service facilities, foster home care, shelter care, etc. Funding for these should come from federal, state, and local governments, as well as private sources.

• The League opposes the use of detention as a form of punishment.

Probation

The League supports a variety of improvements in probation services. These include:

• Required, periodic training for all probation personnel.

• Uniform standards for hiring personnel.

• Improved salaries, commensurate with professional training.

• Reduction of administrative duties.

• The League recommends that probation services be put under civil service, taken out of the realm of political appointments. In addition, the League supports state subsidies for counties which meet certain probation standards.

Delivery of services

• The League supports an efficient, innovative, and effective system for the delivery of services to children in trouble. More coordination and communication among agencies involved in juvenile justice, at both the state and local levels, are needed. The state should act as a catalyst in providing increased services and programs for juveniles and provide a forum for communication. In addition, the state should evaluate and monitor ongoing programs and research new methods for providing improved services.

• The League recommends coordinated long-range planning, including the setting of goals and priorities. The planning process should include citizen review. The League believes that high priority should be given to development of delinquency prevention services and programs.

Institutionalization and alternatives

In order to fulfill the primary goals of rehabilitation and treatment in the juvenile justice system, the League supports:

• The creation of community based correctional programs at the regional and local levels.
  The maintenance of centralized state institutions solely for the most serious juvenile offenders and for diagnostic work. The population at these institutions should be noticeably reduced by creating alternatives at the regional and local levels.

• An ongoing evaluation of programs at all levels.

• Uniform standards for personnel hiring and performance.

• A uniform method of record-keeping which would provide for accountability within the system.
  

• The League recommends improvement in the parole system and in after-care services as vital in providing effective treatment of juvenile offenders. Day treatment, halfway houses, foster care, or other alternative programs should be provided for juveniles on parole. Involvement of the juvenile's family in any treatment program is essential. Innovative methods should be explored for providing these services.

• The cost of providing services to juvenile offenders should be shared by county, state, and federal governments; by parents where possible; and by private sources. A system of funding incentives from the state which would encourage local judges to use community based and regional programs for juvenile offenders is highly desirable.

Criminal Juvenile Offender (Position added March 1997)

• The League supports the following policies in connection with criminal juvenile offenders.

• Judges should retain full discretionary powers to make decisions regarding criminal juveniles, including remanding criminal juveniles to adult courts. There is no offense for which a juvenile should automatically be remanded to adult court. Additionally, the League does not support juvenile capital punishment.

• When a youth is detained away from the home, the financial responsibility should be shared by both local and state governmental agencies. A goal should be to provide a juvenile detention center within a county or shared by adjacent counties, allowing for easier provision of family services. Once detained, the juvenile should be allowed to receive services as determined by the judge.

• Parents should be required to attend all juvenile court proceedings. Additionally, while parents should be ultimately financially responsible for the cost of the crime incurred by their child, the parents' responsibility does not extend to their being incarcerated for the crime.
  

• Juvenile criminal offenders should be physically separated from adult prisoners, if not in separate prisons then in separate facilities at a common site. Separation would include but not be limited to eating areas, restroom/bathing areas, educational/recreational areas, and work sites. Juvenile criminal offenders should not automatically be released from incarceration upon reaching the age of adulthood. A juvenile reaching adulthood should remain incarcerated if any of the following conditions apply: if the youth committed a capital crime; if the youth committed a heinous offense; if the youth is a danger to himself/herself or community; if the youth suffers from mental illness; if the youth shows no signs of remorse or rehabilitation; or if the youth is currently succeeding in a rehabilitation program that has not yet been completed.

• Services deemed appropriate for a particular case should be made available to the juvenile criminal offender. These services would include but not be limited to mental health/psychological counseling, education, job/skill training, independent living training, and family counseling. The services should be paid for by both state and local governmental funds.

• Possible alternative rehabilitative services would include: peer court, financial restitution to the victim or the community paid for by the juvenile, boot camp/shock incarceration, and community service.

• The League does not support automatic expungement of the records of juvenile criminal offenders. Reaching the age of adulthood should not guarantee expungement of records. The juvenile should be advised of his/her right to petition the court to have records expunged.

• The public school's role in juvenile crime. As an alternative to suspending or expelling a student who is convicted of committing a delinquent act on school grounds, a principal should be able to place the juvenile in an educationally related program such as but not limited to a community service project restricted to the school grounds, attendance at parenting classes if the juvenile is a parent, intensive school counseling services, and/or work that would result in restitution to the victim or for school property damage.

• In lieu of suspension or expulsion, a principal should have the authority to encourage parents of the juvenile to attend parenting classes and/or family counseling.

• School corporations should be responsible for providing alternative classroom education for disruptive or criminal juveniles. The League supports adoption of school corporation policies such as "zero tolerance" with regard to unlawful drugs, firearms/weapons, violent acts toward persons and property, and alcohol use.

• The community and school should be responsible for providing the following services to juveniles expelled from school: education, job/skill training and/or apprenticeships, counseling, alternative schooling, and independent living training. These services should be paid for by a mix of local and state governmental funds and parental funds.