After Juvenile is Found Delinquent
Frequently Asked Questions (FAQs)
What happens at the disposition phase?
When does the disposition happen?
What happens if the juvenile is adjudicated delinquent?
What is probation supervision?
What do juvenile probation officers do?
Do juveniles get institutionalized?
What happens if the juvenile requires treatment?
What happens when a juvenile turns 18?
Can a juvenile appeal when adjudicated delinquent?
Can the juvenile request a review hearing to change placement?
► What happens at the disposition phase?
If the juvenile is found not to be delinquent, then the juvenile must be released right away, and the case is over. If the juvenile is found to be delinquent, then the court will schedule a disposition hearing. At the disposition hearing, the judge decides the consequences. There is no jury during disposition.
► When does the disposition happen?
The judge may hold a disposition hearing immediately if all involved agree. Otherwise the disposition would happen within 30 days for juveniles in detention and 60 days for those out of custody. Usually the court will wait for DJJ to prepare a predisposition report, which may take several months. DJJ will:
- collect information about the juvenile, the community where the offense occurred, and
- interview the juvenile, their family, friends, teachers, doctors, any victims of the offense, and any others who may have knowledge about how best to treat the juvenile.
DJJ will recommend a treatment plan based on the information. The judge will consider this report seriously, but does not have to follow it. The juvenile can present evidence against the report. At the disposition hearing, the judge will consider the juvenile’s evidence, the evidence in the report, and possibly other evidence from the state. Victims are allowed to give a written or oral statement. The judge will decide the appropriate requirements for the juvenile to follow, including restitution to the victim.
► What happens if the juvenile is adjudicated delinquent?
If the court adjudicates the juvenile delinquent, the court has different options:
► What is probation supervision?
After the adjudication hearing, most juveniles are placed in the community on conditions of probation under the supervision of probation officers. During probation, the juvenile must follow all conditions that can include:
- restitution to the victim,
- counseling,
- treatment for substance abuse, mental health or anger management,
- community work service, or
- completion of a diversion program.
► What do juvenile probation officers do?
Probation officers:
- help offenders develop life skills,
- make sure they pay restitution to their victims,
- work with the courts to enforce disposition judgments which benefit the community, victim, juvenile offender and the offender’s family,
- work to develop community based solutions like circle sentencing,
- work with youth facility staff and other agencies to provide intensive community supervision and aftercare services to juvenile offenders transitioning back into the community after being discharged from institutional treatment programs.
Learn more about the DJJ’s regional probation services.
► Do juveniles get institutionalized?
If the court believes that the juvenile needs greater restrictions, the judge can order commitment to a juvenile facility, commonly called institutionalization. After receiving input from the juvenile, the parents/guardians and probation officer, the juvenile is placed in one of DJJ’s four secure, long-term facilities. Juvenile facilities provide secure custody, behavior management, education, health care, substance abuse and family counseling, and work opportunities.
Facilities in Anchorage, Fairbanks, Juneau and Bethel house institutional youth. Facilities in Kenai, Mat-Su and Bethel house youth pending adjudication or who were arrested for violations.
The programs are designed to:
- intervene in entrenched delinquent behavior,
- build value systems reflective of the local culture, and
- restore victims and the community to the fullest degree possible.
Get information about DJJ facilities .
► What happens if the juvenile requires treatment?
After a formal court hearing, a judge may order a juvenile based on assessed need to out-patient or in-patient residential treatment for mental health and/or substance abuse.
The court order may include formal probation supervision after the juvenile is released from treatment. Aftercare services may be available to help the youth adjust to community placement and maintain the progress made while in treatment.
Get information about DJJ treatment and its facilities .
► What happens when a juvenile turns 18?
A juvenile is released from DJJ supervision after completing the terms of his or her court order, or after “aging out” upon his or her 19th birthday. Juveniles may stay under DJJ supervision or custody up to their 20th birthday if they agree with this continued supervision or custody and a court grants the extension.
► Can a juvenile appeal when adjudicated delinquent?
A juvenile adjudicated as delinquent has the right to appeal from the court's decision to a higher court. Grounds for appeal include procedural error, violation of constitutional rights, and not enough evidence presented at the hearing.
► Can the juvenile request a review hearing to change placement?
If the juvenile's circumstances have changed since placement, he or she may request a review hearing to ask for a more suitable placement. The juvenile has a right to be present and to be represented by a lawyer. The court automatically holds review hearings once a year to review juvenile placements.