I am curious as to how the agencies in various jurisdictions handle the following issue regarding juvenile cases filed at large.

Our juvenile probation department wants our P.D. to take the juvenile into custody so the juvenile can be fingerprinted and the CJIS form completed. The captain at the P.D says the probation department should do it.


How is it done in your neck of the woods??

Any input appreciated.

Nancy Manning

Maybe I've always made it too simple in my mind, but 58.110 seems fairly clear on this point; whoever initates the referral should intiate the JJIS. So if the PD files the case whether its an arrest or not, from my reading of the code I would say the responsibility falls to the PD.
But I also think that 58.08 gives your juvi board the authority to have it complied in any manner they aee fit as long as it comports with what DPS wants.

Now as far as how the jurisdictions that I've worked in have done it, I believe as a curtesy the probation officers have done it for the PD on paper referral cases, but in a contest of wills I think the PD has the burden.

Hello Stacey.

Yes, the law does seem clear. Each side was providing different scenarios of how it's "usually done" in other places and I thought it would be helpful to find out what the "practice" was in other places to perhaps work out a compromise for two very overworked agencies. I don't think it's going to happen.

You've been helpful. Thank you very much.

Nancy

If you don't get anymore replies here you might try calling the legal section of TJPC. I know they provide advice for all the juvi probation departments and they might be familiar with how some of them handle this dilemma.

Good Luck with finding a compromise