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PATROL GUIDE

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<strong>PATROL</strong> <strong>GUIDE</strong><br />

Section: Juvenile Matters Procedure No: 215-09<br />

OFFENSE COMMITTED BY A CHILD UNDER 16 YEARS OF AGE<br />

(OTHER THAN A JUVENILE OFFENDER)<br />

DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:<br />

08/01/13 08/01/13 1 of 6<br />

PURPOSE<br />

DEFINITION<br />

PROCEDURE<br />

UNIFORMED<br />

MEMBER OF<br />

THE SERVICE<br />

To process a child under sixteen years of age who has committed an offense.<br />

JUVENILE DELINQUENT - A person over seven and less than sixteen years of age who<br />

commits an act, which if committed by an adult, would constitute a crime.<br />

When a child less than sixteen years of age commits an offense:<br />

1. Detain child<br />

2. Notify desk officer of facts.<br />

DESK OFFICER 3. Have parent/guardian notified.<br />

4. Have age determined by questioning juvenile or parent/guardian.<br />

a. Verify age by satisfactory documentary proof, if available.<br />

NOTE<br />

When a juvenile arrested for a designated felony, is a recidivist, commits a felony while<br />

awaiting trial on a violent offense, or the desk officer believes the juvenile is a danger to<br />

the community, the juvenile will be removed directly to Family Court or to Horizon<br />

Juvenile Center, if court is not in session.<br />

A juvenile MUST be taken into custody and charged with juvenile delinquency when an<br />

act, if committed by an adult, would be a felony, Unlawful Assembly or any<br />

misdemeanor listed in P.G. 208-07, “Photographable Offenses.”<br />

NOTE<br />

5. Confer with youth officer and precinct detectives when a group of<br />

juveniles is involved in the same incident.<br />

6. Direct officer to prepare JUVENILE REPORT SYSTEM WORKSHEET<br />

(PD377-159A) and COMPLAINT REPORT WORKSHEET (PD313-152A),<br />

as per P.G. 215-08, “On-Line Juvenile Report System,” when:<br />

a. Offense committed is NOT a crime, OR<br />

b. Determination is made to refer a misdemeanor to youth officer (if<br />

residence is outside New York City, refer to Youth Services<br />

Section).<br />

A JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) and COMPLAINT<br />

REPORT WORKSHEET (PD313-152A) is NOT prepared for truancy (see P.G. 215-<br />

07, “Truants”).<br />

7. Direct member concerned to take juvenile into custody and deliver to command<br />

with approved location for interrogation, if court is not in session.<br />

a. If court is in session, determine if juvenile should be delivered<br />

direct to court or processed for personal recognizance.<br />

b. If court is not in session, direct member concerned to obtain from<br />

borough Court Section the return date for an appearance ticket, if<br />

juvenile is released on an APPEARANCE TICKET-FAMILY<br />

COURT (see “ADDITIONAL DATA”).<br />

NEW • YORK • CITY • POLICE • DEPARTMENT


<strong>PATROL</strong> <strong>GUIDE</strong><br />

PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:<br />

215-09 08/01/13 2 of 6<br />

NOTE<br />

UNIFORMED<br />

MEMBER OF<br />

THE SERVICE<br />

NOTE<br />

A juvenile who has committed a designated felony will be taken to Family Court without delay if<br />

court is in session, unless interrogation of juvenile is necessary (see P.G. 215-12). If Family Court<br />

is not in session, the arresting officer MUST appear in court at 0900 hours, the next day court is in<br />

session. In all other arrests for juvenile delinquency, if juvenile is NOT released on recognizance<br />

(issued an APPEARANCE TICKET-FAMILY COURT), the arresting officer MUST appear in<br />

Family Court at 0900 hrs. the next day court is in session. Desk officers will ensure that the<br />

arresting officer’s tour is adjusted accordingly, as necessary. If court is not in session the next day,<br />

due to weekend or court holiday, members of the service will comply with P.G. 215-23, “Court<br />

Processing of Arrests of Juvenile Delinquents on Weekends and Court Holidays.”<br />

8. Detain juvenile in location designated for interrogation.<br />

a. Have female police officer or other qualified female present, if<br />

juvenile is a female.<br />

9. Ensure uniformed member of the service notifies the Juvenile Desk.<br />

Arresting officers must call the Juvenile Desk before beginning the arrest process to ensure that any<br />

intelligence regarding the juvenile is obtained before the decision whether to release the juvenile to<br />

a parent/guardian/adult relative is made. The Juvenile Desk has specialized databases that can<br />

provide vital background information on arrested/detained juveniles and those adults taking<br />

custody of a juvenile upon recognizance or release.<br />

10. Prepare ON LINE BOOKING SYSTEM ARREST WORKSHEET<br />

(PD244-159).<br />

11. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A), if<br />

applicable.<br />

12. Ensure that juvenile offender is fingerprinted and palmprinted in conformance<br />

with P.G. 208-11, “Livescan Fingerprinting and Palmprinting.”<br />

13. Prepare JUVENILE ARREST INVESTIGATION/PROBATION<br />

INTAKE REPORT WORKSHEET (PD277-151a).<br />

a. Attach hard copy of the FINEST System warrant investigation/juvenile<br />

recidivist check to court copy of JUVENILE ARREST<br />

INVESTIGATION/PROBATION INTAKE REPORT (PD277-<br />

151).<br />

14. Deliver all completed arrest documents including JUVENILE ARREST<br />

INVESTIGATION/PROBATION INTAKE REPORT to desk officer.<br />

DESK OFFICER 15. Review and sign all arrest documents including the JUVENILE<br />

ARREST INVESTIGATION/PROBATION INTAKE REPORT.<br />

16. Ensure that JUVENILE ARREST INVESTIGATION/PROBATION<br />

INTAKE REPORT is distributed as indicated on the form.<br />

17. Determine if juvenile can be released on personal recognizance (see P.G. 215-12).<br />

18. Ascertain if application will be made for personal recognizance.<br />

19. Have child NOT eligible for personal recognizance or for whom NO<br />

application for personal recognizance is made removed to Horizon Juvenile<br />

Center with a copy of ON LINE BOOKING SYSTEM ARREST<br />

WORKSHEET, COMPLAINT REPORT, if prepared, and<br />

JUVENILE ARREST INVESTIGATION/ PROBATION INTAKE<br />

REPORT (see ADDITIONAL DATA).<br />

NEW • YORK • CITY • POLICE • DEPARTMENT


<strong>PATROL</strong> <strong>GUIDE</strong><br />

PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:<br />

215-09 08/01/13 3 of 6<br />

DESK OFFICER<br />

(continued)<br />

NOTE<br />

ADDITIONAL<br />

DATA<br />

20. Do not transport juvenile with adult prisoner.<br />

21. Prepare arrest package containing the following forms;<br />

a. Copy of ON-LINE BOOKING SYSTEM ARREST<br />

WORKSHEET (PD244-159)<br />

b. BUFF copy APPEARANCE TICKET-FAMILY COURT<br />

c. Evidence/Release Investigation copy of appropriate PROPERTY<br />

CLERK INVOICE (PD521-141), if evidence is involved<br />

d. Copy of COMPLAINT REPORT (PD313-152), if finalized and<br />

signed-off. If not finalized and signed-off, the COMPLAINT<br />

REPORT WORKSHEET (PD313-152A) will be submitted<br />

e. AIDED REPORT WORKSHEET (PD304-152b), if prepared<br />

f. Copy of ACTIVITY LOG (PD112-145) entry<br />

g. JUVENILE ARREST INVESTIGATION/PROBATION<br />

INTAKE REPORT (PD277-151)<br />

(1) Distribute remaining copies to command youth officer,<br />

Youth Services Section, and juvenile detention facility, if<br />

juvenile is detained.<br />

h. Any other related arrest information including copies of arresting<br />

officer’s/investigator’s personal notes and hard copy of FINEST<br />

System warrant investigation/juvenile recidivist checks.<br />

In ALL cases of an arrest of a juvenile, other than a juvenile offender, the desk officer will ensure<br />

the above forms/reports are faxed to the respective borough Court Section (Attn: NYPD Family<br />

Court Liaison Officer) (see ADDITIONAL DATA statement for listing of liaison officers). During<br />

business hours, the Family Court Liaison Officer will be called to verify receipt of the above<br />

reports. During non-business hours, the fax transmittal receipt, indicating receipt of the above<br />

reports at the borough Court Section, will be obtained and attached to the court package.<br />

If the arresting officer is reporting to court on the day of arrest or the next day, he/she<br />

will bring all required forms/reports to borough Court Section sign-in room, in addition<br />

to faxing required forms/reports to the respective borough Court Section.<br />

If the juvenile is issued an APPEARANCE TICKET-FAMILY COURT, the desk officer<br />

will ensure that all required forms/reports are forwarded to the borough Court Section<br />

Family Court Liaison Officer in the next day’s a.m. mail, in addition to faxing required<br />

forms/reports to the respective borough Court Section.<br />

In those instances where the juvenile is removed to the Horizon Juvenile Center<br />

(juvenile detention facility), the desk officer will ensure that copies of the ON-LINE<br />

BOOKING ARREST WORKSHEET, COMPLAINT REPORT (if finalized and signed<br />

off) or COMPLAINT REPORT WORKSHEET if prepared, and the JUVENILE<br />

ARREST INVESTIGATION/PROBATION INTAKE REPORT are forwarded with the<br />

juvenile, in addition to faxing required reports/forms to the respective borough Court<br />

Section.<br />

NEW • YORK • CITY • POLICE • DEPARTMENT


<strong>PATROL</strong> <strong>GUIDE</strong><br />

PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:<br />

215-09 08/01/13 4 of 6<br />

ADDITIONAL<br />

DATA<br />

(continued)<br />

ARRESTING OFFICER/APPEARANCE IN FAMILY COURT<br />

JUVENILE DELINQUENT<br />

REMANDED (APPEARANCE TICKET-<br />

FAMILY COURT NOT ISSUED)<br />

FAMILY COURT<br />

APPEAR 0900 HOURS NEXT<br />

BUSINESS DAY<br />

RELEASED ON RECOGNIZANCE FOR<br />

DESIGNATED FELONY<br />

RELEASED ON RECOGNIZANCE FOR<br />

NON-DESIGNATED FELONY<br />

APPEAR 0900 HOURS NEXT<br />

BUSINESS DAY<br />

ARRESTING OFFICER EXCUSED<br />

Members will adhere to P.G. 215-23, “Court Processing of Arrests of Juvenile<br />

Delinquents on Weekends and Court Holidays” if an appearance at Family Court is<br />

requested on a weekend or court holiday and the borough Family Court is not in<br />

session.<br />

BOROUGH COURT SECTION FAMILY COURT LIAISONS<br />

BOROUGH<br />

ADDRESS<br />

MANHATTAN<br />

60 LAFAYETTE STREET<br />

BROOKLYN<br />

330 JAY STREET<br />

BRONX<br />

QUEENS<br />

STATEN ISLAND<br />

900 SHERIDAN AVENUE<br />

151-20 JAMAICA AVENUE<br />

100 RICHMOND TERRACE<br />

A person in need of supervision will NOT be taken into custody without a court order.<br />

A juvenile MAY NOT be questioned concerning criminal activity until the juvenile and<br />

the parent/guardian are advised and understand the juvenile’s constitutional rights.<br />

Miranda warnings will be read to the juvenile utilizing MIRANDA WARNINGS FOR<br />

JUVENILE INTERROGATIONS (PD244-1413). MIRANDA WARNINGS FOR<br />

JUVENILE INTERROGATIONS should be read while the parent/guardian is present. The<br />

juvenile may be questioned if he/she waives the Miranda rights in the presence of the<br />

parent/guardian. The parent/guardian does not have to separately waive the Miranda rights; they<br />

only need to be advised of such rights. However, if the parent/guardian objects to the questioning<br />

or requests an attorney for the juvenile, no questioning should occur even if the juvenile is willing to<br />

answer questions.<br />

Precinct Detective Squad/Burglary/Robbery Apprehension Modules will enhance any<br />

case made against a violent youth offender. They will identify, locate, and apprehend<br />

any accomplices in gun-related cases or acts of violence.<br />

NEW • YORK • CITY • POLICE • DEPARTMENT


<strong>PATROL</strong> <strong>GUIDE</strong><br />

PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:<br />

215-09 08/01/13 5 of 6<br />

ADDITIONAL<br />

DATA<br />

(continued)<br />

When it becomes necessary to deliver a juvenile to the Horizon Juvenile Center, the<br />

arresting/assigned officer, in an effort to expedite the intake process, MUST contact the<br />

Admissions Unit PRIOR to delivering the juvenile, and provide them with the juvenile’s<br />

name, address, date of birth, and mother’s name.<br />

The juvenile’s statement as to age may be in conflict with the records maintained at the<br />

Horizon Juvenile Center. To resolve any differences regarding the age of the juvenile,<br />

arresting/assigned officer shall ask to examine the following primary reference<br />

documents maintained at the Horizon Juvenile Center:<br />

a. Family Court - Remand Order Form C-23B<br />

b. Family Court - Order Directing Detention of Respondent Form 3-11<br />

c. Criminal Court - Securing Order Form 299<br />

d. Supreme Court - Securing Order Form 299.<br />

File folders may also contain photographs of the juvenile and will be made available for<br />

examination.<br />

When there are no court records on file at the Horizon Juvenile Center, or available<br />

records are inconclusive regarding the age of the juvenile, Horizon Juvenile Center<br />

officials will accept delivery of the juvenile for detention.<br />

Should the court records at the Horizon Juvenile Center establish that the juvenile was<br />

sixteen years of age or older at the time the offense was COMMITTED, he/she will be<br />

returned to the borough Court Section facility, borough of arrest, for processing as an<br />

adult.<br />

If there is a civilian complainant, the arresting officer will inform such complainant that his/her<br />

presence is required at Family Court, Probation Intake Area, regardless of whether or not a<br />

Supporting Deposition was prepared. In addition, in all juvenile delinquent arrest cases, the<br />

arresting officer will provide the complainant with a copy of completed form, JUVENILE<br />

DELINQUENT ARREST COMPLAINANT’S NOTIFICATION TO APPEAR (PD277-120).<br />

THIS PROCEDURE DOES NOT APPLY TO JUVENILES TAKEN INTO CUSTODY AND<br />

CHARGED AS JUVENILE OFFENDERS (SEE P.G. 215-10 “ARRESTS OF JUVENILE<br />

OFFENDER”).<br />

RELATED<br />

PROCEDURES<br />

Photographable Offenses (P.G. 208-07)<br />

Fingerprintable and Palmprintable Offenses (P.G. 208-08)<br />

Rights Of Persons Taken Into Custody (P.G. 208-09)<br />

Arrest Processing - “Livescan” Fingerprinting and Palmprinting (P.G. 208-11)<br />

Arrests - License Checks, Warrant Name Checks and Notifications to the Organized<br />

Crime Control Bureau Field Operations Desk (P.G. 208-21)<br />

Truants (P.G. 215-07)<br />

On-Line Juvenile Report System (P.G. 215-08)<br />

Arrests Of Juvenile Offenders (P.G. 215-10)<br />

Personal Recognizance - Juvenile Delinquent (P.G. 215-12)<br />

Utilization of the Juvenile Desk (P.G. 215-21)<br />

Court Processing of Arrests of Juvenile Delinquents on Weekends and Court Holidays<br />

(P.G. 215-23)<br />

NEW • YORK • CITY • POLICE • DEPARTMENT


<strong>PATROL</strong> <strong>GUIDE</strong><br />

PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:<br />

215-09 08/01/13 6 of 6<br />

FORMS AND<br />

REPORTS<br />

JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT (PD277-151)<br />

JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT WORKSHEET<br />

(PD277-151a)<br />

JUVENILE DELINQUENT ARREST COMPLAINANT’S NOTIFICATION TO<br />

APPEAR (PD277-120)<br />

JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A)<br />

ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)<br />

COMPLAINT REPORT(PD313-152)<br />

COMPLAINT REPORT WORKSHEET (PD313-152A)<br />

MIRANDA WARNINGS FOR JUVENILE INTERROGATIONS (PD244-1413)<br />

PROPERTY CLERK INVOICE (PD521-141)<br />

NEW • YORK • CITY • POLICE • DEPARTMENT

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