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ADMINISTRATIVE ORDER NO. 5.500
Inasmuch as 39.047, Fla. Stats. (1995) provides that during the delinquency intake process, the juvenile justice intake counselor shall screen each child to determine if the child is appropriate for referral to nonofficial, nonjudicial programs such as teen court and since it is in the best interest of the citizens of Alachua County to have a judicially monitored teen court program and the Alachua County Commission has approved funding to support such a program, it is therefore,
ORDERED that,
A Teen Court Coordinator will administer Teen Court in Alachua County to serve the needs of the citizens under the authority and with approval of the Chief Judge of the Eighth Judicial Circuit. The purpose of Teen Court is to provide a nonjudicial, diversionary program for children under 18 years who have been charged with a misdemeanor offense and have been referred to Teen Court by the State Attorney's office. The following procedures are required for Teen Court in Alachua County:
1. To participate in the Teen Court diversionary process a child must be under 18 years old, charged with a misdemeanor offense, and have no prior offenses as determined by a state wide screening process which is carried out by the Department of Juvenile Justice.
2. Only children who have been screened by the Department of Juvenile Justice and subsequently referred to Teen Court by the Office of the State Attorney shall be eligible for the Teen Court process.
3. To be accepted for Teen Court the juvenile referred must be willing to admit to guilt for the offense charged and the juvenile and the juvenile's parent or guardian must sign a waiver of right to a speedy trial.
4. The referred juvenile and the juvenile's parent or guardian must sign a Teen Court Contract/Agreement with the Teen Court Coordinator in which the juvenile agrees to the terms and conditions of participation in the Teen Court diversionary process. Such terms and conditions may be amended from time to time by the Teen Court Coordinator with the approval of the Chief Judge of the Eighth Judicial Circuit.
5. The Teen Court jury, defense counsel and prosecution shall be made up of juvenile peers age 18 or younger. The process will not determine guilt or innocence inasmuch as the defendant is required to admit guilt to participate. The jury will recommend to the judge the appropriate sanctions for the offense committed in each case after hearing the presentations of defense counsel, the prosecution, and testimony from the defendant. The volunteers acting as attorneys in the case, as well as the jurors, shall sign an oath of confidentiality prior to participating in the case.
6. The judge for Teen Court proceedings will be a county or circuit judge or a member of the Florida Bar. Members of the Florida Bar must be approved by the Chief Judge of the circuit in order to sit as Teen Court Judge.
7. If the offender does not complete the sentence imposed or rejects sentencing by the jury, they will be referred back to the State Attorney's Office for appropriate further action.
8. Teen Court proceedings will be held in the Alachua County Courthouse. Transportation of juvenile offenders and participants, to and from Teen Court, will be provided or arranged by their parents or guardian.
9. Teen Court sanctions may include but are not limited to any one or more of the following: tour of the Alachua County Jail; an essay; a letter of apology; curfew; participation on the teen jury; counseling; and drug testing. The offender may be prohibited from association with any co-defendant and must be attending school regularly. The sanctions available may be changed from time to time by the Teen Court Coordinator with approval of the Chief Judge.
10. Juveniles who enter guilty pleas in Traffic Court for the offenses of driving without a license and violation of drivers license restrictions may be sentenced to specific Teen Court sanctions in lieu of a fine when deemed appropriate by the court. The Teen Court Coordinator will provided a standard sentence as approved by the Chief Judge and the Administrative Judge of County Court. The Teen Court Coordinator will be responsible for monitoring the compliance of the juvenile with the Teen Court sanctions imposed. Non-compliance will be reported to the senctencing judge. Juveniles referred from traffic court for sentencing will not participate in the Teen Court process as defendants.
ORDERED on October 28, 1996.
/Signed
ROBERT P. CATES, CHIEF JUDGE