A person between the ages of seven and eighteen charged with a criminal offense is considered a juvenile. He or she will be prosecuted in one of the five juvenile courts for the Cape & Islands District (Martha’s Vineyard, Falmouth, Barnstable, Orleans and Nantucket). An individual who is eighteen or older is considered an adult. Criminal matters for adults are handled in District Court or Superior Court.
A juvenile may be prosecuted as a Youthful Offender which allows the judge to sentence the individual as a juvenile or as an adult. A person can be considered a Youthful Offender if he or she committed the offense between the ages of fourteen and eighteen. Also the offense must be considered a felony, a crime that would be punishable by imprisonment in state prison if committed by an adult, and the juvenile must have:
- been previously committed to the department of youth services, or
- committed an offense that involves the infliction or threat of serious bodily harm, or
- violated certain firearm statutes.
In order for a juvenile case to be prosecuted as a Youthful Offender, the case must be presented to a Grand Jury for indictment. A Grand Jury is a twenty-three person panel that listens to evidence presented by the prosecutor and decides whether there is sufficient evidence to issue the indictment. Once an indictment is returned, the case proceeds in Juvenile Court. Youthful Offender cases are open to the public. The judge has a wider range of sentencing options such as DYS (Department of Youth Services) commitment until the youth’s twenty-first birthday or any sentence permitted by law in the adult court.
Alternative Programs
District Attorney's Juvenile Diversion Program
First-time non-violent offenders may qualify to participate in the Cape and Islands District Attorney’s Juvenile Diversion Program. This program focuses on holding juveniles accountable for their actions by mandated community service. Participants are referred by local police departments, juvenile probation, clerk magistrates, and school personnel. The juvenile must meet certain criteria to participate, including having no prior criminal record and a willingness to complete all requirements of the program.
The juvenile and parent must sign a contract agreeing to perform community service, complete an online evidence based educational course, remain drug and alcohol free, submit to random urine testing, counseling (if appropriate), and payment of restitution. Each juvenile is supervised by a caseworker over a period of six months. If the juvenile successfully completes the requirements of the individualized program, the complaint is dismissed, and there will be no criminal record. If the juvenile does not complete the program, his or her case will proceed to arraignment in the Juvenile Court.
For more information please click on the following link:
https://edit.mass.gov/info-details/juvenile-diversion
Barnstable County Sheriff's Office Youth Programs
Sheriff’s Youth Ranch- The 13-acre town-owned Sheriff’s Youth Ranch is home to many programs operated by the Barnstable County Sheriff’s Office.
Youth Academy- the Barnstable County Sheriff’s Youth Academy is a collaborative effort bringing together specially trained staff from correctional, educational, police and treatment facilities to provide a supportive environment in which Barnstable County youth between the ages of 12 and 16 can develop pro-social skills and increased resiliency.
Specifically, the Youth Academy is committed to helping youth achieve important physical, emotional and intellectual developmental goals. The focus is on self-control, respect, teamwork, integrity, communication, and decision-making skills. The Youth Academy operates during the summer. It runs four (4) consecutive weeks. The hours of operation are 8:30am to 1:00 p.m. A typical day at the Youth Academy consists of physical fitness training, “march and drill” exercises, classroom activities, and other personal development learning experiences. Guest speakers include: U.S. Marine Corps, U.S. Army, F.B.I., Barnstable County Fire Training Division, Barnstable Police Department, and Barnstable County Sheriff’s Office staff.
B.A.R.S. Program (Bring Awareness & Reality to Students)
The purpose of the B.A.R.S program is to expose youth to the consequences of crime and the harsh realities of prison life. Students are brought into the Barnstable County Correctional Facility for a tour of the facility. A uniformed officer explains the day-to-day living conditions and operation of the facility. The tour ends in the Shock Unit, a military style substance abuse treatment program, and students have the opportunity to direct questions to Shock Unit “community members”. The program is designed to eliminate the false impressions of jail life being “macho” or “cool” in any way. Listening to inmates speak about their life choices helps students consider the choices they must make on a daily basis.
The B.A.R.S. "extended" program brings a corrections officer and inmates directly into the schools to discuss alcohol and other drugs, violence, and crime. The importance of education and positive influences are emphasized as major factors in enabling young people to make responsible, healthy choices. Students are invited to ask questions to staff and inmates. The program includes a prison tour and conversation with prison inmates. Participants learn about the realities of prison life and the life choices the prisoners made that resulted in their ultimate incarceration. Staff and inmates help participants identify and change delinquent behaviors.
A juvenile can be referred to the program by the school, police, courts or the District Attorney’s Office.
For more information on the Sheriff’s program please click on the following link:
http://www.bsheriff.net/community_relations.html
Choices And Consequences- Coming Soon
This seminar is a prevention and intervention program which is a coordinated effort between District Attorney’s Office and the probation department. Each 2 1/2-hour seminar includes powerful speakers who have experienced firsthand the effects of substance abuse, underage drinking and driving. An inmate from the Barnstable House of Correction who is serving time for a drug or alcohol related offense may also speak to the participants.
Changing Lives through Literature
A program coordinated with the Juvenile Judge, Probation and Community Resources:
"At the heart of the Changing Lives philosophy is the notion that literature, one of the great common denominators of the human experience, has the power to affect our thoughts and behavior...we can recognize ourselves and others in the characters of great books, and in so doing gain much-needed understanding about who we are and who we want to be—in our most private thoughts and in the relationships and actions that link us to others.”
The State Courts Against Road Rage (SCARR)
The State Courts Against Road Rage (SCARR) course was developed to educate younger drivers charged with serious motor vehicle violations. SCARR is intended to:
- Make students face the driving behaviors that got them into the class and discuss how they will change that behavior
- Make them understand the possible serious consequences involved with irresponsible and dangerous driving
- Educate them on how to handle and prevent dangerous driving scenarios
Reasons for Completing SCARR:
A Massachusetts JOL License or Permit holder that commits certain categories of motor vehicle violations is required under law to complete the SCARR program. Drivers may also be mandated to complete SCARR as assigned by a specific court.