JUVENILE CURFEW ENFORCEMENT Model Policy Effective Date October 1, 1992 Number Subject Juvenile Curfew Enforcement Reference Special Instructions Distribution Reevaluation Date No. Pages 2 I. PURPOSE It is the purpose of this policy to provide officers with guidance for the enforcement of this jurisdiction's curfew ordinance. II. POLICY If curfew laws are to be effective, they must be enforced in a consistent, fair and uniform manner. In addition, to be properly evaluated, enforcement actions must be fully documented. To these and related ends, law enforcement officers shall follow the procedures outlined below when enforcing curfew violations. III. PROCEDURES A. Confronting Potential Violators Upon observation of a juvenile who is in possible violation of the curfew ordinance, an officer should take the following steps: 1. Request the juvenile's name, age, date of birth and address and, if necessary, provide the dispatcher with the location of the potential violation, the number of persons involved and their identity or physical description. 2. Should the individual be in violation of curfew restrictions, ascertain why the youth is out, where he has been and where he is going. 3. Inform the individual that he is in violation of the curfew ordinance. 4. Determine from communications whether the individual has outstanding warrants and, if possible, whether he has been previously cited for curfew violations. 5. If the individual has two prior curfew violations, particular consideration should be given to arrest as an alternative within the guidelines of this policy. 6. In all cases where a curfew violation has been identified, the officer shall complete the appropriate departmental record of the violation. B. Enforcement Options When a curfew violation has been identified, an officer may use reasonable discretion in determining an appropriate course of action. These options include directing the juvenile to proceed directly home, transporting the juvenile home, or arrest and detention of the juvenile until his parents or guardian can be reached for pickup. 1. Directing a violator to proceed directly home is normally warranted for a. first offenses; b. when the circumstances of the violation suggest a reasonable attempt on the part of the juvenile to conform with the law; or c. when the officer feels that the individual will proceed home as directed. 2. If directed to proceed directly home, the officer shall present a copy of the violation to the youth and provide counseling on the purpose and intent of the curfew ordinance and the potential police response to future violations. 3. Transporting the juvenile home is normally warranted when a. the juvenile has more than one curfew violation; b. when there are indications that the juvenile has purposely ignored the law; c. when the officer has suspicion that the juvenile will not proceed home; d. when the officer feels that he needs to make personal contact with the youth's parents or guardian; or e. when there is a question concerning the whereabouts of the parents or their ability to provide proper supervision for or control of their child. (Note: In this case, arrest and referral to juvenile authorities may be a reasonable and prudent option.) 4. When the juvenile is transported home, the parent or responsible adult should be contacted, informed of the specific circumstances of the violation, the nature and purpose of the law and potential consequences of future violations. A copy of the violation should be served the parent or guardian, who should sign the original. Unwillingness of the parent or guardian to sign shall be noted on the violation or warning notice. 5. Arrest and detention of a curfew law violator should normally be made when the youth has two or more prior curfew violations or when, for example, a. the officer has knowledge of the juvenile's past delinquent or criminal history that demonstrates a pattern of disregard for the law, or b. when the circumstances of the offense, such as the time and location of the violation, provides reasonable suspicion of intent to commit additional delinquent or criminal acts. 6. Officers may use their discretion concerning arrest upon any violation. In all cases, officers should clearly specify the basis for their arrest decision. 7. When a juvenile is arrested, he shall be transported to the appropriate holding area where his parents or guardian will be contacted as soon as possible for pickup. Such detention shall conform with this department's policy on legal detention of juveniles in terms of length, location of detention and nature of security used. The parent or responsible adult shall be provided the same information and notice of violation as provided in item III-B-4 of this policy. 8. If the juvenile's parents or guardian cannot be contacted within the prescribed period of time allowed for such detention, the youth shall be transported to this jurisdiction's juvenile care facility. The officer's report on the incident shall indicate the juvenile authority's final disposition of the case. C. Reporting and Follow-up Requirements To adequately evaluate the effectiveness of the curfew ordinance and its impact on crime in this community and to provide information for the tracking of curfew violators, it is essential that the following reporting and follow-up activities be performed: 1. All officers shall submit a report of a curfew violation in which a citation has been issued or a juvenile taken into custody. The report shall detail the name and place of residence of the violator, the time, place and circumstances surrounding the violation; actions taken by the officer with respect to the violator; any citations or warnings issued to the juvenile, parents or guardians; the final disposition of the incident; and any other pertinent information. 2. Shift supervisors shall review all curfew reports for completeness and shall use this information as necessary to identify current or potential problem areas or individuals on their watch. 3. The juvenile unit shall ensure that a notice of violation is forwarded via first class mail to any parent or guardian who was not personally served with such notice by the arresting or reporting officer. In addition, the juvenile division shall a. use these reports as appropriate to identify current or potential juvenile problem areas such as common locations and/or establishments where violations are frequently taking place; and b. where identified, take such action necessary to fully inform proprietors or others of their responsibility to discourage and to report such violations. 4. The central records unit shall be responsible for the proper filing of curfew violation reports and shall, at the direction of the chief executive officer or his designee, develop such statistical reports on enforcement actions or other matters as may be required. This project was supported by Grant No. 87-SN-CX-KO77 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. The Assistant Attorney General, Office of Justice Programs, coordinates the activities of the following program offices and bureaus: the Bureau of Justice Assistance, the Bureau of Justice Statistics, National Institute of Justice, Office of Juvenile and Delinquency Prevention, and the Office of Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice. Every effort has been made by the IACP National Law Enforcement Policy Center staff and advisory board to ensure that this model policy incorporates the most current information and contemporary professional judgment on this issue. However, law enforcement administrators should be cautioned that no "model" policy can meet all the needs of any given law enforcement agency. Each law enforcement agency operates in a unique environment of federal court rulings, state laws, local ordinances, regulations, judicial and administrative decisions and collective bargaining agreements that must be considered. In addition, the formulation of specific agency policies must take into account local political and community perspectives and customs, prerogatives and demands; often divergent law enforcement strategies and philosophies, and the impact of varied agency resource capabilities among other factors.