Definition of Technical Violations in Juvenile Justice
Juvenile offenders who have been placed on structured community supervision must fulfill stringent parole or probation conditions of release. A defendant who violates one or more of these conditions is said to be in technical violation of his release, as opposed to a defendant who commits a new crime. An offender who commits a new crime not only faces new charges, but is also in violation of his release.
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Significance
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If a defendant commits a technical violation, the supervising parole or probation officer will make a sentencing recommendation to the judge who then determines the final sentence. Technical violations generally result in a less severe sentence than violations involving the commission of a new crime. During sentencing, the judge usually again impresses upon the juvenile the seriousness of her actions and the resulting consequences that could ensue should she choose to violate her conditions of release.
Function
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A probation officer will file a technical violation if one or more intervention strategies have failed with the offender. For example, if the offender violated curfew the previous Saturday night, the probation officer will discuss the youth's inappropriate behavior with him. Should that fail, the probation officer may more sternly warn the offender or enlist parental involvement. Technical violations demonstrate the seriousness of the courts regarding compliance with conditions of release.
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Types
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Common technical violations of conditions of release include failure to attend school or counseling; failure to pay court fees; failure to abide by curfew; failure to pass a drug or alcohol test; and association with other criminal offenders. Probation or parole officers do not look for reasons to submit violation paperwork, but attempt to assist the juvenile in completing community supervision successfully. However, flagrant and repeated technical violations usually result in the return of the offender to court.
Considerations
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Most juvenile offenders find it very difficult to complete a community supervision term without committing at least one technical violation. Court fees must be paid on the first day of each month--even one day late is a technical violation. Any type of curfew violation--even five minutes late when the offender was with parents or court approved guardians--is also a technical violation. The officer must discern which offenders are truly at risk to themselves or the community.
Outcome
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A juvenile offender can almost always be sentenced to detention if he commits a technical violation. However, the judge usually imposes an intermediate sanction as a wake-up call to the defendant. These include a range of sentencing options including: a longer supervision term, placement on intensive supervision, closer monitoring of the defendant and mandated court counseling.
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References
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