MA Courts, Probation and the
Department of Youth Services (DYS)

The Juvenile Court Process
A juvenile is a youth who has become court involved because he or she has been accused of breaking the law. The age for a juvenile varies from state to state. In Massachusetts, a juvenile is a youth between the ages of 7 and 17. On a youth's 17th birthday, he or she is no longer considered a juvenile and if charged with a crime, he or she will be tried as an adult in the adult court system. There are three ways that juveniles can be prosecuted:

1. Delinquency Cases
   Juveniles charged with crimes can be prosecuted in juvenile court as delinquents. The maximum punishment in a delinquency case is a commitment to the state's juvenile justice agency, the Department of Youth Services, to age 18. A juvenile who is found delinquent can be placed on probation (except in gun cases). Click here to see the trial route for a delinquency case.
   
   
2. Youthful Offender Cases
   On October 1, 1996, a Youthful Offender Law was enacted in Massachusetts. This law states that you can be prosecuted as a Youthful Offender if you are between the ages of 14 and 17 and charged with a felony (a serious crime) and you fit into one of these 3 categories:
   • you are already committed to the Department of Youth Services (DYS);
   • you are charged with a crime that involves the "infliction or threat of serious bodily harm"; or
   • you are charged with a firearm offense.
   Juveniles convicted as Youthful Offenders can receive adult prison or House of Correction sentences, a commitment to the Department of Youth Services (DYS) to age 21 or a combination of a commitment to DYS to age 21 and a suspended adult sentence. Click here to see the trial process for a youthful offender case.
   
   
3. Murder Cases
   Juveniles between 14 and 17 years old charged with murder are prosecuted in adult Superior Court. A person found guilty of first-degree murder will be sentenced to life without parole in state prison. A person found guilty of second-degree murder will be sentenced to life in state prison with parole eligibility after 15 years. Juveniles under the age of 14 who are charged with murder will be prosecuted in juvenile court.

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Consequences of Court Involvement
There are many potential consequences to a juvenile or criminal prosecution. Some of the major potential consequences include: deportation, school expulsion, eviction from public housing (this could apply to the entire family), loss of driver's license, loss of educational and employment opportunities, registration as a sex offender, and loss of voting rights. These are possible consequences and do not apply to all cases. Anyone who has a case pending should ask their lawyer if these or other collateral consequences might apply to them.

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Arraignment
Your child's first day in court is for arraignment and bail hearing. The purpose of the arraignment is to tell your child what he or she is charged with. At that time a plea of not guilty is made on your child's behalf. The judge then decides whether to release your child to you or to set bail, which you can pay in order to bring your child home. The judge makes this decision after the prosecuting attorney, your child's lawyer, and the probation officer make recommendations on whether a bail is necessary, and if so, how much bail is appropriate. If your child has an open case and is held on bail, or if you cannot pay bail. He or she will be held at a detention unit that is operated by the Department of Youth Services (DYS). While held there, he or she will have access to medical and educational services. There are also clinicians/caseworkers who may check in with your child. You should call the facility to get information on visiting times and rules.

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Department of Youth Services
The Department of Youth Services is the juvenile justice agency in Massachusetts. DYS is divided into four regions: Metro, Central, Southeastern, and Western. Each region is divided into teams, organized by neighborhood, consisting of a Casework Manager and Caseworkers. A child's assignment to a Caseworker is based on the neighborhood in which he or she resides. DYS has opened community offices in most neighborhoods.

When a child is "committed" to DYS, it means that he or she is accountable to DYS until he or she reaches 18 if he or she is charged as a delinquent, or 21 if he or she is charged as a Youthful Offender (Click Here for the definition of a Youthful Offender). It does not mean that the child will be in the physical custody of DYS for that entire period of time. You will maintain legal custody of your child. A committed youth will go to a residential or secure (locked) program for a period of time determined by DYS and may eventually live at home with DYS rules. Your child and his DYS community caseworker will sign a contract called a Grant of Conditional Liberty (GCL). If he or she violates any of these rules, DYS can take your child back into their physical custody.

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Probation
While your child is on probation, he or she will be assigned a probation officer ("PO") who will regularly check on how your child is doing at school and at home. The PO will interview both you and your child. Keep in mind that the PO may talk to the judge or others about your child. Therefore, you should be careful about what information you share with the PO since it is not a confidential conversation. When your child is on probation, he or she has to follow rules that a judge has set. Your child must follow these rules to show the judge that more serious steps do not need to be taken to help your child stay out of trouble with the law. Usually, the judge will set conditions like:

• do not get arrested again
• go to school (or to work) on time every day
• obey the rules of wherever you are living
• report to a probation officer or program
• pay money, if you stole or damaged property
• follow the conditions of your curfew

For more information on the juvenile justice system, contact the Youth Advocacy Project or the Department of Youth Services.

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