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| Frequently Asked Questions
What is meant by “School Violence”? This is a broad phrase that can cover a wide range of behavior. For purposes of the King County School Violence Program, however, "school violence" generally includes seven types of offenses that occur at school (or school events, or on school transportation), during school hours (or during the hours of school transportation or a school-related activity), and that impact the school environment. Depending on the circumstances, an incident that happens away from school premises or school transportation may be included within this program if the incident happens within a reasonable distance and within a short period of time from the school setting or school activity; if it is directly related to the school relationship between the parties; and if the incident is likely to have a detrimental impact on the school environment. The seven types of offenses within the scope of the program are listed below and each listed offense links to the appropriate RCW:
While other offenses at school are still reviewed by the Juvenile Section of the King County Prosecutor’s Office, the school violence program does not generally include the following:
How can the School Violence Program benefit schools and law enforcement officers assigned to schools? The King County School Violence Program provides several benefits to schools, law enforcement officers, and the community as a whole. First, the SVP recognizes that both school officials and law enforcement officers have a public responsibility to understand and act within the framework of constitutional protections. The United States Supreme Court and the Washington Supreme Court have both acknowledged that school officials (such as school administrators, staff, and school security) are government agents—no less than police officers—and are bound by constitutional principals regarding searches of students. The school setting is a unique context for search and seizure issues, and school officials are given greater leeway to conduct such searches within the school context. Nevertheless, school officials investigating violations of the law or school rules should understand the proper standards for such searches and act accordingly. The SVP not only encourages that practice but also provides the information and training to school resource officers, school security officers, and school administrators on the applicable school law and constitutional principles so that searches are conducted in a permissible manner. In turn, proper search, seizure, and interview techniques in the school context has a practical benefit as well. Rehabilitation of youth and the protection of the community often involves teaching the juvenile that anti-social behavior leads to consequences. Where searches or interviews are conducted improperly, school officials and law enforcement risk more than just civil liability. They may also be frustrated in their attempts to hold youth accountable and send a clear message to the school community, since the evidence of improper searches or interviews is often inadmissible in criminal or civil proceedings. On the other hand, a properly conducted search can be the first step toward some measure of accountability for the offense committed. The SVP also provides assistance to schools with either immediate or more long-term school safety concerns. The SVP coordinator is available by phone or email to discuss factual scenarios, legal questions, or to provide a school with information about a student’s pending offenses as permitted under RCW 13.50.050*. Finally, the SVP promotes networking and sharing ideas, problems, solutions, and strategies among school safety practitioners. School security, school administrators, SRO’s, truancy specialists, and even school district attorneys are encouraged to participate in electronic discussion groups, trainings, conferences, and meetings that the SVP helps to arrange and promote. SVP can also act as a court liaison with these groups, helping to provide advice or information consistent with the provisions that allow juvenile justice or care agencies to exchange information concerning the investigation or prosecution of a juvenile. What happens after a school offense is reported to law enforcement? When a youth is out of custody (not booked into the Youth Service Center) The prosecutor may find the case “sufficient,” “insufficient,” or return the case for more information to the investigating police agency before a decision can be made. A case that is “insufficient” is generally one where legal or factual deficiencies prevent the prosecutor from filing a charge. Occasionally, a school violence case involving young offenders may be so deminimis in nature that the incident is returned to be addressed by school-imposed discipline. If, however, the case is not eligible for diversion, or if the case has been returned for any reason from the diversion unit to the prosecutor (such as a failure to complete the obligations as promised), the matter is filed in court, i.e., the Juvenile Division of the King County Superior Court. Within two weeks of filing, the court schedules a juvenile for arraignment. Arraignment is the formal time that a person accused is notified of the charges which they are facing. A juvenile at this time will be referred to as a respondent, instead of the term “defendant” used in adult court. Unlike adult defendants, a juvenile respondent in King County who comes to arraignment will already have an assigned public defender, and the attorney should have some familiarity with the case. Even if a juvenile respondent wants to plead guilty, a judge will be reluctant to allow a plea at this early stage of the proceeding. The court will likely enter a plea of “not guilty’ at arraignment. The next step is called different things in different jurisdictions. In King County Juvenile Court, the next appearance is the case setting hearing. This appearance is really not a “hearing” in the sense that the parties do not usually go in front of a court. The “hearing” is a time when a juvenile respondent decides what he or she is going to do, e.g., whether the respondent will plead guilty, whether the respondent will choose a fact finding (trial), or whether the respondent will choose an alternative resolution for which he or she is eligible, which might include a deferred disposition, drug court, treatment court, a chemical dependency disposition alternative (CDDA), or a mental health disposition alternative. The respondent might also ask to continue the hearing for more time to investigate or negotiate the case. If a juvenile chooses to proceed with a fact finding, or trial, the case will be assigned to a courtroom. Witnesses are called and evidence is introduced in the same manner as with an adult trial. The only difference is that there is no jury—the judge renders the decision. If the juvenile respondent is found not guilty, the matter is over. If the respondent is found guilty, the case will move to disposition, or sentencing. The disposition may occur that day, or in more complex cases or with more complex issues the disposition may be continued to another date. Dispositions usually fall into two categories: local sanction dispositions or a Juvenile Rehabilitation Administration (JRA) commitment. If the offense is a local sanction offense, the court can impose a sentence anywhere within a range on four different categories: community supervision, or probation (0-12 months); community service hours (0-150 hours); a monetary fine (0-$500); and detention (0-30 days). “Detention” can mean secured detention in the local juvenile facility (in King County, for example, the Youth Service Center at 12th and Alder Streets in Seattle), or may mean an alternative to secured detention (ASD), such as work crew, day reporting, electronic home monitoring, etc. As a condition of the disposition order, the court may order a period of community supervision, or probation. If the court does so, the juvenile will be under the authority of the court for the period of supervision. The juvenile will be assigned a juvenile probation counselor to monitor his or her compliance with the conditions of the disposition order. When a youth is taken into custody at the Youth Service Center If charges are filed within the 72 hour period, the juvenile will be brought before the court the following business day for a second appearance, at which time the court will arraign the juvenile on his or her charges. The court may also consider once again whether to retain the juvenile in custody or to release the juvenile on conditions. If the youth is released from custody at his arraignment, speedy trial is 60 days from the time of arraignment. The next hearing—the case setting hearing—will be set approximately two weeks from the arraignment. If the youth is kept in detention, the case setting hearing will be one week from the arraignment, and speedy trial will expire 30 days from the date of arraignment. Top of Page ^ What is Diversion? What type of security do schools have? If you have questions about the model of security employed in your King County school district, go to School District Links, click on your district, and discover contact information so that you can ask the district directly. Is a juvenile offense or conviction confidential? How can I learn more about what's happening with Washington State security and school resource officers? For school security officers, School Resource Officers, or other interested school safety participants who wish to keep in touch with trainings, resources, and other information, you are invited to participate in a group email loop across Washington state. Here are the instructions for becoming a subscriber to this discussion group: A new participant can email the following address to sign up: SRO-subscribe@yahoogroups.com OR go to http://groups.yahoo.com/group/SRO/ and follow the instructions. For questions about this email loop, contact Lisa Goines, Tukwila PD SRO or call 206-433-1808. Please feel free to contact the School Violence Program with questions or comments through the coordinating Deputy Prosecutor information listed below: LEAH TAGUBA * External Link Dated: January 18, 2008 |
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