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YSC, Title 11. Crimes & Punishment |
Chapter 12:
Juveniles
§1201. Short title.
§1202.
Purpose.
§1203. Definitions.
§1204. Parents' control and duties.
§1205. Juvenile curfew.
§1206. Proceedings against delinquent child.
§1207. Flexible procedures by courts.
§1208. Penalty; confinement; and custody.
§1209. Orders for persons encouraging, causing, or contributing to delinquency.
§1210.
Severability.
This chapter shall be known and may be cited as the "State Juveniles Act".
Source: YSL 2-86 §1, modified.
The purpose of this chapter is to provide a way to deal with the problems caused by juveniles, taking into consideration the special needs of juveniles, and balancing these needs against the public interest in controlling youthful offenders.
Source: YSL 2-86 §2, modified.
For the purposes of this chapter, the following terms shall have the meaning indicated below:
(a) "Minor" means any person under the age of eighteen.
(b) "Delinquent child" shall mean any minor:
(1) Who violates any State or Federated States of Micronesia law, excluding any traffic law or regulation;
(2) Who without cause runs away from his parental home or other properly authorized and lawful place of abode;
(3) Who is beyond the control of his parents, guardian or other custodian;
(4) Who has been habitually truant or, while in school, has been continuously and overtly defiant of school rules and regulations;
(5) Who has violated any lawful order of the Yap State Court or the Federated States of Micronesia Supreme Court; or
(6) Who conducts himself so as to injure or endanger the morals or health of himself or others.
Source: YSL 2-86 §3, modified.
Parents or, in case they are both deceased, legally appointed guardians, or persons who have authority over such minor children under custom and tradition, shall have control over the conduct and education of their minor children, within the bounds of the law. All parents and guardians or such other persons shall provide, to the best of their abilities, for the discipline, support, and education of their children.
Source: YSL 2-86 §4, modified.
Any child under 18 years of age, who, except in the case of necessity, goes or remains on any public street or public place after ten o'clock in the evening and before six o'clock in the morning, unaccompanied by either a parent or guardian, or an adult person duly authorized by a parent or guardian to accompany the child, shall be in violation of curfew.
Source: YSL 2-86 §5, modified.
The Office of the Attorney General may initiate proceedings in the trial division of the State Court against a person under 18 years of age to have that person found to be a delinquent child, as defined by section 1203 of this chapter. This proceeding shall be conducted in the nature of a civil proceeding and in compliance with the following requirements:
(a) Notice to parents or guardian that minor has been taken into custody whether or not the minor has been charged;
(b) Written notice of the specific charge or factual allegations given to the child and his parents or guardian sufficiently in advance of the hearing to permit preparation;
(c) Notification to the child and his parents or guardian of the child's right to counsel;
(d)
Advising the child and his parents or guardian, by the court, of the
child's right against self-incrimination;
(e) Access to social records and probation or similar reports; and
(f) Presence of the child's parents or guardian throughout the proceedings. An adjudication that a person is a delinquent child shall not constitute a criminal conviction. An adjudication in delinquent child proceedings and all orders in connection with such adjudication shall be subject to appeal as in civil actions, except that no filing fees shall be required.
Source: YSL 2-86 §6, modified.
Cross-reference: The statutory provisions on the Attorney General are found in Title 3 on the Executive of this Code. The statutory provisions on the Judiciary are found in Title 4 of this Code.
(a) In cases involving offenders under 18 years of age, courts shall apply flexible procedures, including insofar as practicable the following measures:
(1) Report by a welfare
or probation officer in advance of trial;
(2) Detention, where necessary,
apart from adult offenders;
(3) Hearing informally in closed
session;
(4) Interrogation of parents or
guardians and release in their custody if
appropriate.
(b) In cases involving a minor 16 years of age or over who is charged with an offense which would amount to a felony in the case of an adult, courts may certify the minor to be tried as an adult provided, that: the minor is granted a hearing to determine whether or not to treat him as an adult before the court enters upon a proceeding that may result in an adjudication that the minor has violated a criminal law; the hearing is conducted informally in closed session; the requirements enumerated in section 1206 are complied with; and the court takes into consideration the factors set forth below. The factors which the court shall consider before certifying the minor to be tried as an adult are:
(1) The seriousness of the alleged offense to the community and whether the protection of the community requires that the offender be treated as an adult;
(2) Whether the alleged offense was committed in an aggressive, violent, premeditated or willful manner;
(3)
Whether the alleged offense was against persons or against property,
greater weight being given to offenses against persons especially if
personal injury resulted;
(4) The desirability of trial and disposition of the entire offense in one court when the juvenile's associates in the alleged offense are adults who will be criminally prosecuted;
(5) The sophistication and maturity of the juvenile as determined by consideration of his home, environmental situation, emotional attitude and pattern of living;
(6) The record and previous history of the juvenile, including previous contacts with other law enforcement agencies, juvenile courts and other jurisdictions, prior periods of probation to the State Court, or prior commitments to juvenile institutions; and
(7) The prospects for adequate protection of the public and the likelihood of reasonable rehabilitation of the juvenile (if he is found to have committed the alleged offense) by the use of procedures, services and facilities currently available to the court.
Source: YSL 2-86 §7, modified.
Cross-reference: The statutory provisions on the Judiciary are found in Title 4 of this Code.
(a) Any child found to be in violation of curfew may be immediately taken into custody, and shall be issued a citation to appear in court on a specified date with his parents or guardian to show cause why the child should not pay a fine for the violation, the amount of which the court will determine. The child then shall be escorted as soon as possible to his parents or guardian or, if unavailable, to the nearest responsible relative.
(b) A person adjudged to be a delinquent child may be confined in such place under such conditions and for such period as the court deems the best interest of the child requires, not exceeding the period for which he might have been confined if he were not treated as a juvenile offender under this chapter. As an alternative to confinement, the court may place the child in the custody of his parents, or guardians, or some other responsible adult with authority over the child under custom and tradition, under any and all terms and conditions the court deems appropriate, and for such length of time as the court may impose.
Source: YSL 2-86 §8, modified.
In any delinquent child proceeding, if it is found by the court that any person is encouraging, causing, or contributing to acts or conditions which result in an adjudication of the delinquency of a child, the court may require such person to be brought before the court and, after hearing, may order such person to do any specific thing which falls within the duty owed by such person to the child, or refrain from doing any specific act inconsistent with that duty. Any such party who fails to comply with the order of the court may be proceeded against for criminal or civil contempt of court.
Source: YSL 2-86 §9, modified.
If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Source: YSL 2-86 §10, modified.