Many parents of children charged with crimes worry that they will end up in juvenile detention. This is a legitimate concern.
Juvenile detention is basically a jail for children. The Kentucky Department of Juvenile Justice runs detention centers. While more services are generally available in juvenile detention, it’s not somewhere you want your child to end up. Juvenile detention can have long-term negative effects on a child’s life.
If your child is facing criminal charges, you should fight the charges to avoid a sentence to juvenile detention.
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When Can A Child Be Detained In Juvenile Detention?
If a child over 10 is adjudicated guilty of a crime, they could be sent to a juvenile detention center. Any child arrested and awaiting an adjudication hearing can also be held in a detention center.
Many juvenile court judges impose the most lenient sentence as a first resort. They tend to reserve juvenile detention for children who commit serious crimes or are a danger to themselves or others. This includes kids who have a history of committing crimes, kids who commit violent crimes, or weapons offenses, for example.
As with adult court, a child can only be sentenced to juvenile detention after being found guilty beyond a reasonable doubt at an adjudication hearing. The child has the right to defend themselves, and their lawyer can argue for an alternative to juvenile detention.
Alternatives To Juvenile Detention
Juvenile judges have many options for alternatives to juvenile detention. The most common alternatives include:
- Juvenile probation
- Paying restitution
- Drug treatment
- Cognitive therapy
- Imposing a curfew
- Writing an apology letter
- Ankle monitoring
- Ordering a child to stay away from certain people or places
- Ordering a child to meet certain educational goals
- Admitting a child to a day treatment program
A juvenile lawyer will argue for these alternatives before a child is sent to detention.
What Is The Difference Between Juvenile Detention And Adult Jail?
The main difference between juvenile detention centers and adult jails or prisons is their respective purposes. A detention center’s purpose is to rehabilitate children, while the purpose of a jail or prison is to punish an adult offender.
The juvenile detention centers in Kentucky offer many programs for children, including:
- School
- Counseling
- Mental health treatment
- Drug treatment
Even though juvenile detention is meant to rehabilitate children, it operates very similarly to adult jail.
Group Homes vs. Youth Development Centers
In addition to detention centers, the Kentucky Department of Juvenile Justice also operates group homes and Youth Development Centers. Both of these facilities are less secure than the detention center and can serve as an alternative or step down from detention.
A Youth Development Center is more similar to a boarding school. The children are constantly monitored, but the level of security depends on the facility. A group home is a community-based residential program where staff works 24/7, but there is less security than at a Youth Development Center or detention center.
Can Children Be Sentenced To Adult Jail?
No. Even if a juvenile is tried as an adult, they will be sentenced to a juvenile detention center until they turn 18. Once they turn 18 they will be transferred to adult jail.
A child can be tried as an adult if:
- They are at least 14 years old and committed a felony offense with a firearm
- They are at least 14 years old and commit a capital offense
- They are at least 14 years old and commit a Class A or B felony
- They are at least 14 years old with a previous youthful offender conviction and commit a felony
- They are at least 16 years old and commit a Class C or D felony with a prior felony adjudication
If a child is tried as an adult, it can have serious consequences beyond time in a juvenile detention center. The conviction will likely stay on their record forever, making them a convicted felon before they even turn 18. A felony conviction will have collateral consequences following them throughout their adult life.
What Are The Long-Term Effects Of Juvenile Detention On Children?
Juvenile detention should be a last resort for children because it can have devastating long-term effects for a child.
Even though children have access to school and counseling in the detention center, they are removed from their community. This means they cannot build and strengthen relationships with family, peers, and other trusted adults.
Children in juvenile detention are much more likely to:
- Become depressed or anxious
- Experience mental health issues
- Disengagement from their community
- Future involvement in the criminal justice system
- Drop out of school
- Become homeless
- Develop substance abuse issues
- Have worse overall adult health
These outcomes are significant and should not be ignored. Juvenile defense attorneys advocate for keeping children out of detention so that they have the best chance of moving forward. Contact one of the experienced lawyers from Suhre & Associates DUI and Criminal Defense Lawyers today at (859) 569-4014 if your child is facing juvenile detention.
