Authority to Establish Teen Court — Procedure for Participation — Determining Factors for Participation — Authority of Teen Court
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Any juvenile court judge is authorized to establish a teen court program pursuant to this part. In a jurisdiction in which there are multiple juvenile court judges, each judge may establish a teen court program. In any jurisdiction in which a teen court program is established, a teen charged with an offense specified under this part may receive a deferred judgment, a condition of which is successful completion of the teen court program. As a part of such program, the teen shall receive a disposition recommended by a five-member teen court and confirmed by the juvenile court judge. The teen court shall be held at a place to be determined by the local juvenile court judge.
The procedure for the court to determine participation in the teen court is as follows:
Pursuant to local, written procedures adopted by the juvenile court, participation in the teen court program may be initiated by an officer of the court under the informal adjustment or pretrial diversion process of § 37-1-110;
After the court places a child on judicial diversion or adjudicates a child delinquent or unruly pursuant to § 37-1-129, the court may direct that the disposition determination will be made by the teen court;
When a juvenile court determines that a case is appropriate to be handled by the teen court, the teen shall be informed by the court of the procedures for teen court disposition and shall be given an opportunity to enter a waiver of rights to participate in a teen court disposition. The court shall inform the teen that if the teen enters a waiver, including a waiver of any right for an attorney to be present during the dispositional stage, juvenile court proceedings shall be suspended for a period of six (6) months or such other time authorized by the local, written procedures of the juvenile court and a teen court may be empanelled to hear evidence on disposition; such teen court shall deliberate, and shall make a recommendation to the judge for disposition of the case, which may be confirmed by the juvenile court without further proceedings. If the teen elects to not enter a waiver, the judge shall proceed with the case as provided by law without referral to the teen court.
In choosing cases to be referred to the teen court for disposition, the juvenile court shall determine that:
The offense or attempted offense underlying the juvenile petition was one (1) of the following:
Assault, § 39-13-101;
Burglary, § 39-14-402;
Theft of property, § 39-14-103;
Vandalism, § 39-14-408;
Forgery, § 39-14-114;
Cruelty to animals, § 39-14-202;
Unauthorized use of vehicle, § 39-14-106;
[Deleted by 2016 amendment.]
Disorderly conduct, § 39-17-305;
Harassment, § 39-17-308;
Criminal trespass, § 39-14-405;
Traffic offense, § 37-1-146;
Runaway, § 37-1-102(b)(32)(D);
Truancy, § 37-1-102(b)(32)(A);
Violation of curfew, § 39-17-1702;
Unruly, § 37-1-102(b)(32);
Violation of any of the following sections of the Tennessee Drug Control Act, compiled in title 39, chapter 17, part 4:
§ 39-17-418(a) or (b), relative to simple possession or casual exchange of a controlled substance;
§ 39-17-422(a) or (b), relative to smelling or inhaling fumes of any glue, paint, gasoline, aerosol, chlorofluorocarbon gas or other substance containing a solvent having the property of releasing toxic vapors or fumes, or possessing any glue containing a solvent having the property of releasing toxic vapors or fumes for the purpose of smelling or inhaling fumes or vapors;
§ 39-17-426, relative to possession of gentiana lutea, also known as jimsonweed, on the premises or grounds of any school; or
§ 39-17-454, relative to simple possession or casual exchange of a controlled substance analogue;
Any criminal offense, status offense, violation, infraction or other prohibited conduct involving the possession, use, sale or consumption of any alcoholic beverage, wine or beer; or
A second or subsequent violation, within a one (1) year period, of § 39-17-1505, regarding possession, purchase or acceptance of tobacco products, or offering false or fraudulent proof of age for the purpose of purchasing or receiving any tobacco product;
The teen will benefit more from participation in the teen court and any disposition that may be recommended than from any other disposition that may be imposed;
The teen, in the presence of at least one (1) of the teen's parents or guardian, has executed an informed waiver of rights, including any right to have an attorney present at the dispositional stage; and
The particular case does not have any special circumstances, such as suspected mental illness or developmental disability of the teen, or special needs of the victim of the offense, that make the case inappropriate for referral to the teen court.
A teen court has the authority to conduct proceedings and to receive evidence and hear testimony related to the dispositional stage. The teen court shall consist of five (5) teen members chosen by the juvenile court as set out in § 37-1-704. The teen members shall choose a presiding officer who shall conduct the proceeding under the supervision of the juvenile court judge. After hearing all evidence and testimony, the teen court shall retire to deliberate and a written decision shall be written by the presiding officer.
The written decision shall be transmitted to the juvenile court judge as a recommendation, together with all papers relating to the case. The written recommendation will specify a proposed disposition together with reasons therefor.
Upon receipt of the recommendation, the judge shall review it, along with all papers relating to the case. The judge may accept, modify or reject the recommendation. If the judge accepts the recommendation as presented or modified, the judge shall confirm it by order. If the judge rejects the recommendation, the judge shall permit any additional hearing as may be necessary and shall enter an order as necessary.
The juvenile court shall dismiss the petition or charges at the conclusion of the deferral period if the court determines that the teen has successfully completed the teen court program. If the teen fails to successfully complete the prescribed program, or if a new delinquent or unruly petition is filed against the teen during the deferral period, the petition under which the teen court disposition was ordered may be reinstated and the case may proceed as if the teen court disposition had never been entered.