Rule 27-8A. Nonjudicial Supervision—Delinquency

(a) If a child or youth has acknowledged responsibility for the alleged misconduct which is not one for which a judicial hearing is mandated pursuant to Section 27-4A, and the probation officer has then found from investigation of the child's or youth's total circumstances that some form of court accountability less exacting than that arising out of a court appearance appears to be in the child's or youth's best interests, the officer may, subject to the conditions imposed by subsection

(b) hereof, place the child or youth on nonjudicial supervision for a term established by the juvenile probation supervisor for a period not to exceed 180 days.

(b) Whenever the probation officer seeks to effect nonjudicial supervision, the parent and the child or youth shall have a right to a conference with the probation officer's administrative superior, or a court hearing. Whenever a parent or child or youth elects to pursue either or both rights, supervision shall be held in abeyance until the outcome thereof.

(c) Such nonjudicial supervision when completed shall constitute a resolution of the case, and thereafter a child or youth may not again be presented for formal court action on the same summons, complaint or petition or the facts therein set forth, provided however, that a judicial hearing may be initiated on the original summons, complaint, petition, or information during said nonjudicial supervision if there has been a failure to comply with terms of the supervision and any oral or written statement of responsibility shall not be used against the child or youth. When the judicial authority refers the file for nonjudicial handling, the referral order should provide that upon successful completion of any nonjudicial handling, the matter will be dismissed and erased immediately without the filing of a request, application or petition for erasure, for all purposes except for subsequent consideration for nonjudicial handling under Section 27-4A.

Committee Notes

(Amended June 30, 2008, to take effect Jan. 1, 2009.) amended June 30, 2008, to take effect Jan. 1, 2009; amended