Which courtroom worker functions as the gatekeeper of the process

The prosecutor in Register also circumvented the intake process, which is statutorily required in every juvenile case. Emphasizing the importance of intake, the Court stated:. The role of an intake counselor is to ensure that the needs and limitations of the juveniles and the concern for the protection of public safety have been objectively balanced before a juvenile petition is filed initiating court action.

See G. The General Assembly entrusted court counselors with the significant responsibility of achieving this goal. The Juvenile Justice Reinvestment Act raises the age of criminal responsibility to 18, which means that all criminal offenses committed by juveniles who are under 18, excluding motor vehicle offenses, must be initiated in juvenile court.

Class A-G felonies committed by 16 and year-olds will be automatically transferred to adult criminal court upon the filing of an indictment by a prosecutor or a finding of probable cause by a district court judge. If no petition is filed, the case cannot be transferred. In other words, juvenile court counselors are still the gatekeepers in cases subject to mandatory transfer. Although most Class A-G felonies are nondivertible offenses, which means they must be approved for court, a few are eligible for diversion e.

Based on Register , juvenile court counselors may exercise their discretion to divert eligible cases without the interference of a prosecutor. However, it may require more collaboration between juvenile justice officials and prosecutors to ensure compliance with Juvenile Code procedures in this new class of juvenile cases.

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