A Message From The Prosecuting Attorney

The intent of the juvenile justice system in Indiana remains focused upon rehabilitation, as opposed to punishment, in an effort to maximize the chances of the juvenile becoming a well-adjusted and contributing member of our society. Young people should not be expected to have the same values and judgment as adults. This is especially true if they have been the victim of poverty, neglect, and abuse. Swift and effective intervention can often spell the difference between a law-abiding life and a career of crime. Young lives can be salvaged. If we do not deal appropriately with them as juveniles, we will most certainly deal with them later as adults, and the costs will be much greater.

Unfortunately in recent years there has been an increase in juvenile crime sometimes involving crimes of violence. To the victim, it matters very little that the person who pulled the trigger on the gun is 16 or 17 years old instead of 18. Mere treatment, counseling, community service, and probation can never be the appropriate solution to violent crime. The Porter County Prosecutor's Office will not hesitate in using the adult criminal justice system, when authorized by statute, to seek the strongest sanctions available against violent and repeat criminals, regardless of age. Our target is kept on the relatively few offenders who commit most of violent crimes, isolating them from the rest of society for the longest period of time. The victims of violent crime and our society deserve no less.

Our office also has a firm commitment to take steps toward the prevention of juvenile crime. Strong and consistent enforcement of child support obligations and truancy laws are essential. Our schools must be kept free of gangs, drugs, and guns. Domestic violence cases must be taken seriously in order for our children to be raised in a safe and nurturing environment. Child abuse and neglect cases need to remain a high priority.

This comprehensive approach is the only answer. Police, Prosecutors, Courts, and the schools must work together with the family and our community to meet this challenge.

Brian Gensel, Prosecuting Attorney
Nick Snow, Deputy Prosecuting Attorney

I.C. 31-30-1 Jurisdiction of Juvenile Court

As a general rule, the Juvenile Court has exclusive jurisdiction in all cases where the person who is charged with a crime is less than 18 years of age. In such cases, the juvenile defendant is referred to as a "child," and proceedings are begun by the Prosecuting Attorney filing a petition in the Juvenile Court alleging that the child is a "delinquent child."

However, there are exceptions to this general rule. Even when the person charged is less than 18 years old, the following cases must be filed in adult court:

1. When the child is at least 16 years old and is charged with a misdemeanor traffic crime. (For example, Reckless Driving or Leaving the Scene of an Accident) Nevertheless, if the charge is a felony, or if the charge is Operating a Vehicle While Intoxicated, Juvenile Court retains exclusive jurisdiction.
   
2. When the charge is an Infraction or Ordinance Violation. (For example, Speeding) Nevertheless, if the infraction charge relates to the use of False Identity to Obtain an Alcoholic Beverage, Juvenile Court retains exclusive jurisdiction.
   
3. When the child is at least 16 years of age and is charged with any of the following:
   
   
   1. Murder
      
   2. Kidnaping
      
   3. Rape
      
   4. Criminal Deviate Conduct
      
   5. Robbery while armed, or resulting in serious bodily injury
      
   6. Carjacking
      
   7. Criminal Gang Activity
      
   8. Criminal Gang Intimidation
      
   9. Carrying a Handgun Without a License
      
   10. Children and Firearms
       
   11. Dealing in a Sawed-Off Shotgun
       
   12. Dealing in Cocaine, Narcotics, or Schedule I, II, III, or IV Controlled Substance
   
   
4. When the child has previously been waived to adult court.

1. When the child is at least 14 years of age and is charged with a heinous or aggravated crime, or a crime which is part of a repetitive pattern of delinquent acts. It must also be shown that the child is beyond the rehabilitation of the juvenile justice system, and it is in the best interests of the community that the child stand trial as an adult.
   
2. When the child is at least 16 years of age and is charged with a felony crime relating to controlled substances. It must also be shown that it is in the best interests of the community that the child stand trial as an adult.
   
3. When the child is at least 10 years of age and is charged with Murder. It must also be shown that it would not be in the best interests of the child or the community for the child to remain within the juvenile justice system.

1. When the child is at least 16 years of age and is charged with any Class A or Class B Felony, or Involuntary Manslaughter, or Reckless Homicide. It must also be shown that it would not be in the best interests of the child or the community for the child to remain within the juvenile justice system.
   
2. When the child is charged with any felony crime after having previously been convicted of a felony or non-traffic misdemeanor in adult court.