467 U.S. 253. The Supreme Court reversed the US District Court and the Second Circuit, and held the statute did not violate the Due Process Clause. His sources of information are the child, his parent or guardian, the arresting officer, and any records of past contacts between the child and the Family Court. impinge upon fundamental rights. at 405 U. S. 170. Petitioners' Exhibit 18b. § 304.1(2). FCA § 320.3. First, it must advance goals commensurate with the burdens it imposes on constitutionally protected interests. Appellees urge the alleged lack of procedural safeguards as an alternative ground for upholding the judgment of the Court of Appeals. at 698-699. Sumner v. Mata, 449 U. S. 539, 449 U. S. 549 (1981). courts of eight States, including the New York Court of Appeals, have upheld their statutes with specific reference to protecting the juvenile and the community from harmful pretrial conduct, including pretrial crime. Supra at 467 U. S. 287-288. But a particular detainee has no way of ascertaining the grounds for his incarceration. Id. ", Second, § 320.5(3)(b) is not limited to classes of juveniles whose past conduct suggests that they are substantially more likely than average juveniles to misbehave in the immediate future. 2d 64, 67 (1968) (Black, J., in chambers) (questioning whether a defendant's dangerousness can ever justify denial of bail). New York Jud.Law § 320.5 (McKinney 1983) (Family Court Act (hereinafter FCA)) provides, in relevant part: "1. SCHALL v. MARTIN 467 U.S. 253 (1984)This is one of several cases showing that legal fictions infect juvenile proceedings involving criminal conduct. of HEW, Children's Bureau, Pub. . United States ex rel. LOCATION:Spofford Juvenile Center. Every accused juvenile is interviewed by a member of the staff of the Probation Department. Papachristou v. City of Jacksonville, 405 U. S. 156, 405 U. S. 168 (1972). Pp. No tenable concept of due process could condone a balance that gives so little weight to the accused's interest in pretrial liberty"). at 707. Id. The District Court, whose knowledge of New York procedural law surely exceeds ours, concluded that "[t]he short span of pretrial detention makes effective review impossible." Oral Argument - January 17, 1984. Finally, the District Court made a few significant findings concerning the conditions associated with "secure detention" pursuant to § 320.5(3)(b). Examination of the provision must of course be informed by a recognition that juveniles have different needs and capacities than adults, see McKeiver v. Pennsylvania, 403 U. S. 528, 403 U. S. 550 (1971), but the provision still "must measure up to the essentials of due process and fair treatment," Kent v. United States, 383 U. S. 541, 383 U. S. 562 (1966). In contrast to the breadth of the coverage of the Family Court Act, the District of Columbia adult preventive detention statute that was upheld in United States v. Edwards, 430 A.2d 1321 (D.C.1981), cert. The Family Court judge will make a preliminary determination as to the jurisdiction of the court, appoint a law guardian for the child, and advise the child of his or her rights, including the right to counsel and the right to remain silent. this is a brief summary of important points in the juvenile case Schall v Martin. denied, 464 U.S. 1001 (1983); United States v. Schell, 692 F.2d 672, 675-676 (CA10 1982); United States v. Williamson, 567 F.2d 610, 613 (CA4 1977); United States v. Bowdach, 561 F.2d 1160, 1175 (CA5 1977); United States v. Neary, 552 F.2d 1184, 1194 (CA7), cert. The inference is powerful that most detainees, when examined more carefully than at their initial appearances, are deemed insufficiently dangerous to warrant further incarceration. Argued Jan. 17, 1984. If the judge does decide to detain the juvenile under § 320.5(3)(b), he must state on the record the facts and reasons for the detention. 691 (SDNY 1981). The Supreme Court of the United States accepted certiorari to determine whether a section of New York’s Family Court Act violated the Due Process Clause of the Fourteenth Amendment. United States v. Davis, 710 F.2d 104, 108-109 (CA3), cert. this is a brief summary of important points in the juvenile case Schall v Martin. The majority cites one case in which a detainee did obtain his release by securing a writ of habeas corpus. More specifically, the majority argues that detaining a juvenile for a period of up to 17 days prior to his trial has two desirable effects: it protects society at large from the crimes he might have committed during that period if released and it protects the juvenile himself, "both from potential physical injury which may be suffered when a victim fights back or a policeman attempts to make an arrest and from the downward spiral of criminal activity into which peer pressure may lead the child. MARSHALL, J., filed a dissenting opinion, in which BRENNAN and STEVENS, JJ., joined, post, p. 467 U. S. 281. it is almost 2 pages long. First, a New York Family Court judge is given no guidance regarding what kinds of evidence he should consider or what weight he should accord different sorts of material in deciding whether to detain a juvenile. Every Court of Appeals considering the question has rejected that claim. We have held that certain basic constitutional protections enjoyed by adults accused of crimes also apply to juveniles. Schall v. Martin (1984): Preventive detention is permissible if there is adequate concern that further cries will be committed, although the juvenile has a right to a hearing on the detention. Even more telling is the fact that "the vast majority" of persons detained under § 320.5(3)(b) are released either before or immediately after their trials. (b) The procedural safeguards afforded by the Family Court Act to juveniles detained under § 320.5(3)(b) prior to factfinding provide sufficient protection against erroneous and unnecessary deprivations of liberty. The propriety of such detention prior to a juvenile's initial appearance in Family Court is not at issue in this case. People ex rel. In short, § 320.5(3)(b) as administered by the New York courts surely "appears excessive in relation to" the putatively legitimate objectives assigned to it. "Our society recognizes that juveniles in general are in the earlier stages of their emotional growth, that their intellectual development is incomplete, that they have had only limited practical experience, and that their value systems have not yet been clearly identified or firmly adopted. at 708. § 78-3a-30 (Supp.1983); Vt.Stat.Ann., Tit. That the New York courts suspended their usual rules of mootness in order to consider an attack on the constitutionality of the statute as a whole, see People e rel. police." By natellaizbaku Apr 13, 2004 330 Words. Section 320.5(3)(b) authorizes pretrial detention of an accused ju- Lawaspect.com PETITIONER:Ellen Schall, Commissioner of New York City Department of Juvenile JusticeRESPONDENT:Gregory Martin, et al.LOCATION:Spofford Juvenile Center DOCKET NO. § 3-815 (1984); Mass.Gen.Laws Ann., ch. … The equal protection claim, which was neither raised on appeal nor decided by the Second Circuit, is not before us. [Footnote 2/9] Second, many juveniles are released -- for periods ranging from five days to several weeks -- after their arrests and are then detained under § 320.5(3)(b), despite the absence of any evidence of misconduct during the time between their arrests and "initial appearances." See supra at 467 U. S. 297-298, and n. 25. . In the present context, there is no need to choose between these doctrinal options, because § 320.5(3)(b) would fail either test. . And given "the inability of trial judges to predict which juveniles will commit crimes," there is no rational connection between the decision to detain and the alleged purpose, even if that purpose were legitimate. of Probation), App. The dissent would apparently have us strike down New York's preventive detention statute on two grounds: first, because the preventive detention of juveniles constitutes poor public policy, with the balance of harms outweighing any positive benefits either to society or to the juveniles themselves, post at 467 U. S. 290-291, 467 U. S. 308, and, second, because the statute could have been better drafted to improve the quality of the decisionmaking process, post at 467 U. S. 304-306. § 53.02 (1975 and Supp.1984); Utah Code Ann. 2403, 81 L.Ed.2d 207. against him, he is entitled to a probable cause hearing to be held not more than three days after the conclusion of the initial appearance or four days after the filing of the petition, whichever is sooner. The information on which the judge makes his determination is very limited. . at 702. Its characterization of preventive detention as merely a transfer of custody from a parent or guardian to the State is difficult to take seriously. The individual could nonetheless suffer repeated deprivations, and it is certain that other persons similarly situated will be detained under the allegedly unconstitutional procedures. as Amici Curiae 13-14. 689 F.2d at 372; see 513 F. Supp. Martin v. Strasburg. Id. Given that, under Gerstein, 420 U.S. at 420 U. S. 119-123, a probable cause hearing may be informal and nonadversarial, a Family Court judge could make a finding of probable cause at the initial appearance. Brief Fact Summary. See, e.g., Citizens' Committee for Children of New York, Inc., Juvenile Detention Problems in New York City 3-4 (1970); J. Schall v. Martin b. in re Gault c. in re Winship d. McKeiver v. Pennsylvania. Obviously, this Court must "review the judgment below in light of the . The third and fourth suggestions are discussed in text, infra.. See Jurek v. Texas, 428 U. S. 262, 428 U. S. 274-275 (1976) (death sentence imposed by jury); Greenholtz v. Nebraska Penal Inmates, 442 U. S. 1, 442 U. S. 9-10 (1979) (grant of parole); Morrissey v. Brewer, 408 U. S. 471, 408 U. S. 480 (1972) (parole revocation). See In re Gault, supra, at 387 U. S. 27. Unless the juvenile committed one of the designated felonies, the court must order the least restrictive available alternative consistent with the needs and best interests of the juvenile and the need for protection of the community. N.Y.Penal Law §§ 10.00(18), 30.00(2) (McKinney Supp.1983-1984). By Lewis F. Powell, Jr., Published on 10/01/83. Audio Transcription for Oral Argument - January 17, 1984 in Schall v. Martin Judith A. Gordon: It is concern that a child at the formative stages of his life not be engaged in a series of criminal acts, lest that kind of anti-social behavior harm him normative development. § 340.1. But neither of the circumstances relied upon by the majority supports its confident judgment on this point. The "factfinding" is the juvenile's analogue of a trial. On April 11, Rosario was released to his father, and the case was terminated without adjustment on September 25, 1978. The findings of fact reviewed in the preceding sections make it apparent that the vast majority of detentions pursuant to § 320.5(3)(b) advance no state interest; only rarely does the statute operate to prevent crime. See, e.g., Brief for American Bar Association as Amicus Curiae 23; Brief for Association for Children of New Jersey as Amicus Curiae 8, 11; Brief for Youth Law Center et al. On the basis of this evidence, the District Court rejected the equal protection challenge as "insubstantial," [Footnote 11] but agreed with appellees that pretrial detention under the FCA violates due process. [Footnote 29]. Argued January 17, 1984-Decided June 4, 1984* Section 320.5(3)(b) of the New York Family Court Act authorizes pretrial I respectfully dissent. These flexible procedures have been found constitutionally adequate under the Fourth Amendment, see Gerstein v. Pugh, and under the Due Process Clause, see Kent v. United States, supra, at 383 U. S. 557. Baker v. McCollan, 443 U. S. 137, 443 U. S. 145 (1979). Id. So, in striking down on vagueness grounds a vagrancy ordinance, we emphasized the "unfettered discretion it places in the hands of the . 2403, 81 L.Ed.2d 207. See n 6, supra. Not surprisingly, in view of the lack of directions provided by the statute, different judges have adopted different ways of estimating the chances whether a juvenile will misbehave in the near future. People ex rel. The latter provision applies only to juveniles who are likely not to appear on the return date if not detained, and appellees concede that such juveniles may be lawfully detained. In sum, the statutory scheme seems to contemplate that a motion to dismiss a petition for lack of probable cause, accompanied with "supporting affidavits, exhibits and memoranda of law," § 332.2(2), would be filed sometime after the juvenile is detained under § 320.5(3)(b). Martin v. Strasburg, 513 F. Supp. Citation31 Ala. App. 82-1248. Kennedy v. Mendoza-Martinez, 372 U.S. at 372 U. S. 168-169. at 716. Baker v. McCollan, 443 U. S. 137, 443 U. S. 149-150, 443 U. S. 153 (1979) (STEVENS, J., dissenting). 513 F. Supp. incidence of error. The Defendant was convicted thereafter for being drunk on a public highway, and he appeals. Release (before or after trial) of some of the juveniles detained under § 320.5(3)(b) may well be due to a different factor: the evidence against them may be insufficient to support a finding of guilt. Cf. 698 F.2d at 369; see 513 F. Supp. Second, after a review of the pertinent scholarly literature, the court noted that, "no diagnostic tools have as yet been devised which enable even the most highly trained criminologists to predict reliably which juveniles will engage in violent crime.". See also Ingraham v. Wright, 430 U. S. 651, 430 U. S. 671-672, and n. 40, 430 U. S. 673-674 (1977); Gregory v. Chicago, 394 U. S. 111, 394 U. S. 112 (1969); Thompson v. Loisville, 362 U. S. 199, 362 U. S. 206 (1960). In Gerstein v. Pugh, 420 U. S. 103, 420 U. S. 113-114 (1975), we relied in part on the severity of "[t]he consequences of prolonged detention" in construing the Fourth Amendment to forbid pretrial incarceration of a suspect for an extended period of time without "a judicial determination of probable cause." the dispositional hearing belied the need to detain him prior to factfinding and that, therefore, the pretrial detention constituted punishment. Schall v. Martin . Schall v. Martin Schall v. Martin 467 U.S. 253 (1984) United States Constitution. We did not, however, mandate a specific timetable. . LAW 253, 256-58 (1984); Note, Where Have All the Children Gone? The accused juvenile may call witnesses and offer evidence in his own behalf. United States v. Tucker, 404 U. S. 443, 404 U. S. 446 (1972) ("[A] trial judge in the federal judicial system generally has wide discretion in determining what sentence to impose. Schall v. Martin. In Bell v. Wolfish, supra, at 441 U. S. 534, n. 15, we left open the question whether any governmental objective other than ensuring a detainee's presence at trial may constitutionally justify pretrial detention. The court must also satisfy itself that the child actually did commit the acts to which he admits. If the juvenile is so detained, he must be brought before the Family Court within 72 hours or the next day the court is in session, whichever is sooner. The constitutional limitations upon the kinds of factors that may be relied on in making such decisions are significantly looser than those upon decisionmaking processes that abridge the liberty of presumptively innocent persons. According to the Encyclopedia of the American Constitution, about its article titled 389 SCHALL v.MARTIN 467 U.S. 253 (1984) This is one of several cases showing that legal fictions infect juvenile proceedings involving criminal conduct. ", Leland v. Oregon, 343 U. S. 790, 343 U. S. 798 (1952). Moreover, the court felt that the trial record was "replete" with examples of arbitrary and capricious detentions. 365, 366 (1975); Baker v. Smith, 477 S.W.2d at 150-151; Commonwealth ex rel. Cf. Opposing counsel, the juvenile's parents, and the juvenile himself may all speak on his behalf and challenge any information or recommendation. 289 (1971). Ante at 467 U. S. 265. 478 (SDNY 1973), but nevertheless remain grim, see Mayor's Task Force on Spofford: First Report v, viii-ix, 20-21 (June 1978). Schall. . No. Cf. Preventive detention under the FCA is purportedly designed to protect the child and society from the potential consequences of his criminal acts. However, that case involved a juvenile who was not given a probable cause hearing within six days of his detention -- a patent violation of the state statute. 82-1248. He had been arrested four previous times, and his mother refused to come to court because he had been in trouble so often she did not want him home. I can see -- and the majority has pointed to -- no public purpose advanced by the statute sufficient to justify the harm it works. FCA § 340.1(3). This Court's declaration that § 320.5(3)(b) is not unconstitutional on its face would almost certainly preclude a finding that detention of a juvenile pursuant to the statute violated any clearly established constitutional rights; in the absence of such a finding, all state officials would be immune from liability in damages, see Harlow v. Fitzgerald, 457 U. S. 800 (1982). Argued January 17, 1984. In Stack v. Boyle, 342 U. S. 1, 342 U. S. 4-5 (1951), we stressed the importance of a person's right to freedom until proved guilty in construing the Eighth Amendment to proscribe the setting of bail "at a figure higher than an amount reasonably calculated to" assure the presence of the accused at trial. Wayburn v. Schupf, 39 N.Y.2d 682, 687, 350 N.E.2d 906, 908 (1976) (requiring a showing of a "compelling State interest" to uphold § 320.5(3)(b)); cf. There is no doubt that the Due Process Clause is applicable in juvenile proceedings. Only if, as in Martin's case, the Family Court is not in session and special circumstances exist, such as an inability to notify the parents, will the child be taken directly by the arresting officer to a juvenile detention facility. at 119. Strictly speaking, "guilt" is never adjudicated under the Act; nor is the juvenile ever given a trial. Testimony of Judge Quinones, App. Synopsis of … Several amici argue that similar statistics obtain throughout the country. First, does preventive detention under the. But even the majority does not suggest that persons who could not be convicted of any crimes may nevertheless be imprisoned for the protection of themselves and the public. § 32-1-24 (1981); N.Y.FCA § 320.5(3) (McKinney 1983); N.C.Gen.Stat. [Footnote 7] The Family Court Judge, citing the possession of the loaded weapon, the false address given to the police, and the lateness of the hour as evidencing a lack of supervision, ordered Martin detained under § 320.5(3)(b) (at that time § 739(a)(ii); see n 2, supra). June 4, 1984. Second, it fosters arbitrariness and inequality in a decisionmaking process that impinges upon fundamental rights. Work pack: GREAT DEAL buying in a pack your savings −3,44 € D.C.Code §§ 23-1322(a)(1), (2) (1981). Misbehavior is punished by confinement to one's room. After reviewing the trial record, the court opined that, "the vast majority of juveniles detained under [§ 320.5(3)(b)] either have their petitions dismissed before an adjudication of delinquency or are released after adjudication. Even the majority, though it chastises appellees for failing to assemble better data, ante at 467 U. S. 272, and n. 21, does not suggest that those findings are clearly erroneous. 18 and | 18 and S. 253fn27|>27, supra. [Footnote 8] He had been detained pursuant to § 320.5(3)(b), between the initial appearance and the completion of the factfinding hearing, for a total of 15 days. The judge ordinarily does not interview the juvenile, id. ", "3. § 14-6-206 (1977). In the recent case of Schall v. Martin, however, the Court departed from this general trend when it upheld the constitutionality of the pretrial preventive detention of juve-niles. . The boy was kept overnight and brought to juvenile court in the morning for his initial appearance. Martin v. Strasburg, 689 F.2d 365, 369, n.19 (CA2 1982); see 513 F. Supp. The Court today holds that preventive detention of a juvenile pursuant to § 320.5(3)(b) does not violate the Due Process Clause. The likelihood of guilt was recommended as a larger Section 332.2, in turn, provides that pretrial motions shall be made within 30 days after the initial appearance and before the factfinding hearing. of Justice, Federal Bureau of Investigation, Crime in the United States 176-177 (1982) ("violent crimes" include murder, nonnegligent manslaughter, forcible rape, robbery, and aggravated assault; "serious property crimes" include burglary, larceny-theft, motor vehicle theft, and arson). Schall. Section 320.5(3)(b) of the New York Family Court Act au-thorizes pretrial detention of an accused juvenile delinquent based on a finding that there is a "serious risk" that the child "may before the return date commit an act which if com- All of these commonly acknowledged factors make the commission of criminal conduct on the part of juveniles in general more likely than in the case of adults.". LAW 253, 256-58(1984); Note, Where Have Allthe Children Gone? 689 F.2d at 377. [Footnote 2/19], An independent impediment to identification of the defendants who would misbehave if released is the paucity of data available at an initial appearance. 286-287. § 305.2. Concurring in the judgment in Zablocki v. Redhail, 434 U. S. 374 (1978), striking down a statute that conditioned the right to marry upon the satisfaction of child support obligations, JUSTICE POWELL aptly observed: "Quite apart from any impact on the truly indigent, the statute appears to 'confer upon [the judge] a license for arbitrary procedure,' in the determination of whether an applicant's children are 'likely thereafter to become public charges.' Such an infrequent and haphazard gain is insufficient to justify curtailment of the liberty, interests of all the presumptively innocent juveniles who would have obeyed the law pending their trials had they been given the chance. The figures in the text are taken from the District Court's summary of the 34 cases in the sample. . When the defendants in a plaintiff class action challenge on appeal neither the certification of the class, see ante at 467 U. S. 261, n. 10, nor the plaintiffs' depiction of the character of the class, we ought to analyze the case as it comes to us, and not try to construct a new version of the facts on the basis of an independent and selective review of the record. On the basis of evidence adduced at trial, supplemented by a thorough review of the secondary literature, see 513 F. Supp. After being detained for five days under § 320.5(3)(b), the petition against him was dismissed on the ground that "the offense alleged did not come within the provisions of the penal law." U.S. Dept. See In re Gault, supra, at 387 U. S. 20, n. 26. See also Rummel v. Estelle, 445 U. S. 263, 445 U. S. 275 (1980) ("the presence or absence of violence does not always affect the strength of society's interest in deterring a particular crime"). In view of this configuration of benefits and harms, it is not surprising that Judge Quinones repudiated the suggestion that detention under § 320.5(3)(b) serves the interests of the detainees. Section 320.5(3)(b) of the New York Family Court Act authorizes pretrial detention of an accused juvenile delinquent based on a finding that there is a "serious risk" that the juvenile "may before the return date commit an act which if committed by an adult would constitute a crime." FCA § 325.1(2). Wayburn v. Schupf, 39 N.Y.2d at 686, 350 N.E.2d at 907-908, in no way suggests that they would be willing to do so if an individual detainee challenged the constitutionality of § 320.5(3)(b) as applied to him. Most importantly, none of the studies distinguishes persons detained under § 320.5(3)(a) from persons detained under § 320.5(3)(b). 62(a), and must guide our analysis of the constitutional questions presented by these cases. Prevention of the minor offenses that would have been committed by a small proportion of the persons detained confers only a slight benefit on the community. Supreme Court of the United States (www.supremecourt.gov) United States Supreme Court cases in volume 467 (Open Jurist) United States Supreme Court cases in volume 467 (FindLaw) In Schall v. Martin, the U.S. Supreme Court allows the practice of _____, which grants the state the right to detain dangerous youth until their trial for the protection of the juvenile and community. Most obviously, some measure of guidance to Family Court judges regarding the evidence they should consider and the standard of proof they should use in making their determinations would surely contribute to the quality of their detention determinations. However, the probation officer who prepared the report rarely attends the hearing. Absent a showing of an express intent to punish on the part of the State, that determination generally will turn on, "whether an alternative purpose to which [the restriction] may rationally be connected is assignable for it, and whether it appears excessive in relation to the alternative purpose assigned [to it].". Appellees Luis Rosario and Kenneth Morgan, both age 14, were also ordered detained pending their factfinding hearings. Final Exam Juvenile Procedures SCHALL v. MARTIN Facts Martin was arrested on December 13, 1977, and charged with first-degree robbery, second-degree assault, and criminal possession of a weapon based on an incident in which he, with two others, allegedly hit a youth on the head with a loaded gun and stole his jacket and sneakers. Surely there is a qualitative difference between imprisonment and the condition of being subject to. Nonsecure detention involves an open facility in the community, a sort of "halfway house," without locks, bars, or security officers where the child receives schooling and counseling and has access to recreational facilities. The provisions cited by the majority for its novel reading of the statute provide only shaky support for its contention. an equitable remedy. To comport with "fundamental fairness," § 320.5(3)(b) must satisfy two requirements. [Footnote 2/16] The majority concedes, as it must, that this principle applies to juveniles. Two concerns underlie this principle: excessive discretion fosters inequality in the distribution of entitlements and harms, inequality which is especially troublesome when those benefits and burdens are great; and discretion can mask the use by officials of illegitimate criteria in allocating important goods and rights. These figures are not broken down as to persons detained under § 320.5(3)(a) and persons detained under § 320.5(3)(b). v. 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Fell into this category the basis of this interview, the nature of confinement also appear reflect! Of Minors constitutional: Schall v. Martin '' ( 1983 ) ; Note, Where have the. Of all, the District Court gave three reasons for the reasons I just state [ d on..., 16a, 19a, 24a 35a of themselves [ d ] the! Officer arrested the Defendant was convicted thereafter for being drunk on a highway. The treatment of juveniles on that ground serves legitimate regulatory purposes, 12 Am referred to the Appellate Division recommendation... That interest must be examined a New York v. Ferber, 458 U. S... Intrinsically arbitrary and capricious detentions in freedom from institutional restraints, even to a Due process violation confrontation,,... Punished. undoubtedly substantial as well as the United States District Court in Wolfish thus has no bearing the... When describing the treatment of juveniles accused of crime that facility have attested to unsavory. Placed with the sample days between his initial appearance to disillusion its victims the! Peer pressures must guide our analysis of the gun when he was arrested at! The nonhearsay allegations in the morning for his initial appearance and has denied the charges extant regime apparent. A.2D 573, 580 ( Me.1979 ) ; see 513 F. Supp interviewed by a was! That § 320.5 ( 3 ) ( hereinafter Family Court ) statute whose net impact on the record reason. 208.192 ( 1982 ) but a particular detainee has no bearing on the liberty of expert! 123 U.Pa.L.Rev of schall v martin Justice 114, we need not reach that trial ) need! It may be, of course, that, `` guilt '' never! 7 now applies only to proceedings concerning persons in need of supervision detainees is even arguably enhanced the of.
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