Juvenile Court Sentencing Options

Juvenile courts have a wide range of sentencing options—usually called "disposition orders"—that they can impose on juveniles or youth offenders who are found to be "delinquent" for violating a criminal law.

Different Types of Juvenile Delinquency Dispositions (Sentences)

Typically, juvenile disposition options fall into two camps: incarceration and non-incarceration. Juvenile judges generally have broad discretion when sentencing a delinquent juvenile. So a range of options falls under each type of disposition.

The juvenile justice system is supposed to focus heavily on rehabilitation, so locking up a juvenile tends to be used only for serious cases and as a last resort. Juvenile incarceration can also mean many things other than jail-like facilities.

More often, judges will impose non-incarceration dispositions that seek to instill accountability and help the juvenile get back on the right track. These options range from the traditional, like probation, to non-traditional options, such as educational programs on juvenile sexting.

What Is Juvenile Detention?

After adjudicating a juvenile as delinquent, a juvenile court may order incarceration as a penalty. But methods used to confine juveniles are often very different from those used in cases involving adult offenders (when jail and prison are the fallback options). Here are some ways that judges can order confinement for a juvenile who has been found delinquent:

Home arrest. The judge can order the minor to remain at home, with exceptions (attend school, work, counseling, and so on).

Placement outside the home. The judge can require that the minor live with someone other than a parent or guardian, such as a relative or in a group or foster home.

Juvenile detention facility. The judge can send the minor to a juvenile detention facility. These facilities are designed for short-term stays.

Probation after juvenile hall. Some minors are sent to a juvenile facility for a few months and are then put on probation afterward.

Secured juvenile facilities. These facilities are designed for longer-term stays. Juveniles can be sent to secured facilities (sometimes called "camps") for months or years.

Juvenile and adult jail. In some jurisdictions, judges can send delinquent juveniles to a juvenile facility, and then order transfer to an adult facility once the juvenile reaches the age of majority. When a minor is ordered to serve time in both a juvenile and adult facility, it's often called a "blended sentence."

What Are Non-Incarceration Options for Juveniles?

Juvenile court judges often have broad discretion to fashion a sentence or rehabilitation program that fits the needs of the minor. A disposition order may include options other than confinement, including:

Verbal warning. The sentence for the juvenile can be as simple as a verbal reprimand.

Fine or restitution. The minor may be required to pay a fine to the government or pay restitution to the victim (compensation for harm caused).

Loss of driving privileges. Especially for driving or DUI-related offenses, judges may revoke a teen's driver's license or permit. If a teen doesn't have a license, the judge can revoke their ability to apply for a license until a later date.

Counseling. Often, judges require juveniles to attend counseling as part of a disposition order.

Community service. Juveniles may be ordered to work a certain number of hours in service to the local community. Community service requirements can be tailored to the offense as well. For instance, a judge could order a juvenile to speak at schools about the dangers of drunk driving.

Electronic monitoring. Juveniles may be required to wear a wrist or ankle bracelet that verifies their location at all times.

Probation. Judges often order juveniles to enter probation after a delinquency finding. (More on probation next.)

In creating a disposition order, juvenile court judges can order any of the above options alone or in combination. For example, a delinquent minor might need to pay restitution, attend counseling, and perform community service as a penalty for one offense.

What Is Probation for Juvenile Offenders?

Probation is a program of supervision in which the minor's freedom is limited and activities restricted. Probation has been called the "workhorse" of the juvenile justice system.

Probation Terms for Juvenile Offenders

Specific terms of probation vary widely from jurisdiction to jurisdiction, and from case to case. Typically, a juvenile must obey both the general terms of probation and any additional requirements tailored to the particular case. The court usually expects that parents or guardians will help the juvenile fulfill the conditions of the probation order.

These conditions can include community service, attendance at a certain school, counseling, curfews, and orders that the juvenile not associate with certain individuals (as in cases involving suspected gang members). As part of probation, some juveniles must attend special day treatment programs that provide additional monitoring and educational services—including anger management classes, social skills building, and substance abuse education.

Probation Officers for Juvenile Offenders

A juvenile placed on probation is assigned to a probation officer who monitors the youth's compliance with the court's disposition order. The juvenile meets with the probation officer periodically (weekly or twice a month, for example), and the juvenile's parents or guardian must report any probation violations to the probation officer. In this way, the probation officer and the parents work together to help the juvenile fulfill the conditions of probation.

Probation Violations by Juveniles

If a juvenile is suspected of violating a probation condition, the probation officer notifies the court—usually by filing a "violation of probation" notice. If the judge finds that the minor has indeed violated the terms of their probation, the court can revoke the probation option and impose a harsher sentence—such as incarceration at a detention facility.

Can Juveniles Appeal Their Disposition Orders?

Just as adults can appeal a sentence handed down in criminal court, juveniles have the right to appeal (or ask a higher court to overturn) a juvenile court's disposition order after a delinquency finding.

Juveniles can also ask a court to modify an order if circumstances change—this is called a "post-disposition" change. Juvenile court judges have broad discretion to change their original orders in order to better serve the juvenile's needs and best interests. For example, a judge may order that the child change living arrangements if a better option becomes available.

Getting Legal Help for a Juvenile Offender

Juveniles have a right to a lawyer in juvenile delinquency proceedings. An attorney or public defender who works primarily on juvenile cases can be an essential asset to help you and your family navigate the juvenile justice system and protect the child's rights.