Ex Parte REC

678 So. 2d 1041, 1995 WL 560029
CourtSupreme Court of Alabama
DecidedSeptember 22, 1995
Docket1930922
StatusPublished

This text of 678 So. 2d 1041 (Ex Parte REC) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ex Parte REC, 678 So. 2d 1041, 1995 WL 560029 (Ala. 1995).

Opinion

678 So.2d 1041 (1995)

Ex parte R.E.C.
(Re R.E.C. v. State).

1930922.

Supreme Court of Alabama.

September 22, 1995.

Michael A. Dasinger III of Hoiles & Dasinger, P.C., Robertsdale, for Petitioner.

Jeff Sessions, Atty. Gen., and Cedric B. Colvin, Deputy Atty. Gen. for Respondent.

Edwin L. Yates and Robert D. Drummond, Jr., Montgomery, for Amicus Curiae A.W.

William J. Samford II, Mt. Meigs, for Amicus Curiae Department of Youth Services.

COOK, Justice.

In this case of first impression, we issued a writ of certiorari to the Alabama Court of Criminal Appeals to review that court's judgment (by unpublished memorandum) affirming an order of the Juvenile Court of Baldwin County committing R.E.C. to the Alabama Department of Youth Services until a date certain. R.E.C. v. State, 655 So.2d 62 (Ala. Cr.App.1994) (table). We reverse and remand.

Several delinquency petitions were filed against R.E.C. in the Baldwin County Juvenile Court, charging him with (1) reckless endangerment, (2) second-degree assault, (3) attempting to elude a police officer, (4) firstdegree criminal mischief, (5) reckless driving, and (6) unauthorized use of a motor vehicle. On June 9, 1993, a trial was conducted on the charge of unauthorized use of a motor vehicle, the juvenile having previously admitted all other charges. At the conclusion of that trial, the trial judge adjudicated R.E.C. to be delinquent and stated:

"I'm going to commit him to the Alabama Department of Youth Services. He is subject to `serious juvenile offender' adjudication. I'm not going to adjudicate him as a serious juvenile offender, but I'm going to order that he not be released prior to March 23, 1994. In the event that they do disregard this court's order and release him prior to that date, he will be returned to the Baldwin County Juvenile Detention Facility.
". . . .
"That's his birthday. He will be 18."

The Court of Criminal Appeals affirmed the adjudication and approved the term of *1042 commitment. After we granted R.E.C.'s petition for certiorari review of the judgment of the Court of Criminal Appeals, additional briefs were filed by two amici curiae, including the Alabama Department of Youth Services ("DYS"); DYS requested oral argument. The other amicus was A.W., a plaintiff-representative in a class action in the United States District Court for the Middle District of Alabama, in which the plaintiffs sought to remedy alleged deficiencies in DYS's "statutorily] required" provision of "rehabilitative ... care, services, safety, and facilities." Brief of Amicus Curiae A.W., at 4. Subsequently, the parties and the amici presented oral arguments.

R.E.C. contends that the juvenile court had no authority to commit him for a term certain. The parties concede that the resolution of this issue turns on the construction of specific statutory provisions, including the Alabama Juvenile Justice Act, Ala.Code 1975, §§ 12-15-1 to -176 (the "Act"). Particularly applicable is § 12-15-71, which provides in pertinent part:

"(c) If a child is found to be delinquent or in need of supervision, the court may make any of the following orders or dispositions for the child's supervision, care, and rehabilitation:
"(1) Permit the child to remain with the child's parents, guardian, or other custodian, subject to the conditions and limitations the court may prescribe;
"(2) Place the child on probation under conditions and limitations the court may prescribe;
"(3) Transfer legal custody to any of the following: "a. The Department of Youth Services, with or without a commitment order to a specific institution;
". . . .
"(4) Make any other order as the court in its discretion shall deem to be for the welfare and best interests of the child, including random drug screens, assessment of fines not to exceed $250, and restitution against the parent, guardian, or child, as the court deems appropriate....
"(5) Direct the parent or custodian of the child to perform such reasonable acts as are deemed necessary to promote the best interest of the child."

The State contends that § 12-15-71(c)(4), which authorizes the juvenile court to issue "any other order as the court in its discretion shall deem to be for the welfare and best interests of the child" (emphasis added), confers upon the juvenile court discretionary power to order a determinate commitment. R.E.C. construes § 12-15-71(c)(4) more narrowly than does the State. He contends that in the case of a juvenile adjudicated delinquent this provision and similar provisions do not confer on the juvenile court the authority to commit the juvenile for a time that is definite and stated in the committing order; he contends that, to make such an order, the court must make an adjudication finding the juvenile to be a "serious juvenile offender."[1] He bases his contention on the argument that a determinate commitment (1) violates the purpose of the Juvenile Justice Act and (2) impinges upon the discretion of DYS. We shall address those contentions in Parts I and II, respectively.

I.

Drawing a distinction between "punishment" and "rehabilitation," R.E.C. contends that the focus of the Act is rehabilitative, not retributive, and that a determinative commitment like the one ordered in his case is "essentially a punitive sentence," which, he insists, with the exception of the sections specifically applicable to "serious juvenile offenders," the Act "[does] not authorize." Brief and Argument in Support of Petition for Writ of Certiorari, at 14. The State, by contrast, construes § 12-15-71(c)(4) broadly enough to authorize the juvenile court to "provide for some measure of punishment in fashioning its [commitment] order."

In our view, R.E.C. places too much emphasis on the distinction he perceives between "rehabilitation" and "punishment." To be sure, this Court has, as R.E.C. points out, *1043 stated that "the intent of the Juvenile Justice Act is not punitive but rehabilitative." Ex parte S.F.R., 598 So.2d 1006, 1008 (Ala.1992). However, that case does not stand for the proposition that a determinate sentence is inimical to the concept of rehabilitation. On the contrary, the issue in that case was whether a serious juvenile offender, having received a mandatory one-year term of commitment, was entitled to credit for time spent in precommitment detention. Id. at 1007. Thus, Ex parte S.F.R. was decided within the context of a determinate commitment.

We agree that the Act aims to rehabilitate, but we assign particular significance to its two-fold statement of purpose, one of which "is to facilitate the care, protection and discipline of children who come within the jurisdiction of the juvenile court." Section 12-15-1.1 (emphasis added). "`Discipline' (as a noun) signifies `punishment; ... retribution for an offense, especially in a subordinate;... control gained by enforcing obedience or order.' As a verb, it means `to chastise, to impose a penalty upon.'" Federal Labor Union 23393, American Federation of Labor v. American Can Co., 28 N.J.Super. 306, 100 A.2d 693, 695 (1953) (quoting Webster's New International Dictionary (2d ed.)). Moreover, rehabilitation is one of the goals of punishment. Williams v.

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Related

Glen Dale Castle v. United States
399 F.2d 642 (Fifth Circuit, 1968)
Williams v. State
420 So. 2d 91 (Court of Criminal Appeals of Alabama, 1982)
Locke v. Wheat
350 So. 2d 451 (Supreme Court of Alabama, 1977)
Federal Labor Union 23393 v. American Can Co.
100 A.2d 693 (New Jersey Superior Court App Division, 1953)
S.F.R. v. State
598 So. 2d 1006 (Supreme Court of Alabama, 1992)
R.E.C. v. State
678 So. 2d 1041 (Supreme Court of Alabama, 1995)

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Bluebook (online)
678 So. 2d 1041, 1995 WL 560029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-rec-ala-1995.