J.D. v. State

853 N.E.2d 945, 2006 Ind. LEXIS 817
CourtIndiana Supreme Court
DecidedSeptember 12, 2006
DocketNo. 49S04-0508-JV-356
StatusPublished
Cited by12 cases

This text of 853 N.E.2d 945 (J.D. v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
J.D. v. State, 853 N.E.2d 945, 2006 Ind. LEXIS 817 (Ind. 2006).

Opinion

SULLIVAN, Justice.

In this delinquency case, J.D. was sentenced to a fixed term of one year. He seeks credit against that one-year term for the 35 days he was confined prior to sentencing. We hold that requiring credit for the time a juvenile has spent in pre-dispo-sition confinement would impermissibly impinge upon the juvenile court’s broad authority to fashion dispositional alternatives.

Background

Fifteen-year-old J.D. was arrested and alleged to be a delinquent child for committing acts that, if committed by an adult, would constitute burglary, theft, and resisting law enforcement. He already had two unrelated prior adjudications of delinquency for acts that would have been felonies if committed by an adult. He was confined in the county juvenile detention center. Thirty-five days later, all of which J.D. spent in confinement, he admitted to the act that would constitute burglary. In return, the State dismissed the remainder of the allegations.

As recommended by the State, the trial court concluded J.D. was eligible to be [946]*946sentenced under Indiana Code section 31-37-19-10 (described in footnote 3 below) and ordered J.D. to serve a one-year determinate sentence. J.D. then requested time-served credit for the 35 days he was detained prior to sentencing. The trial court denied J.D.’s request, and the Court of Appeals affirmed. J.D. v. State, 826 N.E.2d 146 (Ind.Ct.App.2005). We granted transfer. 841 N.E.2d 181 (Ind.2005).

Discussion

When a child under the age of 18 is alleged to have committed an act that would constitute a crime if committed by an adult, the General Assembly has mandated that the child’s case proceed in accordance with law and procedures that we refer to in this opinion as the “Juvenile Code.” While the Juvenile Code has a vocabulary all its own and is distinct in many other respects from the law and procedures applicable to adults charged with crimes, it nevertheless intersects at various points with criminal statutes applicable to adults. From time to time, a case arises at one of those points of intersection. For example, several years ago we were presented with a case that required us to evaluate whether certain language in the Juvenile Code dealing with repeat offenders should be interpreted in the same way as similar language that appeared in criminal statutes applicable to adults. See N.D.F. v. State, 775 N.E.2d 1085, 1089 (Ind.2002) (holding that the law interpreting habitual offender provisions in the adult criminal statutes did not govern interpretation of similar language in the Juvenile Code).

The case before us today also arises at a point of intersection between the Juvenile Code and criminal statutes applicable to adults. It asks whether certain language that appears in criminal statutes applicable to adults concerning credit time for pretrial confinement also applies to juvenile offenders.

J.D.’s argument is a relatively straightforward syllogism:

1. A criminal statute applicable to adults, Indiana Code section 35-50-6-3, provides that a person imprisoned for a crime is entitled to credit time for each day the person was confined awaiting trial or sentencing.
2. There are no references in the Juvenile Code to credit time and a provision in the Juvenile Code, Indiana Code section 31-32-1-1, specifies that in juvenile delinquency cases, the “procedures governing adult criminal trials” apply in all matters not covered by the Juvenile Code.
3. J.D. is entitled to credit time for the 35 days he was confined awaiting sentencing.

The response of the Court of Appeals to this argument was also straightforward. It reasoned that because the credit time statute was “substantive,” not “procedural,” Indiana Code section 31-32-1-1— which applies only to “procedures” — did not operate to import the credit time provisions of Indiana Code section 35-50-6-3 into the Juvenile Code. J.D., 826 N.E.2d at 147.

We reach the same result as the Court of Appeals but our analysis takes a somewhat different route.

First of all, we agree with the Court of Appeals that Indiana Code section 35-50-6-3 provides substantive rights and is not, therefore, incorporated into the Juvenile Code by operation of Indiana Code section 31-32-1-1. However, we do not think that disposes of the heart of J.D.’s claim. What J.D. seeks is credit against his one-year sentence for the 35 days he was confined prior to the date of his sentencing. That is, he seeks “credit for time [947]*947served” — the- credit toward the sentence a prisoner receives for time actually served. As Purcell v. State explained, credit for time served is different from “good time credit” — the additional credit a prisoner receives for good behavior and educational attainment. 721 N.E.2d 220, 222 (Ind.1999). The rights provided a prisoner by Indiana Code section 35-50-6-3 are rights to good time credit; that statute simply does not speak to the right to credit for time served.1

We believe that the inherent differences, between the juvenile delinquency and adult criminal justice systems dictate that a juvenile offender is not entitled to credit for time served in detention prior to sentencing. A key feature of the Juvenile Code is the broad range of alternatives a juvenile court judge has available once a child has been found by the court to be “a delinquent child,” i.e., to have committed an act that would be a crime if committed by an adult. In the vocabulary of the Juvenile Code, these alternatives are called “dispositions” and the judge enters a “disposi-tional decree” (rather than a sentencing order). In its dispositional decree, depending upon the circumstances of the particular case, the court can, e.g., order supervision of the child by the probation department, order “wardship” of the child to the Department of Correction (“DOC”), or order confinement in a juvenile detention center, as well as order various other sanctions and treatment. See Ind.Code §§ 31-37-19-5, 31-37-19-6, 31-37-19-8, 31-37-19-9 & 31-37-19-10 (2004).

In a case several years ago, Justice Rucker explained the Legislature’s purpose in providing such flexibility in disposi-tional alternatives to juvenile judges:

Our legislature has declared that it is the policy of this State and the purpose of our juvenile code to “ensure that children within the juvenile justice system are treated as persons in need of care, protection, treatment, and rehabilitation.” I.C. § 31-10-2-1(5). This policy is grounded in the Progressive Movement of the late 19th and early 20th .centuries, when American society rejected treating juvenile law violators the same as adult criminals in favor of individualized diagnosis and treatment. State ex rel. Camden v. Gibson Cir. Ct., 640 N.E.2d 696, 697 (Ind.1994). Consequently, a juvenile court judge:

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Bluebook (online)
853 N.E.2d 945, 2006 Ind. LEXIS 817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jd-v-state-ind-2006.