HOW PROGRAM WAS DEVELOPED

The Shelby County Youth Court was birthed out of a collaborative relationship between Memphis-Shelby County Schools and Juvenile Court of Memphis and Shelby County. The blueprint for how the program should be structured is all laid out in Tennessee Code Title 37. Juveniles § 37-1-702. It says in part, “(a) Any juvenile court judge is authorized to establish a teen court program pursuant to this part.  In a jurisdiction in which there are multiple juvenile court judges, each judge may establish a teen court program.  In any jurisdiction in which a teen court program is established, a teen charged with an offense specified under this part may receive a deferred judgment, a condition of which is successful completion of the teen court program.  As a part of such program, the teen shall receive a disposition recommended by a five-member teen court and confirmed by the juvenile court judge.  The teen court shall be held at a place to be determined by the local juvenile court judge.”

The code further stipulates which matters may be heard and they are:

(A) Assault, § 39-13-101 ;
(B) Burglary, § 39-14-402 ;
(C) Theft of property, § 39-14-103 ;
(D) Vandalism, § 39-14-408 ;
(E) Forgery, § 39-14-114 ;
(F) Cruelty to animals, § 39-14-202 ;
(G) Unauthorized use of vehicle, § 39-14-106 ;
(H) Criminal attempt, § 39-12-101 ;
(I) Disorderly conduct, § 39-17-305 ;
(J) Harassment, § 39-17-308 ;
(K) Criminal trespass, § 39-14-405 ;
(L) Traffic offense, § 37-1-146 ;
(M) Runaway, § 37-1-102(b)(23) ;
(N) Truancy, § 37-1-102(b)(23)(A)(i) ;
(O) Violation of curfew, § 39-17-1702 ;
(P) Unruly, § 37-1-102(b)(23) ;
(Q) Violation of any of the following sections of the Tennessee Drug Control Act, compiled in title 39, chapter 17, part 4:

(i)  § 39-17-418(a) or (b) , relative to simple possession or casual exchange of a controlled substance;

(ii)  § 39-17-422(a) or (b) , relative to smelling or inhaling fumes of any glue, paint, gasoline, aerosol, chlorofluorocarbon gas or other substance containing a solvent having the property of releasing toxic vapors or fumes, or possessing any glue containing a solvent having the property of releasing toxic vapors or fumes for the purpose of smelling or inhaling fumes or vapors;

(iii)  § 39-17-426 , relative to possession of gentiana lutea, also known as jimsonweed, on the premises or grounds of any school;  or

(iv)  § 39-17-454 , relative to simple possession or casual exchange of a controlled substance analogue;

(R) Any criminal offense, status offense, violation, infraction or other prohibited conduct involving the possession, use, sale or consumption of any alcoholic beverage, wine or beer;  or

(S) A second or subsequent violation, within a one (1) year period, of § 39-17-1505 , regarding possession, purchase or acceptance of tobacco products, or offering false or fraudulent proof of age for the purpose of purchasing or receiving any tobacco product;

(2) The teen will benefit more from participation in the teen court and any disposition that may be recommended than from any other disposition that may be imposed;

(3) The teen, in the presence of at least one (1) of the teen's parents or guardian, has executed an informed waiver of rights, including any right to have an attorney present at the dispositional stage;  and

(4) The particular case does not have any special circumstances, such as suspected mental illness or developmental disability of the teen, or special needs of the victim of the offense, that make the case inappropriate for referral to the teen court.