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Single order can have more than 1 disposition

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The Indiana Supreme Court has clarified juvenile caselaw, telling trial courts they can order a juvenile be committed to the Department of Correction and in the same order also require probation after release.

A unanimous decision came today in R.J.G. v. State of Indiana, No. 64S04-0809-JV-483, which originated in Porter Circuit's Juvenile Division and strikes at the how juvenile judges are able to craft sentences best suited for a particular child's case. R.J.G. was 15 years old in the spring of 2007 when he, after selling marijuana to a friend, pointed a loaded gun at that person. It accidentally discharged and shot that friend in the mouth. Police later recovered drugs and paraphernalia at his home, and he eventually pleaded guilty to felony criminal recklessness and misdemeanor marijuana possession.

Juvenile Judge Mary Harper concluded that he should be committed to the Indiana Boys School until age 18, followed by supervised probation that included counseling and community service until age 21. The juvenile appealed, arguing the juvenile court lacked jurisdiction to order both his DOC commitment and probation in the same order. The Court of Appeals affirmed that decision last year and held the juvenile court did have jurisdiction to order probation following commitment, despite its earlier decision in J.J.M. v. State, 779 N.E.2d 602, 607 (Ind. Ct. App. 2002). 

In J.J.M., the appellate panel decided that a juvenile court loses jurisdiction after ordering guardianship of a child to the DOC and it's not able to order probation on top of commitment.

"We think J.J.M. was incorrect on this point," Justice Ted Boehm wrote in this R.J.G ruling, finding that Indiana Code § 31-37-19-5 and 6 give juvenile courts the ability to order at least one disposition, potentially more. "Nothing prevents this from being accomplished in the same order. And there is no jurisdictional bar to ordering more than one disposition in the same order."

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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