One gateway to EJJ is an unsuccessful attempt to certify a youth.
A third gateway to EJJ status arises when a prosecutor charges a youth sixteen or seventeen years of age with a presumptive-certification offense and designates the case as an EJJ prosecution automatically without any further judicial review (Option 2, Table 1).
Finally, the legislation provides a fourth gateway to EJJ prosecution for other serious and younger offenders.
Regardless of the mechanism by which a county attorney commences an EJJ prosecution, an EJJ youth receives greater procedural protections than those available in ordinary juvenile delinquency prosecutions, including the right to a jury trial.
57) The EJJ statute distinguishes between findings of guilt on a lesser-included, non-presumptive-commitment offense after trial and after a guilty plea.
The legislature "regarded an EJJ prosecution as `one last chance at success in the juvenile system' and discussed how to prevent `one last chance' from becoming two, or three, or four more chances.
64) To avoid stretching "one last chance" into several chances and thereby diminishing the significance of an EJJ designation, however, the legislature strengthened probation revocation procedures for presumptive certification or prosecutor-designated EJJs.
Although provisions to revoke probation and execute the adult sentences are essential elements of the EJJ status, some [proponents of the law] feared that many youths might enter adult correctional facilities through this procedural back door.
Hennepin County is the most populous county in the state, experiences the largest volume and rate of youth crime, and accounts for about one-third of all of the EJJ and certification cases in Minnesota.
Our data begins at the point at which the prosecuting attorney decides to file either an EJJ motion or a certification motion in conjunction with a delinquency petition.