The JJDP Act Core Requirements

___________ CJCA New Directors Seminar August 4, 2011 Elissa Rumsey Compliance Monitoring Coordinator USDOJ/OJJDP The JJDP Act Core Requirements

The JJDP Act -Landmark Federal Legislation. -Provides standards (“Core Requirements”) so youth taken into custody are treated uniformly.-Creates funding mechanism for participating States to comply. 2

Compliance Monitoring Coordinator’s RoleVis-à-Vis the JJDP Act -Interpret the law. -Oversee Implementation of JJDPA at State and local level.-Inform law enforcement as to what the JJDPA requires.-Ensure compliance with the JJDPA on behalf of youth. 3

Compliance Monitoring Coordinator’s RoleVis-à-Vis the JJDP Act -Review and Assess Annually State Compliance Data (n=56). -Audit State Compliance Monitoring Systems for Effectiveness.-Provide Training and Technical Assistance to State and local law enforcement officials.-Intensive Assistance in Nonparticipating and Noncompliant States. 4

Why Should States ComplyWith the Federal Law? Receiving a full Federal Formula Grant allocation is contingent on meeting all four Core Requirements and maintaining an Adequate Compliance Monitoring System. The Core Requirements are grounded in research re: best practice for youth in custody. Law provides avenue to inspect a large range of law enforcement facilities to ensure appropriate handling of youth. 5

Why Should Facilities Comply With the Federal Law? Prevent litigation. When separation is achieved and inappropriate kids are not securely detained, lessens monitoring required and lessens risk of injury to youth (e.g., assault and suicide). Most states have law similar to JJDP Act so facilities should be poised for compliance. 6

Why Should Facilities Comply With the Federal Law? (cont’d) Research demonstrates that the Core Requirements are best practice regarding children and custody. State receives Formula Grant funds, which can result in important juvenile services being funded in local communities. Fewer children in custody result in fewer problems for adult facilities 7

What Exactly Must Facilities Comply With?The JJDP Act Core Requirements Deinstitutionalization of Status Offenders—1974 Separation—1974 Jail Removal—1980 Disproportionate Minority Confinement/Contact*—1988/2002 8

What Exactly Must Facilities Comply With? (cont’d) Many States have legislation similar to the JJDP Act core requirements. Knowledge of State code critical. Emphasize commonalities in State and Federal law. 9

Adult Lockups (e.g. police departments) Adult Jails Juvenile Detention Centers Court Holding Facilities Juvenile Training Schools Group Homes Mental Health Facilities Collocated Facilities What Facilities are covered by the JJDP Act? 10

Core Requirements in Depth Deinstitutionalization of Status Offenders Sight and Sound Separation Jail Removal 11

DSO Sec. 223 (a)(11) “…Juveniles who are charged with or who have committed an offense that would not be criminal if committed by an adult…shall not be placed in secure detention facilities and secure correctional facilities…and juveniles who are not charged with any offense; and who are aliens; or alleged to be dependent, neglected or abused…shall not be placed in secure detention or correctional facilities.” 12

DSO Sec. 223 (a)(11) A status offender is a juvenile offender who has been charged with or adjudicated for conduct that would not be a crime if committed by an adult. A nonoffender is a juvenile who is subject to the jurisdiction of the juvenile court, usually under abuse, dependency, or neglect statutes, for reasons other than legally prohibited conduct of the juvenile. Status offenders and nonoffendersshould not be placed in secure custody. 13

DSO—Sec. 223 (a)(11) Status Offenses/Examples Runaway Ungovernable/incorrigible Curfew violation Truancy Traffic violations civil in nature* 14

DSO—Section 223(a)(11) Nonoffenses/Examples Child abuse and neglect Immigration violations (“aliens”) Danger to self or others (mental health) Abandonment 15

DSO—Sec. 223 (a) (11) Regulatory & statutory exceptions for the placement of status offenders in secure juvenile facilities: 1. 24 hours for processing and release to parent, or prior to and following an initial court appearance (exclusive of weekends and holidays). (Regulation) 2. Youth found to have violated a Valid Court Order (VCO). (Statute) 16

DSO—Sec. 223 (a) (11) Four exceptions for the placement of status offenders in secure juvenile facilities (cont’d): 3. Out-of-State runaways (when Interstate Compact is used) (Statutory) 4. Handgun exception (Statutory) 17

DSO—Sec. 223 (a)(11) The 24-hour exception (Regulatory): May be used for the purposes of identification, investigation, release to parents, or transfer to a nonsecure program. May also be used immediately prior to and/or following an initial court appearance (exclusive of weekends and holidays). Applies only to accused status offenders, not adjudicated status offenders and not nonoffenders. 18

DSO—223(a)(11) State must have law allowing secure detention of status offenders who violate VCOs. The VCO is not applicable to nonoffenders. The State must train court and facility staff to ensure that all VCO standards are met (i.e., due process is afforded, interviews occur within 24 hours, hearing within 48 hours). State must annually review a minimum of 10 percent of all VCO cases to ensure they meet VCO standards. State must projectand report as DSO violations those cases that do not meet VCO standards. 2. VCO Exception (Statutory) 19

DSO—223(a)(11) 3. Out-of-State Runaways (Statutory) Interstate Compact—State must be a member. Out-of-State runaways held pursuant to the Interstate Compact may be securely detained in a juvenile facility indefinitely. 20

DSO—223(a)(11) 4. Youth Handgun Safety Act (Statutory) Prohibits possession of a handgun by a minor under 18. Youth who violate the Youth Handgun Safety Act or a similar law are considered delinquent offenders. These youth may be placed in secure detention or correctional facilities. 21

How many violations can a State have and still remain compliant with DSO?Please see 1981 Federal Register for further details. De Minimis Standards 22

Note: JJDP Act requires States found out of compliance with any Core Requirement to lose 20 percent of their Formula Grants allocation. The remaining 50 percent of the Formula Grants allocation must be spent to bring the State back into compliance with the core requirement noncompliance has been determined.. 23

Separation: Section 223(a)(12) Juveniles alleged to be or found to be delinquent [and status offenders and nonoffenders] will not be detained or confined in any institution in which they have contact with adult inmates. 25

Jail RemovalSection 223(a)(13) “No juvenile shall be detained or confined in any jail or lockup for adults.” 28

Jail RemovalSection 223(a)(13) [cont’d] Does not apply to juvenile facilities or adult prisons. 29

Jail RemovalSection 223(a)(13) [cont’d] Adult Jail: A locked facility, the purpose of which is to detain adults charged with violating criminal law, pending trial. Also those facilities used to hold convicted adult criminal offenders sentenced for less than one year. 30

Jail RemovalSection 223(a)(13) [cont’d] Adult Lockup: Similar to an adult jail, except that an adult lockup is generally a municipal or police facility of a temporary nature that does not hold persons after they have been formally charged. 31

Now That We Know the Core Requirements… What is an “Adequate” System for Compliance Monitoring? Where Can I Read More About This? Is This Requirement Statutory? 32

Adequate System of Compliance Monitoring Section 223(a)(14) of the JJDP Act: All participating States must, “provide for an adequate system of monitoring jails, detention facilities, correctional facilities, and nonsecure facilities to ensure that the requirements of paragraph (11), paragraph (12), and paragraph (13) are met, and for the annual reporting of the results of such monitoring to the [OJJDP] Administrator.” 33

Monitoring Juvenile Facilities What Juvenile Facilities Need Monitoring? Juvenile Detention Centers Juvenile Training Schools Group Homes Youth Mental Health Facilities 34

Note! Juvenile Detention Centers and Juvenile Training Schools are theprimary youth facilities needing monitoring. This is where the majority of juveniles are detained and thus where the majority of the data will be. 35

Which Core Requirements Apply to Secure Juvenile Facilities? Deinstitutionalization of Status Offenders Jail Removal Sight and Sound Separation 36

Which Core Requirements Apply to Adult Jails and Lockups? Deinstitutionalization of Status Offenders Jail Removal Sight and Sound Separation 37

Resources:1. State juvenile justice specialist2. State compliance monitor3. Federal “State Representative”4. www.ojjdp.gov – click on “state contacts” to find out who is your JJ Specialist/State compliance monitor/Federal “State Representative” 38

Questions?Thank you.Elissa.Rumsey@usdoj.gov 39

The JJDP Act Core Requirements