State Advisory Group (SAG) New Member/Refresher Training April 21, 2010 Arkansas State Advisory Group

1. State Advisory Group (SAG) New Member/Refresher TrainingApril 21, 2010Arkansas State Advisory Group Sponsored by U.S. Department of Justice Office of Juvenile Justice and Delinquency Prevention (OJJDP) Administered through the SAG Training Grant under cooperative agreement #2007–MU–MU–0003.

2. Training Objectives As a result of this training, participants will gain knowledge regarding: • Key events in the history of juvenile justice • Components of the Juvenile Justice and Delinquency (JJDP) Act • Roles and responsibilities of SAG members • Overview of the Three Year Plan • Core Requirements of the JJDP Act • Juvenile justice funding streams and program resources • How to effectively utilize performance measurement • How SAG members can impact juvenile justice in their state

3. Welcome, Introductions, and Overview

4. History of Juvenile Justice, the JJDP Act, and the Role of the State Advisory Group

5. History of Juvenile Justice • The first juvenile court in this country was established in 1899 in Cook County, Illinois. • Juvenile courts flourished for the first half of the 20th century. • By 1910, 32 States had established juvenile courts, probation services, or both. • For the next 50 years, juvenile courts had exclusive original jurisdiction over all youth under age 18.

6. Key Juvenile Court Cases • 1966 – Kent v. U.S. • 1967 – In re Gault • 2005 – Roper v. Simmons

7. Juvenile Justice Legislation • The Juvenile Delinquency Prevention and Control Act of 1968 • The Juvenile Justice and Delinquency Prevention (JJDP) Act of 1974 • Establishment of the Office of Juvenile Justice and Delinquency Prevention (OJJDP) • The 1980, 1988, and 1992 Amendments to the 1974 Act • The JJDP Act of 2002

8. OJJDP’s Mission “The mission of OJJDP is to provide national leadership, coordination, and resources to prevent juvenile victimization and respond appropriately to juvenile delinquency.”

9. The JJDP Act of 1974 created a Federal-State Partnership • Each state must designate a State agency responsible for developing the State Plan • Each state must establish a State Advisory Group

10. The JJDP Act of 1974 and Non-Participating States • Section 223(d) of the JJDP Act indicates that if a State chooses not to “submit a plan” the funds will be made available to “local public and private nonprofit agencies to carry out the required Formula Grant activities. • This is VOA in Wyoming (except the SAG)

11. Roles and Responsibilities of SAG Members

12. C. SAG Membership Elements • Appointed by the governor. • 15 to 33 members. • One fifth under age 24 (when appointed). • Three members who have been, or currently are, under the jurisdiction of the juvenile justice system. • A majority of the members shall not be full-time government employees (including the Chair). • At least one locally elected official.

13. Specified SAG Roles and Responsibilities • Participate in the development of the State Plan. • Advise the Chief Executive and the Legislature on compliance with the Core Requirements of the JJDP Act. • Obtain input from juveniles currently under the jurisdiction of the juvenile justice system. • Review and comment on grant proposals. • Monitor programs.

14. Inherent Responsibilities of SAG Members

15. Inherent Responsibilities of the SAG Advocate, Impact, & Influence: • Policy • Procedures • System Change • Reform

16. Inherent Responsibilities of the SAG • Advocate for goals of the JJDP Act. • Be knowledgeable about state and federal juvenile justice laws. • Be an active SAG participant. • Understand the flow of the juvenile justice system in Arkansas.

17. Inherent Responsibilities of the SAG • Be familiar with facilities and programs in Arkansas. • Know your state and federal representatives and their staff. • Review the Executive Order for the SAG. • Can be a member of the Federal Advisory Committee. • Know whether your SAG is a decision making or advisory entity. • Develop a SAG Annual Report

18. SAG Roles and Responsibilities Small Group Activity

19. JJDP Act: Core Requirements

20. Four Core Requirements • Deinstitutionalization of Status Offenders Section 223(a)(11) • Sight and Sound Separation Section 223(a)(12) • Jail Removal Section 223(a)(13) • Disproportionate Minority Contact (DMC) Section 223(a)(22)

21. Core Requirement 1. Deinstitutionalization of Status Offenders (1974)* Juveniles who are charged with or who have committed an offense that would not be criminal if committed by an adult or such non-offenders as dependent or delinquent children, shall not be placed in secure detention facilities or secure correctional facilities. * This refers to the year of the JJDP Act.

22. Core Requirement 1. (cont’d) DSO – Section 223(a)(11) Status Offenses/Examples • Runaway • Ungovernable/incorrigible • Curfew violations • Truancy • Possession of alcohol as a minor • Possession of tobacco as a minor • Traffic violations civil in nature

23. Core Requirement 1. (cont’d) DSO – Section 223(a)(11) Status Offenses/Examples • Child abuse and neglect • Immigration violations (aliens) • Danger to self or others (mental health) • Abandonment

24. Core Requirement 2. Sight and Sound Separation (1974)* Juveniles alleged to be or found to be delinquent, status offenders, and non-offenders will not be detained or confined in any institution in which they have contact with adult inmates. *This refers to the year of the JJDP Act.

25. Core Requirement 2. (cont’d) Sight and Sound Separation (1974) Contact is defined to include any physical or sustained sight and/or sound contact between juvenile offenders in secure custody status and incarcerated adults, including inmate trustees.

26. Core Requirement 3. Jail Removal (1980)* No juvenile shall be detained or confined in any jail or lockup for adults. This request does not apply to juvenile facilities or adult prisons. * This refers to the year of the JJDP Act.

27. Core Requirement 3. (cont’d) Adult Jail What is it? A locked facility, the purpose of which is to detain adults charged with violating criminal law, pending trial. These facilities are also used to hold convicted adult criminal offenders sentenced less than a year.

28. Core Requirement 3. (cont’d) Adult Lock-up What is it? Similar to an adult jail, except that an adult lock-up is generally a municipal or police facility of temporary nature which does not hold persons after they have been formally charged.

29. JAIL REMOVALSection 223(a)(13) (cont’d) Jail Removal Exceptions: • Six-Hour Rule • Court Appearance Hold • III. Rural Exception • IV. Transferred, Certified, Waived, or Direct File Youth

30. JAIL REMOVALSection 223(a)(13) (cont’d) An alleged delinquent may be detained for up to six hours, while separate from adults, for the purposes of identification, processing, and arranging for release to parents or transfer to juvenile court officials or juvenile shelter or detention facilities. I. Six-Hour Rule of Reason

31. JAIL REMOVALSection 223(a)(13) (cont’d) • An alleged or adjudicated delinquent may be detained, while separate from adults, for up to six hours before and after a court appearance. • This hold must be related to a court appearance. II. Six-Hour Court Appearance Hold

32. JAIL REMOVALSection 223(a)(13) (cont’d) III. Rural Exception • An accused juvenile criminal-type offender may be detained up to 48 hours (excluding weekends and holidays) in an adult jail or lockup, if certain conditions are met. • This hold must be related to a court appearance.

33. IV. Transferred, Waived, Certified and Direct File Youth JAIL REMOVALSection 223(a)(13) (cont’d) • Juveniles who have been transferred to adult court and against whom criminal felony charges have been filed do not fall under the auspices of the JJDP Act for jail removal and separation requirements within jails and lockups. • These juveniles are subject to State law.

34. Address juvenile delinquency prevention efforts and system improvement efforts designed to reduce, without establishing or requiring numerical standards or quotas, the disproportionate number of juvenile members of minority groups who come into contact with the juvenile justice system. Core Requirement 4. Disproportionate Minority Contact (1988)*

35. SAG and Compliance Monitoring • Submission of the Annual Report • Facility Visitation • Approval of CM Determination Report • Compliance Monitoring Subcommitee

36. SAG Annual Report • JJDP Act - 42 U.S.C. 5633[Sec. 223(a)(D)(ii)] State Plans “shall submit to the chief executive officer and the legislature of the state at least annually recommendations regarding state compliance with the requirements of paragraphs (11), (12), and (13)….”

37. SAG Annual Report (cont’d) • Required: • Include required recommendations regarding Core Requirements: • DSO • Separation • Jail Removal • Best Practices • Consider specifying the due date for the annual report in your bylaws or Executive Order. • Include information on DMC efforts. • Highlight grant activities by funding source.

38. Four Core Requirements (Protections) Small Group Activity 38 38

39. Overview of the Three-Year Plan

40. Three-Year State Plan To receive Formula Grants, a state must submit a Comprehensive Three-Year Plan. The SAG shall participate in the development, review, and approval of the plan. This plan must be updated annually in accordance with the state’s identified priorities.

41. Where Do We Begin? • Review the last Three-Year Plan and the last two updates. • Collect data. • Plan a SAG retreat or meeting.

42. Required Contents of the Three-Year Plan • SF424 and Budget Summary • State Advisory Group Composition • Technical Assistance Needs • Staff of the Formula Grants Program • Analysis of Juvenile Crime Problems and Needs • Program Description • Plans for Compliance, DSO, Separation, and Jail Removal • Plans for Addressing DMC • Certifications Regarding Lobbying, Debarment, etc.

43. Three-Year Plan A SAG Strategic Plan: One way of supporting the development of the Three-Year Plan

44. Three-Year Planning Cycle (one version)

45. Juvenile Justice Funding Streams and Program Resources

46. 2. President drafts budget 1. Taxes are paid by us… 5. Funds are released to designated state agencies of qualifying states for distribution at the local level. 3. Congress reviews and appropriates funds OJJDP and other agencies input on budget development, draft budget. 4. Funds go toOJJDP and many other agencies. 4. Funds go fromOJJDP to various programs—including Title II Formula Grants, Title V, and Discretionary Grants. How Juvenile Justice Funding Flows

47. What FY 2010 Funding Looks Like in Wyoming

48. Title II Formula Grants Allocation Up to 10 percent of initial award for planning and administration. Other: Native American pass-through amounts vary according to each state Five percent of the minimum state allotment is available to assist the SAG. A minimum of 66 2/3 of remaining funds must be passed through to programs to address juvenile delinquency prevention and intervention.

49. Title V – Community Prevention Grants Program • Community-based approach to delinquency prevention. • Focus on reducing risks and enhancing protective factors. • Organizes community leaders to collect and analyze community risk and resource data. • Must be in compliance with core requirements. • Must have a prevention policy board.

50. Juvenile Accountability Block Grant Program (JABG) • States are required to pass through 75 percent of award to eligible units of local government, absent a waiver from the OJJDP Administrator. • Document efforts to implement a system of graduated sanctions for juvenile offenders. • Assist states, local government and communities to implement accountability-based programs. • Holds both the youth and the juvenile justice system accountable.