Transcript Slide 1
Session I: ICJ and Secure Detention Presenters: Kari Rumbaugh (NE) Anne Connor (NV) Dale Dodd (NM) Maria Genca (CT) Rick Masters Objective This training will look at how ICJ Rules address secure detention and how to enforce the OJJDP exclusion with state judiciary. Serving Juveniles While Protecting Communities 2 Juvenile Justice and Delinquency Prevention Act (JJDPA) and the Deinstitutionalization of Status Offenders (DSO) Serving Juveniles While Protecting Communities 3 ICJ Rules Serving Juveniles While Protecting Communities 4 Voluntary & Non-Voluntary Returns ICJ Rules allow for the secure detention of nondelinquent runaways, accused status offenders, escapees, absconders and accused delinquents. Juveniles may be held for a maximum of 90 calendar days. Serving Juveniles While Protecting Communities 5 Voluntary & Non-Voluntary Returns Rule 6-101: Release of Runaways to Parent or Legal Guardian • Runaways held over 24 hours do not have to be held in secure detention • Runaways endangering themselves or others held beyond 24 hours shall be held in ‘secure facilities’ – Secure facility vs. secure detention Serving Juveniles While Protecting Communities 6 OJJDP Exclusion Juveniles held pursuant to the ICJ are excluded from the deinstitutionalization of status offenders requirements. Serving Juveniles While Protecting Communities 7 Survey Results Does your state Compact Office face resistance from courts for applying the OJJDP Exclusion in ICJ Cases? NO 49.02% 50.98% YES Serving Juveniles While Protecting Communities 8 Non-delinquent Runaways and Status Offenders Serving Juveniles While Protecting Communities 9 Survey Results Does your state have statues/regulations etc. prohibiting detention of runaways? NO Does your state have statutes/regulations etc. in place prohibiting detention of status offenders? 43.14% NO 31.37% 56.86% YES 68.63% YES Serving Juveniles While Protecting Communities 10 How do you detain a status offender when state laws do not permit detainment of youth in locked facilities? Serving Juveniles While Protecting Communities 11 How do you approach the courts when the OJJDP exclusion is not enough to override policies on the secure detention of non-delinquent juveniles? Serving Juveniles While Protecting Communities 12 Where do states hold victims of human trafficking? Serving Juveniles While Protecting Communities 13 Accused and Adjudicated Delinquent Juveniles Serving Juveniles While Protecting Communities 14 Survey Results Does your state permit juveniles who are adjudicated delinquents to be detained for all or part of the sentence or disposition? NO 9.8% 90.2% YES Serving Juveniles While Protecting Communities 15 How do you handle home/demanding states or legal guardians reluctant to make arrangements for a juvenile who is not securely detained? Serving Juveniles While Protecting Communities 16 How do you detain a juvenile listed as a “Missing Person” in NCIC? Serving Juveniles While Protecting Communities 17 Scenarios Serving Juveniles While Protecting Communities 18 Scenario • Two delinquent runaways in State A are absconders from State B – No warrant • Adult court on new charges in State A – Bond set; released from detention center Why weren’t the juveniles returned with ICJ Form III? Serving Juveniles While Protecting Communities 19 Scenario • Juvenile located by law enforcement in State A – Found in NCIC as a missing person in State B • Placed in runaway shelter – Compact Office requested secure detention – State A’s detention center refused • Juvenile runs away from shelter – Sexually assaulted on streets What is the liability for States A & B to be sued by parents of juvenile for refusal to follow ICJ Rules? Serving Juveniles While Protecting Communities 20 Scenario • Juvenile runaway located in State A – reported runaway status and on probation in State B • No warrant – State B does not want juvenile to return • Juvenile held in State A detention center • Juvenile released to mother living in State A Was the juvenile correctly held in the detention center? Serving Juveniles While Protecting Communities 21 Scenario • Juvenile picked up by law enforcement in State A – Juvenile discloses runaway status from State B • Juvenile not found in NCIC What are State A and State B Compact Offices responsible for? Serving Juveniles While Protecting Communities 22 Scenario Nebraska • Secure vs. Staff Secure – Non-violent runaways Detention center decision? Staff decision? Serving Juveniles While Protecting Communities 23 Opposition : SOS Project Coalition for Juvenile Justice Preventing court involvement and incarceration of status offenders and non-delinquent juveniles. Serving Juveniles While Protecting Communities 24 White Paper • Temporary Secure Detention of Non-Adjudicated Juvenile Runaways – October 2013 Serving Juveniles While Protecting Communities 25 Questions? 26