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.
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Juvenile Justice and Delinquency Prevention Act
(JJDPA) and the Deinstitutionalization of Status
Offenders (DSO)
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ICJ Rules
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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.
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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
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OJJDP Exclusion
Juveniles held pursuant to the ICJ are excluded from
the deinstitutionalization of status offenders
requirements.
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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
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Non-delinquent Runaways and Status Offenders
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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
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How do you detain a status offender when state laws
do not permit detainment of youth in locked
facilities?
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How do you approach the courts when the OJJDP
exclusion is not enough to override policies on the
secure detention of non-delinquent juveniles?
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Where do states hold victims of human trafficking?
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Accused and Adjudicated Delinquent Juveniles
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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
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How do you handle home/demanding states or
legal guardians reluctant to make arrangements for
a juvenile who is not securely detained?
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How do you detain a juvenile listed as a “Missing
Person” in NCIC?
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Scenarios
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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?
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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?
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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?
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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?
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Scenario
Nebraska
• Secure vs. Staff Secure
– Non-violent runaways
Detention center decision? Staff decision?
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Opposition : SOS Project
Coalition for Juvenile Justice
Preventing court involvement and incarceration of status
offenders and non-delinquent juveniles.
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White Paper
• Temporary Secure Detention of Non-Adjudicated
Juvenile Runaways
– October 2013
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Questions?
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