Transcript The JJDPA: - Coalition for Juvenile Justice (CJJ)

Updating Federal Law to Reflect New Reforms
The JJDPA
 Celebrated 40 years of the Act in September 2014.
 On Dec. 11, 2014, Sen. Sheldon Whitehouse (D-RI) and
Sen. Charles Grassley (R-IA) introduced S. 2999.
 The bill would reauthorize the JJDPA and strengthen
its core protections.
Background
 Juvenile Justice & Delinquency Prevention Act
(JJDPA) authorizes federal funds to go to the
states for juvenile justice.
 Expectation that states comply with core
requirements and write plans for delinquency
prevention and intervention.
 OJJDP has reporting, oversight and technical
assistance responsibilities.
 Each state has an advisory group to guide plans
and decide how to allocate funds.
HISTORY
 1974 – Juvenile Justice & Delinquency Prevention
Act first passed
 Overwhelming bi-partisan from both Houses of
Congress
 Included support from organizations ranging from
the ACLU to the American Legion, and included
organizations like the ABA and the Boys Clubs of
America
History, cont’d
1974
 Act signed into law.
 Created Formula Grants program.
 Established the separation requirement.
 Established the deinstitutionalization of status offenders (DSO)
requirement.
1974: Findings
Sec. 101. (a) The Congress hereby finds that—
* * *
(3) present juvenile courts, foster and protective care programs, and
shelter facilities are inadequate to meet the needs of the countless,
abandoned, and dependent children, who, because of this failure to
provide effective services, may become delinquents;
(4) existing programs have not adequately responded to the particular
problems of the increasing numbers of young people who are addicted to
or who abuse drugs, particularly nonopiate or polydrug abusers;
(5) juvenile delinquency can be prevented through programs designed to
keep students in elementary and secondary schools through the
prevention of unwarranted and arbitrary suspensions and expulsions; . . .
Purpose
Sec. 102. (a) It is the purpose of this Act—
***
(6) to assist States and local communities with
resources to develop and implement programs to keep
students in elementary and secondary schools and to
prevent unwarranted and arbitrary suspensions and
expulsions; and
(7) to establish a Federal assistance program to deal
with the problems of runaway youth.
Purpose, cont.
(b) It is therefore the further declared policy of
Congress to provide the necessary resources, leadership,
and coordination (1) to develop and implement effective
methods of preventing and reducing juvenile
delinquency; (2) to develop and conduct effective
programs to prevent delinquency, to divert juveniles
from the traditional juvenile justice system and to
provide critically needed alternatives to
institutionalization; . . .
PART B: FORMULA Grants
STATE PLANS
SEC. 223.(a) In order to receive formula grants under this
part, a State shall submit a plan for carrying out its
purposes consistent with the provisions . . . In
accordance with regulations established under this title,
such plan must—
State Plans must:
(10) provide that not less than 75 per centum of the funds
available to such State . . ., whether expended directly by the
State or by the local government or through contracts with
public or private agencies, shall be used for advanced
techniques in developing, maintaining, and expanding
programs and services designed to prevent juvenile
delinquency, to divert juveniles from the juvenile justice
system, and to provide community-based alternatives to
juvenile detention and correctional facilities. That advanced
techniques include—
Advanced techniques include:
(A) community-based programs and services for the
prevention and treatment of juvenile delinquency through
the development of foster-care and shelter-care homes,
group homes, halfway houses, homemaker and home health
services, and any other designated community-based
diagnostic, treatment, or rehabilitative service;
(B) community-based programs and services to work with
parents and other family members to maintain and
strengthen the family unit so that the juvenile may be
retained in his home;
Advanced techniques include:
(C) youth service bureaus and other community-based programs to divert
youth from the juvenile court or to support, counsel, or provide work and
recreational opportunities for delinquents and youth in danger of
becoming delinquent;
(D) comprehensive programs of drug and alcohol abuse . . .
(E) educational programs or supportive services designed to keep
delinquents and to encourage other youth to remain in elementary and
secondary schools or in alternative learning situations;
* * *
(G) youth initiated programs and outreach programs designed to assist
youth who otherwise would not be reached by assistance programs; . . .
Advanced techniques include:
 (H) [Financial incentives or disincentives to:]
(i) reduce the number of commitments of juveniles to
any form of juvenile facility as a percentage of the
State juvenile population;
(ii) increase the use of nonsecure community-based
facilities as a percentage of total commitments to
juvenile facilities; and
(iii) discourage the use of secure incarceration and
detention;
Two Early Core Protections in State
Plan Requirement
(12) provide within two years after submission of the plan that juveniles
who are charged with or who have committed offenses that would not be
criminal if committed by an adult, shall not be placed in juvenile
detention or correctional facilities, but must be placed in shelter
facilities;
(13) provide that juveniles alleged to be or found to be delinquent shall
not be detained or confined in any institution in which they have regular
contact with adult persons incarcerated because they have been
convicted of a crime or are awaiting trial on criminal charges; . . .
More on Core Requirements
1977
Increased and expanded DSO and separation
requirements.
1980
Established jail removal requirements.
1984
Enhanced and amended jail removal requirements.
More on Core Requirements
1988
Addressed disproportionate minority confinement (DMC) as a
requirement.
1992
Elevated DMC to a core requirement.
Established the Title V Incentive Grants for Local Delinquency
Prevention Grants Program (Title V).
2002
Broadened the scope of the DMC core requirement from
"disproportionate minority confinement" to "disproportionate minority
contact."
Observations
Establishment of National Values
Importance of State Advisory Groups
SAG partnerships with other state agencies
SAG partnerships with foundations
JJDPA: Strengthening core
protections
 Jail Removal and Sight and Sound core protections
- Current bill: Protection applies only to youth in the
delinquency system.
- S. 2999: Extends protection to youth who are
awaiting trial in adult
facilities.
JJDPA: Strengthening core
protections
 Racial and Ethnic Disparities core protection
- Gives clear direction to states and localities to help:
(1) implement data-driven approaches to ensure
fairness and reduce racial and ethnic disparities;
(2) set measurable objectives for disparity reduction;
and
(3) publicly report such efforts.
JJDPA: Strengthening core
protections
 Deinstitutionalization of Status Offender:
- Phases out the valid court order exception.
- Gives states three years to eliminate usage of the
VCO.
- Includes hardship exception for states that cannot
comply.
New Provisions
 Recognizes exposure to trauma and its impact on
adolescent behavior.
 Supports state efforts to expand access to counsel.
 Creates incentive grants and reauthorizes Juvenile
Accountability Black Grant program.
Funding & Accountability
- Sets overall authorization levels for juvenile justice
funding, with two percent increases in subsequent years.
- Adds series of financial accountability provisions
FY02
FY03
FY04
FY05
FY06
FY07
FY08
FY09
FY10
FY11
FY12
FY13
FY14
FY15
JJDPA Title
II
$88.8
$83.3
$83.2
$83.3
$79.2
$79.2
$74.3
$75
$75
$62.3
$40
$44
$55.5
$55.5
JJDPA Title
V
$94.3
$46.1
$79.2
$79.4
$64.4
$64.4
$61.1
$62
$65
$54
$20
$20
$15
$15
JABG
Mentoring
Other
Total
$249.5
$188.8
$59.4
$54.6
$49.5
$49.5
$51.7
$55
$55
$45.7
$30
$25
$0
$16
$15.9
$0
$14.9
$9.9
$9.9
$70
$80
$100
$83
$78
$90
$85.5
$90
$91.5
$110.5
$2.5
$9.9
$30
$30
$32
$20
$37.5
$31.2
$94.5
$100.5
$88
$91
$546.9
$451.4
$306.7
$346.5
$338.7
$338.7
$383.6
$374.7
$423.5
$276
$262.5
$279.5
$244
$251.5
$0
Changes to SAGs and their
structure
 Bill would add legal counsel representing youth,
experts in truancy and victims advocates to SAGs.
 Changes youth membership from 24 “at time of
appointment” to 28.
 Requires posting of three year plans on public website.
Contact Information
Robert G. Schwartz
Lara Quint
Executive Director
Juvenile Law Center
(215) 625-0551 ext. 106
[email protected]
www.jlc.org
Legislative Counsel
U.S. Sen. Sheldon Whitehouse
(202) 228-6659
[email protected]
http://www.whitehouse.senate.gov/
Naomi Smoot
Senior Policy Associate
Coalition for Juvenile Justice
(202) 467-0864 ext. 109
[email protected]
www.juvjustice.org