Transcript Slide 1

State Advisory Group (SAG)
New Member/Refresher Training
April 21, 2010
Arkansas 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.
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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
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Welcome,
Introductions, and
Overview
History of Juvenile
Justice, the JJDP Act,
and the Role of the
State Advisory Group
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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.
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Key Juvenile Court Cases
• 1966 – Kent v. U.S.
• 1967 – In re Gault
• 2005 – Roper v.
Simmons
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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
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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.”
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The JJDP Act of 1974 created a FederalState Partnership
- Each state must designate a State
agency responsible for developing the
State Plan
- Each state must establish a State
Advisory Group
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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)
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Roles and Responsibilities
of SAG Members
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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.
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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.
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Inherent Responsibilities of
SAG Members
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Inherent Responsibilities of the SAG
Advocate, Impact, & Influence:
•
•
•
•
Policy
Procedures
System Change
Reform
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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.
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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
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SAG Roles and Responsibilities
Small Group Activity
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JJDP Act:
Core
Requirements
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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)
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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 nonoffenders 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 21
Act.
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
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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
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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.
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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.
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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 26
Act.
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.
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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.
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JAIL REMOVAL
Section 223(a)(13) (cont’d)
Jail Removal Exceptions:
I.
Six-Hour Rule
II. Court Appearance Hold
III. Rural Exception
IV. Transferred, Certified, Waived, or Direct File
Youth
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JAIL REMOVAL
Section 223(a)(13) (cont’d)
I. Six-Hour Rule of Reason
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.
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JAIL REMOVAL
Section 223(a)(13) (cont’d)
II. Six-Hour Court Appearance Hold
•
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.
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JAIL REMOVAL
Section 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.
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JAIL REMOVAL
Section 223(a)(13) (cont’d)
IV. Transferred, Waived, Certified and Direct File Youth
•
•
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.
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Core Requirement 4.
Disproportionate Minority Contact (1988)*
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.
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SAG and Compliance Monitoring
•
•
•
•
Submission of the Annual Report
Facility Visitation
Approval of CM Determination Report
Compliance Monitoring Subcommitee
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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)….”
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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.
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Four Core
Requirements
(Protections)
Small Group Activity
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Overview of the Three-Year Plan
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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.
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Where Do We Begin?
• Review the last Three-Year Plan and the
last two updates.
• Collect data.
• Plan a SAG retreat or meeting.
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Required Contents of the Three-Year Plan
•
•
•
•
•
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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.
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Three-Year Plan
A SAG Strategic Plan:
One way of supporting the
development of the Three-Year
Plan
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Three-Year Planning Cycle (one version)
5. SAG and staff
1. Data and Analysis
review
4. Three-Year
2. Community input
Plan developed
3. SAG meeting
and Strategic
Plan
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Juvenile Justice Funding Streams
and Program Resources
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How Juvenile Justice Funding Flows
1. Taxes are paid by
us…
5. Funds are released to
designated state agencies
of qualifying states for
distribution at the local
level.
4. Funds go from
OJJDP to various
programs—including
Title II Formula
Grants, Title V, and
Discretionary Grants.
2. President drafts
budget
OJJDP and other agencies
input on budget
development, draft budget.
3. Congress
reviews and
appropriates
funds
4. Funds go to
OJJDP and many
other agencies.
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What FY 2010 Funding Looks Like in
Wyoming
Program
Title II
FY2010 Funding
$600,000
Title V
$84,945
JABG
$547,000
EUDL
$356,400
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Title II Formula Grants Allocation
Other: Native
American passthrough amounts
vary according to
each state
A minimum of 66 2/3 of
remaining funds must be
passed through to programs
to address juvenile
delinquency prevention and
intervention.
Up to 10
percent of
initial award for
planning and
administration.
Five percent of
the minimum
state allotment is
available to
assist the SAG.
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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.
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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.
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Enforcing Underage Drinking Laws Program (EUDL)
• Supports efforts by states and local jurisdictions to prohibit
the sale of alcoholic beverages to minors and the purchase
and consumption of alcoholic beverages to minors.
• Three areas of focus:
– Statewide task forces to target establishments
– Public advertising programs
– Innovative programs
• State agency may be different than the designated state
agency.
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Continuum of Services for Youth and Families
Problem Behavior > Noncriminal Misbehavior > Delinquency > Serious, Violent, and Chronic Offending
Prevention
Intervention
Target Population: At-Risk Youth
Programs for
All Youth
>
Programs for
Youth at Greatest
Risk
>
Immediate
Intervention
Target Population: Delinquent Youth
>
Intermediate
Sanctions
>
Community
Confinement
Youth Development Goals:
Youth Habilitation Goals:
•
•
•
•
•
•
•
•
•
•
•
•
Healthy and nurturing families
Safe communities
School attachment
Prosocial peer relations
Personal development and life skills
Healthy lifestyle choices
>
Training
Schools
>
Aftercare
Healthy family participation
Community reintegration
Educational success and skills development
Healthy peer network development
Prosocial values development
Healthy lifestyle choices
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Continuum of Services for Youth and Families
Problem Behavior > Noncriminal Misbehavior > Delinquency > Serious, Violent, and Chronic Offending
Prevention
Intervention
Target Population: At-Risk Youth
Programs for
All Youth
>
Programs for
Youth at Greatest
Risk
Target Population: Delinquent Youth
Formula Grants Program
>
Immediate
Intervention
Title V Program
>
Intermediate
Sanctions
>
Community
Confinement
Youth Development Goals:
Youth Habilitation Goals:
•
•
•
•
•
•
•
•
•
•
•
•
Healthy and nurturing families
Safe communities
School attachment
Prosocial peer relations
Personal development and life skills
Healthy lifestyle choices
>
Training
Schools
>
Aftercare
Healthy family participation
Community reintegration
Educational success and skills development
Healthy peer network development
Prosocial values development
Healthy lifestyle choices
JABG Program
EUDL
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Raising the Bar Through
Performance Measurement
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Priority for Evidence-Based Programs and
Increased Accountability – Title II
FORMULA GRANTS PROGRAM (Title II)
JJDP Act of 2002 states:
•
“Designated state agency will, to the extent practicable, give priority in
funding to programs and activities that are based on rigorous, systematic,
and objective research that is scientifically based.”
•
The state agency shall “not expend funds to carry out a program if such
program, during the preceding two-year period, fails to demonstrate, before
the expiration of such two-year period, that such program achieved
substantial success in achieving the goals specified.”
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What Is Performance Measurement?
• Performance measurement is a system of tracking progress in
accomplishing specific goals, objectives, and outcomes.
Performance measurement:
• Is directly related to program goals and objectives.
• Measures progress quantitatively.
• Is not exhaustive.
• Provides a “temperature” reading—it may not tell you everything you
want to know but provides a quick and reliable gauge of selected
results.
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Performance Measurement Web Site
http://www.ojjdp-dctat.org/
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How SAG Members Can Make an
Impact on Juvenile Justice in
Their State
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Inherent Responsibilities of the SAG
Advocate, Impact, & Influence
•
•
•
•
Policy
Procedures
System Change
Reform
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Ways SAG Members Can Affect
Juvenile Justice
•
•
•
•
•
Serve on a planning committee
Serve on grant review committees
Provide testimony as requested
Inform and educate legislators or administrators
Ensure that juvenile justice policy is addressing public and
participant needs
• Assist in the writing the SAG annual report
• Sponsor conferences or other events
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Resources and
Summary
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Online Resources
www.dsgonline.com/sag
•
Subscribe to JUVJUST and OJJDP News @ a Glance at: http://ojjdp.ncjrs.gov/enews/enews.html
•
Visit OJJDP Web site at: http://ojjdp.ncjrs.gov
•
Compliance: http://ojjdp.ncjrs.gov/compliance
•
DMC: http://ojjdp.ncjrs.gov/dmc
•
DMC-Reduction Best Practices Database: http://mpg.dsgonline.com/dmc_default.aspx
•
EUDL: http://ojjdp.ncjrs.gov/programs/ProgSummary.asp?pi=17
•
JABG: http://ojjdp.ncjrs.gov/jabg
•
Model Programs Guide: http://www.dsgonline.com/mpg2.5/mpg_index.htm
•
Performance Measures: http://ojjdp.ncjrs.gov/grantees/pm/index.html
•
State Advisory Group Training Grant: http://www.sag.dsgonline.com
•
Statistical Briefing Book: http://ojjdp.ncjrs.gov/ojstatbb/index.html
•
Title II Formula Grants Program: http://ojjdp.ncjrs.gov/programs/ProgSummary.asp?pi=16
•
Title V Community Prevention Grants Program: http://ojjdp.ncjrs.gov/titlev/index.html
▪
Additional Resources
•
Federal Advisory Committee on Juvenile Justice: http://www.facjj.org
•
Development Services Group: http://www.dsgonline.com
•
National Training and Technical Assistance Center: https://www.nttac.org
•
National Criminal Justice Reference Service: http://www.ncjrs.gov
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Summary
What We Covered
• Core Requirements of the JJDP Act
• Federal funding sources
• Overview of the Three Year Plan
• Roles and Responsibilities of SAG members
• How SAG members can impact Juvenile Justice
• Understanding Disproportionate Minority Contact
“What’s Next?”
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www.ojjdp.ncjrs.org
THANK YOU!
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