Juvenile Justice Delinquency Prevention Act

Report
Presented by: Carmen E. Daugherty, Esq.
Policy Director, Campaign for Youth Justice
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Established in 1974
The JJDPA is based on a broad consensus that
children, youth and families involved with the
juvenile and criminal courts should be guarded
by federal standards for care and custody,
while also upholding the interests of
community safety and the prevention of
victimization.
1.
Deinstitutionalization of Status Offenders (DSO)
Status offenses are offenses that only apply to minors whose actions would not
considered offenses at the age of majority, such as skipping school, running
away, breaking curfew and possession or use of alcohol.
Under the JJDPA, status offenders may not be held in secure detention or
confinement. There are, however, several exceptions to this rule, including
allowing some status offenders to be detained for up to 24 hours.
The DSO provision seeks to ensure that status offenders who have not
committed a criminal offense are not held in secure juvenile facilities for
extended periods of time or in secure adult facilities for any length of time.
These children, instead, should receive community-based services, such as day
treatment or residential home treatment, counseling, mentoring, family support
and alternative education.
2. Adult Jail and Lock-up Removal
Under the JJDPA, youth may not be detained in adult jails and
lock-ups except for limited times before or after a court
hearing (6 hours), in rural areas (24 hours plus weekends and
holidays), or in unsafe travel conditions.
This provision does not apply to children who are tried or
convicted in adult criminal court. This provision is designed to
protect children from psychological abuse, physical assault
and isolation.
Children housed in adult jails and lock-ups have been found
to be eight times more likely to commit suicide, two times
more likely to be assaulted by staff, and 50 percent more
likely to be attacked with a weapon than children housed in
juvenile facilities.
3. "Sight and Sound" Separation
When children are placed in an adult jail or lock-up,
as in exceptions listed above, "sight and sound"
contact with adults is prohibited under the JJDPA.
This provision seeks to prevent children from
threats, intimidation or other forms of psychological
abuse and physical assault.
Under "sight and sound," children cannot be housed
next to adult cells, share dining halls, recreation
areas or any other common spaces with adults, or be
placed in any circumstance that could expose them
to threats or abuse from adult offenders.
4. Disproportionate Minority Contact (DMC)
States are required to assess and address the
disproportionate contact of youth of color at key
contact points in the juvenile justice system – from
arrest to detention to confinement.
Studies indicate that youth of color receive tougher
sentences and are more likely to be incarcerated
than white youth for the same offenses.
With youth of color comprising one-third of the
youth population but two-thirds of youth in contact
with the juvenile justice system, this provision
requires states and local jurisdictions to address
the reasons for such disproportionate minority
contact.
Juvenile Justice Funding Streams
and Program Resources
1. Taxes are paid by us…
6. Funds are released
to designated state
agencies of qualifying
states for distribution
at the local level
5. 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
4. Funds go to OJJDP
and many other agencies
3. Congress
reviews and
appropriates
funds
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OJJDP provides funds directly to states,
territories, and the District of Columbia to help
them implement comprehensive state juvenile
justice plans based on detailed studies of
needs in their jurisdictions, as well as to
achieve compliance with the core requirements
of the JJDPA
The goal of this program is to improve juvenile
justice systems by increasing the availability
and types of prevention and intervention
programs, and implementing juvenile justice
system improvements.
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Community-based approach to delinquency
prevention
Focuses 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
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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 accountabilitybased programs.
Holds both the youth and the juvenile justice
system accountable.
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Supports efforts from states and local
jurisdictions to prohibit the sale of alcoholic
beverages to minors and the purchase and
consumption of alcoholic beverages by minors.
Three areas of focus:
◦ Statewide task forces to target establishments
◦ Public advertising programs
◦ Innovative programs
Continuum of Services for Youth and
Families
Problem Behavior > Noncriminal Misbehavior > Delinquency > Serious, Violent, and Chronic Offending
Prevention
Target Population: At-Risk
Youth
Programs for
Programs for Youth at
all Youth
Greatest Risk
Immediate
Intervention
Intervention
Target Population: Delinquent
Youth
Intermediate
Community
Training
Sanctions
Confinement
Schools
Youth Development Goals:
Youth Habilitation Goals:
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•
•
•
•
•
•
•
•
Healthy and nurturing families
Safe communities
School attachment
Prosocial peer relations
Personal development and life skills
Healthy lifestyle choices
•
•
•
Aftercare
Healthy family participation
Community reintegration
Educational success and skills
development
Healthy peer network development
Prosocial values development
Healthy lifestyle choices
Continuum of Services for Youth and
Families
Problem Behavior > Noncriminal Misbehavior > Delinquency > Serious, Violent, and Chronic Offending
Intervention
Prevention
Target Population: At-Risk
Youth
Programs for
Programs for Youth at
all Youth
Greatest Risk
Target Population: Delinquent
Youth
Immediate
Intermediate
Community
Training
Sanctions
Confinement
Schools
Formula Grants Program
Intervention
Aftercare
Title V Program
Youth Habilitation Goals:
Youth Development Goals:
• Healthy and nurturing families
• Safe communities
• School attachment
• Prosocial peer relations
• Personal development and life skills
• Healthy lifestyle choices
•
•
•
•
•
•
Healthy family participation
Community reintegration
JABG
Program
Educational
success
and skills
development
Healthy peer network development
Prosocial values development
Healthy lifestyle choices
EUDL
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No reauthorization since 2002
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No permanent Administrator
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Funding decreasing every year
Title II formula grants were appropriated at $88.8 million in
2002 and $75 million in 2009
Title V block grants were appropriated at $94.3 million in
2002 and $62 million in 2009
In 2010, President Obama requested just $162 million for all
programs under JJDPA, an $81.7 million drop since 2004.
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Total FY2011 Federal Investment (JABG, Title
II and Title V): $9,080,788
FY2010 Federal Investment: $11,496,945
The current funding levels for juvenile justice
in California represent a 23% decrease of the
previous FY funding level.
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Total FY2012 Federal Investment (JABG and
Title II) in Pennsylvania: $1,491,073
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FY 2011 Federal Investment: $2,931,063
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FY2010 Federal Investment: $3,614,045
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JABG, Title II and Title V funding for the
Commonwealth has been cut 76% since 2002.
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Total FY2012 Federal Investment (JABG, Title
II, EUDL and Title V): $663,199
FY2011 Federal Investment: $1,380,991
The current overall funding levels for juvenile
justice in Iowa represent a 54% decrease from
the FY2011 funding level.
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Youth PROMISE Act: The bipartisan Youth
Prison Reduction through Opportunity,
Mentoring, Support and Education (Youth
PROMISE) Act, H.R. 2721/S. 435.
◦ Aims to reduce violence in communities that have a high
concentration of youth at risk of school disengagement,
social disconnection and/or delinquent behavior.
◦ Provides targeted federal investments in empirically
based prevention and intervention strategies, such as
family strengthening programs, academic and school
supports, positive youth development and other
evidence based interventions such as those identified in
“Blueprints for Violence Prevention.”
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Reauthorize the Juvenile Justice and Delinquency
Prevention Act (JJDPA)
 The most recent, broadly supported, bipartisan
proposal (S. 678) to reauthorize the JJDPA includes
specific new provisions to this long‐standing law
designed to increase evidence‐based screening and
assessment for children and youth who come into
contact with the courts, as well as to improve family
and community supports and services for mental
health and behavioral health.
 Requires an increase in Title II and Title V federal
funding
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The Title V Incentive Grants for Local Delinquency
Prevention Programs are the only federal funding
source dedicated solely to the prevention of
youth crime and violence.
These small grants fund a range of innovative
and effective programs - from home visitation by
nurses and preschool/parent training programs
to youth development initiatives involving the
use of mentoring, after-school activities,
tutoring, truancy prevention, and dropout
reduction strategies.
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The Office of Juvenile Justice Delinquency and Prevention
website: www.ojjdp.gov
National Juvenile Justice & Delinquency Prevention Coalition
(NJJDPC) website: http://promotesafecommunities.org/
Act 4 Juvenile Justice campaign of the NJJDP Coalition
website: http://www.act4jj.org
State specific fact sheets on JJDPA funding use:
http://www.act4jj.org/factsheets_state.html
Campaign for Youth Justice website:
www.campaignforyouthjustice.org

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