Juvenile Justice and Delinquency Prevention Act
Encyclopedia
The Juvenile Justice and Delinquency Prevention Act of 1974 is a United States
federal law
providing funds to states that follow a series of federal protections, known as the "core protections," on the care and treatment of youth in the justice system. The four "core protections" of the act are:
The "DSO" and "Sight and Sound" protections were part of the original law in 1974. The "Jail Removal" provision was added in 1980 in response to finding youth incarcerated in adult facilities resulted in "a high suicide rate, physical, mental, and sexual assault, inadequate care and programming, negative labeling, and exposure to serious offenders and mental patients." http://www.nhtsa.dot.gov/people/injury/alcohol/juvenile/apab.html
The "DMC" requirement was added in the JJDPA in 1992. http://ojjdp.ncjrs.org/pubs/annualreport98/chapter5a.html
The compliance of states towards the requirements of the JJDP Act is monitored by the Office of Juvenile Justice and Delinquency Prevention
. http://www.nal.usda.gov/pavnet/ff/ffojjdp.htm , the "vast majority" of participating states comply with the first three requirements and are making strides towards the fourth. http://www.ncjrs.gov/html/ojjdp/annualreport2000/chap3.html#c. With the exception of Wyoming
, all states participate in the program.
Patrick Leahy
of Vermont
introduced S.3155 http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.03155:, a bill to reauthorize the juvenile delinquency prevention programs of the JJDPA through FY2013, saying, "With the reauthorization of this important legislation, we recommit to these important goals but also push the law forward in key ways to better serve our communities and our children."
The reauthorization bill makes changes to the original bill in that it, among other things:
On July 31, 2008, the bill was passed by the Senate Judiciary Committee
with broad bipartisan support. However, it was never voted on in the Senate.
The bill was reintroduced in 2009, S. 678, and is cosponsored by Senators Leahy, Kohl, Durbin, Franken, Collins and Snowe. S. 678 was approved by the Senate Judiciary Committee on December 17, 2009. Companion legislation, H.R. 6029, was introduced in the House by Representatives Keith Ellison (MN-D) and Robert C. Scott (VA-D).
National, state and local organizations of youth, parents, youth service providers, juvenile justice professionals, detention and corrections officials and other juvenile and adult criminal justice system stakeholders launched a national campaign, Act 4 Juvenile Justice, to reauthorize the Juvenile Justice & Delinquency Prevention Act (JJDPA). The Campaign for Youth Justice
was one such organization.
Additional information on the JJDPA, background history, recommendations, hearing proceedings, facts and research can be found at: http://www.act4jj.org.
Information on the "Jail Removal" and "Sight and Sound" requirements in the JJDPA can be found at:
http://www.campaignforyouthjustice.org/jjdpa.html.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
federal law
Federal law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation, surrendering their individual sovereignty and many powers to the central government while...
providing funds to states that follow a series of federal protections, known as the "core protections," on the care and treatment of youth in the justice system. The four "core protections" of the act are:
- Deinstitutionalization of Status Offenders (DSO) -- the deinstitutionalization of status offendersStatus offenseTwo common definitions of a status offense or status crime are1. A status offense is an action that is prohibited only to a certain class of people, and most often applied to offenses only committed by minors....
and non-offenders requires that youth who are runaways, truants or curfew violators cannot be detained in juvenile detention facilities or adult jails;
- "Sight and Sound" -- The "Sight and Sound" separation protection disallows contact between juvenile and adult offenders (i.e. if juveniles are put in an adult jail or lock up under the limited circumstances the law allows for, they must be separated from adult inmates);
- "Jail Removal" -- The "Jail Removal" disallows the placement of youth in adult jails and lock ups except under very limited circumstances;
- Disproportionate Minority Confinement (DMC) -- The DMC provision requires states to address the issue of over-representation of youth of color in the justice system.
The "DSO" and "Sight and Sound" protections were part of the original law in 1974. The "Jail Removal" provision was added in 1980 in response to finding youth incarcerated in adult facilities resulted in "a high suicide rate, physical, mental, and sexual assault, inadequate care and programming, negative labeling, and exposure to serious offenders and mental patients." http://www.nhtsa.dot.gov/people/injury/alcohol/juvenile/apab.html
The "DMC" requirement was added in the JJDPA in 1992. http://ojjdp.ncjrs.org/pubs/annualreport98/chapter5a.html
The compliance of states towards the requirements of the JJDP Act is monitored by the Office of Juvenile Justice and Delinquency Prevention
Office of Juvenile Justice and Delinquency Prevention
The Office of Juvenile Justice and Delinquency Prevention is an office of the United States Department of Justice and a component of the Office of Justice Programs....
. http://www.nal.usda.gov/pavnet/ff/ffojjdp.htm , the "vast majority" of participating states comply with the first three requirements and are making strides towards the fourth. http://www.ncjrs.gov/html/ojjdp/annualreport2000/chap3.html#c. With the exception of Wyoming
Wyoming
Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High...
, all states participate in the program.
Reauthorization bill
On June 18, 2008, SenatorUnited States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
Patrick Leahy
Patrick Leahy
Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...
of Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
introduced S.3155 http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.03155:, a bill to reauthorize the juvenile delinquency prevention programs of the JJDPA through FY2013, saying, "With the reauthorization of this important legislation, we recommit to these important goals but also push the law forward in key ways to better serve our communities and our children."
The reauthorization bill makes changes to the original bill in that it, among other things:
- eliminates the exception to detaining status offenders, the "Valid Court Order" (VCO) exception (a "loophole" added into the law in 1980).
- keeps kids out of adult jails and prisons (with limited exceptions);
- requires states to reduce racial & ethnic disparities;
- creates incentives for the use of programs that research has shown to work best;
- refocuses attention on prevention programs intended to keep children from ever entering the juvenile or criminal justice systems.
On July 31, 2008, the bill was passed by the Senate Judiciary Committee
United States Senate Committee on the Judiciary
The United States Senate Committee on the Judiciary is a standing committee of the United States Senate, of the United States Congress. The Judiciary Committee, with 18 members, is charged with conducting hearings prior to the Senate votes on confirmation of federal judges nominated by the...
with broad bipartisan support. However, it was never voted on in the Senate.
The bill was reintroduced in 2009, S. 678, and is cosponsored by Senators Leahy, Kohl, Durbin, Franken, Collins and Snowe. S. 678 was approved by the Senate Judiciary Committee on December 17, 2009. Companion legislation, H.R. 6029, was introduced in the House by Representatives Keith Ellison (MN-D) and Robert C. Scott (VA-D).
National, state and local organizations of youth, parents, youth service providers, juvenile justice professionals, detention and corrections officials and other juvenile and adult criminal justice system stakeholders launched a national campaign, Act 4 Juvenile Justice, to reauthorize the Juvenile Justice & Delinquency Prevention Act (JJDPA). The Campaign for Youth Justice
Campaign for Youth Justice
The Campaign for Youth Justice is a national campaign in the United States dedicated to ending the practice of trying, sentencing, and incarcerating children under age 18 in the adult justice system. Founded in 2005, CFYJ has become a national clearinghouse on the issue of trying youth in adult...
was one such organization.
Additional information on the JJDPA, background history, recommendations, hearing proceedings, facts and research can be found at: http://www.act4jj.org.
Information on the "Jail Removal" and "Sight and Sound" requirements in the JJDPA can be found at:
http://www.campaignforyouthjustice.org/jjdpa.html.