JJDPA: Looking Back, Looking Forward

History of the JJDPA

Marc SchindlerExecutive Director

Justice Policy Institute

BackgroundJuvenile 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 of Juvenile Justice in USFirst juvenile court in Chicago in 1899 –

focus on individualized treatment and rehabilitation

1960’s – Due Process Protections

1968 – First Federal Legislation: Juvenile Delinquency Prevention and Control Act

History, cont’d 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: Established Separation and

Deinstitutionalization of Status Offenders(DSO) Requirements

1980: Established Jail Removal Requirement, and added “valid court order” (VCO) exception to DSO

1988: Added Disproportionate Minority Confinement

1992: Elevated DMC to a Core Requirement and added Title V Local Delinquency Prevention Grants

JJDPA 4 Core ProtectionsJail Removal

Juveniles should not be placed in adult jails Applies pre and post-trial

“Sight and Sound” SeparationApplies to juveniles who are temporarily

placed in adult jailsMust be separated from adult inmates by

“sight and sound”

Core Protections, cont.De-institutionalization

of status offenders (DSO)Status offenders cannot be locked up

unless they violate a valid court order

Disproportionate Minority Contact (DMC)States must “address” problem of

over-representation

1990s: AKA Decade of the ‘Superpredator’ “Today, no population poses a larger threat to public safety than young

adult criminals….Brace yourself for the coming generation of “superpredators”

– Rep Bill McCollum (JJDPA hearing, 1996)

Rise of ‘get tough’ juvenile justice legislation in states across country

House: Violent Youth Predator Act of 1996

Senate: Violent and Repeat Juvenile Offender Act of 1997

National Juvenile Justice & Delinquency Prevention Coalition emerges

JJDPA last reauthorized 2002, without major substantive changes, but changed “Disproportionate Minority Confinement” to “Disproportionate Minority Contact”.

The JJDPA Today

Jill WardFederal Policy Consultant

Campaign for Youth Justice

2002: Last ReauthorizationNegotiated as part of the DOJ Authorization

billExpansion of DMC – “confinement” becomes

“contact”Juvenile Block Grant consolidates targeted

programs into Title II, but appropriators largely ignore the new structure

JABG finally gets authorized

ACT4JJ CampaignFormed in 2005; co-chaired by CJJ & CFYJSurveyed field on key prioritiesCreated platform for reform “Statement of

Principles”Reached out to stakeholders to endorseCreated recommendations, fact sheets,

reportsLaunched public campaign and website in

2007

2007-2008: Time to ReauthorizeJJDPA expired in FY2007Act4JJ campaign leads push reauthorization

in 110th Congress2007 hearings in the Senate Judiciary and

House Education & Labor Committee2008 S. 3155 reported out of Senate Judiciary

by voice voteGOP cosponsors Collins, Snowe, Specter, Smith

2009: New AdministrationBipartisan S. 678 introduced in 2009S. 678 reported out of Senate Judiciary

Committee in 2010Sen. Grassley only R to vote ‘yes’Sen. Feinstein only D to vote ‘no’

No House companion billAdministration fails to appoint permanent

OJJDP Administrator; proposes deep cuts Funding cuts continue

2000s: Decade of Cuts Coalition for Juvenile Justice - Juvenile Justice Historical Federal Funding Chart

FY02 FY03 FY04 FY05 FY06 FY07 FY08 FY09 FY10 FY11 FY12 FY02 to FY12

JJDPA Title II $88.8 $83.3 $83.2 $83.3 $79.2 $79.2 $74.3 $75 $75 $62.3 $40 -55%

JJDPA Title V $94.3 $46.1 $79.2 $79.4 $64.4 $64.4 $61.1 $62 $65 $54 $20* -79%

JABG $249.5 $188.8 $59.4 $54.6 $49.5 $49.5 $51.7 $55 $55 $45.7 $30 -88%

Mentoring $16 $15.9 0 $14.9 $9.9 $9.9 $70 $80 $100 $83 $78 +488%

JJ Innovation Fund -- -- -- -- -- -- -- -- -- 0 n/a

Other $91.5 $110.5 $2.5 $9.9 $30 $30 $32 $20 $37.5 $31.2 $94.5 +3%

TOTAL $546.9 $451.4 $306.7 $346.5 $338.7 $338.7 $383.6 $374.7 $423.5 $276 $262.5 -52%

FY14-FY15 Appropriations ACT4JJ Juvenile Justice Federal Funding Chart

Federal Juvenile Justice Funding, in millions i Allows up to $10 million to be used for JABG activities described as “building, expanding, renovating, or operating temporary or permanent juvenile correction, detention, or community corrections facilities, which are authorized activities under the former JABG program.” Reflects language first inserted HR 3547, the FY14 Omnibus bill which zeroed out JABG funding. ii About half of these funds are earmarked as follows: $5m for tribal youth; $2.5m for gang and youth violence prevention and ed ucation; $2.5m for anti-youth drinking programs; $10m for law enforcement and juvenile justice authorities to collaborate with communities who have received DOE’s School Climate Transformation Grants on programs to increase school safety and reduce juvenile arrests. iii Incentive grants to assist states that use JABG that provide additional funds to States and localities pursuing evidence-based juvenile justice system alignment to foster better outcomes for young people, less costly use of incarceration, and increased public safety iv Grants to replicate successful community-based violence prevention initiatives, including public health approaches to reducing shootings and violence. v Does not include budget cuts due to sequestration.

FY 2013

% Change FY12 to FY13

% Change FY02 to FY13

WH FY 2014 Proposal

Senate FY 2014

Approp. Committee Proposal

House FY2014 Approp.

Committee Proposal

FY 2014 Omnibus Approp. (HR 3547)

WH FY15 Proposal

JJDPA Title II $44 +10% -50.5% $70 $50 $20 $55.5 $50i

JJDPA Title V (earmarked 90-100%)

$20 0% -78.8% $56 $35 $0 $15 (all

earmarked) $42ii

JABG $25 -17% -90% $30 $30 $0 $0 $30 Juvenile Justice Realignment

Incentive Grants n/a n/a n/a $20

Earmark in Title V

n/a $0 $10iii

Community-Based Violence Prevention Initiative

n/a n/a n/a $25 $11 n/a $5.5 $18iv

National Forum on Youth Violence Prevention

n/a n/a n/a $4 $2 n/a $1 $4

Competitive Grants Focusing on Girls in JJ

n/a n/a n/a $2 $2 n/a $1 $2

Youth Mentoring $90 +15% +462.5% $58 $61 $90 $85.5 $58

Other $100.5 +6% +9.8% $125.5 $88 $86 $88 $75.4

TOTAL $279.5v +6% -48.9% $332.5 $279 $196 $254.5 $299.4

JJDPA TodaySept 7th - 40th Anniversary of the JJDPAContinue to fight funding cuts in a post-

recession world of discretionary budget caps and sequestration

Effort to get bipartisan bill reintroduced this yearSeparate bills on DSO protection

JJDPA Matters Action Center

Role of State Advisory Groups

Carmen E. DaughertyChair, DC Juvenile Justice Advisory Group

Policy Director, Campaign for Youth Justice

State Advisory Group Compositions and RoleMembership: Appointed by governor15 to 33 membersOne 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 members shall not be full-time government employees (including the Chair)

At least one locally elected offical.

Specified SAG Roles & ResponsibilitiesParticipate in the development of the State

Plan.Advise the Chief Executive and Legislature

on compliance with the Core Requirements of the JJDP Act.

Obtain input from youth currently under the jurisdiction of the juvenile justice system.

Review and comment on grant proposals.Monitor programs.

Inherent Responsibilities of SAG MembersAdvocate, Impact, and Influence:

PolicyProceduresSystem ChangeReform

Role of Youth on State Advisory Groups

CRITICAL!

Core Requirement Limitations

JJDPA Core Protections

Deinstitutionalization of Status Offenders (DSO) • Definition: Requires that youth with status offenses

not be placed in secure detention or confinement. • Limitations: Valid Court Order (VCO) exception

Recommendations:1. Eliminate the VCO exception to ensure that youth

who commit status offenses are kept out of facilities. 2. Update the JJDPA to decrease overreliance on

youth incarceration and out-of-home-placement by promoting family-focused and school-based interventions for truant youth.

JJDPA Core Protections

Removal of Juveniles from Adult Jails and Lockups (“Jail Removal”)• Definition: Prohibits, under most

circumstances, the detention of juveniles in adult jails or lockups.

• Limitations: Does not protect juveniles that are waived to

adult court Juveniles can be held for up to six hours for

processing and for 24 hours (plus weekends and holidays) in rural areas

JJDPA Core Protections

Juvenile Sight and Sound Separation

• Definition: Requires that accused and adjudicated delinquents, status offenders, and non-offending juveniles be kept out of the “sight and sound” of adult inmates.

• Limitations: Does not apply to youth prosecuted in the adult criminal justice system.

JJDPA Core Protections

Disproportionate Minority Contact (DMC)

• Definition: Requires states to take measures to reduce racial/ethnic disparities in the juvenile justice system.

Recommendations for DMC Improvement: Strengthen the DMC core protection by

requiring states to take concrete steps to reduce racial and ethnic disparities in the juvenile justice system

For more information …www.act4jj.orgMarc SchindlerExecutive Director Justice Policy Institutemschindler@justicepolicy.org 202.558.7974 ext. 311www.justicepolicy.orgTwitter: @marc4justice

Jill WardFederal Policy ConsultantCampaign for Youth Justicejmward23@hotmail.com(207) 317-6310

Carmen E. DaughertyDC Juvenile Justice Advisory Group ChairPolicy Director, Campaign for Youth Justicecdaugherty@cfyj.org(202) 558-3580