To continue to provide states with appropriate federal standards and supports for improving juvenile justice and delinquency prevention practices, Congress should pass SB 678 to reauthorize the Juvenile Justice and Delinquency Prevention Act.

Overview

On June 18, 2008, Senators Leahy, Specter and Kohl introduced S. 3155, the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008.  S. 3155 passed the Senate Committee on the Judiciary on July 31 but did not pass the full Congress before the end of the legislative session.

SB 678, which is similar to last year's bill, has been introduced this session. The bill would reauthorize and improve the Act, which was last reauthorized in 2002. 

Did you know? On any given day, more than 7,000 children are in adult jails.

Summary of Improvements in SB 678:       

Core Protections

Strengthening the Disproportionate Minority Contact (DMC) core protection:  Research has documented that youth of color are disproportionately over-represented and subject to more punitive sanctions than similarly-charged/situated white youth at all levels of the juvenile justice system. S. 678 gives guidance to States on complying with the DMC core protection by listing specific steps toward reducing DMC, including identifying and analyzing key decision points to determine where disparities exist, collecting data, developing a work plan, and publicly reporting such efforts.

Strengthening the Jail Removal and Sight and Sound core protection:  Research shows youth confined in adult jails and lock-ups are more likely to re-offend upon release and while confined are at pronounced high risk of suffering assault and committing suicide.  S. 678 extends the jail removal and sight and sound core requirements to keep youth awaiting trial in criminal court out of adult lock-ups and to ensure sight and sound separation in the limited circumstances where they are held in adult facilities.  While our recommendation is to remove all youth under age 18 from adult facilities and ensure sight and sound separation, S. 678 takes a good step in this direction.   

Allows States to continue to serve youth tried in adult court in juvenile facilities without jeopardizing federal funding:  S. 678 would permit States to continue to house and rehabilitate youth convicted in adult court in juvenile facilities until they reach a State’s extended juvenile jurisdiction age.  Previous interpretation and application of the law penalized States for utilizing these more appropriate and humane placements for youth. 

Strengthening the deinstitutionalization of status offenders (DSO) core protection:     Under current law, non-delinquent status offenders, such as children who are truant, runaway or violate curfew, alcohol and tobacco laws, may be held in juvenile lock-ups under the Valid Court Order (VCO) exception, which allows judges to issue detention orders.  The practice persists despite evidence that securely detaining status offenders is harmful to pro-social development and is costly, especially when compared to more effective responses including shelter care, crisis counseling, family support, and/or community and school based interventions. S. 678 requires States that still permit the use of the exception to phase-out use of the VCO within three years, and allows States in need to apply for one-year hardship extensions through the Office of Juvenile Justice and Delinquency Prevention (OJJDP). Until VCO elimination, S. 678 provides extra safeguards for status offenders in locked facilities, including limits on how long status offenders may be detained. We would like to see the status offender provisions become stronger in terms of limiting length of stay in detention, ensuring that the status offenders are not subject to repeat detention orders and that hardship exception to the phase-out period are limited.

Overall juvenile justice system improvements

Improves conditions of confinement in juvenile facilities:  S. 678 calls for the Office of Juvenile Justice and Delinquency Prevention (OJJDP) Administrator to report annually on State data regarding the uses of isolation and restraints in juvenile detention and corrections facilities, and encourages training of facility staff to eliminate dangerous practices. S. 678 also calls for States to develop policies and procedures to eliminate the use of dangerous practices and unreasonable use of restraints and isolation, through the use of alternative behavior management techniques. 

Provides comprehensive services and supports for youth:  S. 678 promotes alternatives to detention, improves screening, diversion, assessment, and treatment for mental health and substance abuse needs, enhances child welfare and juvenile justice system integration, supports effective assistance of juvenile counsel, and improves case management and transitional services for youth upon re-entry. We would like to see further emphasis placed on provision of services to girls.  

Support for states

Increases States’ ability to comply with the core requirements:  S. 678 offers additional technical assistance to States and authorizes Improvement Grants to infuse funds and technical assistance to States seeks to regain compliance with one or more of the core requirements.

Creates incentive grants:  S. 678 creates a new incentive grant program for States that wish to employ empirically-sound prevention and intervention approaches and improve their work in the areas of workforce development, and diversion for youth with mental health and substance abuse needs. We would like to see even greater emphasis on use of evidence-based or promising approaches.

Restores and strengthens the role of OJJDP:  S. 678 provides guidance about specific research, technical assistance, and training efforts to be conducted in a manner that benefits States and communities, nationwide. The bill also includes important provisions to improve program and financial oversight and accountability at OJJDP, and restores the statutory authority given to a national association of State Advisory Groups.

Funding levels

Sets more appropriate authorization levels for Title II and Title V:  S. 678 provides States with the resources needed to achieve and sustain compliance with the core requirements of the JJDPA and take meaningful steps to improve juvenile justice systems and prevent delinquency and violence. We are very pleased to see that the Senate has cited authorization levels in the legislation.

Preserves and guards the community-connected prevention, youth development and rehabilitation focus

Keeps the focus on prevention and intervention:  S. 678 does not introduce unnecessary and punitive approaches to delinquency prevention and intervention.  As the bill moves through the Judiciary Committee and to the floor of the Senate, we trust that the Senate will do everything within their power to preserve the prevention focus of the JJDPA by guarding against any amendments that would link the JJDPA to provisions and/or other forms of federal legislation that introduce new federal categories of juvenile crime, new or enhanced federal penalties affecting juveniles, or incentives for States to advance new or enhanced penalties for juveniles.

 
What You Can Do

Sign on to Act 4 JJ's letter to Senate leaders in support of SB 678: Reauthorization of the JJDPA. Click  here to read the letter and sign on.

For More Information 

Act 4 Juvenile Justice is a nationwide initiative addressing reauthorization of the Juvenile Justice and Delinquency Prevention Act.

Coalition for Juvenile Justice seeks to improve the circumstances of vulnerable and troubled children, youth and families involved with the courts and to build safe communities.

National Juvenile Justice Network enhances the ability of statewide juvenile justice coalitions to advocate for fair, equitable and developmentally appropriate adjudication and treatment for all youth and families involved in the juvenile justice system.

The Office of Juvenile Justice and Delinquency Prevention is under the U.S. Department of Justice.