A Strategic Partner in Advancing Training and TA Excellence

1. A Strategic Partner in Advancing Training and TA Excellence

2. The Juvenile Justice and Delinquency Prevention (JJDP) Act Susan Davis April 2010

3. Goals for presentation: Provide information on the JJDP Act core requirements specific to juvenile-only facilities Emphasis on Deinstitutionalization of Status Offenders (DSO) in juvenile facilities Discuss the requirements for the federal Valid Court Order (VCO) exception to the DSO core requirement Determining how to reduce or eliminate violations in Arkansas to provide safe and appropriate custody of juveniles JJDP Act

4. JJDP Act first passed in 1974 Intended to reform juvenile justice across nation First two “core requirements/core protections” were: Deinstitutionalization of Status Offenders (DSO) Separation of juveniles from incarcerated adults JJDP Act

5. Third core requirement, Jail Removal, added in 1980; VCO exception to DSO also added in 1980 • Fourth core requirement, Disproportionate Minority Contact (DMC), added in 1988/revised in 2002

6. Originally prohibited status offenders and non-offenders from being held in any type of secure facility Judges across the country felt strongly that some status offenders needed secure detention and the Valid Court Order (VCO) exception was added in 1980 D.S.O.

7. States decide to “participate” in the JJDP Act – and receive an annual Federal JJDP grant in return. JJDP Act is not an “unfunded mandate” A State Advisory Group (SAG) is established to help implement the JJDP Act A Lead State Agency is established – Arkansas Department of Human Services Arkansas and the Act

8. Both groups (SAG + ADHS) are charged with carrying out the responsibilities of the Act SAG + ADHS oversee JJDP funds ADHS in charge of monitoring and reporting compliance Carlos Borromeo – Juvenile Justice Specialist Jimmy Brown - federal compliance monitor in Arkanas Arkansas and the Act

9. States lose 20% of annual federal grant for every core requirement noncompliance is demonstrated When state is out of compliance, must use 50% of remaining federal grant on the non-compliant core requirement(s) Consequences of Non-Compliance

10. Arkansas s currently out of compliance with DSO and Jail Removal Arkansas annual allocation is $600,000– as a result of noncompliance, you now receive $360,000. Consequences of Non-Compliance

11. Section 223(a)(11) Juveniles who are charged with, or who have committed offenses that would not be criminal if committed by an adult, or such non-offenders as dependent and neglected children shall not be placed in secure detention or correctional facilities. D.S.O. Core Requirement

12. A status offender is a juvenile who has committed an offense that would not be criminal if committed by an adult. Runaway; Truant; Underage drinker; Minor in possession; Others? Is underage drinking in Arkansas a delinquent offense, punishable by Detention? Definitions

13. A non-offender is a juvenile who has not committed any offense: Dependent and neglected child; Danger to self or others (mental health hold); Child who is abandoned Definitions

14. Definitions • Secure • Non-Secure (or staff secure) • Act and regulations ONLY apply to secure facilities

15. 24 hour/Court Appearance (regulatory) Out of state runaways (statutory) Handgun possession (statutory) Valid Court Order (statutory) Four Exceptions to D.S.O. Core Requirement

16. Allows an accused status offender to be held in a secure juvenile detention facility for up to 24 hours, excluding weekends and holidays, prior to an initial court appearance AND for an additional 24 hours, excluding weekends and holidays, following an initial court appearance. Court Appearance Exception

17. Please note: Only applies to accused status offenders – not non-offenders and not adjudicated status offenders Only applies to juvenile detention facilities, not jails or lockups Times cannot be combined for a grand total of 48 hours Holidays need to be legal holidays Only to be used for processing purposes (ID, investigation, release to parents, transfer to another facility). If used for any other reason then it does not fall under the reporting exception. Court Appearance Exception

18. Court Appearance Violations • In the 2008 Compliance Monitoring Report Arkansas reported 15 accused status offenders held over the allowable time limit, of those, 10 occurred in Juvenile Detention Centers.

19. Allows States to hold status offenders over the 24 hour exception if the Interstate Compact (IC) is being used. Each case must be verified by ADHS to be excluded from DSO violation count Out of state runaways on IC can be held for any length of time pending return home. Out of State Runaway Exception

20. Youth who violate the Youth Handgun Safety Act are considered “delinquents” and not status offenders, therefore they are exempt from the D.S.O. requirement ADHS needs to report annually the total number of such youth held (but they are not violations) Handgun Possession Exception

21. The VCO became a part of the JJDP Act in 1980 as an exception to the DSO core requirement Arkansas statutes must allow the VCO to occur for the state to utilize this exception to DSO Only applies to juvenile detention /correctional facilities – not adult jails or lockups Federal Valid Court Order Exception

22. First, the juvenile is adjudicated for committing a status offense The Judge issues a Valid Court Order (VCO): Must be a juvenile court judge; Juvenile must have received, before the issuance of the order, all due process rights. VCO Exception Process

23. Available to all persons via the U.S. Constitution Including: Adequate notice of charges; Assistance of counsel; Privilege against self-incrimination; Privilege to confront and cross-examine witnesses. Due Process Rights

24. Due Process, continued Right to a hearing before a court; Right to an explanation of the nature and consequences of the proceeding; Right to have a transcript of the hearing; Right to appeal. Due Process Rights

25. Arkansas State Law • Arkansas § 9-27-336 • An adjudicated juvenile may be held under a VCO • Must see Judge and Judge issues order • Juvenile shall receive full due process rights • This juvenile must be separated from delinquents • Holding can’t occur in an adult facility

26. The juvenile violates the VCO; The juvenile may be taken into custody; The juvenile may be held in a juvenile detention or juvenile correctional facility IF; An “appropriate public agency” is promptly notified that the juvenile is held in custody for violating the order; That the public agency conducts an in person interview with the juvenile within 24 hours (excluding weekends and holidays); VCO Exception Process

27. “Appropriate Public Agency” is any agency that can meet with the juvenile personally and prepare the report. What are some examples in your community of an agency that could fulfill this role? VCO Exception Process

28. No later than 48 hours from when the juvenile was held (excluding weekends and holidays): The representative gives the Assessment Report to the judge; and The court shall conduct a hearing to determine whether there is reasonable cause to believe that the juvenile violated the order and the appropriate placement of the juvenile pending disposition of the alleged violation. VCO Exception Process

29. In the event the court orders the juvenile to be detained pending the disposition, the disposition hearing should be held as soon as possible while still allowing reasonable time for the court to obtain additional information to enable it to make a disposition in the best interests of the status offender. No time limit on detention. VCO Exception Process

30. A juvenile is truant. The school files a petition in juvenile court requiring the juvenile attend school. Juvenile comes to court. The Juvenile Court Judge issues a Valid Court Order and ensures that all due process rights are afforded to the juvenile. VCO Example

31. The juvenile still does not attend school. The school requests that a contempt of court warrant be issued. It is issued and the juvenile is arrested by the police. The police by-pass the PD Station and go straight to the juvenile detention center. The juvenile is processed into the center. VCO Example

32. Within 24 hours of admission the juvenile is interviewed – in person – by an appropriate public agency (excluding weekends and holidays) JDC’s may use their own detention staff for this interview VCO Example

33. Not later than 48 hours (from the time of placement in JDC) the Assessment Report needs to be in the Judge’s hands and the Judge must schedule a hearing to determine if there is reasonable cause to believe the juvenile violated the order (excluding weekends and holidays) VCO Example

34. VCO Violations • In the 2008 Compliance Monitoring Report Arkansas reported 32 adjudicated status offenders held securely. • Of those, 27 were held in juvenile detention centers.

35. D.S.O. Rates of Compliance • Juvenile population ÷ 100,000 – JPR • # of violations ÷ JPR = Compliance Rate • Arkansas juvenile population is 675,622 • .1 – 5.7 = Full compliance • 5.8 – 17.6 = Compliance marginal • 17.7 – 29.4 = Compliance conditional • Over 29.4 = Out of compliance

36. Arkansas DSO Rate • In 2008, Arkansas had a DSO rate of 28.42 – so you are close to the 29.5 out of compliance rate. • Optimally, your rate should be closer to 17.7 (or 119 violations) • In 2008 you had 192 violations.

37. Jimmy Brown/ADHS is responsible for verifying 10% of all cases where juveniles were sentenced to secure detention where the original offense was a status offense followed the VCO. VCO Monitoring

38. Jimmy Brown/ADHS needs to verify that: Juvenile Court Judge heard the case; Due Process Rights were provided; VCO Order was issued explaining what the juvenile was supposed to do, or not do; That a public agency interviewed the juvenile in person within 24 hours of admission to JDC; That the Judge received the assessment report and held a hearing within 48 hours of admission to JDC. (Times exclude weekends and holidays) VCO Monitoring

39. RECAP: Must not hold status offenders beyond the 24 hour exception provided. Must follow VCO if sentencing status offenders to detention Juvenile Detention Centers and the JJDP Act

40. Juvenile Detention Centers and the Act • Must prohibit and prevent contact between juveniles and adult inmates • Scared straight type programs must not occur • Adult inmate trustees should be prohibited from the grounds of juvenile facilities and must be separated sight and sound from juveniles when present • Examples of where and when this could happen?

41. 55 States and Territories participate with the JJDP Act Roughly 10 States/Territories are deemed noncompliant with one or more core requirement every year Arkansas is making huge strides in monitoring compliance with the JJDP Act JJDP Act Big Picture

42. JJDP Act Big Picture • Arkansas is to be commended for striving to advance positive juvenile justice principles • Many challenges remain in Arkansas regarding justice for juveniles; with your help these challenges can be overcome!

43. Carlos Borromeo 501/682-9685 Jimmy Brown 501/682- Thank You!