JJDPA: Looking Back, Looking Forward
Dec 17, 2015
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 [email protected] 202.558.7974 ext. 311www.justicepolicy.orgTwitter: @marc4justice
Jill WardFederal Policy ConsultantCampaign for Youth [email protected](207) 317-6310
Carmen E. DaughertyDC Juvenile Justice Advisory Group ChairPolicy Director, Campaign for Youth [email protected](202) 558-3580