2015 Legislative Conference

Juvenile Justice and Delinquency Prevention

Carmen Daugherty Naomi SmootPolicy Director Senior Policy AssociateCampaign for Youth Justice Coalition for Juvenile Justice

Agenda1. PTA & Juvenile Justice

a. History and Position Statement2. Juvenile Justice and Delinquency Prevention Act (JJDPA)

a. Overviewb. Core Protectionsc. JJDPA Reauthorization-Recommendations to Congress

3. Juvenile Justice Updates a. On the Hill b. In the Courtsc. In the States

4. Q&A

PTA & Juvenile Justice: History• 1899: PTA convention delegates pass first juvenile

justice-related resolution supporting the extension of juvenile courts and probation systems to prevent children from being incarcerated with adults

• 1903: PTA establishes Committee on Juvenile Protection

• 1950s-1960s: PTA mobilizes members to advocate for policies that place less emphasis on incarceration, calling instead for increased supportive services and protection of all children

PTA’s Position Statement on Juvenile Justice • Promote initiatives to address racial, ethnic, and socioeconomic

inequities in the juvenile justice system. • Encourage collaboration between law enforcement, the judicial system,

and child welfare agencies. • Promote alternative dispute resolution techniques that provide a range

of possible sanctions. • Prohibit youth who are charged with a serious crime from being tried in

the adult court system unless there has been an opportunity for a judicial hearing and appeal.

• Prohibit the incarceration of youth in adult facilities. • Assist youth leaving the juvenile justice system and prevent their

return. • Support research and data collection regarding youth offenses.

Juvenile Justice and Delinquency Prevention Act (JJDPA): Overview and Key Dates

• 1974: JJDPA enacted

• 2002: Most recent reauthorization of the JJDPA

• 2007: JJDPA becomes eligible for reauthorization

• 2014 Most recent introduction of JJDPA reauthorization

JJDPA Core Protections

1. Deinstitutionalization of Status Offenders (DSO) (1974)

2. Sight and Sound Separation (1974)3. Jail Removal (1980) 4. Disproportionate Minority Contact (1992)

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 for DSO Improvement: 1. Eliminate the VCO exception to ensure that youth who commit status offenses are kept out of juvenile corrections facilities. 2. Update the JJDPA to decrease overreliance on youth incarceration and out-of-home-placement by promoting family-focused and community and school-based interventions for children who commit status offenses.

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.

Recommendations for Juvenile Sight and Sound Separation & Jail Removal Improvement

1. Codify the definition of “adult inmate” in the JJDPA to allow states to place children convicted in adult court into juvenile facilities.

2. Extend the Jail Removal and Sight and Sound Separation core protection of the JJDPA to all children under 18 years of age who are held pretrial, regardless of whether they are charged in juvenile or adult court.

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

Other Juvenile Justice Recommendations:

Reauthorize the Second Chance Act–an important source of funding for youth reentry programs across the nation.

Promote programs that encourage the use of evidence-based disciplinary practices, such as positive behavioral interventions, over zero-tolerance policies and out-of-school suspension practices.

JUVENILE JUSTICE UPDATESOn the Hill and In the States

PTA Takes Action

On the Hill: JJDPA Reauthorization

• JJDPA Reauthorization introduced in the Senate at the end of last Congress—optimistic that it will be introduced Spring 2015.

• Sponsors: Sheldon Whitehouse (D-RI) and Chuck Grassley (R-IA)

• Contained improvements to the core protections

In the States: Removing Youth from the Adult Criminal Justice System

Removing Youth from the Adult Criminal Justice System: Key Trends

Trend 1: Removing youth from adult jails and prisonsTrend 2: Changing the age of juvenile court jurisdiction (“Raise the age”)Trend 3: Changing direct file, waiver, and transfer laws to keep more youth in the juvenile systemTrend 4: Modifying youth sentencing laws

Eleven limited the state’s authority to house youth in adult jails and prisons: Colorado Texas

Hawaii VirginiaIdahoIndianaMaineNevadaOhioOregonPennsylvania

Five expanded juvenile court jurisdiction so that older youth who previously would be automatically tried as adults are not prosecuted in adult criminal court (“Raise the age”)

Connecticut

Illinois

Mississippi

Massachusetts

New Hampshire

Fourteen states and DC engaged in transfer reform making it more likely that youth will stay in the juvenile justice system:

ArizonaOhioColoradoUtahConnecticutVirginiaDelaware WashingtonDCIllinoisIndianaMarylandNebraskaNevadaNew York

Twelve changed their mandatory minimum sentencing laws, allowed for post-sentence review for youth facing juvenile life without parole, or passed other sentencing reforms:

CaliforniaWashingtonColorado West VirginiaFloridaGeorgiaHawaiiIndianaIowaMissouriOhioTexas

Questions?