Compliance with the Compliance with the Separation Core Separation Core Requirement: Requirement:

The Oregon & Missouri The Oregon & Missouri ExperiencesExperiences

JJDPA Today: JJDPA Today:

CJJ Summit on Reauthorization of the JJDP ActCJJ Summit on Reauthorization of the JJDP Act

Washington, DCWashington, DC

June 11, 2007June 11, 2007

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Presenters Presenters Include:Include:

Elissa Rumsey, OJJDPElissa Rumsey, OJJDPBrent Buerick, MissouriBrent Buerick, Missouri

Tim Decker, MissouriTim Decker, MissouriLana Holman, OregonLana Holman, Oregon

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JJDP Act Core JJDP Act Core RequirementsRequirements

Deinstitutionalization of Status Offenders—1974 Separation—1974 Jail Removal—1980 Disproportionate Minority Confinement—1988

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What Does the JJDP Act of What Does the JJDP Act of 2002 say about 2002 say about

SeparationSeparation??

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SEPARATIONSEPARATION Section 223(a)(12) of the JJDP Act of 2002Section 223(a)(12) of the JJDP Act of 2002

“Juveniles alleged to be or found to be delinquent [and status offenders and non-offenders] will not be detained or confined in any institution in which they have contact with adult inmates.”

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SEPARATIONSEPARATION Section 103(26) of the JJDP Act of 2002Section 103(26) of the JJDP Act of 2002

“The term “adult inmate” means an individual who –

(A) has reached the age of full criminal responsibility under applicable state law; and

(B) has been arrested and is in custody for or awaiting trial on a criminal charge, or is convicted of a criminal charge offense.”

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SEPARATION SEPARATION Sec. 223 (a)(12)Sec. 223 (a)(12)

All secure institutions must be monitored for separation

Adult jails Adult lockups Juvenile detention centers Juvenile training schools Court holding Facilities Adult prisons

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Transferred, Certified, Waived, Transferred, Certified, Waived, and Direct File Youthand Direct File Youth

A juvenile who has been transferred to the jurisdiction of a criminal court, may be detained or confined in a juvenile facility with other juveniles who are under the jurisdiction of the juvenile court. This is not a violation of separation since the youth is not a juvenile “alleged to be or found to be delinquent” and the youth is not an “adult inmate.” Once the youth reaches the State’s age of full criminal responsibility, he/she must be separated from the juvenile population within six months.

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What does this mean in plain What does this mean in plain English?English?

Many States are at risk of noncompliance with the Separation core requirement because they place Transferred kids back in juvenile facilities beyond the State’s age of full criminal responsibility (i.e. they do not separate and/or transfer these kids out 6 months after reaching age of full criminal responsibility).

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How to Determine if this is an How to Determine if this is an issue in your State?issue in your State?

1. Determine if State law allows kids to be sent back to juvenile facilities to serve time post adult conviction

2. Determine the age of “full criminal responsibility” in your State.

3. Determine the extended age of juvenile jurisdiction in your State.

4. Determine if kids convicted in adult court are staying in juvenile facilities beyond the age of full criminal responsibility.

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De MinimisDe Minimis Standards— Standards—

Compliance with the Separation Core Compliance with the Separation Core RequirementRequirement

How many Separation Violations is a State allowed?

0

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What is the Current Reality with regards to Separation Compliance in

Missouri and Oregon?

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What programming changes would have to occur for Missouri and Oregon to be

compliant with Separation?

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Implications for Reauthorization?