JJDPA Reauthorization 2009: An Update DMC Action Network Annual Meeting May 15, 2009
Background 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, including addressing DMC. OJJDP has reporting, oversight and technical assistance responsibilities. Each state has an advisory group to guide plans and decide how to allocate funds.
Core Protections Jail Removal Juveniles should not be placed in adult jails Applies pre and post-trial Sight and Sound Separation Applies to juveniles who are temporarily placed in adult jails Must 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
JJDPA History First passed 1974 JJDPA last reauthorized 2002, without major substantive changes, but changed Disproportionate Minority Confinement to Disproportionate Minority Contact. Last substantive reauthorization 1992, which was when DMC became a core protection. Much research and programmatic progress since then, so JJDPA is due for an update.
Senate Activity 2008 Summer 2008: S. 3155 passed by Senate Judiciary Committee. Bill as passed included substantial developments: Extending jail removal and sight and sound separation protections to youth charged as adults; Phase-out of Valid Court Order loophole allowing incarceration of status offenders; More detail about DMC reduction; Added improving conditions of confinement to data collection, OJJDP s TA, and state plan; and Incentive grants mental health and best practices No further activity in 110 th Congress.
Senate Activity 2009 New bill S. 678, the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2009. Introduced March 2009. Much like S. 3155 as amended, with technical tweaks. Markup and vote expected in Senate Judiciary in June. No comprehensive bill yet in House.
DMC Core Requirement: Incorporates What We Know Works Implement policy, practice, and system improvement strategies by: - Establishing coordinating bodies of jj stakeholders - Identifying and analyzing key decision points - Developing and implementing data collection and analysis - Developing and implementing work plans with measurable objectives - Publicly reporting efforts
DMC Action Network Model for DMC Reduction Engage Stakeholders in Governing Body Map Decision Points Gather and Analyze Data: Quantitative & Qualitative Focus on Key Decision Points where Measurable Change Can Occur Fashion Remedies Implement Change Evaluate Whether Goals are Met
Other Advances Relevant to DMC States can plan and use formula funding for alternatives to incarceration. Incentive grants have opportunities to increase evidence-based programming. Mental health screening, assessment, and service provision enhancements can divert youth who need those services so they receive them outside the juvenile justice system.
More information: www.act4jj.org or: Dana Shoenberg, Senior Staff Attorney Center for Children s Law and Policy Phone: (202) 637-0377 ext.107 Email: dshoenberg@cclp.org