Comparative Analysis of Juvenile Justice Standards and the JJDP (Juvenile Justice Delinquency Prevention) Act, Volume 3 - Reducing Detention and Commitments and Community-based Alternatives to Incarceration

• NCJ Number: 76583
• Author(s): R W McCulloh
• Date Published: 1981
• Length: 92 pages
• Grant Number(s): 79-JN-AX-0013; 77-JN-99-0008; 77-JN-99-0009; 77-JN-99-0008 (S-1); 77-JN-99-0008 (S-2)
• Sponsoring Agency: US Securities and Exchange Cmssn
• Corporate Author: American Justice Institute
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America
• Note: Juvenile Justice Standards Series

Annotation

This is the third of four volumes which analyze recently promulgated national standards for juvenile justice in relation to the 1974 Juvenile Justice and Delinquency Prevention Act, as amended through 1977. This volume focuses on two major policies contained in the Act: reducing detention and commitments and community-based alternatives to incarceration.

Abstract

The analysis identified various recommendations and standards prepared by four prominent national standards setting organizations: the National Advisory Committee for Juvenile Justice and Delinquency Prevention (NAC), the Task Force on Juvenile Justice and Delinquency Prevention of the National Advisory Committee on Criminal Justice Standards and Goals (Task Force), the Institute of Judicial Administration/American Bar Association Juvenile Justice Standards Project (IJA/ABA), and the American Correctional Association's Commission on Accreditation for Corrections (CAC). Pertinent provisions of the JJDP Act are presented as they relate to reducing detention and commitments and to community-based alternatives, and positions recommended by the standards groups are analyzed and summarized for specific issues. With respect to preadjudicatory commitments, the first three groups urge expanded use of citations and all four groups propose criteria for detention decisions, with two groups (NAC and IJA/ABA) specifically addressing secure detention. All four groups call for a judicial hearing on the initial detention decision and subsequent periodic judicial review. NAC, the Task Force, and IJA/ABA propose legislatively determined maximum dispositions for several classes of offenses and require the court to select the 'least restrictive alternative' disposition appropriate. Furthermore, they require judicial hearings on violations of dispositional orders. The CAC requires hearings by the court or the releasing authority. Regarding community-based alternatives to incarceration, all four groups strongly emphasize that nonsecure facilities should also be located within the community. These organizations call for a 20-bed maximum in living units in training schools, with 3 groups approving maximum populations of 12 to 20 for nonsecure facilities and 1 endorsing a limit of 40. Where secure facilities must be used, all four groups urge they be located in or near the home community. Finally, all four groups suggest consumer participation in developing individual service plans. They endorse varying types of community involvement committees and the use of citizen volunteers. For each issue, the report presents a table summarizing the positions recommended by the standards-setting groups and a matrix of interrelated standards. A total of 262 reference notes are provided. Relevant provisions of the 1980 Amendments to the JJDP Act and a key to abbreviations are appended. For remaining volumes in this series, see NCJ 76581, 76582, and 76584. (Author abstract modified)