NCJ Number
41911
Editor(s)
R J MARCELLI,
J FOSTER,
J L WHITE
Date Published
1977
Length
173 pages
Annotation
THIS REPORT WAS DESIGNED TO ASSIST STATES IN COMPLYING WITH THE SECTION OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974 (JJDPA) THAT REQUIRES THE STATES TO PROVIDE 'SHELTER FACILITIES' FOR STATUS OFFENDERS.
Abstract
PRESENTLY, MANY STATES DO NOT DIFFERENTIATE IN THEIR TREATMENT OF STATUS OFFENDERS AND THOSE JUVENILE OFFENDERS WHO HAVE COMMITTED CRIMINAL-TYPE OFFENSES, EITHER BECAUSE BOTH GROUPS ARE CLASSIFIED AS DELINQUENTS OR BECAUSE THEY ARE MIXED INDISCRIMINATELY IN DETENTION AND CORRECTIONAL FACILITIES. SECTION 223(A)(12) OF THE JJDPA REQUIRES STATES TO MAKE SUCH A DIFFERENTIATION BY PLACING STATUS OFFENDERS IN SHELTER FACILITIES, NOT IN JUVENILE DETENTION OR CORRECTIONAL FACILITIES. SINCE CONGRESS FAILED TO DEFINE SHELTER, JUVENILE DETENTION, AND CORRECTIONAL FACILITIES, RESEARCH WAS NEEDED TO RESOLVE THESE ISSUES. THE RESEARCH DESIGN THAT WAS DEVELOPED CALLED FOR THE COLLECTION AND ANALYSIS OF DATA FROM SIX SPECIFIC SOURCES IN ORDER TO DETERMINE THE INTENT OF CONGRESS. THESE SOURCES WERE THE JJDPA ITSELF, THE LEGISLATIVE HISTORY OF THE ACT, THE STATE CODES CREATING AND CONTROLLING THESE TYPES OF FACILITIES, STATE REGULATIONS CONTROLLING THE LICENSING OF THESE TYPES OF FACILITIES, STANDARDS PROMULGATED BY NATIONAL ORGANIZATIONS DEFINING OR DESCRIBING THESE TYPES OF FACILITIES, AND MODEL LEGISLATION PROPOSED BY NATIONAL ORGANIZATIONS. THIS COMPREHENSIVE DATA IS ANALYZED AND APPENDED. THE ABSENCE OF CLEAR, LEGALLY DEFENSIBLE CLASSIFICATION CRITERIA LED TO THE CONCLUSION THAT WHEN CONGRESS IDENTIFIED JUVENILE DETENTION, CORRECTIONAL, AND SHELTER FACILITIES, IT HAD NO SPECIFIC LEGAL REFERENT IN MIND. AS A CONSEQUENCE, THIS REPORT HAS SUGGESTED THREE OPTIONAL CLASSIFICATION CRITERIA FOR DETENTION FACILITIES, THREE FOR CORRECTIONAL FACILITIES, AND A VERY BROAD, AGGREGATED COMPOUND SET OF CLASSIFICATION CRITERIA FOR 'SHELTER FACILITIES.' (AUTHOR ABSTRACT MODIFIED)... MSP