Juvenile Jailing: Federal Compliance

• NCJ Number: 155822
• Journal: American Jails Dated: (March/April 1991) Pages: 92-96
• Author(s): R W Sweet Jr
• Date Published: 1991
• Length: 5 pages
• Corporate Author: Office of Juvenile Justice and Delinquency Prevention (OJJDP)
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This article examines States' compliance with Federal law regarding provisions for the detention of juveniles.

Abstract

In 1974 Congress passed the Juvenile Justice and Delinquency Prevention (JJDP) Act. This act mandated that States who receive formula grants under the JJDP Act remove status offenders and nonoffenders from juvenile detention and adult correction facilities. It also mandated that when juveniles and adults are detained in the same secure facilities, the juvenile detainees must be outside the sight and the hearing of adult inmates. In 1980 Congress amended the JJDP Act to end the practice of juvenile jailings altogether. During the decade since passage of the jail and lockup removal provision, counties, States, and the Federal Government have identified eight key ingredients for success. They are enforceable State law that prohibits the secure detention of juveniles in adult jails and lockups, alternatives for juveniles who do not need to be in secure facilities, access to secure juvenile detention for serious offenders, and objective criteria for deciding which juveniles to detain. Other policies necessary for compliance are the availability of 24-hour intake screening services, community commitment to keep juveniles out of adult jails, written policies and procedures for intake and detention services, and an effective system for monitoring the program for keeping juveniles out of jails. The experiences of five States -- Idaho, Missouri, New Jersey, North Carolina, and Ohio -- are used to show the range of approaches that have been taken nationwide. A summary of State compliance with the jail and lockup removal mandate of the JJDP Act of 1974, as amended, shows which States are in "full compliance," "substantial compliance," and "not in compliance." At the end of 1988, 13 States and territories were still not in compliance with the jail and lockup removal requirements of the law.