NCJ Number
128740
Date Published
1991
Length
42 pages
Annotation
A 1990 survey of all 50 States and the District of Columbia gathered information on the amount of discretionary authority that currently exists in juvenile sentencing systems and whether the judicial or executive branch of government exerts that authority.
Abstract
The survey focused on the extent of juvenile judges' authority to decide program placements, treatment modalities, release dates, and the amount of determinacy in periods of confinement. It also sought citations of legal cases regarding judicial versus executive branch authority. Results showed that the time in custody is indeterminate for most juveniles and that the executive branch authorities have the discretionary authority to make the most of the decisions regarding placement, treatment, and length of stay. However, judges have at least some authority in almost half the states, and about one-third of the states have at least a mixture of determinacy and indeterminacy. Only 37 percent of the sentencing jurisdictions maintain the traditional juvenile sentencing model of little or no determinacy or judicial authority. Thus, treatment remains a guiding principle of juvenile justice, although other purposes are also evident and the distinction between the juvenile and adult systems is decreasing. Appended survey instrument and State by State information.