NCJ Number
94722
Date Published
1984
Length
13 pages
Annotation
The Department opposes the enactment of S. 520 and S. 522. These bills would provide that certain actions pertaining to juveniles constitute violations of civil rights.
Abstract
The purpose of these bills parallels concepts contained in the Juvenile Justice and Delinquency Prevention (JJDP) Act of 1974, as amended. This Act provides funds to State and local governments for programs designed to provide for the deinstitutionalization of status offenders and for the separation of juveniles from adults in secure detention facilities. S. 520 would establish that placement of juvenile nonoffenders, including status offenders, in secure detention, treatment, or correctional facilities is a violation of the constitutional rights of such juveniles. S. 522 declares that confinement of any person under 18 years old in any adult jail or lockup, is with certain limitations, a violation of juveniles' constitutional right. Both bills would be enforceable through civil actions for damages and equitable relief and would have the effect of assigning personal liability to the public official responsible for the violation of the rights. S. 520 would make it virtually impossible for State and local authorities to detain status offenders in secure facilities. In the case of runaways -- particularly those who are chronic runaways -- that prohibition is too extreme. The costs of a blanket policy prohibiting the holding of these children are far greater than any benefits that might flow from the legislation. The effects of S. 522 requirements for removal of juveniles from jails and lockups for adults are serious because of the extreme financial burden that would be thrust on State and local governments in comparison to the small numbers of people it would benefit. Data supporting these arguments are provided.