NCJ Number
48137
Date Published
1978
Length
17 pages
Annotation
THE STANDING OF STATUS OFFENDERS WITHIN THE JUVENILE JUSTICE SYSTEM IS EXAMINED, PARTICULARLY STATE HANDLING OF STATUS OFFENDERS, LITIGATION, CONTEMPORARY STATISTICS, AND POLICY AND PROGRAM ISSUES.
Abstract
THERE ARE DIFFERENCES AMONG THE STATES CONCERNING JUVENILE COURT JURISDICTION OVER STATUS OFFENDERS WITH RESPECT TO: (1) AGE, (2) SCOPE AND NATURE OF DELINQUENT AND STATUS OFFENSE DEFINITIONS, (3) OFFENSE LIMITATIONS ON THE COURT'S POWERS, (4) JURISDICTIONAL CONFLICTS, AND (5) PERMISIBLE INTERACTION WITH THE ADULT SYSTEM. AS OF 1976, ALL 50 STATES AND THE DISTRICT OF COLUMBIA RETAINED STATUS OFFENDERS WITHIN THE PURVIEW OF THE JUVENILE COURT, BUT THE PASSAGE OF THE FEDERAL JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT IN 1974 HAS STIMULATED MANY NEW CODE PROPOSALS. AN ANALYSIS DONE IN 1972 REVEALED THAT 24 STATES AND THE DISTRICT OF COLUMBIA HAD ALREADY DEVELOPED SEPARATE CATEGORIES TO CLASSIFY STATUS OFFENDERS; 8 OTHER STATES HAD MIXED CATEGORIES. AS OF 1972, ONLY 18 OF THOSE STATES WITH SEPARATE CATEGORIZATION HAD PLACED RESTRICTIONS ON DISPOSITIONAL ALTERNATIVES, WHILE ONLY FOUR REQUIRED SEPARATE DETENTION HAD FAIRLY STRINGENT PROHIBITIONS AGAINST PLACING STATUS OFFENDERS WITH DELINQUENTS IN CORRECTIONAL FACILITIES. STATUTORY REVIEWS INDICATE THAT STATUS OFFENDERS ARE STILL LARGELY VIEWED AS MISBEHAVING YOUTH WHO REQUIRE COURT INTERVENTION. LEGAL CHALLENGES TO STATUS OFFENSES HAVE MOST FREQUENTLY ARISEN FOR THE FOLLOWING REASONS: (1) VAGUENESS, (2) PUNISHMENT OF A CONDITION, AND (3) OVEREXTENSION. RELEVANT COURT DECISIONS ARE CITED AND DISCUSSED REGARDING EACH OF THESE FORMS OF CHALLENGE. WITH RESPECT TO THE CONTEMPORARY STANDING OF STATUS OFFENDERS WITHIN THE JUVENILE JUSTICE SYSTEM, BECAUSE ADEQUATE INFORMATION PROCEDURES ARE LACKING AT LOCAL, STATE, AND NATIONAL LEVELS, IT IS NOT POSSIBLE TO REPORT ACCURATELY EVEN THE TOTAL NUMBER OF JUVENILES WHO ARE PROCESSED THROUGH THE SYSTEM EACH YEAR. IT IS ESTIMATED THAT IN 1972, 1,112,500 DELINQUENCY CASES WERE PROCESSED BY THE NATION'S JUVENILE COURTS. HOW MANY OF THOSE CASES INVOLVED STATUS OFFENDERS CAN ONLY BE CRUDELY ESTIMATED AT ABOUT 30 PERCENT. ALTHOUGH THE DELINQUENCY PREVENTION ACT REQUIRES THAT STATUS OFFENDERS BE HELD IN NONSECURE FACILITIES AND NOT COMMINGLED WITH DELINQUENTS, STATE RESPONSE HAS BEEN UNEVEN, THOUGH AT TIMES SIGNIFICANT. HOWEVER, INSTITUTIONALIZATION OF YOUTHS FOR NONCRIMINAL BEHAVIOR IS STILL PREVALENT IN MOST STATES DESPITE NUMEROUS RECOMMENDATIONS FOR ALTERNATIVE COMMUNITY-BASED PROGRAMMING, ALTHOUGH EXPERIENCES IN THOSE STATES WITH VARIABLE COMMUNITY-BASED PROGRAMS INDICATE THAT THEY CAN BE EFFECTIVE FOR MOST YOUTHS. TABULAR DATA AND REFERENCES ARE PROVIDED. (KBL)