Juvenile Justice and Delinquency Prevention Act

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Juvenile Justice and Delinquency Prevention Act of 1974
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Long titleAn Act to provide a comprehensive, coordinated approach to the problems of juvenile delinquency, and for other purposes.
Acronyms (colloquial)JJDPA
Enacted bythe 93rd United States Congress
EffectiveSeptember 7, 1974
Citations
Public law 93-415
Statutes at Large 88  Stat.   1109
Codification
Titles amended42 U.S.C. § 5601 et seq.
Legislative history
Major amendments
Juvenile Justice Reform Act of 2018
21st Century Department of Justice Appropriations Authorization Act

The Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) is a United States federal law providing formula grants to states that follow a series of federal protections on the care and treatment of youth in the juvenile justice and criminal justice systems.

Contents

Summary of provisions

The JJDPA, as amended, contains four "core protections" or "core mandates" for youth: [1] [2] [3]

The JJDPA created the Office of Juvenile Justice and Delinquency Prevention (OJJDP) within the United States Department of Justice as the "lead agency for juvenile justice" to supervise the implementation of the JJDPA. [4]

Legislative history and reauthorizations

Enacted in 1974, the original JJDPA (Pub. L. 93-415) was the first comprehensive federal juvenile justice legislation enacted in the United States. [3] The "DSO" and "sight and sound" protections were part of the original law in 1974. [5] [4]

Congress reauthorized the JJDPA in 1977, 1980, 1984, and 1988. [6] The 1980 reauthorization legislation added the "valid court order" exception to the DSO requirement and also enacted the jail removal requirement, [5] in response to research on the negative outcomes for youth incarcerated in adult facilities, including high suicide rates; frequent physical, mental, and sexual assault by adult inmates and staff; inadequate educational, recreation, and vocational programming; negative labeling and self-images; and contact with serious offenders or mentally disturbed inmates. [7]

The "DMC" requirement was added in the JJDPA in the 1992 amendments to the Act, [8] the Juvenile Justice and Delinquency Prevention Reauthorization Act of 1992 (Pub. L. 93-415). [9] The 1992 reauthorization also established new requirements for states to identify and address gender bias. [10]

The bill was again reauthorized in 2002, [11] as the Juvenile Justice and Delinquency Prevention Act of 2002, enacted as Title II, Subtitle B, of the 21st Century Department of Justice Appropriations Authorization Act (Pub. L. 107-273). [12] The 2002 legislation extended the various JJDPA grant programs through fiscal year 2007 (for some programs) or fiscal year 2008 (for others). [3] This was the last authorization in many years. [13] [14] Bills to reauthorize and reform the juvenile delinquency prevention programs of the JJDPA were repeatedly introduced by Senators Patrick Leahy, Charles Grassley and Sheldon Whitehouse, but did not receive floor votes in the Senate. [11] [13] [15] After the authorization expired, Congress continued to make appropriations for particular JJDPA grants and activities, but only on a sporadic basis. [3]

A re-authorization bill, the Juvenile Justice Reform Act of 2018 (Pub. L. 115-385) was enacted in December 2018, [16] marking the first reauthorization since 2002. [1] addition to reauthorizing core parts of the existing JJDPA, the 2018 bill made several significant changes to juvenile justice law. [1] [2] [3] [17] A summary of the 2018 act prepared by the Annie E. Casey Foundation noted that the act incorporates key provisions of the Youth PROMISE Act, including funding for community-based prevention, intervention, and treatment programs for youth at risk of delinquency; [2] requires states applying for federal funding to submit a three-year plan about age-appropriate treatments of adolescent in light of "scientific knowledge about adolescent brain development and behavior"; [2] and includes statistical-collection mandates that require OJJDP and the states to report data on "the use of restraints and isolation; youth who have other disabilities in addition to learning disabilities; status offense charges filed and youth securely confined based on status offenses; living arrangements of youth returning from custody; school-based offenses; pregnant youth in custody; and child abuse and neglect reports related to youth entering the juvenile system." [2] A separate criminal justice bill, the FIRST STEP Act, was signed into law the same day; that Act significantly restricts the use of solitary confinement on youth detained in federal facilities, but does not apply to state facilities. [2]

State participation and non-participation

States that are compliant with the JJDPA receive a formula grant. [18] Specifically, eligible states—those that comply with the Act's terms, "establish plans for the administration of juvenile justice in their states and agree to submit annual reports to OJJDP concerning their progress in implementing the plans"—are allocated annual formula grants based on a formula determined by the state's proportion of juveniles (persons under age 18). [3] The JJDPA provides a minimum annual allocation for states receiving funding. [3]

As of 2018, 47 of the 50 states participate in the act; the three nonparticipating states are Wyoming, Connecticut, and Nebraska. [18] [3] The territory of American Samoa also does not participate in the JJDPA program. [3]

See also

Related Research Articles

Juvenile delinquency Illegal behavior by minors

Juvenile delinquency, also known as "juvenile offending", is the act of participating in unlawful behavior as a minor or individual younger than the statutory age of majority. For example, in the United States of America a juvenile delinquent is a person who is typically below 18 years of age and commits an act that otherwise would have been charged as a crime if they were an adult. Juvenile crimes can range from status offenses, to property crimes and violent crimes.

NISMART or the National Incidence Studies of Missing, Abducted, Runaway and Throwaway Children, was a research project supported by the United States Department of Justice. It was enacted to address the 1984 Missing Children's Assistance Act. This required the Office of Juvenile Justice and Delinquency Prevention (OJJDP) to conduct periodic national incidence studies to determine the actual number of children reported missing and the number recovered. The first study, NISMART-1 in 1988 categorized the various missing children reports and estimated the number of missing and recovered children in each. In 1999, a second study dubbed NISMART-2 was initiated. The two studies cannot be compared against each other due to categorizing techniques being distinct in each study. Also, NISMART-2 interviewed youth directly whereas NISMART-1 did not.

Juvenile court Court to try minors for legal offenses

A juvenile court is a tribunal having special authority to pass judgements for crimes that are committed by children who have not attained the age of majority. In most modern legal systems, children who commit a crime are treated differently from legal adults that have committed the same offense.

Youth detention center Type of prison for people under the age of majority

In criminal justice systems a youth detention center, known as a juvenile detention center (JDC), juvenile detention, juvenile hall, or more colloquially as juvie/juvy, also sometimes referred as observation home or remand home is a prison for people under the age of 21, often termed, to which they have been sentenced and committed for a period of time, or detained on a short-term basis while awaiting trial or placement in a long-term care program. Juveniles go through a separate court system, the juvenile court, which sentences or commits juveniles to a certain program or facility.

Office of Juvenile Justice and Delinquency Prevention

The Office of Juvenile Justice and Delinquency Prevention (OJJDP) is an office of the United States Department of Justice and a component of the Office of Justice Programs. The OJJDP publishes the JRFC Databook on even numbered years for information on youth detention.

American juvenile justice system

The American juvenile justice system is the primary system used to handle minors who are convicted of criminal offenses. The system is composed of a federal and many separate state, territorial, and local jurisdictions, with states and the federal government sharing sovereign police power under the common authority of the United States Constitution. The juvenile justice system intervenes in delinquent behavior through police, court, and correctional involvement, with the goal of rehabilitation. Youth and their guardians can face a variety of consequences including probation, community service, youth court, youth incarceration and alternative schooling. The juvenile justice system, similar to the adult system, operates from a belief that intervening early in delinquent behavior will deter adolescents from engaging in criminal behavior as adults.

A young offender is a young person who has been convicted or cautioned for a criminal offense. Criminal justice systems often deal with young offenders differently from adult offenders, but different countries apply the term "young offender" to different age groups depending on the age of criminal responsibility in that country.

Juvenile law pertains to those who are deemed to be below the age of majority, which varies by country and culture. Usually, minors are treated differently under the law. However, even minors may be prosecuted as adults.

This page is primarily concerned with juvenile delinquency in the United States. For information on juvenile delinquency in general, see juvenile delinquency. In addition, although the term juvenile delinquency often refers to juvenile as both the victims and the aggressors, this page only refers to juveniles as the actual delinquents. The information and statistics for juveniles as victims rather than offenders is much different. For information about juveniles as the victims of violent attacks, see trafficking of children, child abuse, child sexual abuse, or prostitution of children.

Second Chance Act (2007)

The Second Chance Act of 2007, titled "To reauthorize the grant program for reentry of offenders into the community in the Omnibus Crime Control and Safe Streets Act of 1968, to improve reentry planning and implementation, and for other purposes," was submitted to the House by Representative Danny Davis (D-IL) to amend the Omnibus Crime Control and Safe Streets Act of 1968 to reauthorize, rewrite, and expand provisions for adult and juvenile offender state and local reentry demonstration projects to provide expanded services to offenders and their families for reentry into society. H.R. 1593 was signed into law April 9, 2008.

Youth incarceration in the United States

The United States incarcerates more of its youth than any other country in the world through the juvenile courts and the adult criminal justice system, which reflects the larger trends in incarceration practices in the United States. In 2010, approximately 70,800 juveniles were incarcerated in youth detention facilities alone. As of 2006, approximately 500,000 youth were brought to detention centers in a given year. This data does not reflect juveniles tried as adults. As of 2013, around 40% were incarcerated in privatized, for-profit facilities.

Trial as an adult is a situation in which a juvenile offender is tried as if they were an adult, whereas they will receive a long sentence at a young age.

Campaign for Youth Justice

The Campaign for Youth Justice (CFYJ) is a national campaign in the United States dedicated to ending the practice of trying, sentencing, and incarcerating children under age 18 in the adult justice system. Founded in 2005, CFYJ has become a national clearinghouse on the issue of trying youth in adult court. It is also one of the leading advocates for the reauthorization of the Juvenile Justice and Delinquency Prevention Act. CFYJ is an advocacy group with nonprofit status.

The Illinois Department of Juvenile Justice (IDJJ) is the code department of the Illinois state government that acts as the state juvenile corrections agency.

The North Carolina Department of Juvenile Justice and Delinquency Prevention (DJJDP) was a state agency of North Carolina, headquartered in Raleigh. The agency operates juvenile corrections facilities in the state. It is now a part of the North Carolina Department of Public Safety.

Raising the age of juvenile jurisdiction in the state of North Carolina has been an ongoing issue in the North Carolina General Assembly. There are currently two pieces of legislation focusing on this issue, Senate Bill 506 and House Bill 632, which seek to raise the age of jurisdiction from 16 to 18. Four members of the North Carolina House of Representatives serve as the primary sponsors and there are twenty-six co-sponsors. Most of U.S. States define an adult at 18 years old; however, North Carolina and New York define a juvenile who has committed a criminal offense as no older than 16, which places 16- and 17-year-olds in a position where they are tried as adults for any offense.

Missing Childrens Assistance Reauthorization Act of 2013

The Missing Children's Assistance Reauthorization Act of 2013 is a bill that was introduced into the United States House of Representatives during the 113th United States Congress. The Missing Children's Assistance Reauthorization Act of 2013 reauthorizes the Missing Children's Assistance Act and authorizes $40 million a year to fund the National Center for Missing and Exploited Children.

Gender responsive approach for girls in the juvenile justice system

Gender responsive approach for girls in the juvenile justice system represents an emerging trend in communities and courts throughout the United States, Australia and Latin America, as an increasing number of girls are entering the juvenile justice system. A gender responsive approach within the juvenile justice system emphasizes considering the unique circumstances and needs of females when designing juvenile justice system structures, policies, and procedures.

Criminal justice reform in the United States

Criminal justice reform addresses structural issues in criminal justice systems such as racial profiling, police brutality, overcriminalization, mass incarceration, and recidivism. Reforms can take place at any point where the criminal justice system intervenes in citizens’ lives, including lawmaking, policing, sentencing and incarceration. Criminal justice reform can also address the collateral consequences of conviction, including disenfranchisement or lack of access to housing or employment, that may restrict the rights of individuals with criminal records.

The Runaway and Homeless Youth Act is a US law originally passed in 1974 as Title III of the Juvenile Justice and Delinquency Prevention Act. The bill sets the federal definition of homeless youth, and forms the basis for the Runaway and Homeless Youth Program, administered by the Family and Youth Services Bureau. It has been reauthorized multiple times, and is due for re-authorization as of March 2018.

References

  1. 1 2 3 4 5 6 7 8 9 10 John Kelly, A Complete Breakdown of America's New Juvenile Justice Law, Chronicle of Social Change (January 8, 2019).
  2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Five Things to Know About the New Juvenile Justice Act, Annie E. Casey Foundation (February 8, 2019).
  3. 1 2 3 4 5 6 7 8 9 Juvenile Justice and Delinquency Prevention Act (JJDPA) Formula Grant Reauthorization, Congress Research Service (March 18, 2019).
  4. 1 2 3 4 Chapter 12: The Federal Role, Reforming Juvenile Justice: A Developmental Approach, Committee on Assessing Juvenile Justice Reform, National Research Council (2013).
  5. 1 2 JJDPA Timeline, 2013, Statistical Briefing Book, Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Justice.
  6. ↑ Suzanne Cavanagh & David Teasley, Juvenile Justice and Delinquency Prevention: Background and Current Issues, Congressional Research Service (August 11, 1992).
  7. ↑ Charles P. Smith, Questions and Answers Concerning Proposed Amendment on Removal of Juveniles From Adult Jails and Lockups, National Criminal Justice Reference Service (May 20, 1980).
  8. ↑ Disproportionate Minority Contact (DMC), Literature Review, Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Justice (last updated November 2014).
  9. ↑ Juvenile Justice and Delinquency Prevention Reauthorization Act of 1992: Summary of Major Provisions, Congressional Research Service (November 17, 1992).
  10. ↑ "About OJJDP: Legislation". Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Justice.
  11. 1 2 John Kelly (2014-12-11). "Bipartisan Juvenile Justice Bill Would Phase Out Valid Court Order, Demand Data on Isolation". Chronicle of Social Change. Retrieved 2014-12-12.
  12. ↑ [H.R.2215 - 21st Century Department of Justice Appropriations Authorization Act], 107th Congress (2001-2002), Congress.gov.
  13. 1 2 John Kelly, What's Actually In the JJDPA Reauthorization Bill, Chronicle of Social Change (May 5, 2015).
  14. ↑ Juvenile Justice Reauthorization Again On Brink of Passage, or Collapse, 'Chronicle of Social Change (October 2, 2018).
  15. ↑ "Senators Grassley and Whitehouse Introduce Juvenile Justice Bill". The Sentencing Project. Retrieved 2014-12-12.
  16. ↑ H.R.6964 - Juvenile Justice Reform Act of 2018, 115th Congress (2017-2018), Congress.gov.
  17. ↑ "Key Amendments to the Juvenile Justice and Delinquency Prevention Act Made by the Juvenile Justice Reform Act of 2018". Office of Juvenile Justice and Delinquency Prevention. Retrieved 2020-08-29.
  18. 1 2 Lacey Johnson, JJDPA Reauthorization Passes Congress After 16 Years, Juvenile Justice Information Exchange (December 13, 2018).
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