Compliance Monitoring Overview “Strengthening the Community Response to Increase Successful Outcomes for Our Youth” 2017 JJAB Conference

JJDP Act Core Requirements Deinstitutionalization of Status Offenders—1974 Separation—1974 Jail Removal—1980 Disproportionate Minority Confinement—1988

Deinstitutionalization of Status Offenders (DSO) Section 223(a)(11) Juveniles who are charged with or who have committed offenses that would not be criminal if committed by an adult… or such non-offenders as dependent or neglected children shall not be placed in secure detention or correctional facilities.

Separation Section 223(a)(12) Juveniles alleged to be or found to be delinquent [and status offenders and non-offenders] will not be detained or confined in any institution in which they have contact with adult inmates.

Jail Removal Section 223(a)(13) No juvenile shall be detained or confined in any jail or lockup for adults.

Core Requirements of the JJDP Act Deinstitutionalization of Status Offenders Sight and Sound Separation Jail Removal Disproportionate Minority Contact

DSO Sec. 223 (a)(11) A status offender is a juvenile offender who has been charged with or adjudicated for conduct that would not be a crime if committed by an adult. A non-offender is a juvenile who is subject to the jurisdiction of the juvenile court, usually under abuse, dependency, or neglect statutes, for reasons other than legally prohibited conduct of the juvenile. Status Offenders and non-offenders cannot be placed in secure detention or correctional facilities. DEFINE NOT AN OFFENDER – TO DISTINQUISH FROM NON OFFENDER

DSO—Sec. 223 (a)(11) Examples of Status Offenses Runaway Ungovernable/incorrigible Curfew violation Truancy Possession of alcohol as a minor Possession of tobacco as a minor Traffic violations civil in nature

DSO—Section 223(a)(11) Examples of Non-Offenses Child abuse and neglect Immigration violations (aliens) Danger to self or others (mental health) Abandonment

DSO—223(a)(11) IV. Youth Handgun Safety Act Prohibits possession of a handgun by a minor under age18. Youth who violate the Youth Handgun Safety Act or a similar law are considered delinquent offenders. Such youth can be placed in secure detention or correctional facilities.

Notes! States found out of compliance with the DSO Core Requirement lose 20% of their Formula Grants allocation. The remaining 50% of the Formula Grants allocation must be spent to bring the State back into compliance with DSO.

Core Requirements of the JJDP Act Deinstitutionalization of Status Offenders Sight and Sound Separation Jail Removal Disproportionate Minority Contact

SEPARATION Section 223(a)(12) Juveniles alleged to be or found to be delinquent [and status offenders and non-offenders] will not be detained or confined in any institution in which they have contact with adult inmates.

SEPARATION Sec. 223 (a)(12) [cont’d] Contact is defined to include any physical or sustained sight and/or sound contact between juvenile offenders in secure custody status and incarcerated adults, including inmate trustees.

SEPARATION Sec. 223 (a)(12) [cont’d] Inadvertent or Accidental Contact: Instances need not be reported if they occur in secure areas of a facility that are not dedicated to use by juvenile offenders and which are nonresidential. Any contact in a dedicated juvenile area, including residential area of a secure facility, would be a violation.

Scared Straight, Shock Incarceration, Jail Tours… No juvenile shall enter under public authority, for any amount of time, into a secure setting or section of an adult jail, lockup, or correctional facility as a disposition of an offense or as a means of modifying his or her behavior.

Deinstitutionalization of Status Offenders Sight and Sound Separation CORE REQUIREMENTS OF THE JJDP ACT Deinstitutionalization of Status Offenders Sight and Sound Separation Jail Removal Disproportionate Minority Contact

Jail Removal Section 223(a)(13) No juvenile shall be detained or confined in any jail or lockup for adults.

Jail Removal Exceptions: JAIL REMOVAL Section 223(a)(13) Jail Removal Exceptions: Six-Hour Rule Court Appearance Hold III. Rural Exception IV. Transferred, Certified, Waived, or Direct File Youth

JAIL REMOVAL Section 223(a)(13) I. Six-Hour Rule of Reason An alleged delinquent may be detained for up to six hours, while separate from adults, for the purposes of identification, processing, and arranging for release to parents or transfer to juvenile court officials or juvenile shelter or detention facilities.

JAIL REMOVAL Section 223(a)(13) II. Six-Hour Court Appearance Hold An alleged or adjudicated delinquent may be detained, while separate from adults, for up to six hours before and after a court appearance. This hold must be related to a court appearance.

Custody Flowchart

Inspection of Facilities Three reasons to inspect facilities: To confirm your classification (secure or nonsecure and who is being held there) To assess the separation levels at all points in the facility To determine if their record keeping system is adequate for you to collect the necessary data to determine compliance with the Core Requirements

Inspection of Facilities (cont’d) Confirm your classification: Is this facility secure or nonsecure? Is it for juveniles only, adults only, or juveniles and adults? Is it residential or nonresidential? Public or private? Once you answer these, and perhaps more, questions you will know how to classify it pursuant to federal definitions of terms.

Inspection of Facilities (cont’d) Walk through the facility as if you were a juvenile. Assess separation levels Ask lots of questions: When are adults in this area? When are trustees used? May I have a copy of your policies on separation? Enter a cell and ask the Deputy to walk into an adjoining cell to test sound separation (where juveniles are held securely in the vicinity of adults).

Inspection of Facilities (cont’d) More questions: How are juveniles processed? Where do they enter facility? Who escorts them? Is time-phasing used? Where are nonsecure areas? Is there a nonsecure booking area?

Inspection of Facilities: Onsite Walk through the facility as if you were a juvenile. Review sight and sound separation, records, security levels. Obtain a layout and sample of log. Obtain copies of any policies.

Why Monitor Facilities? Section 223(a)(14) of the JJDP Act: Participating States must provide for an adequate system of monitoring jails, detention facilities, correctional facilities, and nonsecure facilities to insure that the requirements of paragraph (11), paragraph (12), and paragraph (13) are met, and for the annual reporting of the results of such monitoring to the [OJJDP] Administrator…

Note! Section 223(a)(14) requires that States monitor NONSECURE facilities.

How Frequently Must Facilities Be Monitored Onsite? 100% of secure facilities in your universe must be inspected onsite at least one time every three years. A minimum of 10 percent per year must be inspected. Exception: Lockups (even those believed to be nonsecure) must be subject to inspection one time every three years. This is a minimum standard. Best practice dictates that States monitor 100% of secure facilities annually.

Monitoring Adult Facilities

What Adult Facilities Need Monitoring? Adult jails Adult lockups—police departments, substations, sheriffs’ departments Court holding facilities Adult prisons

Note! Adult lockups are the primary adult facilities needing monitoring. 2. An adult lockup is where the majority of data will be as it is often the first stop for youth upon arrest.

Federal Definition of Adult Lockup Similar to an adult jail, except that an adult lockup is a temporary-hold facility which does not hold persons after they have been formally charged. Law enforcement facilities without cells but containing cuffing rails or cuffing benches.

How to Monitor Adult Jails and Lockups for DSO, Jail Removal, and Separation Facilities’ self-report admissions logs. Compliance Monitor verifies potential violations over the phone. Compliance monitor conducts onsite inspections to verify violations and visually confirm sight and sound separation.

Note! Juveniles who have been transferred to adult court and against whom criminal felony charges have been filed do not fall under the auspices of the JJDP Act for jail removal and separation requirements within jails and lockups. These juveniles are subject to State law.

Court Holding Facilities A court holding facility is a secure facility, other than an adult jail or lockup, that is used to temporarily detain persons immediately before or after detention hearings or other court proceedings.

Court Holding Facilities (cont’d) Court holding facilities must: Meet the definition of a court holding facility. Not detain individuals overnight (i.e., nonresidential). Not be used for punitive purposes or other purposes not related to a court appearance. Provide for sight and sound separation in all secure areas. If the facility does not meet this criteria, it must be monitored as an adult jail or lockup.

Court Holding Facilities (cont’d) A status offender may be held in a court holding facility if the facility meets the requirements of a court holding facility. A delinquent offender may be held in a court holding facility if the facility meets the requirements of a court holding facility. Sight and sound separation must be provided at all times.

Which Core Requirements Apply to Court Holding Facilities? Separation

Compliance Monitors are not simply bean counters. Rather, they… Ensure that children and youth are treated in accordance to the Act. Serve as the authority in the State on Compliance Monitoring issues. Assist facilities in meeting liability with regards to how children can be detained.

QUESTIONS?