Session I: ICJ and Secure Detention Presenters: Session I: ICJ and Secure Detention Presenters: Kari Rumbaugh (NE) Anne Connor (NV) Dale Dodd (NM) Maria Genca (CT) Rick Masters

Objective This training will look at how ICJ Rules address secure detention and how to enforce the OJJDP exclusion with state judiciary. Serving Juveniles While Protecting Communities 2

Juvenile Justice and Delinquency Prevention Act (JJDPA) and the Deinstitutionalization of Status Offenders (DSO) 3

Serving Juveniles While Protecting Communities ICJ Rules 4

Serving Juveniles While Protecting Communities Voluntary & Non-Voluntary Returns ICJ Rules allow for the secure detention of non- delinquent runaways, accused status offenders, escapees, absconders and accused delinquents. Juveniles may be held for a maximum of 90 calendar days. 5

Serving Juveniles While Protecting Communities Voluntary & Non-Voluntary Returns Rule 6-101: Release of Runaways to Parent or Legal Guardian Runaways held over 24 hours do not have to be held in secure detention Runaways endangering themselves or others held beyond 24 hours shall be held in ‘secure facilities’ –Secure facility vs. secure detention 6

Serving Juveniles While Protecting Communities OJJDP Exclusion Juveniles held pursuant to the ICJ are excluded from the deinstitutionalization of status offenders requirements. 7

Serving Juveniles While Protecting Communities Survey Results %

Serving Juveniles While Protecting Communities Non-delinquent Runaways and Status Offenders 9

Serving Juveniles While Protecting Communities Survey Results % 31.37% 68.63%

Serving Juveniles While Protecting Communities How do you detain a status offender when state laws do not permit detainment of youth in locked facilities? 11

Serving Juveniles While Protecting Communities How do you approach the courts when the OJJDP exclusion is not enough to override policies on the secure detention of non-delinquent juveniles? 12

Serving Juveniles While Protecting Communities Where do states hold victims of human trafficking? 13

Serving Juveniles While Protecting Communities Accused and Adjudicated Delinquent Juveniles 14

Serving Juveniles While Protecting Communities Survey Results %

Serving Juveniles While Protecting Communities How do you handle home/demanding states or legal guardians reluctant to make arrangements for a juvenile who is not securely detained? 16

Serving Juveniles While Protecting Communities How do you detain a juvenile listed as a “Missing Person” in NCIC? 17

Serving Juveniles While Protecting Communities Scenarios 18

Serving Juveniles While Protecting Communities Two delinquent runaways in State A are absconders from State B –No warrant Adult court on new charges in State A –Bond set; released from detention center Why weren’t the juveniles returned with ICJ Form III? 19 Scenario

Serving Juveniles While Protecting Communities Juvenile located by law enforcement in State A –Found in NCIC as a missing person in State B Placed in runaway shelter –Compact Office requested secure detention –State A’s detention center refused Juvenile runs away from shelter –Sexually assaulted on streets What is the liability for States A & B to be sued by parents of juvenile for refusal to follow ICJ Rules? 20 Scenario

Serving Juveniles While Protecting Communities Juvenile runaway located in State A –reported runaway status and on probation in State B No warrant –State B does not want juvenile to return Juvenile held in State A detention center Juvenile released to mother living in State A Was the juvenile correctly held in the detention center? 21 Scenario

Serving Juveniles While Protecting Communities Juvenile picked up by law enforcement in State A –Juvenile discloses runaway status from State B Juvenile not found in NCIC What are State A and State B Compact Offices responsible for? 22 Scenario

Serving Juveniles While Protecting Communities Nebraska Secure vs. Staff Secure –Non-violent runaways Detention center decision? Staff decision? 23 Scenario

Serving Juveniles While Protecting Communities Opposition : SOS Project Coalition for Juvenile Justice Preventing court involvement and incarceration of status offenders and non-delinquent juveniles. 24

Serving Juveniles While Protecting Communities White Paper Temporary Secure Detention of Non-Adjudicated Juvenile Runaways –October

Questions? 26