1. JJDPA Reauthorization 2009: An Update DMC Action Network Annual Meeting May 15, 2009

2. Background  JJDPA authorizes federal funds to go to the states for juvenile justice.  Expectation that states comply with core requirements and write plans for delinquency prevention and intervention, including “addressing” DMC.  OJJDP has reporting, oversight and technical assistance responsibilities.  Each state has an advisory group to guide plans and decide how to allocate funds.

3. Core Protections  Jail Removal  Juveniles should not be placed in adult jails  Applies pre and post-trial  “Sight and Sound” Separation  Applies to juveniles who are temporarily placed in adult jails  Must be separated from adult inmates by “sight and sound”

4. Core Protections, cont.  De-institutionalization of status offenders (DSO)  Status offenders cannot be locked up unless they violate a valid court order  Disproportionate Minority Contact (DMC)  States must “address” problem of over-representation

5. JJDPA History  First passed 1974  JJDPA last reauthorized 2002, without major substantive changes, but changed “Disproportionate Minority Confinement” to “Disproportionate Minority Contact”.  Last substantive reauthorization 1992, which was when DMC became a core protection.  Much research and programmatic progress since then, so JJDPA is due for an update.

6. Senate Activity 2008  Summer 2008: S. 3155 passed by Senate Judiciary Committee.  Bill as passed included substantial developments:  Extending jail removal and sight and sound separation protections to youth charged as adults;  Phase-out of Valid Court Order loophole allowing incarceration of status offenders;  More detail about DMC reduction;  Added improving conditions of confinement to data collection, OJJDP’s TA, and state plan; and  Incentive grants – mental health and best practices  No further activity in 110 th Congress.

7. Senate Activity 2009  New bill S. 678, the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2009.  Introduced March 2009.  Much like S. 3155 as amended, with technical tweaks.  Markup and vote expected in Senate Judiciary in June.  No comprehensive bill yet in House. .

8. DMC Core Requirement: Incorporates What We Know Works Implement policy, practice, and system improvement strategies by: - Establishing coordinating bodies of jj stakeholders - Identifying and analyzing key decision points - Developing and implementing data collection and analysis - Developing and implementing work plans with measurable objectives - Publicly reporting efforts .

9. DMC Action Network Model for DMC Reduction Engage Stakeholders in Governing Body Map Decision Points Gather and Analyze Data: Quantitative & Qualitative Focus on Key Decision Points where Measurable Change Can Occur Fashion Remedies Implement Change Evaluate Whether Goals are Met

10. Other Advances Relevant to DMC  States can plan and use formula funding for alternatives to incarceration.  Incentive grants have opportunities to increase evidence-based programming.  Mental health screening, assessment, and service provision enhancements can divert youth who need those services so they receive them outside the juvenile justice system. .

11. www.act4jj.org or: Dana Shoenberg, Senior Staff Attorney Center for Children’s Law and Policy Phone: (202) 637-0377 ext.107 Email: dshoenberg@cclp.orgdshoenberg@cclp.org More information: