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Summary of Juvenile Justice Provisions in 21st Century Department of Justice Appropriations Act (P.L. 107-273)
On November 2, 2002, the President signed into law legislation authorizing U.S. Department of Justice programs (P.L. 107-273) - which includes juvenile justice programs. This new law makes changes to the Juvenile Justice and Delinquency Prevention Act (JJDPA), the major federal law governing the juvenile justice system.
The law reauthorizes the JJDPA and is remarkably close to current law. It represents tremendous progress over previous legislative proposals considered in Congress over the past several years that would have seriously weakened prevention efforts and core protections for young people who come in contact with law enforcement, as well as focused on punishment and incarceration. The law authorizes the Juvenile Accountability Incentive Block Grant (JAIBG) and significantly expands program purpose areas to provide additional services and treatment for troubled youth.
With some minor exceptions, this law maintains the core protections for youth in the juvenile justice system (which had essentially been stripped away in earlier versions of the legislation and replaced by provisions to encourage sending more youth to the adult criminal justice system). The bill actually expands the protection relating to disproportionate minority confinement to require states to look at the disproportionate minority representation of all youth who come in contact with the juvenile justice system-not just those confined. It continues the formula grants to states, maintains the Title V local delinquency prevention grant program, and authorizes and improves the authorization for JAIBG.
In addition, the new law includes important linkages between juvenile justice and child welfare. There are three specific provisions included in the bill that connect the two systems much closer than they have been previously.
- The law requires that states, to the maximum extent possible, establish policies and systems to incorporate relevant child protective services records into juvenile justice records for purposes of establishing and implementing treatment plans for juvenile offenders.
- Under the law, states must provide assurances that juvenile offenders whose placement is funded using federal funds through Title IV-E Foster Care receive all the protections included in the foster care system, including a case plan and a case plan review.
- The law stipulates that within a year of enactment a study will be conducted of juveniles who were under the care or custody of the child welfare system or who are unable to return to their family after completing their disposition in the juvenile justice system. This study shall include an examination of the extent to which state juvenile justice systems and child welfare systems are coordinating services and treatment; the federal and local sources of funds used for placements and services; and the barriers faced by states in providing services to these juveniles.
Summary of Juvenile Justice Provisions in P.L. 107-273
Juvenile Justice and Delinquency Prevention Act of 2002
FEDERAL ACTIVITIES
- Reauthorizes the U.S. Department of Justice's Office of Juvenile Justice and Delinquency Prevention and designates an Administrator, nominated by the President and confirmed by the Senate, to head up this Office.
- Requires the Administrator to develop model mental health care standards for juveniles.
- Establishes programs for developing, testing, and demonstrating promising new initiatives and programs aimed at preventing and reducing juvenile delinquency.
- Establishes research and evaluation, statistical analyses, and information dissemination activities. Stipulates that within a year of enactment a study will be conducted of juveniles who were under the care or custody of the child welfare system or who are unable to return to their family after completing their disposition in the juvenile justice system.
CORE PROTECTIONS FOR JUVENILES
- Deinstitutionalization of Status Offenders (DSO). Retains current prohibition on detaining status offenders in secure facilities.
- Separation of Juveniles from Adults in Institutions (Sight and Sound). Revises mandate to reflect current regulations which disallow contact between juvenile offenders in a secure custody status and incarcerated adults.
- Removal of Juveniles from Jails and Adult Facilities. Provides additional flexibility for rural areas by extending the period of time from 24 to 48 hours for which juveniles can be held in a jail or adult facility. Rural jurisdictions are allowed to place juveniles in adult facilities for a longer period of time, however strict "sight and sound" separation continues to apply.
- The law does not include the "parental consent rural exception" provision that had been included in the House passed bill that allowed youths to be held in adult facilities for up to 20 days when the court, parents or legal guardian, in consultation with counsel, agreed.
- Disproportionate Minority Confinement (DMC). Requires states to address prevention efforts and systemic efforts to reduce the disproportionate representation of minorities that come into contact with the juvenile justice system.
COMPLIANCE WITH CORE REQUIREMENTS
Current law ties 100% of a state's formula grant to compliance with the four core requirements. If a state fails to comply with any requirement, the state forfeits 25% of the allocation and must use the remainder of funds to come back into compliance with the core requirement. In the new law, a state that fails to comply with a core requirement will be penalized by 20% and must use 50% of the remaining funds to come back into compliance.
FORMULA GRANT
Continues the Formula Grant to States with the following new requirements:
- Public child welfare records for a juvenile must be shared with the court.
- Juvenile offenders whose placements are funded through Foster Care must be afforded the same case management oversight as other wards of the Foster care system.
- Juveniles brought into the system for violation of valid court order must be interviewed and assessed by a public child serving agency within 48 hours of intake
The Formula Grant funds several new focus areas, including programs:
- to provide mental health services to juveniles
- to provide follow-up post placement services to juveniles
- to provide counseling, mentoring and training opportunities for juveniles
- to expand the use of probation officers to allow nonviolent offenders to remain in community
The Formula Grant maintains critical focus areas such as:
- Hate crime prevention programs
- Programs to provide competent counsel to juveniles
- Programs to provide services to girls in the juvenile justice system
- Programs to ensure family involvement and family strengthening
DELINQUENCY PREVENTION BLOCK GRANT
The law consolidates five program authorities to create a Delinquency Prevention Block Grant that funds activities designed to prevent and reduce juvenile crime in communities which have a comprehensive juvenile crime prevention plan, including projects that provide treatment to juvenile offenders and juveniles who are at risk of becoming juvenile offenders. Activities may include (partial list): mentoring; family strengthening programs; drug and alcohol abuse treatment programs; gang prevention programs; job training and employment recreation programs; youth development programs; and probation programs.
Eligible recipients include community-based organizations, law enforcement agencies, local education authorities, local governments, social service providers and other entities with a demonstrated history of involvement in juvenile delinquency prevention.
LOCAL DELINQUENCY PREVENTION GRANT PROGRAM
The law reauthorizes Title V, Incentive Grants for Local Delinquency Prevention Programs, of the Juvenile Justice and Delinquency Prevention Act. Title V provides states with matching funds for community based prevention programs. "Youth development programs" have been added to the list of allowable activities that may be funded.
FUNDING RESTRICTION
Residential programs receiving funds under the law must be licensed within the state they are located. Licensed providers must have standards of discipline citing abuse and neglect. If a program takes out-of-state juveniles, the program must meet licensing requirements from the sending state.
FUNDING AUTHORIZATION
The funding authorization is "such sums" for 2003-2007. Current funding for state formula grants, which is Part B in the new law, is $88.8 million. Current funding for Youth Gang Interventions, Special Emphasis Prevention and Treatment Programs, Juvenile Mentoring Program, and State Challenge grants, which are included in Part C in the new law (Delinquency Prevention Block Grant), is $96.5 million. Current funding for Title V is $94.3 million.
CONSEQUENCES FOR JUVENILE OFFENDERS ACT OF 2002
JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT (JAIBG)
The law authorizes the JAIBG program, created and funded in the FY 1998 to provide states and units of local government with funds to develop programs to promote greater accountability in the juvenile justice system. Funds have been used for many program purpose areas including:
- Building, expanding, renovating, or operating temporary or permanent juvenile correction or detention facilities
- Training of correctional personnel
- Developing and administering accountability-based sanctions for juvenile offenders.
Program purpose areas are expanded significantly to provide additional services and treatment for troubled youth, including:
- Implementing graduated sanctions programs that include counseling, restitution, community service, and supervised probation
- Establishing or expanding substance abuse programs
- Promoting mental health screening and treatment.
By supporting these additional purposes JAIBG could provide needed resources to proven strategies for rehabilitating adjudicated youth, as well as reducing juvenile recidivism rates.
FUNDING AUTHORIZATION
Funding is authorized at $350 million for each of fiscal years 2002 through 2005. Current funding for the JAIBG is $250 million.
For more information, contact Tim Briceland-Betts, CWLA Senior Government Affairs Associate, at 703/412-2407 or bricebet@cwla.org.
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