Addressing Secure Detention and Juvenile Justice: ICJ Rules and OJJDP Exclusion

Slide Note

This training session focuses on how the ICJ Rules address secure detention for juveniles and the enforcement of the OJJDP exclusion within state judiciary. Explore topics such as serving juveniles while protecting communities, the JJDPA, deinstitutionalization of status offenders, and voluntary/non-voluntary returns under the ICJ Rules. The session also covers the release of runaways, the OJJDP exclusion policy, and survey results regarding resistance faced by state Compact Offices in applying the OJJDP exclusion in ICJ cases.

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Presentation Transcript

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. 2 Serving Juveniles While Protecting Communities

Juvenile Justice and Delinquency Prevention Act (JJDPA) and the Deinstitutionalization of Status Offenders (DSO) Serving Juveniles While Protecting Communities 3

ICJ Rules Serving Juveniles While Protecting Communities 4

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. Serving Juveniles While Protecting Communities 5

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 Serving Juveniles While Protecting Communities 6

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

Survey Results Does your state Compact Office face resistance from courts for applying the OJJDP Exclusion in ICJ Cases? NO 49.02% 50.98% YES Serving Juveniles While Protecting Communities 8

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

Survey Results Does your state have statues/regulations etc. prohibiting detention of runaways? Does your state have statutes/regulations etc. in place prohibiting detention of status offenders? NO 43.14% NO 31.37% 56.86% YES 68.63% YES Serving Juveniles While Protecting Communities 10

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

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

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

Accused and Adjudicated Delinquent Juveniles Serving Juveniles While Protecting Communities 14

Survey Results Does your state permit juveniles who are adjudicated delinquents to be detained for all or part of the sentence or disposition? NO 9.8% 90.2% YES Serving Juveniles While Protecting Communities 15

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

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

Scenarios Serving Juveniles While Protecting Communities 18

Scenario 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? Serving Juveniles While Protecting Communities 19

Scenario 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? Serving Juveniles While Protecting Communities 20

Scenario 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? Serving Juveniles While Protecting Communities 21

Scenario 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? Serving Juveniles While Protecting Communities 22

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

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