JJDPA

The Juvenile Justice and Delinquency Prevention Act (JJDPA) is the major federal legislation regarding juvenile justice. Initially enacted in 1974, and reauthorized most recently in 2002, the JJDPA is now being considered by Congress for another reauthorization.

The JJDPA offers protections for youth involved in the juvenile justice system and promotes a fair, effective system in order to uphold positive outcomes. The act provides support and funding to states for juvenile justice and prevention programming. It also establishes the Office of Juvenile Justice and Delinquency Prevention (OJJDP), a federal agency under the Department of Justice that supports juvenile justice work nationwide.

In its current iteration, the act has four core requirements that states must adhere to in order to receive federal grants:

*Deinstitutionalization of Status Offenders. A status offense is an offense that is only considered an offense because it was committed by a minor, such as truancy or running away. This provision of the JJDPA states that status offenders cannot be securely detained, although there are a few exceptions. Deinstitutionalizing status offenders keeps them from many of the damaging effects of detepromotes the use of community alternatives to address their behavior.

• Adult Jail and Lock-Up Removal. Juveniles cannot be securely detained in an adult jail or lock-up for more than 6 hours, with a few exceptions. Research shows that juveniles who are held with adults are more likely to be victims of physical and sexual abuse and to suffer greater emotional and mental health trauma than their counterparts who are detained only with juveniles.

• Sight and Sound Separation. In the event that a juvenile is held in the same facility as adults, they must be separated by sight and sound from adults in order to prevent abuse, threats, and psychological damage. Adults and jushare common areas or be housed in proximity to each other.

• Disproportionate Minority Contact (DMC). Throughout the juvenile justice system, youth of color are represented at a rate that is disproportionate to their presence in the general youth population. The JJDPA mandates that states assess DMC and work to address its causes to ensure a fair system for all youth and reduce cycles of crime among minority populations. Learn more about DMC.

CfJJ has signed on to letters supporting reauthorization of JJDPA and worked with our Senators and Representatives to stress the importance of this legislation in protecting juveniles in the United States.

CfJJ Legislative Alert: JJDPA Reauthorization (November, 2007)