juvenile justice training institute for state jj specialists (300 slides)

Juvenile Justice Juvenile Justice Training Training

Institute for Institute for State JJ SpecialistsState JJ Specialists

(300 Slides)(300 Slides)

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JJDP ActJJDP Act

When was it passed? Why was it passed? What does it say? What does it say about Compliance Monitoring? What are the Core Requirements? What do States receive when in compliance with

the Core Requirements?

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Formula Grants Award

Access to your full Formula Grants allocation is contingent on meeting all four Core Requirements and maintaining an adequate system for Compliance Monitoring.

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JJDP Act Core JJDP Act Core RequirementsRequirements

Deinstitutionalization of Status Offenders—1974 Separation—1974 Jail Removal—1980 Disproportionate Minority Confinement—1988

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Deinstitutionalization of Deinstitutionalization of Status Offenders (DSO)Status Offenders (DSO)Section 223(a)(11)Section 223(a)(11)

Juveniles who are charged with or who have committed offenses that would not be criminal if committed by an adult… or such non-offenders as dependent or neglected children shall not be placed in secure detention or correctional facilities.

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Separation Separation Section 223(a)(12)Section 223(a)(12)

Juveniles alleged to be or found to be delinquent [and status offenders and non-offenders] will not be detained or confined in any institution in which they have contact with adult inmates.

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Jail RemovalJail RemovalSection 223(a)(13)Section 223(a)(13)

No juvenile shall be detained or confined in any jail or lockup for adults.

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Disproportionate Minority Disproportionate Minority Contact (DMC)Contact (DMC)Section 223(a)(22)Section 223(a)(22)

States are to “address juvenile delinquency prevention efforts and system improvement efforts designed to reduce, without establishing or requiring numerical standards or quotas, the disproportionate number of juvenile members of minority groups, who come into contact with the juvenile justice system.”

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Deinstitutionalization of Status Offenders

Sight and Sound Separation

Jail Removal

Disproportionate Minority Contact

Core RequirementsCore Requirements of the JJDP Act of the JJDP Act

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DSODSOSec. 223 (a)(11)Sec. 223 (a)(11)

A status offender is a juvenile offender who has been charged with or adjudicated for conduct that would not be a crime if committed by an adult.

A non-offender is a juvenile who is subject to the jurisdiction of the juvenile court, usually under abuse, dependency, or neglect statutes, for reasons other than legally prohibited conduct of the juvenile.

Status Offenders and non-offenders cannot be placed in secure detention or correctional facilities.

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DSO—DSO—Sec. 223 (a)(11)Sec. 223 (a)(11)Status Offenses/ExamplesStatus Offenses/Examples

Runaway Ungovernable/incorrigible Curfew violation Truancy Possession of alcohol as a minor Possession of tobacco as a minor Traffic violations civil in nature

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DSO—DSO—Section 223(a)(11)Section 223(a)(11)Non-Offenses/ExamplesNon-Offenses/Examples

Child abuse and neglect Immigration violations (aliens) Danger to self or others (mental health) Abandonment

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DSO—Sec. 223 (a) (11)DSO—Sec. 223 (a) (11)

Four exceptions for the placement of status offenders in secure juvenile facilities:

I. 24 hours prior to and after initial court appearance (exclusive of weekends and holidays).

II. Youth found to have violated a Valid Court Order (VCO).

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DSO—Sec. 223 (a) (11)DSO—Sec. 223 (a) (11)

Four exceptions for the placement of status offenders in secure juvenile facilities (cont’d):

III. Out-of-State runaways (when Interstate Compact is used).

IV. Handgun exception.

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DSODSO——Sec. 223 (a)(11)Sec. 223 (a)(11)

I. The 24-hour exception may be used for limited purposes: For the purposes of identification,

investigation, release to parents, or transfer to a nonsecure program.

Applies only to accused status offenders, not adjudicated status offenders and not non-offenders.

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DSO— 223(a)(11)DSO— 223(a)(11)II. VCO ExceptionII. VCO ExceptionWhat States Must Do to Use the VCO What States Must Do to Use the VCO Exception:Exception:

State must have State Law allowing secure detention of kids who violate VCOs.

The State must train court and facility staff to ensure that all VCO standards are met (i.e. due process is afforded, interviews occur within 24 hours, hearing within 48 hours).

State must annually review a minimum of 10 percent of all VCO cases to ensure they meet VCO standards.

State must project and report as DSO violations those cases that do not meet VCO standards.

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DSO—223(a)(11)DSO—223(a)(11)III. Out-of-State RunawaysIII. Out-of-State Runaways

Interstate Compact—State must be a member. Out-of-State runaway may be securely detained in a juvenile

facility indefinitely.

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DSO—223(a)(11)DSO—223(a)(11)IV. Youth Handgun Safety ActIV. Youth Handgun Safety Act

Prohibits possession of a handgun by a minor under age18. Youth who violate the Youth Handgun Safety Act or a similar law

are considered delinquent offenders. Such youth can be placed in secure detention or correctional

facilities.

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De MinimisDe Minimis Standards Standards

How many violations can a State have and still remain compliant with DSO?

Please see 1981 Federal Register for further details.

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De MinimisDe Minimis Standards—DSO Standards—DSO

0 Violations/100,000 juveniles—the State has demonstrated full compliance,

0.1 to 5.7 Violations/100,000 juveniles—the State has demonstrated full compliance with de minimis exceptions.

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De MinimisDe Minimis Standards—DSO (cont’d) Standards—DSO (cont’d)

5.8–17.6 Violations/100,000 juveniles—the State is eligible for a finding of compliance with de minimis exceptions if it adequately meets the following criteria:

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De Minimis StandardsCriteria—DSO

Criterion B—instances of noncompliance were in apparent violation of State law or established executive or judicial policy.

Criterion C—an acceptable plan has been developed to eliminate the noncompliant incidents.

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17.7 to 29.4 violations/100,000 juveniles—the State is eligible for a finding of compliance with de minimis exceptions if it fully satisfies the following criteria:

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De Minimis StandardsCriteria—DSO (cont’d)

Criterion B—instances of noncompliance were in apparent violation of State law or established executive or judicial policy.

Criterion C—an acceptable plan has been developed to eliminate the noncompliant incidents.

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29.5 Violations and Above/100,000 juveniles—the State is presumptively ineligible for a finding of full compliance with de minimis exceptions unless…

Out-of-State runaways Federal wards New State law

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De Minimis Standards—DSO (cont’d)

Any rate above 29.4 violations is considered to be an excessive and significant level of status offenders and non-offenders held in juvenile detention or correctional facilities.

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Note!

States found out of compliance with the DSO Core Requirement lose 20 percent of their Formula Grants allocation.

The remaining 50 percent of the Formula Grants allocation must be spent to bring the State back into compliance with DSO.

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How many DSO violations is California allowed?

Juvenile Population in 2005 = 9,452,391 94.5 X 5.7 = up to 539 DSO violations 94.5 X 17.6 = up to 1,663 DSO violations 94.5 X 29.4 = up to 2,778 DSO violations

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Jail Removal


Core RequirementsCore Requirements of the JJDP Act of the JJDP Act

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SEPARATIONSEPARATION Section 223(a)(12)Section 223(a)(12)

Juveniles alleged to be or found to be delinquent [and status offenders and non-offenders] will not be detained or confined in any institution in which they have contact with adult inmates.

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SEPARATION SEPARATION Sec. 223 (a)(12) [cont’d]Sec. 223 (a)(12) [cont’d]

Contact is defined to include any physical or sustained sight and/or sound contact between juvenile offenders in secure custody status and incarcerated adults, including inmate trustees.

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SEPARATION SEPARATION Sec. 223 (a)(12) [cont’d]Sec. 223 (a)(12) [cont’d]

Inadvertent or Accidental Contact:

Instances need not be reported if they occur in secure areas of a facility that are not dedicated to use by juvenile offenders and which are nonresidential.

Any contact in a dedicated juvenile area, including residential area of a secure facility, would be a violation.

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Transferred, Certified, Waived, Transferred, Certified, Waived, and Direct File Youthand Direct File Youth

A juvenile who has been transferred to the jurisdiction of a criminal court, may be detained or confined in a juvenile facility with other juveniles who are under the jurisdiction of the juvenile court. This is not a violation of separation since the youth is not a juvenile “alleged to be or found to be delinquent” and the youth is not an “adult inmate.” Once the youth reaches the State’s age of majority, he/she must be separated from the juvenile population within six months.

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Scared Straight, Shock Scared Straight, Shock Incarceration, Jail Tours…Incarceration, Jail Tours…

No juvenile shall enter under public authority, for any amount of time, into a secure setting or section of an adult jail, lockup, or correctional facility as a disposition of an offense or as a means of modifying his or her behavior.

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De MinimisDe Minimis Standards—Separation Standards—Separation

0 Violations/100,000 Juveniles—the State has demonstrated full compliance.

1 and Greater Violations/100,000 Juveniles—the State is eligible for a finding of compliance if the instances of noncompliance do not indicate a pattern or practice but rather constitute isolated incidences and one of the following criteria is satisfied:

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De MinimisDe Minimis Standards StandardsCriteria—SeparationCriteria—Separation

Violation of State law. Did incidents of noncompliance indicate a pattern

or practice? Are there existing mechanisms for enforcement? Describe the State’s plan to eliminate the

noncompliant incidents.

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De MinimisDe Minimis Standards— Standards—

Separation (cont’d)Separation (cont’d)

How many Separation Violations is California allowed?

0

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Jail Removal


CORE REQUIREMENTS OF THE JJDP ACTCORE REQUIREMENTS OF THE JJDP ACT

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Jail RemovalJail RemovalSection 223(a)(13)Section 223(a)(13)

No juvenile shall be detained or confined in any jail or lockup for adults.

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JAIL REMOVALJAIL REMOVALSection 223(a)(13)Section 223(a)(13)

Does not apply to juvenile facilities or adult prisons.

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Adult Jail:

A locked facility, the purpose of which is to detain adults charged with violating criminal law, pending trial.

Also those facilities used to hold convicted adult criminal offenders sentenced for less than one year.

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Adult Lockup:Similar to an adult jail, except that an adult lockup is generally a municipal or police facility of a temporary nature which does not hold persons after they have been formally charged.

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Jail Removal Exceptions:

I. Six-Hour Rule

II. Court Appearance Hold

III. Rural Exception

IV. Transferred, Certified, Waived, or Direct File Youth

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An alleged delinquent may be detained for up to six hours, while separate from adults, for the purposes of identification, processing, and arranging for release to parents or transfer to juvenile court officials or juvenile shelter or detention facilities.


I. Six-Hour Rule of Reason

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An alleged or adjudicated delinquent may be detained, while separate from adults, for up to six hours before and after a court appearance.

This hold must be related to a court appearance.


II. Six-Hour Court Appearance Hold

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III. Rural Exception

An accused juvenile criminal-type offender may be detained up to 48 hours (excluding weekends and holidays) in an adult jail or lockup, if certain conditions are met.

This hold must be related to a court appearance.

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JAIL REMOVAL JAIL REMOVAL Section 223(a)Section 223(a)(13)(13) IV. Transferred, Waived, IV. Transferred, Waived, Certified and Direct File YouthCertified and Direct File Youth Juveniles who have been transferred to adult

court and against whom criminal felony charges have been filed do not fall under the auspices of the JJDP Act for jail removal and separation requirements within jails and lockups.

These juveniles are subject to State law.

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De MinimisDe Minimis Standards— Standards— Jail RemovalJail Removal

0 Violations/100,000 juveniles—the State has demonstrated full compliance.

0.1 to 9.0 Violations/100,000 juveniles—the State is eligible for the numerical de minimis exception if it has developed an acceptable plan to eliminate the noncompliant incidents through the enactment or enforcement of State law, rule or statewide executive or judicial policy, education, the provision of alternatives or other effective means.

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De MinimisDe Minimis Standards— Standards— Jail Removal (cont’d)Jail Removal (cont’d) 9.1 and greater Violations/100,000 juveniles—the State is

eligible for the substantive de minimis exception if it meets five criteria:

– Recently enacted changes in State law that are expected to have significant impact on the State’s achieving full compliance

– All instances of noncompliance were in violation of State law

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De MinimisDe Minimis Standards— Standards— Jail Removal (cont’d)Jail Removal (cont’d) 9.1 and greater Violations/100,000 juveniles—the State is

eligible for the substantive de minimis exception if it meets five criteria:

– Instances of noncompliance do not indicate pattern or practice but rather constitute isolated instances.

– Existing mechanisms to enforce State law.– Acceptable plan has been developed to eliminate

noncompliant incidents.

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De MinimisDe Minimis Standards— Standards— Jail Removal (cont’d)Jail Removal (cont’d)

How Many Jail Removal Violations Is California Allowed?

Up to 9 = 850 Jail Removal Violations(94.5 x 9 = 850)

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Adequate System of Adequate System of Compliance MonitoringCompliance Monitoring

Presented byPresented by

Elissa Rumsey, Elissa Rumsey, Compliance Monitoring Coordinator, OJJDP Compliance Monitoring Coordinator, OJJDP

Susan Davis, Susan Davis, Compliance Monitor, ColoradoCompliance Monitor, Colorado

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Adequate System Adequate System of Compliance Monitoring of Compliance Monitoring (cont’d)(cont’d)

Section 223(a)(14) of the JJDP Act:Section 223(a)(14) of the JJDP Act:

““Participating States must provide for an adequate Participating States must provide for an adequate system of monitoring jails, detention facilities, correctional system of monitoring jails, detention facilities, correctional facilities, and nonsecure facilities to ensure that the facilities, and nonsecure facilities to ensure that the requirements of paragraph (11), paragraph (12), and requirements of paragraph (11), paragraph (12), and paragraph (13) are met, and for the annual reporting of the paragraph (13) are met, and for the annual reporting of the results of such monitoring to the [OJJDP] Administrator.”results of such monitoring to the [OJJDP] Administrator.”

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The 10 ComplianceThe 10 ComplianceMonitoring ElementsMonitoring Elements

1. Policies and Procedures2. Monitoring Authority

3. Monitoring Timetable

4. Violation Procedures 5. Barriers and Strategies

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The 10 Compliance The 10 Compliance Monitoring Elements Monitoring Elements

(cont’d)(cont’d)6. Definitions7. Identification of the Universe8. Classification of the Universe9. Inspection of Facilities10. Data Collection and Data Verification

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The ElementsThe Elements

In the OJJDP Guidance Manual, Audit Guideline Manual, and Formula Grants Regulations.

On the OJJDP Web site under Compliance Monitoring.

Disc provided contains all documents.

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Policies and Policies and ProceduresProcedures Critical! Policies and procedures serve multiple purposes:

Desk manual. Document your Compliance Monitoring system in

detail. Basis for your OJJDP audit.

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Monitoring AuthorityMonitoring Authority

Each State should have authority to inspect facilities and collect data.

Your authority should be documented in your training materials and available to facilities.

Optimal authority is legislation. Minimum authority is an Executive Order.

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Monitoring TimetableMonitoring Timetable

Each State should Have a written timetable detailing how you will

accomplish the Four Compliance Monitoring Tasks. This Monitoring Timetable should

Detail who will do what, when, for what period of time, what the product will be.

Can be in chart or written format.

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Violation ProceduresViolation Procedures

Each State must have a procedure to handle violations. Authority to deal with violations is essential. Written policies should be available to all concerned

parties. At a minimum, States should be able to cite a facility and

request that the facility correct the noncompliant situation.

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Barriers and StrategiesBarriers and Strategies

Barriers = obstacles to either your monitoring efforts or compliance with the Core Requirements.

All States have barriers. Strategies = what the Designated State Agency

(DSA) and the State Advisory Group (SAG) are doing to overcome the barriers.

Examples.

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Definitions of TermsDefinitions of Terms

States MUST use OJJDP definitions when monitoring.

These definitions should be in all your materials: policies, manuals, training materials.

Preferably, the OJJDP definitions should be in State statutes; if not, make sure all facilities know what the federal definitions are.

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Important Definitions:Important Definitions:

Secure Lockup Status Offender/MIP Separation

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The Four Compliance The Four Compliance Monitoring TasksMonitoring Tasks These tasks are annual. The annual completion of these tasks should be

in your timetable. The tasks are

Identification of the Universe. Classification of the Universe. Inspection of Facilities. Data Collection and Data Verification.

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Identification of the Identification of the Monitoring UniverseMonitoring Universe

The State must identify all facilities which might hold juveniles pursuant to public authority.

Facilities must be classified to determine if each should be included in the monitoring effort.

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Identification (cont’d)Identification (cont’d)

The list should include all jails, lockups, detention centers, juvenile correctional facilities, halfway houses, group homes, prisons and any other secure or nonsecure public or private facilities in which juvenile might be detained or placed.

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Key phrases: “might hold,” “public authority,” “public and private,” “full list.”

Necessary first step. Every facility that has the “potential” to house juveniles,

regardless of the purpose, comes under the purview of the monitoring requirements and must therefore be included in identification.

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Statutes which prohibit placement of juveniles in specific facilities do not exempt them from the universe.

Not all facilities that are identified in this step will be transferred to the inspection list! Do not get overwhelmed!

All of the facilities identified must also be classified. However, not all will need an inspection or be subject to

data collection/verification.

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Sources for identifying your universe include State oversight/regulatory agencies

Social Services Mental Health Public Health Associations Department of Corrections Others?

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Classification of the Classification of the Monitoring UniverseMonitoring Universe Each facility identified needs to also be classified. Classification will assist you in determining which facilities

will need to be inspected. Classification has four elements:

Secure or nonsecure Public or private Residential or nonresidential For juveniles only, for adults only, or for both juveniles and

adults

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Classification (cont’d)Classification (cont’d) Classification may be completed in conjunction with

identification. States must confirm initial classification while onsite. Remember to use federal definitions. Query the State Oversight and/or Regulatory Agencies

on statutes, regulations, standards, policies, violation procedures.

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Organizing Your Organizing Your Monitoring Universe Monitoring Universe InformationInformation Organize once, update annually. Organize as it makes sense to you. One example:

By facility type (jails) ID and Classification List which shows the jails in State by address,

contact name, phone, classification, and date of last inspection Rules, statutes, regulations as they pertain to this type of facility Violation procedures for this type of facility Very helpful during OJJDP audits

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Inspection of FacilitiesInspection of Facilities

Three reasons to inspect facilities: To confirm your classification (secure or nonsecure and who is

being held there) To assess the separation levels at all points in the facility To determine if their record keeping system is adequate for you

to collect the necessary data to determine compliance with the Core Requirements

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Inspection of Facilities Inspection of Facilities (cont’d)(cont’d)

Confirm your classification: Is this facility secure or nonsecure? Is it for juveniles

only, adults only, or juveniles and adults? Is it residential or nonresidential? Public or private?

Once you answer these, and perhaps more, questions you will know how to classify it pursuant to federal definitions of terms.

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Inspection of FacilitiesInspection of Facilities(cont’d)(cont’d) Assess separation levels.

Walk through the facility as if you were a juvenile. Ask lots of questions:

When are adults in this area? When are trustees used? May I have a copy of your policies on separation? Enter a cell and ask the Deputy to walk into an adjoining cell to test sound

separation (where juveniles are held securely in the vicinity of adults).

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Inspection of FacilitiesInspection of Facilities(cont’d)(cont’d) More questions:

How are juveniles processed? Where do they enter facility? Who escorts them? Is time-phasing used? Where are nonsecure areas? Is there a nonsecure booking area?

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Inspection of FacilitiesInspection of Facilities(cont’d)(cont’d) Record keeping system required to collect the following information on all

juveniles held securely Name or ID Date of birth Race, sex, ethnicity Offense (most serious) Date and time IN secure setting Date and time OUT of secure setting Time out for court appearance (if applicable) Time back in for court appearance (if applicable) Person released

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Organizing Facility Organizing Facility InformationInformation

Create “Facility Files” All information on this facility is contained in one

file Taken onsite and updated. Example.

Very helpful to the next person who takes your job!

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Inspection of FacilitiesInspection of Facilities(cont’d)(cont’d)

Many other reasons to inspect! Building relationships with your contact people. Sharing information about your agency. Problem solving solutions to juvenile justice issues. Serving as the eyes and ears for your SAG. Others?

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Inspection of Facilities:Inspection of Facilities:Pre-Visit ActivitiesPre-Visit Activities

Schedule an appointment with Administrator so there is buy-in.

Explain what you will be doing there and how long it will take Sight and sound. Classification. Record keeping.

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Inspection of Facilities:Onsite

Walk through the facility as if you were a juvenile. Review sight and sound separation, records, security

levels. Obtain a layout and sample of log. Obtain copies of any policies.

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Inspection of Facilities:Inspection of Facilities:Exit InterviewExit Interview

Provide training materials. Explain how you have classified them and their separation

levels. Fully explain the Core Requirements as they relate to their

facility. Recommend changes if needed. Explain your violation policy. Ask what their needs are. Make sure you have all the information you need for your facility

file.

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Inspection of Facilities:Inspection of Facilities:Exit Interview (cont’d)Exit Interview (cont’d)

If you don’t know the answer, research it and get back. Provide information on programs that might be relevant

—you may be the only eyes and ears for your agency. Always thank people for their time and efforts.

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Data Collection and Data Collection and Data VerificationData Verification Two parts: collect and verify. Collect data on all juveniles held securely in the State for

the year. Must use OJJDP definitions of terms not only for offenses

but for facilities: Jail, lockup, court holding, JDC, JCF, collocated. For example, if a facility isn’t “behaving” like a court holding

facility then it is a lockup.

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Data Collection and Data Data Collection and Data Verification (cont’d)Verification (cont’d)

Twelve months of data is necessary. All facilities that hold juveniles securely must report. If data isn’t complete, the OJJDP/Excel Spreadsheet will

project it for you. Please include a chart or table showing the facilities that

held and the number of violations for each facility.

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Data Data Collection/Verification Collection/Verification (cont’d)(cont’d) Facilities Self-Report Admissions Data. Data collected by an agency other than the DSA needs to

be verified onsite by the DSA. Verification process should be in your policies and

procedures. Verification is an annual process at all facilities that hold

juveniles securely.

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Data Data Collection/Verification Collection/Verification (cont’d)(cont’d)

At minimum, 10 percent of all VCOs must be verified; however, if you find violations in that 10 percent sample you must project those numbers for the remaining 90 percent.

Please verify 100 percent of VCO cases if the number is under 50 per facility.

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Data Data Collection/Verification Collection/Verification (cont’d)(cont’d)

Look over the OJJDP Excel Spreadsheet to see what data you will need at the end of the year so you are collecting them all year.

Youth in possession of a handgun is not a violation of DSO.

Title V funds linked to compliance.

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Data Data Collection/Verification:Collection/Verification:Title VTitle V

Title V is the Community Prevention Grant Program. Title V money must be passed through to units of

local governments. Compliance Monitors must demonstrate and SAGs

must certify that units of local government are in compliance with the Core Requirements to receive Title V funding.

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Data Data Collection/Verification Collection/Verification (cont’d)(cont’d) Once data are collected and verified, summarize

for the OJJDP Compliance Monitoring Report. Data will need to be described in the narrative

section of this report. The OJJDP Compliance Monitoring Report will be

covered in more detail at a later time during this training.

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Adequate System of Adequate System of Compliance MonitoringCompliance Monitoring

QUESTIONS?QUESTIONS?

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Adequate System of Adequate System of Compliance Compliance Monitoring: Part 2Monitoring: Part 2

Compliance Monitoring Written Compliance Monitoring Written Products/Reporting ResponsibilitiesProducts/Reporting Responsibilities

——Mark Ferrante, Juvenile Justice Specialist, New JerseyMark Ferrante, Juvenile Justice Specialist, New Jersey

——Wandra Simmons, TCAP Coordinator, OJJDPWandra Simmons, TCAP Coordinator, OJJDP

——Susan Davis, Compliance Monitor, ColoradoSusan Davis, Compliance Monitor, Colorado

——Julie Herr, State Representative, OJJDPJulie Herr, State Representative, OJJDP

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Formula Grants Formula Grants Plan/Performance Plan/Performance MeasuresMeasures Presented byPresented by

Mark Ferrante, Mark Ferrante, Juvenile Justice Specialist, New JerseyJuvenile Justice Specialist, New Jersey

Wandra Simmons, Wandra Simmons, TCAP Coordinator, OJJDP TCAP Coordinator, OJJDP

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Formula Grants (FG):Three-Year Plan and Application FG Application must include plan for

Compliance With the First Three Core Requirements of the JJDP Act and the State’s Plan for Compliance Monitoring.

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FG Three-Year Plan

The plan must be data-based and program specific, including the necessary “who, what, where, how, and when” to provide clear plan of action.

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FG Three-Year Plan (cont’d)

The Compliance Monitoring plan should include a detailed description of monitoring tasks and identify the specific agency or agencies responsible for each task.

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FG Three-Year Plan (cont’d) This section should describe the legislative and

administrative procedures and sanctions that the State has established to receive, investigate, and report compliance violations. If an agency other than the designated State agency is responsible for monitoring, describe how that agency maintains accountability for compliance with this requirement.

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For each of the requirements, the State should describe:

a. Strategy, specific activities, timetable covering the three-year planning cycle, and resources to support the implementation of the plans.

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b. Barriers the State faces in achieving full compliance, and how it will overcome them.

c. Role of the SAG in monitoring for compliance with the DSO, separation, and removal requirements.

d. If the State has been found to be in full compliance with these requirements, provide an assurance that indicates:

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FG Three-Year Plan (cont’d)(1) Adequate plans are on file and available for

review.(2) Resources to maintain compliance are identified,

on file, and available to review. (3) The State will notify OJJDP if circumstances

arise or if resources are lost that would jeopardize the State’s capability of maintaining compliance with the requirements.

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FG Three-Year Plan: Performance Measures

What are performance measures? Why do we need them? How do we implement them? How do we report on them?

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FG Three-Year Plan: Performance Measures (cont’d) Three-Year Plan must include performance

measures. Compliance monitoring program areas include

– Compliance monitoring (Program Area 6 ).– DSO (Program Area 8).– Jail removal (Program Area 17). – Separation (Program Area 28 ).

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FG Three-Year Plan: Performance Measures (cont’d) Compliance Monitoring (Program Area 6)

performance measures include: — Funds allocated (output).

— Submission of annual CM Report (outcome).

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(cont’d) DSO (Program Area 8) performance measures

include: — Funds awarded for DSO (output).

— # Site visits Conducted (output).

— # of programs implemented (output).

— # program youth served (output).

— Changes in the # of violations of DSO requirement (outcome).

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(cont’d) Jail Removal (Program Area 17) performance

measures include: — Funds Awarded for Jail Removal (output).

— # of programs implemented.

— # program youth served.

— Changes in the # of violations per Jail Removal Core Requirement (outcome).

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(cont’d) Separation (Program Area 28) performance

measures include: — Funds for Separation (output).

— # of programs implemented (output).

— Changes in the # of violations per Separation Core Requirements (outcome).

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FG Three-Year Plan

Questions? Thank you!

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Policies and ProceduresPolicies and Procedures Presented byPresented by


Julie Herr, Julie Herr, State Representative, OJJDP State Representative, OJJDP

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Why a Policies and Procedures Manual?

Required element of “Adequate” Compliance Monitoring System

OJJDP audits Desk manual for your position

When you get promoted, provides guidance to your replacement.

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ContentContent

Compliance Monitoring Plan/Policies and Procedures Monitoring authority Monitoring timetable Violation procedures Barriers/strategies Definition of terms

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Content (cont’d)Content (cont’d)

The Four Monitoring Tasks

Identification of the monitoring universe Classification of the monitoring universe Inspection of facilities Data collection/data verification

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Content (cont’d)Content (cont’d) Should Also Include

Core Requirements by facility type with a discussion/comparison of your State law

Secure and nonsecure custody Policies on collocated facilities Exceptions that your State uses Title V certification Process for facilities to request an OJJDP opinion Frequently asked questions

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Content (cont’d)Content (cont’d)

You want your policies to contain information on Who, what, where, when, why.

If someone were to pick up and read your policies, they would understand your job.

The more information you have, the fewer questions auditors will have.

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RecommendationsRecommendations Set aside a good amount of undistracted time to write

your policies. Before you start writing, really think about

How you do your job. What steps you take. How you document your work.

Surround yourself with all the OJJDP materials and regulations you have and read them before you start, so you understand their intent.

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OJJDP MaterialsOJJDP Materials

OJJDP Guidance Manual. OJJDP Audit Guideline Manual. Federal Regulations Formula Grants Manual, Volume 1.

Provides a great deal of background information on why we do what we do.

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State MaterialsState Materials Your State’s children’s code and penal code Web sites and relevant information for Department of

Health and Human Services, Department of Corrections, PH, Mental Health, and other State agencies

Your agency’s policies Forms you use in monitoring Agreements you have with other agencies for monitoring Monitoring authority documents (your Juvenile Justice

Specialist should have these)

118

After It Is Written After It Is Written

Have your Juvenile Justice Specialist look over the first draft.

Once it is finalized, provide copies to all persons involved in monitoring.

Update it once a year.

119

DiscussionDiscussion

Questions? Comments? Experiences?

Barriers Strategies

120

Monitoring for the Core Monitoring for the Core Requirements of the JJDP Requirements of the JJDP

Act by Facility TypeAct by Facility Type

Sharon Harrigfeld, Sharon Harrigfeld, Juvenile Justice Specialist, Juvenile Justice Specialist, IdahoIdaho

Rich Case, Rich Case, Compliance Monitor, New Compliance Monitor, New JerseyJersey

Elissa Rumsey, Elissa Rumsey, Compliance Monitoring Compliance Monitoring Coordinator, OJJDPCoordinator, OJJDP

121

Why Monitor Facilities?Why Monitor Facilities?

Section 223(a)(14) of the JJDP Act:Participating States must provide for an adequate system of monitoring jails, detention facilities, correctional facilities, and nonsecure facilities to insure that the requirements of paragraph (11), paragraph (12), and paragraph (13) are met, and for the annual reporting of the results of such monitoring to the [OJJDP] Administrator…

122

Note!Note!

Section 223(a)(14) requires that States monitor NONSECURE facilities.

123

How Is Adequate Defined?How Is Adequate Defined?

1. See OJJDP’s Newly Revised Compliance Monitoring Guidance Manual.

2. Refer back to slides from earlier today.

124

How Frequently Must How Frequently Must Facilities Be Monitored Facilities Be Monitored

Onsite?Onsite?

1. 100 percent of secure facilities in your universe must be inspected onsite at least one time every three years. A minimum of 10 percent per year must be inspected.

Exception: Lockups (even those believed to be nonsecure) must be subject to inspection one time every three years.

2. This is a minimum standard. 3. Best practice dictates that States monitor 100 percent

of secure facilities annually.

125

Why Is 100 Percent a Best Why Is 100 Percent a Best Practice?Practice?

1. A State is 100 percent certain of its compliance data.

2. Ability to train new facility staff in a timely fashion.

3. Facilities enjoy the benefit of the State presence.

4. You are it.

126

Monitoring Juvenile Monitoring Juvenile FacilitiesFacilities

Sharon Harrigfeld, Sharon Harrigfeld, Juvenile Justice Specialist, IdahoJuvenile Justice Specialist, Idaho

127

What Juvenile FacilitiesWhat Juvenile FacilitiesNeed Monitoring?Need Monitoring?

1. Juvenile Detention Center2. Juvenile Training School3. Group Home4. Youth Mental Health Facilities

128

Note!Note!

1. Juvenile Detention Centers and Juvenile Training Schools are the primary youth facilities needing monitoring.

2. This is where the majority of juveniles are detained and thus where the majority of the data will be.

129

Federal Definition of Juvenile Detention Center/Juvenile

Training School

A secure juvenile detention or correctional facility is any secure public

or private facility used for the lawful custody of accused or adjudicated

juvenile offenders.

130

Note!Note!

1. Know federal de minimis allowances in advance.

2. Know approximately how many Deinstitutionalization of Status Offenders (DSO) violations are allowed in your State.

131


Jail Removal

Sight & Sound Separation


Which Core Requirements Apply to Which Core Requirements Apply to Juvenile Detention Centers/Training Juvenile Detention Centers/Training

Schools?Schools?

132

DSO RefresherDSO RefresherSec. 223 (a)(11)Sec. 223 (a)(11)

24 hours prior to and after initial court appearance (exclusive of weekends and holidays)

If youth is found in contempt of a valid court order (where State law allows)

Status offenders and non-Status offenders and non-offenders cannot be offenders cannot be placed in secure placed in secure detention or correctional detention or correctional facilities.facilities.

Exceptions for Juvenile Detention Centers/Training Schools only:

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How to Monitor for DSO in Juvenile How to Monitor for DSO in Juvenile Detention Centers/Training Detention Centers/Training

SchoolsSchools

1. Facilities self-report Admissions Logs.

2. Compliance monitor verifies potential violations over the phone.

3. Compliance monitor conducts onsite inspection to verify violations and visually confirm sight and sound separation.

4. Violations are factored into the annual Compliance Monitoring Report to OJJDP.

134

Sight and SoundSight and SoundSeparation RefresherSeparation Refresher

Juveniles shall not have sight and/or sound contact with adult inmates while in a secure custody setting.

135

How to Monitor for Separation in How to Monitor for Separation in Juvenile Detention Centers/Juvenile Detention Centers/

Training SchoolsTraining Schools

1. Determine whether adult inmates (including adult inmate trustees) are on site.

2. If adult inmate trustees are on the premises, they must be sight and sound separated from juveniles at all times.

3. Best practice dictates that adult inmates not be present at juvenile facilities, period.

136

How to Monitor for Separation in How to Monitor for Separation in Juvenile Detention Centers/Juvenile Detention Centers/Training Schools (cont’d)Training Schools (cont’d)

4. Where Transferred, Certified, Waived or Direct-File youth are present, they also must be sight and sound separated from juvenile delinquents six months after reaching the State’s age of majority.

5. Violations must be factored into the annual Compliance Monitoring Report to OJJDP.

137

How Frequently Must How Frequently Must Juvenile Detention and Juvenile Detention and

Correctional Facilities be Correctional Facilities be Monitored?Monitored?

100 % of secure facilities must be inspected every three years.

A minimum of 10% of secure facilities must be visited per year.

138

Monitoring Adult Monitoring Adult FacilitiesFacilities

Rich Case, Rich Case, Compliance Monitor, New JerseyCompliance Monitor, New Jersey

139

What Adult Facilities What Adult Facilities Need Monitoring?Need Monitoring?

1. Adult jails2. Adult lockups—police departments,

substations, sheriff’s departments3. Court holding facilities4. Adult prisons

140

Note!Note!

1. Adult lockups are the primary adult facilities needing monitoring.

2. An adult lockup is often the first stop for youth upon arrest and thus where the majority of the data will be.

141

Federal Definition of Adult Jail

An adult jail is a locked facility, the purpose of which is to detain adults charged with violating criminal law, who are pending trial.

Also considered are those facilities used to hold convicted adult criminal offenders sentenced for less than one year.

142

Federal Definition of Adult Lockup

Similar to an adult jail, except that an adult lockup is a temporary-hold facility which does not hold persons after they have been formally charged.

Law enforcement facilities without cells but containing cuffing rails or cuffing benches.

143

Note!Note!

1. Know federal de minimis allowances in advance.

2. Know approximately how many DSO and Jail Removal violations are allowed in your State.

144


Jail Removal

Sight & Sound Separation


Which Core Requirements Which Core Requirements Apply to Apply to

Adult Jails and Lockups?Adult Jails and Lockups?

145

Deinstitutionalization of Deinstitutionalization of Status Offenders (DSO) Status Offenders (DSO)

RefresherRefresher

Status offenders and non-offenders may not be securely detained in an adult jail or lockup for any length of time.

146

Jail Removal RefresherJail Removal Refresher

1. No juvenile shall be detained or confined in any jail or lockup for adults.

2. Status offenders and non-offenders securely detained for any length of time in jails/lockups equal two violations: DSO and Jail Removal.

147

Jail Removal Refresher Jail Removal Refresher (cont’d)(cont’d)

Jail Removal Exceptions

• Six-Hour Rule

• Court Appearance Hold

• Rural Exception

• Transferred, Waived, Certified, or Direct File Youth

148

Sight and SoundSight and SoundSeparation RefresherSeparation Refresher

Juveniles shall not have sight and/or sound contact with adult inmates while in a secure custody setting.

149

How to Monitor Adult Jails and How to Monitor Adult Jails and Lockups for DSO, Jail Removal, and Lockups for DSO, Jail Removal, and

SeparationSeparation1. Facilities self-report admissions logs.

2. Compliance monitor verifies potential violations over the phone.

3. Compliance monitor conducts onsite inspection to verify violations and visually confirm sight and sound separation.

4. Compliance monitor knows de minimis allowances.

150

Note!Note!

No juvenile shall enter under public authority, for any amount of time, into a secure setting or section of an adult jail, lockup, or correctional facility as a disposition of an offense or as a means of modifying his or her behavior—this means no Scared Straight Programs.

151

Note!Note!

Juveniles who have been transferred to adult court and against whom criminal felony charges have been filed do not fall under the auspices of the JJDP Act for jail removal and separation requirements within jails and lockups.

These juveniles are subject to State law.

152

Questions?Questions?

Thank you!

153

How Frequently Must Adult How Frequently Must Adult Jails and Lockups be Jails and Lockups be

Monitored?Monitored?

100 % of secure facilities must be inspected every three years.

A minimum of 10% of secure facilities must be visited per year.

154

Monitoring ‘Other’ FacilitiesMonitoring ‘Other’ Facilities

Elissa Rumsey, Elissa Rumsey, Compliance Monitoring Coordinator, OJJDPCompliance Monitoring Coordinator, OJJDP

155

What Is an ‘Other’ What Is an ‘Other’ Facility?Facility?

A “nontraditional” facility not historically known to hold juveniles securely; or

One that holds an extremely low number of juveniles or that almost certainly does not hold juveniles at all; or

A facility that is unique in structure and physical grounds.

156

Monitoring Other FacilitiesMonitoring Other Facilities

Collocated Facilities Court Holding Facilities Adult Prisons Group Homes Mental Health Facilities

157

Collocated FacilityCollocated Facility

A juvenile facility located in the same building as an adult jail or lockup, or is part of a related complex of buildings located on the same grounds as an adult jail or lockup.

Juvenile facilities collocated with adult facilities are considered adult jails or lockups absent compliance with certain criteria.

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Collocated Facility Criteria Juveniles and adults must be sight and sound separated. There must be separate juvenile and adult residential

areas (time phasing is allowed for program areas). State must approve facility to operate as a collocated

facility and must monitor annually.

Collocated Facility Collocated Facility (cont’d)(cont’d)

159

Staffing of Collocated Staffing of Collocated FacilitiesFacilities

Section 223(a)(12) allows for use of the same staff for adults and juveniles, given a State policy that requires staff training and certification to work with juveniles.

At a minimum, training must include youth development, adolescent physical and mental health, and nonviolent crisis intervention.

160

Which Core Requirements Which Core Requirements Apply to Collocated Apply to Collocated

Facilities?Facilities? Juvenile Side:

Deinstitutionalization of Status Offenders (DSO) Separation

Adult Side: Deinstitutionalization of Status Offenders (DSO) Separation Jail Removal

161

How Frequently Must How Frequently Must Collocated Facilities Be Collocated Facilities Be


Annually. One hundred percent of all collocated facilities in your State must be monitored every year.

162



163

Court Holding FacilitiesCourt Holding Facilities

A court holding facility is a secure facility, other than an adult jail or lockup, that is used to temporarily detain persons immediately before or after detention hearings or other court proceedings.

164

Court Holding Facilities Court Holding Facilities (cont’d)(cont’d) Court holding facilities must

Meet the definition of a court holding facility. Not detain individuals overnight (i.e., nonresidential). Not be used for punitive purposes or other purposes

not related to a court appearance. Provide for sight and sound separation in all secure

areas. If the facility does not meet this criteria, it must be

monitored as an adult jail or lockup.

165

A status offender may be held in a court holding facility if the facility meets the requirements of a court holding facility.

A delinquent offender may be held in a court holding facility if the facility meets the requirements of a court holding facility.

Sight and sound separation must be provided at all times.

Court Holding Facilities Court Holding Facilities (cont’d)(cont’d)

166

Which Core Requirements Which Core Requirements Apply to Court Holding Apply to Court Holding

Facilities?Facilities?

Separation

167

How Frequently Must Court How Frequently Must Court Holding Facilities Be Holding Facilities Be


100 percent every three years.

168



169

Adult Prison

State or federally funded institution to house convicted offenders under continuous custody on a long-term basis

170

Adult PrisonsAdult Prisons Status offenders and non-offenders are prohibited

from being placed in adult prisons. Holding delinquent offenders in an adult prison is

not a violation of jail removal; however, delinquent offenders must be separated at all times from adult inmates.

The JJDP Act does not prohibit transferred, waived, or certified youth from being held in an adult prison. The separation requirement does not apply.

171

Which Core Requirements Which Core Requirements Apply to Adult Prisons?Apply to Adult Prisons?

Deinstitutionalization of Status Offenders (DSO) Separation

172

How Frequently MustHow Frequently MustPrisons Be Monitored?Prisons Be Monitored?

Spot-check. Should you discover that status offenders and delinquent

offenders are being securely detained, monitoring frequency should be increased.

Annual certification should be provided by adult prisons certifying they do not hold juveniles in violation of the JJDP Act and specifically that Scared Straight type programs are not in operation.

173



174

Group Home

A nonsecure, community-based, residential program or facility

Includes residential treatment centers, shelter care, residential child care facilities

175

Group Homes (cont’d)Group Homes (cont’d)

Nonsecure facilities should be monitored to verify that the facility continues to be nonsecure.

If a facility’s status changes to have the capacity to hold offenders securely, data on youth detentions must be collected and verified onsite.

176

???

Which Core Requirements Which Core Requirements Apply to Group Homes?Apply to Group Homes?

177

How Frequently Must Group How Frequently Must Group Homes Be Monitored?Homes Be Monitored?

OJJDP onsite audit observations. To date standard has been “spot check.” States must provide a plan to OJJDP with the 2007

Compliance Monitoring report detailing number and security level of group homes in the State.

OJJDP will review information provided and make a decision about what the future monitoring standard should be.

178



179

Mental Health Facility

A juvenile facility governed under separate State law pursuant to civil commitment of juveniles for mental health treatment or evaluation.

180

Mental Health Facilities Mental Health Facilities (cont’d)(cont’d)

A juvenile committed to a mental health facility under a civil commitment for mental health treatment may be placed in a secure mental health facility.

Status offenders and non-offenders may not be placed in a secure mental health facility where the court is exercising only its juvenile status offender or non-offender jurisdiction.

181

Deinstitutionalization of Status Offenders (DSO)

Which Core Requirements Which Core Requirements ApplyApply

to Mental Health Facilities?to Mental Health Facilities?

182

How Frequently Must Mental How Frequently Must Mental Health Facilities Be Health Facilities Be


10 percent per year

183

Compliance Monitors are not Compliance Monitors are not simply bean counters. Rather, simply bean counters. Rather, they…they…

Ensure that children and youth are treated in accordance to the Act.

Serve as the authority in the State on Compliance Monitoring issues.

Assist facilities in meeting liability with regards to how children can be detained.

Other?

184

Wednesday, January Wednesday, January 24, 200724, 2007

OJJDP National OJJDP National Compliance Monitoring Compliance Monitoring

TrainingTrainingEnsuring Data Reliability and Ensuring Data Reliability and

ValidityValidity

____________________Day 2Day 2

185

Building an Adequate Building an Adequate System System

of Compliance of Compliance Monitoring:Monitoring:

Small Group ExerciseSmall Group ExercisePresented byPresented by

Elissa Rumsey, Elissa Rumsey,

Compliance Monitoring Coordinator, OJJDPCompliance Monitoring Coordinator, OJJDP

Susan Davis, Susan Davis,

Compliance Monitor, ColoradoCompliance Monitor, Colorado

186

Refresher:Refresher:Adequate System Adequate System of Compliance Monitoringof Compliance Monitoring

Section 223(a)(14) of the JJDP Act:Section 223(a)(14) of the JJDP Act:

Participating States must provide for an adequate system of Participating States must provide for an adequate system of monitoring jails, detention facilities, correctional facilities, and monitoring jails, detention facilities, correctional facilities, and nonsecure facilities to insure that the requirements of nonsecure facilities to insure that the requirements of paragraph (11), paragraph (12), and paragraph (13) are met, and paragraph (11), paragraph (12), and paragraph (13) are met, and for the annual reporting of the results of such monitoring to for the annual reporting of the results of such monitoring to the [OJJDP] Administrator…the [OJJDP] Administrator…

187

The 10 Compliance Monitoring System Elements

Policies and Procedures Monitoring Authority Monitoring Timetable Violation Procedures Barriers and Strategies

188

The 10 Compliance MonitoringSystem Elements (cont’d)

Definitions Identification of the Universe Classification of the Universe Inspection of Facilities Data Collection and Data Verification

189

Instructions for Small Group Breakouts

In your small group, discuss which of the 10 elements you have been assigned. Your element is included in your handout folder.

15 minutes to get into groups. 30 minutes to discuss/share ideas in group. 75 minutes to report back (each group has 7 minutes). 15 minutes to summarize. See further instructions in your handout folder.

190

Building an Adequate SystemBuilding an Adequate Systemof Compliance Monitoringof Compliance Monitoring

QUESTIONS?QUESTIONS?

191

The Valid Court Order The Valid Court Order (VCO) Exception(VCO) Exception

Presented byPresented by



192

I. The JJDP Act on the VCO

Section 103(16) of the JJDP Act: VCO means a court order given by a juvenile court judge to a juvenile.

193


Section 103(16)(A): Juvenile must be brought before the court and

made subject to the VCO

Section 103(16)(B): Juvenile must have received, before the

issuance of the VCO, the full due process rights guaranteed to such juvenile by the Constitution of the United States.

194


Section 223(a)23 Requires States to provide specific protections for

juveniles when taken into custody for violating a Valid Court Order.

195

II. The VCO in Practice?

Where State law allows, States may exclude as DSO violations those children securely detained pursuant to the violation of a VCO.

196

II. The VCO in Practice:

A juvenile commits a status offense.

197

II. The VCO in Practice

The Juvenile cannot be held In an adult jail or lockup for any length

of time. In juvenile detention past the standard

24 hours for status offenders. The Juvenile must be brought before a

court of competent jurisdiction for the issuance of a VCO.

198

A VCO is issued Must include a guarantee that the juvenile has

been advised of all due process rights.


199

Due Process Rights include Adequate notice of charges Assistance of counsel Privilege against self-incrimination Privilege to confront and cross-examine witnesses


200

The Juvenile violates the Valid Court Order.


201

II. The VCO in PracticeII. The VCO in Practice

When a VCO Is Violated:When a VCO Is Violated: A juvenile who violates a VCO may be held in a juvenile facility

but must… Be interviewed by an appropriate public agency within 24

hours. Have a reasonable cause hearing within 48 hours of being

placed in detention. Have an assessment report presented to the court at this hearing

to determine placement pending the violation hearing.

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III. What States Must Do to Use the III. What States Must Do to Use the VCO Exception:VCO Exception:

State must have State law allowing secure detention of kids who violate VCOs.

The State must train court and facility staff to ensure that all VCO standards are met (i.e., due process is afforded, interviews occur within 24 hours, hearing within 48 hours).

State must review a minimum of 10 percent of all VCO cases to ensure they meet VCO standards.

203

III. What States Must DoIII. What States Must Doto Use the VCO Exception:to Use the VCO Exception:

State must project and report as DSO violations those cases that do not meet VCO standards.

State must provide as part of its annual Compliance Monitoring report a copy of the State legislation that allows the VCO exception to be utilized.

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Stay Tuned…Stay Tuned…for the VCO skit at lunch!for the VCO skit at lunch!

Starring:Bob Miller (Louisiana Compliance Monitor) as “Bobby”Laura Whitlock (South Carolina JJ Specialist) as “Deputy Whitlock”Rich Case (New Jersey Compliance Monitor) as “Court Staff”Barb Murray (Alaska JJ Specialist) as “Bobby’s Mother”

And a host of other JJ Specialists and Compliance Monitors!

205

Questions?Questions?

Thank you!

206

Federal Wards/Immigrant Federal Wards/Immigrant YouthYouth Presented byPresented by Laurie Elliot, Laurie Elliot, Compliance Monitor, IllinoisCompliance Monitor, Illinois

Larry Fiedler, Larry Fiedler, State Representative, OJJDPState Representative, OJJDP

Allison Ganter, Allison Ganter, Compliance Monitor, CaliforniaCompliance Monitor, California

207

Federal WardsFederal Wards

As defined by the Office of Juvenile Justice and Delinquency Prevention, a federal ward is a juvenile who is under the care and custody of the federal government. Such juveniles would include undocumented immigrant youth and those youth in the custody of the Bureau of Indian Affairs.

208

The JJDP Act onThe JJDP Act onFederal Wards/Alien YouthFederal Wards/Alien Youth

Section 223(a)(11)(B)(ii)

“Juveniles. . . who are aliens shall not be placed in secure detention facilities or secure correctional facilities.”

Undocumented alien youth securely detained in juvenile facilities may violate the DSO Core Requirement.

209

The JJDP Act onThe JJDP Act onFederal Wards/Alien YouthFederal Wards/Alien Youth

OJJDP Policy allows aliens to be securely held in juvenile facilities for 24 hours for the following purposes:

Jurisdictional transfer Appearance as a material witness Return to lawful residence or country of citizenship

Does not include those undocumented immigrants who are also delinquent.

210

Note!Note! States agree to participate in the JJDP Act and, as a

result, receive federal Formula Grant funds. States must convince public and private facilities that

undocumented immigrant youth held securely violate the JJDP Act.

OJJDP is working with other federal agencies to increase cooperation and adherence to JJDP Act requirements.

Bottom line is that, because the State is accepting these funds, it is up to the State to achieve compliance.

211

That said, where the That said, where the presence of federal wards presence of federal wards

exceeds 29.4…exceeds 29.4…

Federal Wards held under Federal statutory authority in a secure State or local detention facility may be considered an “exceptional circumstance” if excluding them from final DSO calculations brings the State’s DSO rate below 29.4/100,000.

212

Federal Wards─The Federal Wards─The Indiana ExperienceIndiana Experience

Indiana has one of two secure facilities in the nation that contracts to hold federal wards.

Average federal ward population is 30–35 a day. Average length of stay is roughly 45 days. Outcome for youth: 60 percent to 70 percent

deported.

213


(cont’d)(cont’d) Initiation of the Compliance Monitoring Function

Facility identification: discovery of the federal ward issue occurred only with the last 18 months after an onsite visit. Data collection and verification:

Previous data collection method insufficient to identify this issue.

Indiana has initiated a Web-based reporting system that will easily identify federal wards.

Site visit and data verification will occur at this facility annually.

214


(cont’d)(cont’d) Maintaining compliance with the DSO mandate:

Given the number of federal wards held securely in Indiana, the State will not be able to maintain compliance with the DSO mandate without the backing out of the federal wards, as allowed by the Juvenile Justice and Delinquency Prevention Act.

215


(cont’d)(cont’d) General strategies used in Indiana to encourage compliance with

the JJDP Act Core Requirements: Provision of training and technical assistance Withholding or restricting funding to counties that house

noncompliant facilities or counties that use noncompliant facilities.

Primary barrier for change of practice with regard to federal ward issue:

This is a private facility with a great financial interest in maintaining this federal ward program.

216

Federal Wards –Federal Wards –The California ExperienceThe California Experience

We survey the field annually. In 2005, San Diego and Imperial County contracted with

Border Patrol. Immigration and Customs Enforcement. U.S. Marshals.

217

In California (cont’d)In California (cont’d)

In 2005, there were 332 federal wards held, with 133 for more than 24 hours.

218

In California (cont’d)In California (cont’d) We verify each violation.

Many times, a juvenile also has a delinquent charge and will be deported within 24 hours after the commitment has been completed.

Facility personnel are not always aware of this exception. We are looking for straight federal holds for illegal entry.

Compliance Monitor makes phone call upon submission of report.

Compliance Monitor reviews and verifies data during onsite inspection.

219

California DSOCalifornia DSORates for 2005Rates for 2005

2.88 De minimis compliance. 133 of our 219 violations were federal wards

held over 24 hours (61 percent).

This is an area of ongoing technical assistance and improvement.

220

Rural ExceptionRural Exception

Thomas Murphy, Thomas Murphy, State Representative, OJJDPState Representative, OJJDP


221

What Is The Rural Exception?

The JJDP Act allows States to implement a statutory rural exception, allowing the temporary detention beyond the 6-hour time limit of juveniles accused of delinquent offenses who are awaiting an initial court appearance within 48 hours (excluding weekends and holidays).

222

What Is the Rural Exception? OJJDP requires that States seek prior written approval

before implementing the Rural Exception. If you cannot find such written documentation granting

approval from OJJDP in your files, you need to request approval in writing.

Please submit this request along with your FY 2007 Formula Grants application.

This approval is not statewide; rather it applies to specific facilities that meet Rural Exception criteria.

223

Note! The Rural Exception does NOT apply to status offenders

or non-offenders. There are specific conditions that must be met in order

for an accused juvenile criminal-type offender who is awaiting an initial court appearance, to be detained in a jail or lockup under the Rural Exception.

All of the following conditions must be met….

224

Rural Exception Conditions

1. The geographic area having jurisdiction over the juvenile must be outside a metropolitan statistical area (non-MSA) as defined by the Office of Management and Budget.

225


2. A determination must be made that there is no existing acceptable alternative placement for the juvenile pursuant to criteria developed by the State and approved by OJJDP.

3. The jail or lockup must be certified by the State to provide sight and sound separation.

226


4. The State must have a policy that requires individuals who work with both juveniles and adults in collocated facilities to have been trained and certified to work with juveniles.

227

Rural Exception (cont’d)

The State must provide documentation that the conditions have been met.

The State must have received prior approval from OJJDP to use it.

OJJDP strongly recommends youth admissions screening and continuous visual supervision.

228

Rural Exception Rules

An accused juvenile criminal-type offender may be detained for the following time periods: (all times exclude weekends and holidays).

Up to 48 hours; or If the facility is located where conditions of distance to be

traveled or the lack of highway, road or other ground transportation does not allow for court appearances within 48 hours so that a brief (not to exceed 48 hours) is excusable; or

229

Rural Exception Rules

If the facility is located where conditions adverse to safety exist (e.g., severe, life threatening weather conditions), the time for an appearance may be delayed until 24 hours after the time that such conditions allow for reasonably safe travel (no weekend or holiday exception here).

230

Note!

Extended time periods do not apply after the initial court appearance. The six-hour exception after a court appearance applies.

In the CM report you must report on each use of the exception over 48 hours, and provide supporting documentation.

231

Court Holding Court Holding FacilitiesFacilities

Presented by Presented by


Julie Herr, Julie Herr, State Representative, OJJDPState Representative, OJJDP

Andrew Polk, Andrew Polk, Compliance Monitor, Massachusetts Compliance Monitor, Massachusetts

232

What Is a Court HoldingWhat Is a Court HoldingFacility?Facility?

A secure facility other than a jail or lockup. Used to temporarily detain persons immediately

before or after a court proceeding. Does not detain individuals overnight. Is not used for punitive purposes.

233

How Do You Monitor These How Do You Monitor These Facilities?Facilities?

If the court holding facility meets the criteria, then you monitor for sight and sound separation only.

If the court holding facility does not meet the criteria, it is not “classified” as a court holding facility, and is monitored as either a jail or lockup—which means you monitor for all three Core Requirements.

234

Monitoring (cont’d)Monitoring (cont’d)

What types of juveniles can be held there, provided it is a court holding facility? Delinquents Status offenders Accused and adjudicated

235

Monitoring (cont’d)Monitoring (cont’d)

What would be considered a violation? If the facility is not sight and sound separated, it is not a court

holding facility, and is monitored as a jail or lockup. If the juvenile is sentenced to the facility, or placed in the facility

for punitive purposes, then it is no longer a court holding facility, and is monitored as a jail or lockup.

If the juvenile is held overnight, then it is no longer a court holding facility, and is monitored as a jail or lockup.

236

ExamplesExamples

Facilities in compliance are Sight and sound separated, either environmentally—or

with extensive policies and procedures Not staffed at night (unless court is held at night) Do not allow judges to use the facility for punitive

purposes

237

Examples (cont’d)Examples (cont’d)

Problems you may encounter: Old buildings where separation is difficult Judges who use the facilities because juvenile

detention are overcrowded Facilities that are used for “overflow” when the jail gets

too crowded

238

Possible SolutionsPossible Solutions

For separation issues: Time phasing with policies. Hospital curtains. One-way glass. Separate court days for juveniles and adults. Others?

239

Possible Solutions (cont’d)Possible Solutions (cont’d)

Recommend that you ask for their ideas on solutions before you impose your ideas.

Talk to chief, sheriff, judge to gain their approval. Discuss methods that other facilities have used as

possible solutions for their situation.

240

DiscussionDiscussion

Massachusetts

Your State

241

Data Analysis, Data Data Analysis, Data Verification, and Verification, and ReportingReporting

Susan DavisSusan DavisCompliance Monitor, Colorado Compliance Monitor, Colorado

Elissa Rumsey Elissa Rumsey Compliance Monitoring Coordinator, OJJDPCompliance Monitoring Coordinator, OJJDP

242

Compliance Monitoring (CM) Compliance Monitoring (CM) Data: Data:

Ensuring Reliability and ValidityEnsuring Reliability and Validity

1. Why collect data?

2. What kinds of data should be collected?

3. How should data be analyzed?

4. How should data be verified?

5. How should data be reported?

6. How does OJJDP verify data?

243

1. Why Collect CM Data?1. Why Collect CM Data?

Data collection and reporting are required to determine if facilities are in compliance with DSO, Jail Removal, and Separation.

As part of the CM system, each State must report on the barriers it faces in implementing and maintaining a monitoring system.

244

1. Why Collect CM Data 1. Why Collect CM Data (cont’d)?(cont’d)?

Data can be a powerful tool to help you understand problems in your CM system.

Data provide powerful evidence where compliance problems exist and can be used to demonstrate to State and local officials where changes must be made.

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2. What Kind of Data Should 2. What Kind of Data Should Be Collected?Be Collected?

Self-reported facility admissions logs Monthly, quarterly, semiannually, or annually Admissions logs should include

Name or case identifier Age Race Most serious offense Time in/time out Held securely or nonsecurely Held sight/sound separated Where/who released to

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2. What Kind of Data Should 2. What Kind of Data Should Be Collected?Be Collected?

If facilities refuse to self-report any data by fax, email, or mail, the CM must attempt to collect data onsite.

Review can be done monthly, quarterly, or annually. Review admissions logs for pertinent information.

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2. What Kind of Data Should 2. What Kind of Data Should Be Avoided?Be Avoided?

Self-reported violations from facilities are inadequate. Expecting State, local, and private facilities to understand the

distinctions between State and federal detention requirements and to report accurately creates significant room for error.

Compliance Monitors should ask facilities to maintain juvenile admissions logs and self-report them to the State; absent that, the State must collect admissions logs onsite.

If the facility self-reports admissions logs, the CM must review them for violations and then follow up with the facility by phone and, ultimately, onsite.

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Note!Note! The DSA must verify compliance data provided by

another agency. If you have a memorandum of understanding with

another State agency (e.g., Adult DOC), whereby it provides relevant data it has already collected, then you are still responsible to verify, onsite, whatever data it provides to you.

If you are paying for that agency to monitor specifically for JJDP Act Core Requirements, then this does not apply.

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3. How Should Data Be Analyzed?3. How Should Data Be Analyzed?

Admissions logs should be reviewed for accuracy and completeness.

Suspect entries and entries that appear to include violations of the Core Requirements should be promptly followed up.

Data must be analyzed and verified onsite before submitting final annual report to OJJDP.

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4. How Should Data Be 4. How Should Data Be Verified?Verified?

Data can first be verified over the phone. Data must ultimately be verified onsite. If facilities submit

self-report admissions logs, ask to see the actual admissions logs onsite to verify that they match.

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5. How Should Data Be5. How Should Data BeReported to OJJDP?Reported to OJJDP?

Verified data must be reported to OJJDP on an annual basis.

Calendar-year monitoring period is strongly encouraged. 12 months of data ideal; minimum of six months required. Data should be reported via the Excel spreadsheet,

recently updated and available at www.ojjdp.ncjrs.org/compliance/.

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5. How Should Data Be 5. How Should Data Be Reported to OJJDP (cont’d)?Reported to OJJDP (cont’d)? The data sets that you need to collect are in the OJJDP

Guidance Manual. Make sure you understand the data sets before you start

collecting data so you do not need to go back and collect additional data.

Compliance de minimis standards were reviewed yesterday and are in the OJJDP Guidance Manual.

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6. How Does OJJDP Verify 6. How Does OJJDP Verify State Compliance Data?State Compliance Data?

Annual review of State’s Compliance Monitoring Report to determine eligibility for Formula Grant Award

Onsite audit—at least once every five years

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Reminder: Data Tied toReminder: Data Tied toFormula Grant FundingFormula Grant Funding

The annual Compliance Monitoring Report shows compliance with DSO, Jail Removal and Separation.

If in compliance with all three, 60 percent of Formula Grant funds are awarded.

If out of compliance with one Core Requirement, 20 percent of funding lost and 50 percent of remaining funds must be spent on that Core Requirement.

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And Finally…And Finally… Data collection is critical If OJJDP determines that a State is out of compliance

with Section 223(a)(14) then Formula Grants funds can be frozen or not awarded.

If you have a reluctant facility, stress Accountability Risk of civil litigation Fact that the requirements are now standards of

professional conduct. Build relationships! Work as a team towards compliance.

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Compliance Monitoring Data: Compliance Monitoring Data:

Ensuring Reliability and Ensuring Reliability and ValidityValidity

1. Review of OJJDP Compliance Monitoring Report/Technical Assistance Tool

2. Form recently updated

3. Minor changes you should be aware of

4. Troubleshooting common errors

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San DiegoSan DiegoOnsite Facility Inspections Onsite Facility Inspections

Presented by Presented by Allison Ganter, CaliforniaAllison Ganter, California

Elissa Rumsey, OJJDP Elissa Rumsey, OJJDP

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Six FacilitiesSix Facilities

1. Kearny Mesa Juvenile Hall

2. Coronado Police Department

3. National City Police Department

4. San Diego City Police Department, Mid-City Station

5. San Diego County Sheriff’s Department

5a. Imperial Beach Substation

5b. Lemon Grove Substation

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Kearny Mesa Juvenile HallKearny Mesa Juvenile Hall

OJJDP Definition

Secure Juvenile Detention Center:

A secure juvenile detention center is any secure public or private facility used for the lawful custody of accused or adjudicated juvenile offenders.

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Kearny Mesa Juvenile HallKearny Mesa Juvenile HallClassification per Federal Classification per Federal

DefinitionsDefinitions Secure Juvenile only Residential Public

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Kearny Mesa Juvenile HallKearny Mesa Juvenile Hall2005 Data2005 Data

Rated capacity = 359. Total number of beds = 517. Facility reported 132 status offenders securely detained

in violation of DSO. Status offenders are held in intake. They are not housed

with other juveniles in housing units. Facility reported 43 federal wards held in violation of

DSO.

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Onsite Inspection: 1/25/07Kearny Mesa Juvenile Hall

Self-reported data review Facility tour Applicable Core Requirements

DSO Separation

Verification of data

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Coronado Police Coronado Police DepartmentDepartment

OJJDP Definition

Lockup:

A lockup is similar to an adult jail except that an adult lockup is generally a municipal or police facility of a temporary nature that does not hold persons after they have been formally charged.

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Coronado Police DepartmentCoronado Police DepartmentClassification per Federal Classification per Federal

DefinitionsDefinitions

Secure Adult and Juvenile Nonresidential Public

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Coronado Police Coronado Police DepartmentDepartment2005 Data2005 Data

Four cells: each with varying capacities based on size. Facility reported five juvenile delinquents held in secure

detention in 2005. None over six hours. All sight and sound separated from adults

17 juvenile delinquents held in nonsecure detention.

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Onsite Inspection: 1/25/07Coronado Police Department


DSO Separation Jail Removal


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National City Police National City Police DepartmentDepartment

OJJDP DefinitionLockup:


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National City Police National City Police DepartmentDepartment

Classification per Federal Classification per Federal DefinitionsDefinitions

Secure Adult and juvenile Nonresidential Public

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National City Police National City Police DepartmentDepartment2005 Data2005 Data

12 cells: each of varying rated capacities based on size. One is a “juvenile holding cell.”

Facility reported four juvenile delinquents held in secure detention in 2005. None over six hours.

Facility reported 153 juvenile delinquents in nonsecure detention.

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Onsite Inspection: 1/25/07National City Police Department




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San Diego City Police San Diego City Police DepartmentDepartment

Mid-City StationMid-City Station OJJDP Definition

Lockup:


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San Diego City Police DepartmentSan Diego City Police DepartmentMid-City StationMid-City Station

Classification per Federal Classification per Federal DefinitionsDefinitions


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San Diego City Police San Diego City Police DepartmentDepartment

Mid-City StationMid-City Station

Two holding cells that are not locked. Hardware has been removed. Facility provided certification that they are nonsecure

and do not hold juveniles securely.

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Onsite Inspection: 1/25/07San Diego Police Department Mid-City Station




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San Diego County Sheriff’s San Diego County Sheriff’s Department: Department:

Lemon Grove SubstationLemon Grove Substation OJJDP Definition

Lockup:


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Lemon Grove Substation Lemon Grove Substation Classification per Federal Classification per Federal

DefinitionsDefinitions Secure Adult and Juvenile Nonresidential Public

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Lemon Grove Substation Lemon Grove Substation 2005 Data2005 Data

Three holding cells: each with a rated capacity of three. Facility reported four juvenile delinquents held in secure

detention in 2005. Two over six hours

Facility reported 251 juvenile delinquents.

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Onsite Inspection: 1/25/07San Diego County Sheriff’s Department: Lemon Grove Substation Self-reported data review Facility tour Applicable Core Requirements



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San Diego County Sheriff’s San Diego County Sheriff’s Department:Department:

Imperial Beach SubstationImperial Beach Substation

OJJDP DefinitionLockup:


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Imperial Beach Substation Imperial Beach Substation Classification per Federal Classification per Federal

DefinitionsDefinitions


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San Diego CountySan Diego CountySheriff’s Department: Sheriff’s Department:

Imperial Beach Substation Imperial Beach Substation 2005 Data2005 Data

Two holding cells. Facility reported five juvenile delinquents held in

secure detention in 2005. None over six hours.

Facility reported 127 juvenile delinquents held in nonsecure detention.

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Onsite Inspection: 1/25/07San Diego County Sheriff’s Department: Imperial Beach Substation Self-reported data review Facility tour Applicable Core Requirements



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OJJDP Audits of State OJJDP Audits of State Compliance Monitoring Compliance Monitoring SystemsSystems

Presented by Presented by Julie Herr, State Representative, OJJDPJulie Herr, State Representative, OJJDPRon Smith, Compliance Monitor, IllinoisRon Smith, Compliance Monitor, Illinois

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Session OverviewSession Overview

What is a compliance audit, and why do we do them?

The audit process: planning, execution, and follow-up.

Common audit findings. Illinois: A review of one State’s audit experience.

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Pursuant to Section 223(a)(14) of the Pursuant to Section 223(a)(14) of the JJDP Act of 2002, States shall:JJDP Act of 2002, States shall:

“Provide for an adequate system of monitoring jails, detention facilities, correctional facilities, and nonsecure facilities to ensure that the requirements of paragraph (11), paragraph (12), and paragraph (13) are met, and for annual reporting of the results of such monitoring to the [OJJDP] Administrator….”

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Pursuant to Section 204(b)(6) of the Pursuant to Section 204(b)(6) of the JJDP Act of 2002, OJJDP shall:JJDP Act of 2002, OJJDP shall:

“Provide for the auditing of monitoring systems required under… this title to review the adequacy of such systems….”

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What Is a Compliance What Is a Compliance Audit?Audit? An in-depth review and evaluation of a State’s system for

monitoring and reporting on its compliance with the Core Requirements.

Audits occur a minimum of once every five years.

OJJDP will determine whether a State’s system is “adequate” or “not adequate.” Additional findings and recommendations will also be provided.

The result of a “not adequate” finding is that access to Formula Grants funds will be frozen. Future eligibility as a “Participating” State with the Formula Grants program is also jeopardized.

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Pre-Audit PlanningPre-Audit Planning

State Rep provides informal notification that an audit is due for the coming year.

Specialist, Compliance Monitor and State Rep work together to select mutually convenient dates.

Specialist, Compliance Monitor and State Rep work together to identify an appropriate sample of facilities to be visited.

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Pre-Audit Planning Pre-Audit Planning (cont’d)(cont’d)An appropriate sample of facilities will include the following: One juvenile detention facility One juvenile corrections facility/training school One adult jail One adult lockup One court holding facility One nonsecure group home

Facilities should ideally represent a mix of urban, rural, and suburban communities and include geographic areas beyond the capital region.

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Pre-Audit Planning Pre-Audit Planning (cont’d)(cont’d)

Compliance Monitor contacts facilities to arrange a date and time for each audit visit, emphasizing that it is the State—not the facilities themselves—that is being audited.

State develops a tentative agenda.

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The State ensures that each of the selected facilities will have original data available onsite.

The State agency has all required data available for review and ready to carry into the field.

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30 days out, an official notification letter is mailed with information on required pre-audit materials.

14 days in advance, pre-audit materials are provided to OJJDP.

State Rep reviews pre-audit materials as well as the Compliance Monitoring section of the State’s Three-Year Plan.

State Rep attempts to answer questions from Appendix 3 of the Audit Guideline Manual. A list of areas requiring additional clarification is compiled.

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Audit ExecutionAudit Execution1) Entrance interview.2) Discussion of the State system. Clarification of any issues that arose in the State Rep’s review of pre- audit materials. Key issues include

Policies and Procedures Monitoring authority Monitoring timetable Violation procedures Barriers and Strategies

Definitions Identification Classification Inspection Data collection/verification

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Audit Execution (cont’d)Audit Execution (cont’d)

3) Facility visits.

Introduction. Tour of facility and verification that physical plant,

policies, procedures are sufficient to facilitate compliance with Core Requirements.

Verification of data.

4) Exit interview.

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Audit Follow-Up Audit Follow-Up OJJDP completes official findings letter and audit

report, with both findings and recommendations.

Findings can be positive or negative. Findings must be addressed or the State risks

having its Formula Grants funds frozen. Recommendation OJJDP strongly recommends

that the State take action, such that the issue does not at a later date rise to the level of a “finding.”

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Audit Follow-Up (cont’d)Audit Follow-Up (cont’d)

State prepares official response to report and findings letter, delineating how it will address audit findings and recommendations.

OJJDP provides a “response to the response,” designating audit as officially closed or indicating the need for further action.

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Common Audit FindingsCommon Audit Findings

The State is not performing onsite data verification prior to submission of Compliance Monitoring reports to OJJDP.

The State has classified a facility, (e.g. a Lockup) as nonsecure yet during the OJJDP Audit the onsite inspection reveals a cuffing bench or cuffing rail.

The State is not inspecting facilities believed to be nonsecure (e.g., lockups, group homes) to verify nonsecure status.

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Common Audit Findings Common Audit Findings (cont’d)(cont’d) The State is not inspecting secure facilities at a rate of

100 percent every three years. The State is not monitoring its juvenile correctional

facilities/training schools to ensure compliance with DSO and sight and sound separation requirements.

Facilities are self-reporting violations and the DSA is not adequately verifying such self-reports for accuracy (e.g. comparing self-reported violations against admissions/booking logs).

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Common Audit Findings Common Audit Findings (cont’d)(cont’d)

The State does not provide adequate documentation that VCO process requirements have been met.

The State has not included law enforcement facilities that exist in airports, shopping malls, and sports stadiums in its monitoring universe.

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Thank You to Thank You to OJJDP for Sharing this.OJJDP for Sharing this.

((

Global Youth JusticeGlobal Youth Justice

www.GlobalYouthJustice.org““Making the Time for Juvenile Making the Time for Juvenile

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