Session I:

ICJ and Secure Detention

Presenters:Kari Rumbaugh (NE)Anne Connor (NV)Dale Dodd (NM)

Maria Genca (CT)Rick Masters

Objective

This training will look at how ICJ Rules address secure detention and how to enforce the OJJDP

exclusion with state judiciary.

Serving Juveniles While Protecting Communities

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Serving Juveniles While Protecting Communities

Juvenile Justice and Delinquency Prevention Act (JJDPA) and the Deinstitutionalization of Status

Offenders (DSO)

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Serving Juveniles While Protecting Communities

ICJ Rules

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Serving Juveniles While Protecting Communities

Voluntary & Non-Voluntary Returns

ICJ Rules allow for the secure detention of non-delinquent runaways, accused status offenders, escapees, absconders and accused delinquents.

Juveniles may be held for a maximum of 90 calendar days.

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Serving Juveniles While Protecting Communities

Voluntary & Non-Voluntary Returns

Rule 6-101: Release of Runaways to Parent or Legal Guardian

• Runaways held over 24 hours do not have to be held in secure detention

• Runaways endangering themselves or others held beyond 24 hours shall be held in ‘secure facilities’– Secure facility vs. secure detention

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Serving Juveniles While Protecting Communities

OJJDP Exclusion

Juveniles held pursuant to the ICJ are excluded from the deinstitutionalization of status offenders requirements.

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Serving Juveniles While Protecting Communities

Survey Results

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Does your state Compact Office face re-sistance from courts for applying the OJJDP

Exclusion in ICJ Cases?

49.02%

YES

NO

50.98%

Serving Juveniles While Protecting Communities

Non-delinquent Runaways and Status Offenders

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Serving Juveniles While Protecting Communities

Survey Results

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Does your state have statues/regulations etc. prohibiting detention of runaways?

43.14%

YES

NO

56.86%

Does your state have statutes/regu-lations etc. in place prohibiting de-

tention of status offenders?

YES

NO

31.37%

68.63%

Serving Juveniles While Protecting Communities

How do you detain a status offender when state laws do not permit detainment of youth in locked

facilities?

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Serving Juveniles While Protecting Communities

How do you approach the courts when the OJJDP exclusion is not enough to override policies on the

secure detention of non-delinquent juveniles?

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Serving Juveniles While Protecting Communities

Where do states hold victims of human trafficking?

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Serving Juveniles While Protecting Communities

Accused and Adjudicated Delinquent Juveniles

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Serving Juveniles While Protecting Communities

Survey Results

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Does your state permit juveniles who are adjudicated delinquents to be detained for all or part of the sentence or disposition?

9.8%

YES

NO

90.2%

Serving Juveniles While Protecting Communities

How do you handle home/demanding states or legal guardians reluctant to make arrangements

for a juvenile who is not securely detained?

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Serving Juveniles While Protecting Communities

How do you detain a juvenile listed as a “Missing Person” in NCIC?

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Serving Juveniles While Protecting Communities

Scenarios

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Serving Juveniles While Protecting Communities

• Two delinquent runaways in State A are absconders from State B– No warrant

• Adult court on new charges in State A– Bond set; released from detention center

Why weren’t the juveniles returned with ICJ Form III?

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Scenario

Serving Juveniles While Protecting Communities

• Juvenile located by law enforcement in State A– Found in NCIC as a missing person in State B

• Placed in runaway shelter– Compact Office requested secure detention– State A’s detention center refused

• Juvenile runs away from shelter– Sexually assaulted on streets

What is the liability for States A & B to be sued by parents of juvenile for refusal to follow ICJ

Rules?20

Scenario

Serving Juveniles While Protecting Communities

• Juvenile runaway located in State A– reported runaway status and on probation in

State B• No warrant

– State B does not want juvenile to return• Juvenile held in State A detention center• Juvenile released to mother living in State A

Was the juvenile correctly held in the detention center?

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Scenario

Serving Juveniles While Protecting Communities

• Juvenile picked up by law enforcement in State A– Juvenile discloses runaway status from State B

• Juvenile not found in NCIC

What are State A and State B Compact Offices responsible for?

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Scenario

Serving Juveniles While Protecting Communities

Nebraska• Secure vs. Staff Secure

– Non-violent runaways

Detention center decision? Staff decision?

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Scenario

Serving Juveniles While Protecting Communities

Opposition : SOS Project

Coalition for Juvenile Justice

Preventing court involvement and incarceration of status offenders and non-delinquent juveniles.

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Serving Juveniles While Protecting Communities

White Paper

• Temporary Secure Detention of Non-Adjudicated Juvenile Runaways– October 2013

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Questions?

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