Chapter 6
Strengthening the Juvenile Justice System

Many juvenile justice policymakers, practitioners, and systems find themselves struggling to keep up with the changing needs of the juveniles and communities they serve at the same time they are dealing with reduced budgets and programs. These challenges make it essential for local and state governments to have reliable information about innovative, effective new programs and for them to have the opportunity to participate in specialized training and technical assistance activities. OJJDP works closely with local and state governments to provide them with the types of programs and services they need to strengthen their juvenile justice systems.

At the core of these efforts is the Formula Grants program, which provides formula and block grants to states to assist in the development of activities based specifically on the needs of the states and their communities. As part of this effort, the Office works with states to help them reduce the overrepresentation of minority youth in the juvenile justice system.

Encouraging states to develop programs that hold young offenders accountable for their actions also remained a priority for OJJDP in FY 2002, as did providing incentives for states to respond to specific challenge areas. In addition, the Office has instituted a new program, Targeted Community Action Planning (TCAP), to help communities identify and respond to their most pressing juvenile justice needs. This program stresses the importance of developing targeted community responses that focus on results, not process.

OJJDP also provides juvenile justice advocacy leaders and practitioners with the tools they need to develop and implement effective programs by offering an intensive program of training and technical assistance. To make it easier for practitioners to access this information, the Office supports a national center, which coordinates the services of more than 70 OJJDP training and technical assistance providers.

The programs discussed in this chapter illustrate OJJDP's efforts to help states and local communities reduce juvenile delinquency and strengthen their juvenile justice systems. These efforts seek to ensure that offenders are held accountable and treated fairly, the public is protected, and appropriate prevention, intervention, and rehabilitative services are available to meet the needs of victims, families, and offenders.

Addressing Disproportionate Minority Confinement

For more than a decade, OJJDP has been a leader in efforts to reduce the overrepresentation of minority youth in the nation's juvenile justice system. The 1988 amendments to the Juvenile Justice and Delinquency Prevention (JJDP) Act of 1974 required states participating in OJJDP's Formula Grants program to make efforts to reduce the disproportionate confinement of minority youth in secure facilities. In 1992, Congress elevated the issue of addressing disproportionate minority confinement (DMC) to a core requirement of the JJDP Act, meaning that states failing to demonstrate efforts to reduce the overrepresentation of minority youth in confinement would risk losing 25 percent of their annual Formula Grant allocation. OJJDP is helping states fulfill this requirement by providing training and technical assistance and by disseminating resources through a DMC section on its Web site.

Research and Evaluation Associates, Inc. (REA), of Chapel Hill, NC, is one of four OJJDP grantees and contractors responsible for providing states with technical assistance in their efforts to reduce DMC. In FY 2001, REA developed a set of strategic tools and materials to help jurisdictions address this issue and provided intensive technical assistance to several states. While working with these states, REA developed a protocol for delivering technical assistance in response to DMC issues. The protocol was designed to help states identify and prioritize interventions that have both immediate and long-term effects. During FY 2002, REA provided intensive technical assistance services to Alaska, California, Kentucky, Massachusetts, New Mexico, and South Carolina and to two or three local jurisdictions within each of these states. REA also conducted a review of the status of all states' efforts to reduce DMC. OJJDP and REA will use findings from the review to develop a technical assistance plan to help states address DMC. In addition, REA has established listservs to facilitate the sharing of information and skills and has identified and trained approximately 50 potential consultants to provide technical assistance on DMC-related issues.

REA also developed an OJJDP Bulletin, Disproportionate Minority Confinement: A Review of the Research Literature From 1989 Through 2001. The purpose of this Bulletin, which is available as an online prepublication on OJJDP's DMC Web page, is to extend earlier analysis of DMC by examining research found in professional academic journals and edited books during the 12-year period.

OJJDP also provides funding to the Juvenile Justice Evaluation Center (JJEC) to help states enhance their capacity to evaluate their efforts to reduce DMC. Operated by the Justice Research and Statistical Association of Washington, DC, JJEC develops publications and assists states in incorporating evaluation into program development and planning processes and in forming evaluation partnerships with state and local juvenile justice agencies and professionals.

OJJDP's training and technical assistance provider for the Formula Grants program, Development Services Group, Inc. (DSG), of Bethesda, MD, also works with states to address DMC. In FY 2002, DSG responded to nearly 25 requests from states.

OJJDP, along with seven foundations and the Bureau of Justice Assistance, also funded the Building Blocks for Youth initiative, a partnership of organizations led by the Youth Law Center. The Building Blocks for Youth initiative is dedicated to protecting minority youth in the justice system and to promoting rational and effective justice system policies. Activities included conducting research, analyzing decisionmaking, advocating for minority youth, building constituencies for change, and developing communication strategies.

In addition, OJJDP expanded its DMC research consultant pool, which is made available to local and state governments, by inviting 45 social science researchers to an orientation meeting about DMC research. A list of 22 qualified research consultants resulted from this effort. The Office also sponsored a DMC researchers' focus group, which provided guidance to OJJDP in developing a research agenda. On an ongoing basis, the Office provides training to OJJDP staff and other juvenile justice professionals to help strengthen their understanding of DMC and compliance issues.

As mentioned above, OJJDP maintains a DMC section on its Web site. The section provides information about related tools and resources, including a catalog of state research reports and a technical assistance manual to help states address DMC. The catalog of state reports, which provides a central repository for historical records of DMC efforts in each state, has proven valuable to the field. The section also contains relevant publications and information about OJJDP's DMC Working Group, which coordinates the Office's efforts to reduce DMC and shares information about these efforts with OJJDP and other DOJ staff.

The 2002 reauthorization of the JJDP Act broadened the requirement of addressing disproportionate minority confinement to address the disproportionate numbers of minority youth who come into contact with the juvenile justice system at any point. During FY 2003, OJJDP will focus on enhancing its efforts to address this issue, including helping states adopt a comprehensive, balanced, and multidisciplinary approach to reducing DMC.

Formula Grants Program

The Formula Grants program, established by the JJDP Act of 1974, provides funds directly to states, U.S. territories, and the District of Columbia to help them implement comprehensive state juvenile justice plans based on detailed studies of needs in their jurisdictions.⁶ (The term "states," as used throughout this section, refers to the 50 states, the District of Columbia, and 5 U.S. territories: American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and the Virgin Islands.) Forty-eight states, the District of Columbia, and all five territories are participating in the Formula Grants program. (South Dakota and Wyoming are not participating.)

During FY 2002, OJJDP awarded more than $76 million to the states under the Formula Grants program to support a variety of juvenile justice activities, from prevention efforts to secure confinement. Allocations are based on the number of juveniles under age 18 in a state. In FY 2002, the allocations (other than those for territories) ranged from $641,000 (Washington, DC) to $8.431 million (California). The Governor of each state designates a state agency to implement the Formula Grants program.⁷ Although the awards go to the designated agency, the JJDP Act requires that two-thirds of all Formula Grant funds be passed through to units of general local government, local private agencies, and Indian tribes that perform law enforcement functions.

To participate in the Formula Grants program, a state must address 25 state planning requirements set forth in the JJDP Act and comply with 4 core protections for juveniles involved in the justice system:

• Deinstitutionalizing status offenders and nonoffenders (DSO).
  
  
• Separating adult and juvenile offenders in secure institutions (separation).
  
  
• Eliminating the practice of detaining or confining juveniles in adult jails and lockups (jail and lockup removal).
  
  
• Addressing the disproportionate confinement of minority juveniles in secure juvenile justice system facilities and in jails and lockups where such overrepresentation exists (DMC).

With OJJDP's leadership, states continue to make significant progress in achieving or maintaining compliance with these core protections. The majority of the 54 participants in the Formula Grants program are now in full compliance (or in full compliance with de minimis exceptions) with the first 3 requirements and are making satisfactory progress in meeting the DMC requirement, which was added as a core protection in 1992. Most states have completed the initial identification and assessment phases for the DMC provision and are implementing the intervention and/or monitoring phases. Four territories have completed the identification phase and found that no DMC problem exists. Because of the homogeneity of Puerto Rico's population, the U.S. Bureau of the Census has exempted the territory from reporting racial statistics; therefore, Puerto Rico is exempt from the DMC requirement. For more detailed information on individual states' compliance with the core protections of the JJDP Act, see the tables in this chapter . OJJDP's efforts to help states and communities address DMC are described earlier in this chapter.

State Compliance Based on FY 2002 Formula Grants Program Comprehensive Plan: Disproportionate Minority Confinement (DMC), Sec. 223(a)(23) [table]

Juvenile Accountability Incentive Block Grants Program

OJJDP's Juvenile Accountability Incentive Block Grants (JAIBG) program strengthens the juvenile justice system by encouraging states and local jurisdictions to implement accountability-based reforms.⁸ Under the program, OJJDP awards block grants to states, which in turn distribute funds to local jurisdictions. JAIBG also supports program-related research, demonstration, evaluation, training, and technical assistance activities.

During FY 2002, 56 eligible jurisdictions (including all 50 states, territories, and the District of Columbia) received JAIBG awards totaling $215 million. The awards can be used to fund programs in 12 purpose areas, including construction of juvenile detention and corrections facilities; development of accountability-based sanctions programs; hiring of prosecutors, public defenders, judges, and probation officers to address drug, gang, and youth violence; and establishment and maintenance of interagency information-sharing programs to promote more informed decisionmaking in the control, supervision, and treatment of juvenile offenders.⁹

To help states and local jurisdictions implement JAIBG programs, OJJDP provides training and technical assistance through a grant to the OJJDP National Training and Technical Assistance Center and 11 other training and technical assistance providers. Since the program's inception, OJJDP, via its various grantees, has responded to more than 5,000 technical assistance requests. Training events, workshops, presentations, and videoconferences have been provided to juvenile justice practitioners, including juvenile justice specialists, judges, probation officers, law enforcement officers, court and school personnel, prosecutors, and detention staff. During FY 2002, the training program featured five topical training sessions (held in different regions of the nation) for state and local JAIBG grantees and several Web-based training sessions. By directly training state and local practitioners on best practices in juvenile accountability and graduated sanctions, OJJDP helps state and local governments improve their juvenile justice systems' capacity to enhance accountability. Additionally, OJJDP and OJP's Bureau of Justice Statistics established the JAIBG Technical Support Center to help states calculate the amount of JAIBG funds to be allocated to local jurisdictions.

To provide practitioners with information about JAIBG, OJJDP has published a series of JAIBG Best Practices Bulletins, which present up-to-date information about specific JAIBG program purpose areas. The Best Practices Bulletin Juvenile Gun Courts: Promoting Accountability and Providing Treatment was released during FY 2002. This Bulletin describes the development of juvenile gun courts, which are targeted interventions for youth charged with gun offenses. Gun courts feature small caseloads, frequent hearings, immediate sanctions, family involvement, and treatment services. The final Bulletin in the JAIBG Best Practices series, Best Practices in Juvenile Accountability: Overview, was published in April 2003.

In FY 1999, Abt Associates, Inc., of Cambridge, MA, began a 48-month national evaluation of the JAIBG program that focused on its administration, including how grants are used by state and local recipients and what types of programs are funded. The study also documented state and local programs' access to and use of training and technical assistance, practitioners' and policymakers' attitudes toward the JAIBG program, and states' responses to the JAIBG purpose areas. In addition, evaluators conducted a mail survey of state and local practitioners and policymakers to assess their attitudes about the JAIBG program and their perceptions of how it was implemented in their jurisdictions. The national evaluation has been completed and the final report is available on the OJJDP Web site's JAIBG section.

National Training and Technical Assistance Center

Juvenile justice practitioners face enormous challenges in their efforts to change existing delinquency prevention and intervention practices in ways that will improve outcomes. Recognizing that effective training and technical assistance (T&TA) can boost such efforts, OJJDP established the National Training and Technical Assistance Center (NTTAC) in 1995. Specifically, NTTAC was established to increase responsiveness to consumer needs, promote the use of best practices when providing T&TA, and assist in the overall enhancement of OJJDP's delivery of T&TA services. Operated by Caliber Associates of Fairfax, VA, the center coordinates the services of more than 70 OJJDP T&TA providers. The center also identifies and assesses T&TA resources in the field, collects and provides access to the best available T&TA materials, develops new T&TA materials, and disseminates model T&TA protocols and guides.

During FY 2002, NTTAC began providing T&TA to grantees of OJP's Serious and Violent Offender Reentry Initiative. In collaboration with the federal partners participating in the Reentry Initiative, NTTAC convened a meeting in Washington, DC, for grantees. The theme of the 3-day meeting was "From Policy to Practice: Keys to Opening the Doors to Reentry." Some 600 state and local decisionmakers and federal agency representatives attended the meeting and participated in events designed to strengthen grantees' efforts to develop effective reentry programs.

During FY 2003, NTTAC plans to update and disseminate the OJJDP Training and Technical Assistance Resource Catalog, which provides contact information and descriptions of the organizations funded by OJJDP to provide T&TA. The center also will help state juvenile corrections training academies facilitate revisions and updates of basic job descriptions and will serve as a repository of training materials developed by these academies.

State Challenge Activities

OJJDP's State Challenge Activities Program was established by the 1992 reauthorization of the JJDP Act of 1974. This program provides incentives for the states participating in the Formula Grants program to improve their juvenile justice systems by developing, adopting, or improving policies and programs in 1 or more of 10 specific State Challenge activities. Only states participating in the Formula Grants program are eligible to receive State Challenge grants.

During FY 2002, OJJDP awarded nearly $8.8 million in State Challenge grants to 48 states, the District of Columbia, and 5 territories. The State Challenge activities most often addressed during FY 2002 were aftercare—or reentry—services (24 states), gender bias policies and programs (22 states), basic system services and alternatives to suspension and expulsion (19 states each), and community-based alternatives (18 states). Activities least often addressed by states were violent juvenile offender facilities (no states), state agency coordination/case review system (2 states), state ombudsman and access to counsel (3 states each), and deinstitutionalization of status offenders and nonoffenders (6 states). State-by-state details of State Challenge activities are presented in a table and a chart in this chapter.

FY 2002 Challenge Activity Summary

Since the State Challenge program began in 1992, states have used program funds to bring about far-reaching systemic changes in their juvenile justice systems. These changes have generated many publications and other useful products that help jurisdictions across the nation improve their juvenile justice systems. To further help states implement systems change, OJJDP is developing an online Juvenile Justice Practices Series of Bulletins. The online series, which will begin with the 10 State Challenge activity areas, will be a useful resource for juvenile justice practitioners, regardless of their funding source. The Bulletins will summarize the latest research, describe existing best practices that have been demonstrated as effective or promising, highlight common characteristics of these practices, and identify useful tools. Publication of these online Bulletins will be announced in OJJDP's bimonthly newsletter, OJJDP News @ a Glance, and on the Office's Web site.

Targeted Community Action Planning

OJJDP's TCAP initiative is a new program that will help communities identify and respond to their most critical juvenile justice and delinquency prevention needs. Since 1995, OJJDP, in partnership with states, has provided long-term training and technical assistance to help communities across the nation develop local comprehensive strategic planning efforts. Building on the lessons learned from this experience, OJJDP developed the TCAP program, which stresses the importance of a strategy that focuses on results, not process. The initiative uses a four-phase approach—diagnostic assessment, interviews of key community leaders, summit meeting of key leaders, and development and implementation of a targeted response. OJJDP began pilot testing the TCAP initiative in Washington, DC, in October 2002. During FY 2003, the Office will select additional communities for pilot tests. To be eligible to participate, communities must have the following characteristics:

• An identified high rate of juvenile crime and delinquency.
  
  
• A community population of no more than 250,000. (In larger cities, the community population may be defined as that of a specific quadrant or zip code area.)
  
  
• An existing local decisionmaking component or community champion who can convene key community leaders.

OJJDP developed and released a solicitation in FY 2002 seeking an organization to provide intensive training and technical assistance to help the communities selected as TCAP pilot sites develop and deliver a targeted response to their most pressing juvenile justice issues. The assistance will be community based, results oriented, and the product of best practices and promising programs. Development Services Group, Inc., of Bethesda, MD, was competitively selected to provide the technical assistance for this project.

OJJDP has launched a TCAP page on its Web site. The page provides comprehensive information on the initiative and offers links to a wealth of related resources. It explains the initiative's background, key elements, and activities; describes community eligibility requirements for receiving TCAP technical assistance; and provides links to organizations, agencies, and publications that can help communities address needs related to prevention, intervention, immediate sanctions, corrections, and reentry. During FY 2003, OJJDP will continue to enhance on