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Status of Court-Ordered Detention of Juvenile Status Offenders

NCJ Number
126813
Author(s)
J M Blume
Date Published
Unknown
Length
20 pages
Annotation
The Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) established the Federal policy that juvenile status offenders should not be held in secure detention or correctional facilities and established the Office of Juvenile Justice and Delinquency Prevention (OJJDP) to implement the act.
Abstract
The JJDPA established goals to divert juveniles from the traditional juvenile justice system and to improve the quality of juvenile justice. The act, however, does not supersede State law; it provides policy guidance and monetary assistance to meet Congressional goals. In practice, the OJJDP policy allows for a grace period of 24 hours where accused status offenders may be held on short-term secure custody for investigative purposes or to allow return to the juvenile's parents. Detention for longer than 24 hours violates the Deinstitutionalization of Status Offenders mandate. The OJJDP administers a formula grant program to help participating States improve their juvenile justice systems. In fiscal year 1990, the OJJDP distributed about $48 million in grants. A 1980 amendment to the JJDPA allows juvenile judges to detain status offenders in secure facilities when juveniles fail to follow a judge's court order. Status offenders still have due process rights and must have a hearing before a judge within the 24-hour grace period if detained prior to final case disposition. States participating in the OJJDP formula grant program report they have decreased the number of deinstitutionalization violations since joining the program. State officials have also identified problems in verifying and documenting that juveniles receive procedural protection. Objectives and the methodology of the survey of State juvenile status offender detention are contained in an appendix.