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NCJRS Abstract

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NCJ Number: 126813 Find in a Library
Title: Status of Court-Ordered Detention of Juvenile Status Offenders
Author(s): J M Blume
Date Published: Unknown
Page Count: 20
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Type: Legislation/Policy Analysis
Language: English
Country: United States of America
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.
Main Term(s): Juvenile status offenders
Index Term(s): Juvenile detention; Juvenile due process; Juvenile Justice and Delinquency Prevention Act; State juvenile justice systems
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