FWSN-advisorybd-repo.. - The Connecticut Juvenile Justice Alliance

Appendix III
Summary of Federal and State Law
The Juvenile Justice and Delinquency Prevention (JJDP) Act was passed by Congress in
1974. Since its passage, the Act has changed the way states and communities deal with
children who commit status offenses. The original goals of the Act which created the
Office of Juvenile Justice and Delinquency Prevention (OJJDP) were twofold: to help
state and local governments to prevent and control juvenile delinquency and to improve
the juvenile justice system. The Act emphasized protection of children in the juvenile
justice system from inappropriate placements that could cause harm due to exposure to
adult inmates and the need for community-based treatment. States that received funding
under the Act were required to comply with its provisions. As a result, there were
significant fiscal implications for states that failed to fulfill the requirements of the
federal law.
The 1974 JJDP Act addressed the deinstitutionalization of status offenders. Status
offenses 70 similar to those defined under Connecticut’s law are defined as:
• Incorrigible, ungovernable – Being beyond the control of parents, guardians or
custodians;
• Running away – Leaving the custody and home of parents guardians without
permission or good cause and failing to return within a reasonable length of time;
• Truancy – Violation of a compulsory school attendance law;
The JJDP Act required that within three years of the passage of the Act, states must not
place status offenders in juvenile detention or correctional facilities. Instead, as in the
past, they had to be placed in “shelter” facilities. In 1977, Congress amended the JJDP
Act to remove the requirement that status offenders be placed only in shelter facilities,
allowing state and local governments more discretion in placing these children.
In 1980, the JJDP Act was again amended. It required that all status offenders be
removed from “secure” detention and correctional facilities. Such offenders cannot be
detained in adult jails or lockups and they may only be detained or confined in secure
juvenile facilities if they violate a valid court order.
Congress reauthorized the JJDP Act in 2002. The reauthorization reaffirms the
deinstitutionalization of status offenders. The 2002 JJDP Act states:
“Juveniles who are charged with or have committed an offense that would not be criminal
if committed by an adult shall not be placed in secure detention or secure correctional
facilities.”
70 Definition of Status Offenses from OJJDP’s Statistical Briefing Book (see
http://ojjdp.ncjrs.org/ojstatbb/glossary.html
85