Brown Undergraduate Law Review — Vol. 2 No. 2 (Spring 2021)

The Failure of the Treatment of Low-Level Offenders in the Juvenile Justice System
standardized discipline measures, police presence in
schools increased, along with referrals to juvenile courts. 31
Many of these policies first took hold in large
minority-concentrated urban districts. As more young men
However, for the states that allow incarceration on the
valid court order (VCO) exception, the incarceration rates
are greatly disproportionate for youth of color. 37 The VCO
exception specifically circumvents the intent of the JJDPA,
of color were shepherded into the to end the incarceration of status offenders, and has led to
school-to-prison-pipeline, status offenses also criminalized
anti-feminine behavior in women, such as promiscuity and
alcohol consumption. 32
As a result of centralized discipline policies, status
offenders and low-level offenders began to crowd the
juvenile justice system, paving the way for the federal
Juvenile Justice and Detention Prevention Act (JJDPA) of
1974. This law conditions federal grant money on the
removal of detention sentences for status offenses. 33 In
contrast to the law's intention, the JJDPA does not
eliminate the detention of status offenders. The law allows
for judges to use ?valid court orders? or mandatory
conditions to students who plead guilty to a status
the incarceration of over 7,000 status offenders annually.
In 2014, 27 states continued to use this exception, with
Utah using the VCO exception to incarcerate more than
2,000 juveniles in one year. 38
The Department of Justice Office of Juvenile Justice and
Delinquency Prevention along with the National Council
of Family and Juvenile Court Judges supported the repeal
of the VCO exception for decades, based on the abundance
of evidence that incarceration worsens outcomes for status
offenders in school completion, mental health, and future
job prospects. Incarceration is also costly, with secure
detention costing on average $149,000 for one child per
year. 39
offense. 34 These conditions can include school attendance,
It was not until 2018 that the JJDPA was reauthorized with
curfew, substance abuse treatment, and any other measures
stricter requirements for incarceration. The 2018
the court deems fit. 35 Valid court orders are enforced with
reauthorization, co-sponsored by Senator Chuck Grassely
the threat of incarceration for failure to comply. Most
(R-IA) and Senator Sheldon Whitehouse (D-RI), caps the
states lack a statutory definition for valid court orders, and
incarceration of status offenders at seven consecutive days,
many states do not allow judges to use valid court orders.
even with a valid court order. 40 The law also recognizes the
These states follow the intentions of the JJDPA, and have
disproportionate number of youth of color in the juvenile
deemed that the distinction between status offenders and
justice system and strengthens protections for girls,
delinquents must be upheld. 36
31. Ibid.
32. Morris et. al.
33. Ibid., 115.
34. Juvenile Justice and Detention Prevention Act, Pub. L. No. 93-415, 42 U.S.C. § 5601 et seq., (1974).
35. ?Use of the Valid Court Order,? SOS Project, Coalition for Juvenile Justice, November 21, 2020,
https://www.juvjustice.org/our-work/safety-opportunity-and-success-project/issue-areas/vco.
36. Gibbs, 126.
37. Sawyer.
38. ?Use of the Valid Court Order.?
39. Jeffrey A. Butts and Douglas N. Evans, ?Resolution, Reinvestment and Realignment: Three Strategies for Changing Juvenile Justice,? John Jay
College of Criminal Justice, City University of New York, (2011).
40. Juvenile Justice and Detention Prevention Act, Pub. L. No. 93-415, 42 U.S.C. § 5601 et seq.
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