Title II of the Juvenile Justice and Delinquency Prevention Program (JJDP) is a federal formula grant program implemented by the Juvenile Justice and Delinquency Prevention Act as amended by the Juvenile Justice Reform Act. The purpose of the Act is to strengthen accountability, rehabilitation, and prevention of juveniles either at risk or already in the system. The Act imposed by Congress, also requires the state’s commitment to achieve and maintain compliance with the following four core requirements to receives funds:
- Deinstitutionalization of Status Offenders (DSO) – No status offender (a juvenile who has committed an act that would not be a crime if an adult committed it) or non offender (such as a dependent or neglected child) shall be held, with statutory exceptions, in secure placement, such as juvenile detention centers or correctional facilities, nor adult jails and lockups, for any length of time.
- Sight and sound separation – In the very few instances that alleged and adjudicated juvenile delinquents are held in adult jails and lockups or secure correctional facility, only for administrative purposes or for finding appropriate juvenile placements, they shall not be within sight and sound of adult inmates.
- Jail Removal – Juveniles (individuals who may be subject to the original jurisdiction of a juvenile court based on age and offense limitations established by state law) shall not be securely detained or confined in adult jails and lockups. The exception would be for the very few instances for administrative purposes or for finding appropriate juvenile placements and would then include the sight and sound separation requirement.
- Racial and Ethnic Disparities (RED) – Requires the state to address juvenile delinquency and system improvement efforts designed to reduce the disproportionate number of minority juveniles who come into contact with the juvenile justice system.
Funding is to support programs related to delinquency prevention and reduction, juvenile justice system improvement, research, evaluation, statistical analysis and training and technical assistance. The Office of Juvenile Justice and Delinquency Prevention (OJJDP) developed 31 federal standard program areas, which can be found at: https://ojjdp.ojp.gov/programs/formula-grant-areas
For a more detailed overview of the Formula Grants Program, see OJJDP’s Formula Grants Webpage: https://ojjdp.ojp.gov/funding.
OJJDP strongly encourages eligible applicants to visit the following websites evidence-based model programs:
- OJJDP’s Model Programs Guide – https://ojjdp.ojp.gov/model-programs-guide/home
- Substance Abuse & Mental Health Services Administration (SAMHSA) – https://www.samhsa.gov/programs
These websites are designed to assist practitioners and communities in implementing evidence-based prevention and intervention programs that can make a difference in the lives of children and communities. The databases of evidence-based programs cover the entire continuum of youth services from prevention through sanctions to reentry. They can be used to assist juvenile justice practitioners, administrators, and researchers to enhance accountability, ensure public safety, and reduce recidivism. The databases are an easy-to-use tool that offers scientifically proven programs across the spectrum of youth services.
- Juveniles Transferred to Adult Court – The Act states, by December 21, 2021, that unless a court finds, after a hearing and in writing, that it is in the interest of justice, juveniles awaiting trial or other legal process who are treated as adults for purposes of prosecution in criminal court and housed in a secure facility –
- Shall not have sight and sound contact with adult inmates; and
- May not be held in any jail or lock up for adults.
In determining whether it is the interest of justice to permit a juvenile to be held in any jail or lockup for adults, or have sight and sound contact with adult inmates, a court shall consider –
- The age of the juvenile;
- The physical and mental maturity of the juvenile;
- The present mental state of the juvenile, including whether the juvenile presents imminent risk of harm to the juvenile;
- The nature and circumstances of the alleged offense;
- The juvenile’s history of prior of delinquent acts;
- The relative ability of the available adult and juvenile detention facilities to not only meet the specific needs of the juvenile but also to protect the safety of the public as well as other detained youth; and
- Any other relevant factor.
If a court determines that it is in the interest of justice to permit a juvenile to be held in any jail or lockup for adults –
- The court shall hold a hearing not less frequently than once every 30 days, or in the case of a rural jurisdiction, not less frequently than once every 45 days, to review whether it is still in the interest of justice to permit the juvenile to be so held or have such sight and sound contact; and
- The juvenile shall not be held in any jail or lockup for adults or permitted to have sight or sound contact with adult inmates, for more than 180 days, unless the court, in writing determines there is good cause for an extension or the juvenile expressly waives this limitation.
JJDP Program Manager/ Compliance Monitor
LA Commission on Law Enforcement
P.O. Box 3133
Baton Rouge, LA 70821