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Advocates Gather to Discuss the History and Importance of Landmark JJDPA Legislation

Posted in 2013, Federal Update Friday, 18 October 2013

 

By Jill Ward

Yesterday, advocates from the National Juvenile Justice and Delinquency Prevention Coalition and related ACT4JJ Campaigngathered to learn more about the history of the landmark federal Juvenile Justice and Delinquency Prevention Act (JJDPA) and why it is still important today.

Mark Soler
The day opened with Mark Soler from the Center for Children’s Law and Policy talking about the estimated 500,000 children that were being held in adult jails across the country in the early 1970s.  A majority of these children were either status offenders who were being picked up for non-criminal offenses like truancy, breaking curfew, and running away from home, or youth detained for very minor, non-violent offenses. 

Take the story of a 15-year-old girl who was held in an upstairs cell in a county jail who hanged herself; or the story of a 17-year-old boy who was held in adult prison for not paying $73 in traffic tickets and was beaten over a 14-hour period and finally murdered by others in the cell; or the story of a 13-year-old boy in Maine who was detained for stealing a dirt bike and was raped in the same cell..  And the list went on.

Understanding that this needed to change, in 1974, as part of the JJDPA, Congress prohibited placing these youth in secure facilities and also called for young people in the juvenile system to have “sight and sound” separation from adults in the criminal justice system.  These protections reflected increasing tragedies involving young people being held in adult jails and with adult inmates. In 1980, Congress added a further protection calling for youth in the juvenile justice system to be removed entirely from adult jails and lock-ups with very limited exceptions.

While judges in many states are effectively and proactively addressing the needs of these youth without resorting to detention, too many young people are still unnecessarily finding their way into the juvenile justice system.

 

Liz Ryan, Marc Schindler, and Jill Ward   
Through a reauthorization of the JJDPA, Congress can strengthen the core protections by eliminating the Valid Court Order (VCO) exception, that has allowed status offenders to continue to be locked up for their second and subsequent offenses, to keep all status offenders out of jails and other secure facilities and direct them toward community-based alternatives.  A reauthorization can also further strengthen the sight and sound and removal protections to ensure that no young person under age 18 is held in adult facilities or has contact with adult inmates. 

We also heard from former Office of Juvenile Justice and Delinquency Prevention (OJJDP) Administrator, John Wilson, who talked about how the agency evolved and worked to implement the JJDPA.  Attendees heard about the strong partnership between Congress and the Administration that existed in the 1970s and into the 1980s to enact the law and work on subsequent reauthorizations. 

Over lunch Bobby Vassar, former House Judiciary Committee Counsel, talked about attempts in the 1990s to amend the law to further criminalize youth and roll back JJDPA core protections for children and how those efforts were defeated.
The day ended with a discussion about the important role of the NJJDP Coalition and advocates across the country to continue to educate the public and key policymakers about how the law has helped protect children involved in the juvenile and criminal justice systems and supported state efforts to prevent youth crime and reduce recidivism.  What was clear from the day is that the JJDPA remains a critical tool to incentivize states to keep system-involved youth safe and help them more appropriately meet the needs of youth in crisis.

Currently, the JJDPA is more than 5 years overdue for reauthorization and funding levels continue to decline.  We can’t afford to turn the clock back on the advances made by the JJDPA.  Youth Justice Awareness Month (YJAM) is the perfect time to let your federal leaders know that the JJDPA matters and deserves their support.

Please visit the JJDPA Matters Action Center to contact your Senators and Representative and let them know the JJDPA matters to you!

To learn more about the JJDPA and the campaign to reauthorize and fund the law go to:  http://www.act4jj.org/

 

 

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