Appendix A - JJDP Act Core Requirements

APPENDIX A
JJDP ACT CORE REQUIREMENTS

Juvenile Justice and Delinquency Prevention Act
Core Requirements

1. Deinstitutionalization of Status Offenders

No minor accused of a status offense (an act that would not be criminal if committed by an adult) may be securely detained in a jail, lockup or juvenile detention center. Examples of status offenses are truancy, running away, curfew violations, underage drinking and being ungovernable. This requirement also extends to non-offenders, children who fall under the Juvenile Court Act who are abused, neglected and/or dependent.

2. Separation of Juveniles from Adult Offenders

Juveniles alleged to be or found to be delinquent, status offenders, and non-offenders shall not have contact with adult persons who are incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges. The separation of juveniles from adults must be both by sight and sound.

3. Removal of Juveniles from Adult Jail and Lockups

Juveniles accused of committing acts which would be not be criminal for adults are not to be securely detained in jails or lockups. A rule of reason is applied, allowing alleged delinquents to be detained for up to six hours for the purpose of investigation and identification. The clock starts the moment a juvenile is placed into a locked setting. This includes any locked room, or when a juvenile is handcuffed to a stationary object. At the end of the six hours the juvenile must be released or transferred to a juvenile detention center.

4. Disproportionate Minority Contact (DMC)

A core requirement of the Juvenile Justice and Delinquency Prevention Act (JJDPA) directs States to address the disproportionality with which minority youth are coming into contact with the juvenile justice system at all nine decision points in the system. It is the expectation of the Department and the Commission that gender, race or ethnicity will play any role in the decision to make services available to youth. In addition, this grant will require that, among other elements, the gender, race, ethnicity and age of each youth served will be tracked.