Compliance Monitoring - A Brief History
The Juvenile Justice and Delinquency Prevention Act of 1974
For over forty five years, the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) has provided a framework to enhance and improve the effectiveness of the juvenile justice system in the United States. First passed in 1974, the JJDPA authorizes Congress to award federal funds to states to support communities in their efforts to develop and implement effective and coordinated prevention and intervention programs and to improve the juvenile justice system so that it protects the public, holds youthful offenders accountable, and provides treatment and rehabilitative services to best meet the needs of juveniles and their families.
The U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP), provides oversight of the JJDP Act grant programs. The Department of Public Safety (DPS) and the Missouri Juvenile Justice Advisory Group (JJAG), are responsible for the development and implementation of a comprehensive Juvenile Justice and Delinquency Prevention Three-Year Plan directing federal funds to enhance the juvenile justice system and services for youth in Missouri.
As a Title II recipient, Missouri must develop, maintain, and implement strategies for achieving and maintaining compliance with the four core requirements of the JJDP Act. These are:
- Deinstitutionalization of Status Offenders (DSO) – youth who commit acts that would not be considered criminal if committed by an adult (status offenders), may not be placed in secure juvenile detention or correctional facilities or held securely in adult law enforcement facilities;
- Sight and Sound Separation (Separation) – In-custody youth may not have contact with adult inmates while in secure facilities;
- Jail Removal – Subject to certain exceptions youth may not be detained in adult jails and lockups; and
- Racial and Ethnic Disparities (R/ED) – States must implement policy, practice, and system improvement strategies to identify and reduce racial and ethnic disparities among youth who come into contact with the juvenile justice system. This requirement was formerly known as Disproportionate Minority Contact (DMC).
Compliance is determined by comparing the statewide rate of non-compliant incidents to annually adjusted compliance standards for each requirement as determined by OJJDP. States whose rate(s) exceed the national standards are found to be out of compliance. Failure to maintain compliance with any of these requirements will result in a loss of 20% of federal funds for each core requirement not met. Half of the remaining grant funds must then be used to return the State to full compliance.
Recent Changes Impacting States
Effective October 1, 2017, the Office of Juvenile Justice and Delinquency Prevention (OJJDP) implemented a new federal regulation. Within that regulation significant changes were made to locations where juveniles could be "Detained or Confined" within adult jails and adult lockups.
On December 21, 2018, the JJDP Act was reauthorized as the Juvenile Justice Reauthorization Act (JJRA) of 2018. The JJRA reaffirmed Congress’ support for juvenile rights and strengthened the four core requirements. The JJRA takes into account what is now known about cognitive brain development in youth and places a strong emphasis on the use of a continuum of evidence-based or promising programs (including delinquency prevention, intervention, mental health, behavioral health and substance abuse treatment, family services, and services for children exposed to violence) that are trauma informed, reflect the science of adolescent development, and are designed to meet the needs of at-risk youth and youth who come into contact with the justice system.