Reauthorize and Strengthen the Juvenile Justice and Delinquency Prevention Act

July 18th, 2008

The Senate Judiciary Committee will consider S. 3155, the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008, for markup in the coming days. This legislation will reauthorize the Juvenile Justice Delinquency and Prevention Act (JJDPA), which has provided states and localities with federal standards and supports for improving juvenile justice and delinquency prevention practices, and has contributed to safeguards for youth, families and communities since its inception in 1974.

We strongly support S. 3155 for the following reasons:

  • The bill adds critical additions to the JJPDA to keep youth out of adult jails and prisons. Youth placed in adult jails with adults are at risk of physical and sexual assault. According to the U.S. Department of Justice’s Bureau of Justice Statistics (BJS), 21% and 13% of all substantiated victims of inmate-on-inmate sexual violence in jails in 2005 and 2006 respectively, were youth under the age of 18, though only 1% of inmates are juveniles.
  • It strengthens provisions to reduce racial and ethnic disparities in the juvenile justice system. This is a critical change because at every level of the juvenile justice system, youth of color are disproportionately represented. This overrepresentation is evidenced at many stages of the juvenile justice system process.
  • It focuses on conditions of confinement in juvenile facilities, and assists States in their capacity to comply with the federal law. S. 3155 requires States to collect data regarding restraints and isolation and to adopt policies and procedures to eliminate the use of dangerous practices in juvenile detention and correctional facilities, such as hog-tying, use of pepper spray, and any forms of sexual abuse. It also ensures that States will receive technical assistance to comply with the law, and for States not in compliance, JJDPA funds that would otherwise have been withheld can be used by the States as improvement grants to regain compliance in that specific area.

We also support two proposed amendments to the bill:

  • Senator Cardin’s amendment proposing fully eliminating the lock up of status offenders
  • Senator Whitehouse’s amendment expanding the bill’s mental health provisions

For more information on the bill and to find ways to support it, please visit

http://www.act4jj.org
or
http://www.campaign4youthjustice.org


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By Campaign for Youth Justice Media Director Eric Solomon