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Articles tagged with: Federal Funding

Governors Must Certify PREA Compliance or Face Fiscal Penalties by May 2014

Carmen Daugherty Thursday, 13 February 2014 Posted in 2014, Uncategorised

On February 11th, the U.S. Department of Justice (DOJ) issued a letter to state governors reminding them of their obligations under the Prison Rape Elimination Act (PREA) and setting a strict deadline for governor certification of compliance. Per the PREA standards, states risk losing valuable federal dollars--such as the Bureau of Justice Assistance's Edward Byrne Memorial Justice Assistance Grant Formula Program and the Office of Juvenile Justice and Delinquency Prevention's (OJJDP) Act Formula Grant Program--if unable to provide DOJ with certification of compliance or assurance that money will be used to come into compliance.  

A governor's certification of full compliance, "shall apply to all facilities in the State under the operational control of the State's executive branch, including facilities operated by private entities on behalf of the State's executive branch." 28 C.F.R. § 115.501(b). By May 15th 2014, governors must provide DOJ with such a certification or provide DOJ with an assurance that the state will use no less than 5% of its federal grant dollars to come into the compliance "in the future."
 
While we applaud DOJ for setting a certification date, we wonder how many states will actually be able to certify compliance by May 2014. Although the PREA standards have been in effect since August 2012, it is unclear what progress has been made in the states since audits began in August 2013. We also wonder how long state governors can promise to use federal dollars to come into compliance without actually taking any substantive steps to keep corrections facility residents safe.
 
Considering that nearly 100,000 youth are held in adult jails and prisons each year, how long can we wait for full implementation of the Youthful Inmate Standard? Or are we to be satisfied to receive "assurances" from the state that "we're working on it" only to find ourselves back in the same spot we were in 10 years ago when PREA became the law of the land? 
 
As May 15, 2014 draws near, helps us encourage states to come into compliance by signing this petition urging your Governor to take action now.
 
 
 

 

 

JJDPA Matters

Monday, 09 September 2013 Posted in 2013, Research & Policy

 

 
 


By Jill Ward

 

“It is therefore the further declared policy of Congress to provide the necessary resources, leadership, and coordination (1) to develop and implement effective methods of preventing and reducing juvenile delinquency; (2) to develop and conduct effective programs to prevent delinquency, to divert juveniles from the traditional juvenile justice system and to provide critically needed alternatives to institutionalization; (3) to improve the quality of juvenile justice in the United States; and (4) to increase the capacity of State and local governments and public and private agencies to conduct effective juvenile justice and delinquency prevention and rehabilitation programs and to provide research, evaluation, and training services in the field of juvenile delinquency prevention.” - PUBLIC LAW 93-415-SEPT. 7, 1974

This, in part, is the originally stated purpose of the landmark federal Juvenile Justice and Delinquency Prevention Act (JJDPA) signed into law by President Gerald Ford on September 7, 1974.  Thirty-nine years later, that purpose still rings true.

Back then, leaders in the juvenile and criminal justice field recognized the need for national leadership to address the all too common practice of jailing children with adults, the overuse of incarceration to respond to non-violent and status offenses, and the lack of alternatives to appropriately meet the needs of young people in ways that helped them and strengthened the community.  Congress stepped up and passed this bi-partisan law to provide policy direction and support for states. 

Most recently reauthorized in 2002, the JJDPA embodies a partnership between the federal government and the U.S. states, territories and the District of Columbia to protect children and youth in the juvenile and criminal justice system, to effectively address high-risk and delinquent behavior and to improve community safety.  It is the only federal law that sets out national standards for the custody and care of youth in the juvenile justice system, provides direction and support for state juvenile justice system improvements, and supports programs and practices that have significantly contributed to the reduction of juvenile crime and delinquency.

At the heart of the Act are four core protections that states must adhere to in order to receive federal support for their state system.  These protections help ensure the health and well-being of youth:

•    Deinstitutionalization of Status Offenders (DSO) keeps status offenders, such as runaways and truants, out of secure facilities;
•    Adult Jail and Lockup removal (Jail Removal) prevents youth from being placed in adults jails and lock-ups (with limited exceptions);
•    Sight and Sound Separation provides that when youth are held with adults (as occurs in limited instances) they be separated by both sight and sound from adult offenders;
•    Disproportionate Minority Contact (DMC) requires that states address the disproportionate contact of youth of color at key contact points in the juvenile justice system – from arrest to detention to confinement.

By most all accounts, the law has been a success.  The JJDPA has created a national floor that incentivizes states to embrace these core principles.  The federal dollars that flow through the law also help fund both evidence-based programs and promising new innovations and are critical in leveraging other state and local funding to improve state justice systems and reduce recidivism.  Without a strong federal law that is sufficiently resourced, we risk losing a major tool to help sustain current protections for youth and to advance additional reform. 

Unfortunately, federal funding has been repeatedly cut over the last decade.  Federal dollars available to support implementation of the JJDPA and other state and local reforms has steadily declined by 83 percent from 1999 to 2010.   And, the recent budget sequestration has further diminished federal investment in states to develop and implement state and local prevention and early intervention efforts that keep kids on the right track and contribute to the prevention and reduction of youth crime and violence.

Ensuring that the JJDPA does not continue to suffer drastic cuts or is not completely defunded is particularly critical to states’ compliance with the jail removal and separation core protections.  Although funding has diminished drastically since 2000, the limited funding states continue to receive through Title II of the JJDPA has helped the majority of states comply with the core protections.  Loss of JJDPA funds would be a huge step backward as many states would have little incentive or ability to comply with these protections, further undercutting policies to keep youth out of adult jails and prisons and other de-incarceration efforts.

Federally supported juvenile justice programs also enable communities to provide critical treatment and rehabilitative services, in safe conditions, that are tailored to the needs of youth and their families; protects public safety; and holds youth accountable.  Continued federal cuts will threaten these efforts to keep youth and families safe, and keep juvenile crime rates down.

The 39th birthday of this landmark law is the right time to highlight how far we’ve come and to make sure the purpose laid out nearly 40 years ago this month continues to be advanced and supported by Congress.  

In recognition of the passage of the JJDPA, advocates are making September 10 a National Day of Action to call on Congress to invest in the JJDPA and related juvenile justice programs.



Tell Congress we must continue to invest in the policies and programs that work for all our young people.   Tell them JJDPA matters.

This is part of the ACT4JJ Campaign's JJDPA Matters Blog Project, a 16-week series that launched Sept. 10, 2013. You can find the full series at the JJDPA Matters Action Center, click here.



Invest in Youth Justice Day

Tuesday, 09 July 2013 Posted in 2013, Federal Update


Today is Invest in Youth Justice Day! Time to tell Senate and House Appropriators to protect juvenile justice funding.

The Senate and the House Appropriations Committees will begin consideration of their respective versions of the Commerce-Justice-Science (CJS) appropriations bill in the next few weeks. The CJS appropriations bill provides federal funding to support state juvenile justice systems and reforms.

This funding is critical to implementing policies and practices that keep youth out of the justice system and help states decrease the number of youth incarcerated. We must protect it!

Juvenile justice dollars are at risk for FY14 and we must act now to preserve these important funding streams.

Act4JJ is asking all allies to participate in Invest in Youth Justice Day today to promote safe communities and improve outcomes for youth!    

What You Can Do Today:

  1. Sign the petition to protect funding for juvenile justice programs.
  2. Share this action alert with your Facebook and Twitter networks by clicking on the facebook and twitter links below.

Let’s make sure week keep our communities safe for our children tomorrow by investing in them today.

Investing Smarter: Why We Cannot Afford to Shortchange Juvenile Justice

Thursday, 27 June 2013 Posted in 2013, Federal Update

By Leah Robertson

The Juvenile Justice and Delinquency Prevention Act (JJDPA) provides funds to states that follow a series of federal protections, commonly known as the “core protections,” to address the care and treatment of youth in the justice system.  It is a modest, targeted investment that not only helps children but also saves money.  Unfortunately, funding for this law has drastically declined over the last decade and continues to be threatened by spending cuts.

 

This is why a wide array of organizations have been sending letters three days a week for the last eight weeks as part of a Letter-A-Day campaign to urge Senate and House Appropriations Committees to maintain funding for key JJDPA and and related juvenile justice programs.  More than XX letters have been sent so far, and other organizations will continue to send their letters throughout the summer. The diversity and number of organizations dedicated to advocating for this funding demonstrates just how far these monies go and their importance to so many communities.

What do these critical federal dollars support?  The funding being advocated for helps states  protect children at risk of unnecessary damage by the justice system, and save money by reducing crime and keeping youth from entering the far more costly justice system. The value added by investing in our youth for tomorrow is far greater than the price tag today. Meanwhile, the cost of inaction is high. According to a Vera Institute study of 4/5 of states’, taxpayers gave $39 billion to corrections in FY2010, and that number continues to climb nonsensically every year. By supporting a modest federal investment through programs like those supported by the JJPDA monies, we will save money both now by reducing the cost of corrections and in the future by reducing incarceration rates.

Diverting children with little risk of future delinquent behavior to community-based programs where they can participate with their peers in positive behavioral model is right and makes sense. We commend all of the groups that have taken action and those that will take action in the coming weeks to maintain this funding and invest in a smarter and brighter tomorrow.

If you are affiliated with an organization interested in participating in the Letter-A-Day campaign, please contact me at This email address is being protected from spambots. You need JavaScript enabled to view it..

If you are an individual who would like to get involved, please sign the House and Senate petitions and share these with your family and friends.

We will continue to update you on this critical effort.