quest 1Juvenile Delinquency
September 2014
A CAMPAIGN OF THE JUVENILE JUSTICE & DELINQUENCY PREVENTION COALITION
www.act4jj.org
FACT SHEET: PROTECTING INCARCERATE D YOUTH
What are the current JJDPA provisions regarding protection of youth in juvenile detention and
correctional facilities?
Currently the J uvenile Justice and Delinquency Prevention Act (JJDPA) does not address abusive
conditions and pr actices in juvenile facilities; this leaves the development and implementation of
guidelines to the states.
Why should the JJDPA be changed to better protect youth in detention and correctional
facilities?
Since 1970, c onfirmed reports of systematic violence, abuse, an d excessive use of isolation and
restraints in detention and correctional facilities across the United States demonstrate the
importance of updating federal law to ensure the safety of children in custody.
Nationwide:
In a nationally representative sample of youth in juvenile facilities conducted by the Bureau of
Justice Statistics, 10 % of incarcerated youth reported that they had been sexually
victimized by staff or other youth in the facilities. 1
Between 65 and 70 % of youth in the juvenile justice system have a diagnosable mental health
disorder 2; yet research wide ly shows that services are i nadequate or unavailable .3 The U.S.
Department of Justice reports that among all youth in confinement nationwide, more than half
are held in facilities that do not conduct mental health assessments for all residents .4
In 2003, the U .S. Department of Justice estimated that one -third of youth in juvenile facilities
report ed being held in isolation as a punishment and that more than half of those children were
held longer than 24 hours. 5
State s:
At a juvenile facility in Georgia over 30% of youth reported sexual abuse by staff or other
youth. 6
In Louisiana, an investigation by the US Department of Justice’s Civil Rights Division found
that staff had repeatedly physically and sexually abused youth in custody and used physical
restraints, chemical agents, and excessive use of isolation for discipline .7
At one Mississippi facility , staff dangerously and routinely shackled youth to metal beds for
discipline, excessively used isolation as punishment, and failed to provide mental health services
to suicidal youth. 8
September 2014
In New Jersey, two boys successfully sued the stat e’s Juvenile Justice Commission in 2013; one
had spent 178 days in solitary confinement at age 16, the other 50 days at age 15. One had a
diagnosed mental health disorder and attempted suicide in confinement. 9
In Ohio , youth confined in state correctional facilities spent 66,023 hours in seclusion in one
month in 2009 — an average of more than 50 hours per resident .10
How should the JJDPA be changed to better protect youth in detention and correctional
facilities?
Pro mo te safe and humane conditions for youth in state and local custody by prohibiting use of
JJDPA funds for practices which cause unreasonable risk of physical injury, pain or
psychological harm to yo uth. These harmful practices include use of pepper spray, dangerous
physical restraint techniques, and excessive solitary confinement.
Provide funding for a research -based continuum of mental health services to address the unmet
needs of incarcerated youth .
Establish incentive grants to encourage states to adopt best practices and standards to eliminate
dangerous pract ices and unnecessary isolation.
Provide funding for training and technical assistance to help juris dictions reduce the
unnecessary use of is olation and restraint and encourage states to use JJD PA funds to develop
independent monitoring bodies and other programs to improve conditions of confinement.
Establish grant programs to provide staff with training on effective behavior management
techniques to respond to dangerous or threating situations.
Prepared by the National PTA www.pta.org and Center for Children’s
Law and Policy www.cclp.org .
1 Beck, A.J., Cantor, D., Hartage, J. and T. Smith, Sexual Victimization in Juvenile Facilities Reported by Youth, 2012 , Washington,
D.C.: Bureau of Justice Statistics, June 2013. Available: http://www.bjs.gov/content/pub/pdf/svjfry12.pdf . 2 Shufelt, J.S. & Cocozza, J.C. (2006). Youth with Mental Health Disorders in the Juvenile Justice System: Results
from a Multi -State, Multi -System Prevalence Study . Delmar, NY: National Center for Mental Health and
Juvenile Justice, as cited in National Cen ter for Mental Health and Juvenile Justice, “Better Solutions for Youth with Mental
Health Needs in the Juvenile Justice System,” 2014. A vailable: http://cf c.ncmhjj.com/wp -
content/uploads/2014/01/Whitepaper -Mental -Health -FINAL.pdf . 3 National Center for Mental Health and Juvenile Justice, “Better Solutions for Youth with Mental Health Needs in the
Juvenile Justice System,” 2014. A vailable: http://cfc.ncmhjj.com/wp -content/uploads/2014/01/Whitepaper -Mental -
Health -FINAL.pdf . 4 Hockenberry, S., Sickmund, M. and A. Sladky, “Juvenile Residential Facility Cen sus, 20 10: Selected Findings,” Office of
Juvenile Justice and Delinquency Prevention, US Department of Justice, 2013. Available:
http://www.ojjdp.gov/pubs/241134.pdf . 5 US Department of Justice Office of Juvenile Justice and Delinquency Prevention, “Conditions of Confinement: Findings
from the Survey of Youth in Residential Placement,” May 2010. 6 Beck, A.J., Cantor, D., Hartage, J. and T. Smith, Sexual Victimization in Juvenile Facilities Reported by Youth, 2012 . 7 Perez, T. Investigative Findings Letter, 2011. US Department of Justice , Civil Rights Division. Available:
htt p://www.justice.gov/crt/about/spl/documents/TerrebonneJDC_findlet_01 -18-11.pdf . 8 Perez, T. Investigative Findings Letter, 2011. Washington, DC, US Department of Justice, C ivil Rights Division. Available :
http://www.justice.gov/crt/about/spl/documents/LeFloreJDC_findlet_03 -31-11.pdf . 9 Goldman, J. “ N.J. to pay half of $400K settlement over solitary confinement of ju veniles,” Star -Ledger, December 10, 2013. 10 Mendel, R. A., “No Place for Kids: The Case for Reducing Juvenile Incarceration.” Annie E Casey Foundation, 2011
citing Cohen, Fred, S.H. v. Stickrath: Stipulation for Injunctive Relief, Second Annual Report, Jul y 15, 2010.
