Federal Legislation
The Legislative Committee of the Continuum Coordinators, reviews current state and national legislative activity that may impact our local sites.
aboutFederal Legislation
The Juvenile Justice and Delinquency Prevention Act of 1974, Public Law 93–415, as amended, established the Office of Juvenile Justice and Delinquency Prevention (OJJDP) to support local and state efforts to prevent delinquency and improve the juvenile justice system.OJJDP provides national leadership, coordination, and resources to prevent and respond to juvenile delinquency and victimization. OJJDP supports the efforts of states, tribes, and communities to develop and implement effective and equitable juvenile justice systems that enhance public safety, ensure youth are held appropriately accountable to both crime victims and communities, and empower youth to live productive, law-abiding lives.
Juvenile Reform Act
CYFD’s Special Programs Unit monitors law enforcement to ensure statutory compliance to the federal Office of Juvenile Justice and Delinquency Prevention (OJJDP) core requirements of deinstitutionalization of status offenders, addressing racial and ethnic disparities, sight and sound separation of adults and juveniles, and removal of juveniles from adult jails and lockups.
Deinstitutionalization of Status Offenders (DSO):
Status offenses are offenses that are only crimes if committed by children, such as skipping school, running away, breaking curfew, and possession or use of alcohol. Under the JJDPA, status offenders may not be held in secure detention or confinement. Instead, these children are to receive community-based services, such as day treatment or residential home treatment, counseling, mentoring, alternative education and job development support.
JJRA of 2018 Changes to DSO: Youth who are found in violation of a valid court order may be held in detention, for no longer than seven days, if the court finds that such detention is necessary and enters an order containing the following: 1) identifies the valid court order that has been violated; 2) specifies the factual basis for determining that there is reasonable cause to believe that the status offender has violated such order; 3) includes findings of fact to support a determination that there is no appropriate less restrictive alternative available to placing the status offender in such a facility, with due consideration to the best interest of the juvenile; 4) specifies the length of time, not to exceed seven days, that the status offender may remain in a secure detention facility or correctional facility, and includes a plan for the status offender's release from such facility. Such an order may not be renewed.
Racial and Ethnic Disparities (RED):
Formerly under the Disproportionate Minority Contact requirement, states were required to assess and address the disproportionate contact of youth of color at key decision points in the juvenile justice system. The JJRA of 2018 requires States to focus on Racial and Ethnic Disparities (RED). The Act requires that states collect and analyze data on racial and ethnic disparities, and requires states to determine which points of system contact create racial and ethnic disparities, and establish a plan to address these system points.
Jail Removal:
Juveniles may not be detained in adult jails except for limited ("de minimis") periods before release or transporting them to an appropriate juvenile placement (6 hours), in rural areas (24 hours plus weekends and holidays), or when weather and travel conditions prevent authorities from transporting them. Research indicates that children housed in adult jails are eight times as likely to commit suicide, five times as likely to be sexually assaulted, twice as likely to be assaulted by staff, and 50 percent more likely to be attacked with a weapon, than children in juvenile facilities.Jail Removal: Juveniles may not be detained in adult jails except for limited ("de minimis") periods before release or transporting them to an appropriate juvenile placement (6 hours), in rural areas (24 hours plus weekends and holidays), or when weather and travel conditions prevent authorities from transporting them. Research indicates that children housed in adult jails are eight times as likely to commit suicide, five times as likely to be sexually assaulted, twice as likely to be assaulted by staff, and 50 percent more likely to be attacked with a weapon, than children in juvenile facilities.
Sight and Sound Separation:
hen children are held in an adult jail under the exceptions listed above, they may not have any sight or sound contact with adult inmates. Thus, children cannot be housed with adult inmates or next to adult cells, share dining halls, recreation areas, or any other common spaces with adult inmates, or be placed in any circumstances in which they could have any visual or verbal contact with adult inmates. The JJRA of 2018 requires that not later than 3 years after the date of enactment, States are required to ensure sight and sound separation and jail removal for youth awaiting trial as adults. This protection previously applied only to youth being held on juvenile court charges. An exception continues to exist for cases where a court finds, after a hearing and in writing, that it is in the interest of justice.
​
State Advisory Group
SAG stands for “State Advisory Group”. SAGs are established in federal law (in the JJDPA). In each state or U.S. territory, a SAG may be known by an alternative title, such as a “commission” or “council.” In New Mexico, our SAG is titled “Juvenile Justice Advisory committee” (JJAC).
JJAC is appointed by the Governor and is advisory to CYFD (Children Youth and Families Department), the Governor and the Legislature. The JJAC advocates for the prevention of delinquency, alternatives to secure detention, improvement of the juvenile justice system and the development of a continuum of graduated sanctions for juveniles in local communities
The JJAC allocates federal and state grant funds to communities in New Mexico for these purposes. Currently there are twenty regional Juvenile Justice Continuum Boards have been developed in communities across the state to address the goals of the state advisory group, JJAC.
Additional Resources
There are several national go-to resource sites to aid continuum coordinators in the understanding of their work. These sites contain information on grant funding opportunities, on training, and on national promising best and evidence based practices for juvenile justice.
Coalition for Juvenile Justice
As our members’ national presence, we educate and inform Members of Congress and the Administration on state-identified needs and concerns in the arena of juvenile justice. Each year, CJJ publishes and disseminates recommendations to the Administration and to Congress. We also create tools and resources to support our members’ work in the states and territories. CJJ hosts an annual Hill Day in conjunction with our national conference in Washington, DC.
​
CJJ is a member of and works closely in collaboration with the National Juvenile Justice and Delinquency Prevention Coalition (NJJDPC). The NJJDPC is a collaborative array of youth and family serving, social justice, law enforcement, corrections, and faith-based organizations. The Coalition works to ensure healthy families, build strong communities, and improve public safety by promoting fair and effective policies, practices, and programs for youth involved or at risk of becoming involved in the juvenile and criminal justice systems. CJJ staff serves on the NJJDPC steering committee and co-chairs the coalition's Act 4 JJ working group.
Office of Juvenile Justice and Delinquency Prevention
Originally enacted in 1974, the Juvenile Justice and Delinquency Prevention Act (JJDPA) is a federal law that provides delinquency prevention grants to states and localities to improve systems and practices, and to establish basic safeguards known as core requirements for states and localities to follow regarding the care and custody of youth who come into contact with the justice system.
​
In addition, the JJDPA establishes a structure for citizen input and oversight of state implementation of the law’s mandates and programs; through the work of a State Advisory Group (SAG) appointed by the governor or chief executive in each jurisdiction.
​
The JJDPA requires youth to serve as equal members of their SAGs along with adults. The JJDPA also requires involvement of youth in all SAGs, to include youth who are, or have been involved in the juvenile justice system.