Juvenile Justice Act
The Juvenile Justice and Delinquency Prevention Act of 1974 was passed by Congress to protect children and reduce crimes by juveniles. The law principally restricted and prevented children in prison from any contact with adults and to create new rules for which juveniles can be imprisoned. States are required to follow the law or lose federal juvenile delinquency funding. The Act was reauthorized by Congress in 2002 and reauthorized again in 2008.
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Adult Jail and Lock-up Removal
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The law protects children from any potential psychological or physical abuse by providing that juveniles cannot be held in adult prisons with the exception of pre and post court hearings, incarceration in a rural area (for no more than 24 hours) or if travel conditions to a juvenile facility are deemed unsafe. The law does not apply to juveniles convicted of a crime as an adult.
Deinstitutionalization of Status Offenders (DSO)
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Status offenders, such as truants, runaways, underage drinking or any other age specific crime that can be committed only by a juvenile, cannot be held in a secure prison or facility for longer than 24 hours. The law stipulates that status offenders should receive penalties other than prison, such as counseling, mentoring, job development and even residential home treatment. The law was designed to separate status offenders from those who commit adult crimes.
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Sight and Sound Separation
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The law stipulates that when a juvenile is arrested, he must be separated from adults and cannot have any "sight or sound" contact with adults. Juveniles cannot be anywhere near an adult in prison, including jail cells, recreation and common spaces, and dining areas and they cannot be within earshot of any sounds from adult inmates for fear of psychological abuse and/or threats.
Disproportionate Minority Confinement
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One important aspect of the law was to address what Congress considered the disproportionate number of minority children held in prison facilities. Congress determined that minority youths were far more likely to receive prison sentences and states were required under the law to study the reasons why and address the issue.
Reauthorization
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The Act was temporarily reauthorized by Congress in 2008 and a new Act is currently under consideration. Supporters, such as the American Bar Association, are seeking to strengthen the law prohibiting prosecution of juveniles younger than 15 as adults and allowing juvenile court judges to decide following a court appearance whether juvenile court is the right venue for a prosecution.
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