Fact Sheet

The Juvenile Justice and Delinquency Prevention Act (JJDPA) of 1974 provides the major source of federal funding to improve states' juvenile justice systems. The JJDPA was developed with a broad consensus that children should not have contact with adults in jails and other institutional settings and that status offenders* should not be placed in secure detention. Under the JJDPA and its subsequent re-authorizations, in order to receive federal funds, states are required to maintain these core protections for children:

Deinstitutionalization of Status Offenders (DSO)
Status offenders may not be held in secure detention or confinement. There are, however, several exceptions to this rule, including allowing some status offenders to be detained for up to 24 hours. The DSO provision seeks to ensure that status offenders who have not committed criminal offense are not held in secure juvenile facilities for extended periods of time or in secure adult facilities for any length of time. These children, instead, should receive community-based services, such as day treatment or residential home treatment, counseling, mentoring, alternative education and job development support.

Adult Jail and Lock-up Removal
Juveniles may not be detained in adult jails and lock-ups except for limited times before or after a court hearing (6 hours), in rural areas (24 hours plus weekends and holidays), or in unsafe travel conditions. This provision does not apply to children who are tried or convicted in adult criminal court of a felony level offense. This provision is designed to protect children from psychological abuse, physical assault and isolation. Children housed in adult jails and lock-ups have been found to be eight times more likely to commit suicide, five times more likely to be sexually assaulted, two times more 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
When children are placed in an adult jail or lock-up, as in exceptions listed above, "sight and sound" contact with adults is prohibited. This provision seeks to prevent children from psychological abuse and physical assault. Under "sight and sound," children cannot be housed next to adult cells, share dining halls, recreation areas or any other common spaces with adults, or be placed in any circumstances that could expose them to threats or abuse from adult offenders.

Disproportionate Minority Confinement (DMC)
States are required to assess and address the disproportionate confinement of minority juveniles in all secure facilities. Studies indicate that minority youth receive tougher sentences and are more likely to be incarcerated than non-minority youth for the same offenses. With minority children making up one-third of the youth population but two-thirds of children in confinement, this provision requires states to gather information and assess the reason for disproportionate minority confinement.

*Status offenses are offenses that only apply to children, such as skipping school, running away, breaking curfew and possession or use of alcohol.