prevention and system improvement

efforts designed to reduce the disproportionate number of juvenile
members of minority groups who come into contact with the juvenile
justice system. (Disproportionate Minority Contact, or DMC)
The federal JJDP Act requires participating states to provide for an
adequate system of monitoring, including the following types of facilities:
adult jails and lockups, local juvenile detention centers, state juvenile
training schools (institutions), and collocated facilities.
Federal (OJJDP) regulations provide a six-hour hold exception that permits
a juvenile accused of committing a criminal-type offense to be held in
an adult jail or lockup for up to six hours for the purposes of identi cation,
processing, or to arrange for release to parents or transfer to a juvenile
detention facility. Juveniles must be completely separate from sight or
sound contact with adult prisoners. Any holding is to be limited to the
absolute minimum time necessary to complete these purposes, not to
exceed six hours. Also, an accused or adjudicated delinquent juvenile
could be detained for up to six hours before a court appearance, and
up to an additional six hours after a court appearance. However, any
hold of an adjudicated delinquent juvenile that is not related to a court
appearance is a violation of the jail removal requirement. State law (RCW
13.04.116) is consistent with federal requirements regarding jail removal.
Washington State has historically met federal jail removal requirements.
Since 2003, data have been collected from law enforcement agencies
through a semi-annual self-reporting process; in prior years, an annual
survey was distributed. Veri cation is based on speci c arrest data
provided by the agencies and regular on-site visits/inspections conducted
by GJJAC/OJJ compliance monitors (during SFY 07, 68 facilities received
onsite compliance visits). During calendar year 2006, 66 juveniles were
held in adult jails, holding facilities and lockups in Washington State in
violation of the federal JJDP Act, a slight decrease in violations from CY
2005. Most (73 percent) were violations of both the jail removal and DSO
requirements of the federal Act, as status offenders
1
were held in secure
Adult Jails,
Lockups, and
Holding Facilities
Compliance With
the Federal Act 252
Compliance with the Federal Act
custody status in the jail, holding facility or lockup.
2
Approximately 70
percent of these violations were in city lockups or holding facilities, and
the majority (two-thirds) of status offenders held were MIP/MICsMinor in
Possession or Consumption of alcohol (either held on an original arrest or
returned on a court order). The total jail removal violations were within the
numerical deminimus rate allowable for Washington State under federal
JJDP Act regulations.
During 2003, a statewide inventory of law enforcement agencies was
conducted by the Of ce of Juvenile Justice; the states contracted
compliance monitor reviewed the detention practices of almost 300
law enforcement/correctional agencies. As a result, in the past several
years there has been a signi cant increase in the number of reporting
agencies from previous years. The shift of correctional costs to local
municipalities and the consequential reopening of old secure areas,
and the construction of new facilities with secure areas, has signi cantly
increased the number of facilities statewide. Hence, the total number of
law enforcement facilities that securely hold juveniles has also signi cantly
increased.
In 2007, it was found there were 198 total facilities statewide with the
ability to securely detain (meeting the de nition of an adult jail, lockup, or
holding facility); approximately two-thirds (66 percent) of these facilities
may sometimes hold juveniles, as well as adults. Approximately one-third
of these agencies have policies in place not to securely detain juveniles
for any length of time within their department/facility. The GJJAC and
compliance monitors continue to provide technical assistance to law
enforcement agencies statewide.
Each year the GJJAC, through their staff, works with the Juvenile Court
Administrators of all juvenile detention centers statewide to collect data
on juveniles detained. In 2007, there were 22 juvenile detention centers
statewide21 that are county-operated, and one regional center
maintained by a consortium of counties.
In 2007, data were collected from several sources, including a self-
reported survey from the juvenile courts, through detention data systems
maintained by individual facilities, and through the new JCS system
(the juvenile & corrections information system was implemented in the
Adult Jails,
Lockups, and
Holding Facilities
(continued)
1
Status offenders (e.g., truants, runaways, curfew violators, underage alcohol offenses) and non-offend-
ers cannot be securely detained in adult facilities for any length of time; Minors in Possession of alcohol,
under the age of 18, are considered status offenders according to federal law, despite being delinquent
offenders under Washington State law.
2
Lockups have no secure perimeter, and are not staffed (but the juvenile can be held securely, such as
a locked interview room, cells along a hallway, or cuff bar, ring or bench); holding facilities are de ned as
facilities with a secure perimeter (commonly have several holding cells), but are not staffed (which meets
the federal de nition for a lockup) and typically provide temporary, short-term holding; and Jails, which
have a secure perimeter and are staffed.
Juvenile Detention
Centers 253
Compliance with the Federal Act
3
Admissions with a detention stay of over 4 hours in duration.
4
The VCO Exception provides that adjudicated status offenders found to have violated a valid court
order may be securely detained in a juvenile detention or correctional facility if they meet the valid court
order process.
state during 2005-2006, and is managed by the Administrative Of ce of
the CourtsAOC). Onsite monitoring/veri cation was conducted by
GJJAC/OJJ staff (one-third of all detention facilities are monitored onsite
annually). There were over 3,700 admissions
3
of status offenders to juvenile
detention facilities in calendar year 2006 for violations of a court order/
proceeding related to a status offense (contempt of court nding). The
majority (approximately 93 percent) were detained for contempt or FTA
related to a Truancy or At-Risk Youth order/proceeding. As federal law
provides an exception for status offenders who violate a Valid Court Order
(VCO),
4
these youth were not securely detained in violation of federal
regulations (the VCO exception/allowance).
Data for youth admitted to Secure Crisis Residential Centers (S-CRCs) are
collected through a self-reporting process, and through the management
information system operated by the Childrens Administration, DSHS. On-
site veri cation is conducted by GJJAC staff. In 2005, the number of
beds was reduced from 66 to 60 total S-CRC beds statewide, with nine
facilities continuing to operate (4 public, 5 private). There were about
2,600 admissions/placements of youth in the nine operating S-CRCs in SFY
2007 (July 06 through June 07),
5
an increase from SFY 06 when admissions
totaled around 2,300.
In 2001, it was determined through GJJAC compliance monitors ndings
and GJJAC staff analyses, that ve of the nine facilities (those operated
by private non-pro t agencies) did not meet the federal de nition for
secure facility as described in recent federal guidelines. (However,
these ve facilities are physically secure as required under Washington
State statutes, and by their licensure as Secure Crisis Residential Centers.)
There were approximately 1,100 admissions of youth to the four S-CRCs
that are located within speci c designated areas of juvenile detention
centers in calendar year 2006. There were 470 violations of the removal
of status offenders and non-offenders requirement (DSO) of the federal
JJDP Act for these four facilities total in 2006, a 14 percent decrease from
the number of violations in 2005. These violations do not include youth
placed in these four S-CRCs who were released within 24 hours, excluding
weekends and holidays, or who received a judicial court review within 24
hours, excluding weekends and holidays,
6
and who were released within
an additional 24 hours after the review, excluding weekends and holidays.
The average length of stay for youth/admissions who were detained
longer than the federal allowance was approximately 3-1/2 days (for the
6
Federal regulations allow a facility to hold an accused status offender in a secure juvenile detention fa-
cility for up to 24 hours, excluding weekends and holidays, prior to an initial court appearance, and for an
additional 24 hours, excluding weekends and holidays, immediately following an initial court appearance.
Secure Crisis
Residential Centers
Juvenile Detention
Centers
5
Data obtained from the DSHS Research & Data Analysis (RDA), Executive Management Information
System (EMIS) Report, Crisis Residential Center Services - Children Served, 4/11/08 report. 254
Compliance with the Federal Act
rst six months of 2006).
Since October 2002, all four courts have provided a judicial court
review within 24 hours, excluding weekends and holidays, for youth
placed in their respective S-CRC (consistent with federal requirements).
Additionally, o