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Compliance Monitoring

Compliance Monitoring

Policies & Procedures

Oregon is a participant in the 2018 Juvenile Justice and Delinquency Prevention Act (JJDPA). Originally enacted in 1974 and reauthorized in 2018, the JJDP Act is intended to divert juveniles from the criminal justice system while at the same time providing core protections for those who do become engaged. These core protections are designed to do three things:

  1. Deinstitutionalization – Prohibits placement in any secure residential facility unless first accused or charged with an offense that would be criminal if committed by an adult under local state law (minus certain exceptions);
  2. Separation – Prohibits any contact between juveniles (17 and under), and “adult inmates"(18 and over) in custody at any secure facility for either juveniles or adults;
  3. Jail Removal – Prohibits the detainment or confinement of juveniles in any secure facility for adults unless first charged with an offense that would be criminal if committed by an adult, and limits the amount of time that a juvenile can be detained or confined by up to six hours.  

All secure facilities must comply with at least Separation, while only those facilities which are both secure and residential must comply with Deinstitutionalization. Jail Removal applies only to facilities for adults where a juvenile has been “detained or confined." Any facility classified as either an Adult Jail or Lockup, or a Juvenile Detention or Correctional facility, must certify compliance at least once annually through the submission of data that either: A. Illustrates compliance of juveniles detained or confined in custody with respect to the applicable core requirements, or B. Illustrates that no juveniles were detained or confined in custody with respect to the facility-type.

The Youth Development Division (YDD) serves as Oregon's Designated State Agency (DSA) for the purpose of receiving, and administering Title II award funds from the Office of Juvenile Justice and Delinquency Prevention (OJJDP). Oregon Revised Statute (ORS) 417.850 authorizes the Youth Development Division to perform its duties as required under 34 U.S.C. § 11133 by collecting data, and inspecting facilities in which juveniles are detained.

References

The compliance monitor is responsible for ensuring that law enforcement, court, and facility personnel understand and follow the regulatory standard established through Oregon's participation in the JJDPA. If you have any questions regarding this information or what is expected from your agency, department or office for compliance, please contact:


Ryan Shands

Youth Development Division (YDD)
Compliance Monitor/Project Coordinator
Juvenile Justice and Delinquency Prevention Act
(503) 378-5111 | Ryan.Shands@state.or.us


Facility Resources

Facility Holding Logs

Log of Status/Non-Offender Type Juveniles Placed at Facilities for Juveniles

This is a state sponsored log for documenting status and non-offender type juveniles “placed" at facilities classified as secure detention or correctional facilities for juveniles.

Log of Juveniles Detained or Confined at a Facility for Adults

This is a state sponsored log for documenting juveniles “detained or confined" at facilities classified as Adult Jails or Lockups.


Facilities Monitored For Compliance

Adult Jails

The term “Adult Jail" means a locked facility, administered by State, county or local law enforcement and correctional agencies, the purpose of which is to detain adults charged with violating criminal law, pending trial. Also considered as adult jails are those facilities used to hold convicted adult criminal offenders sentenced for less than one year pursuant to 28 C.F.R. § 31.304 (m).


Adult Lockups

Similar to an “Adult Jail" except that an “Adult Lockup" is generally a municipal or police facility of a temporary nature which does not hold persons after they have been formally charged pursuant to 28 C.F.R. § 31.304 (n).


Nonsecure Law Enforcement Facilities

The term “Nonsecure Law Enforcement Facility" means place, an institution, a building or part thereof, set of buildings or an area whether or not enclosing a building or set of buildings which is used for the lawful custody and treatment of juveniles and may be owned and/or operated by public and private agencies pursuant to 28 C.F.R. § 31.304 (c).


Secure Detention Facilities

The term “secure detention facility" means any public or private residential facility which— (A) includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in such facility; and (B) is used for the temporary placement of any juvenile who is accused of having committed an offense or of any other individual accused of having committed a criminal offense pursuant to 34 U.S. Code § 11103 (12).


Secure Correctional Facilities

The term “secure correctional facility" means any public or private residential facility which—(A) includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in such facility; and (B) is used for the placement, after adjudication and disposition, of any juvenile who has been adjudicated as having committed an offense or any other individual convicted of a criminal offense pursuant to 34 U.S. Code § 11103 (13).


Collocated Facilities

The term “collocated facilities" means facilities that are located in the same building, or are part of a related complex of buildings located on the same grounds; (29) the term “related complex of buildings" means 2 or more buildings that share— (A) physical features, such as walls and fences, or services beyond mechanical services (heating, air conditioning, water and sewer); or (B) the specialized services that are allowable under section 31.303(e)(3)(i)(C)(3) of title 28 of the Code of Federal Regulations, as in effect on December 10, 1996.


Court Holding Facilities

The term "Court Holding Facility" means a secure facility that law enforcement or a juvenile or criminal court authority uses to detain or confine juveniles or adults

  1. accused of having committed a delinquent or criminal offense,
  2. awaiting adjudication or trial for the delinquent or criminal offense,
  3. found to have committed the delinquent or criminal offense.

 

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