HR 5537: The Juvenile Justice Improvement Act of 2008
Sponsor: Rep. Christopher Murphy (D-Conn.)
Introduced: 03/05/2008
Last Action: 03/05/2008 Referred to House Committee on Energy and Commerce
Co-Sponsors: None
Purpose: A bill to amend the Juvenile Justice and Delinquency Prevention Act of 1974 with respect to juveniles who have committed offenses, and for other purposes.
Section 1
Short Title: ‘‘Juvenile Justice Improvement Act of 2008’’
Section 2
Definitions: (1) Broadens the definition of “contact” (2) broadens the definition of “adult inmate” (5) adding a definition of “restraint,” “chemical agent,” “seclusion,” “evidence based,” “promising,” and “dangerous practice.”
Section 3
State Plan: Provides that within 4 years of enactment juveniles being treated as adults in court may not be held in jail or lockup with adults or within sight or sound contact of adult inmates. The State will develop policies and procedures to eliminate the State-supported use of dangerous practices with juveniles, increase the State’s efforts to operate facilities and programs that are safe for youth and staff, increase the State’s efforts to provide training for facility staff on effective techniques for effective behavior management, and increase the State’s efforts to develop engaging, effective programming, and establish safe staffing levels in secure detention and correctional facilities.
Section 4
Promoting Alternatives to Incarceration: This section creates incentive grants totaling at least 5 percent of the funds appropriated for this part in each fiscal year. The grants will be conditioned upon the State’s support for: evidence-based or promising programs; reforms that reduce or eliminate the State-supported use of dangerous practices; and, reforms that ensure that seclusion in secure detention or correctional facilities is limited to situations in which seclusion is the least restrictive measure sufficient to address a youth’s danger to self or others. The State shall demonstrate an improvement of public safety and rehabilitation of delinquent and at-risk youths using accurate and reliable data. By “improvement,” the State is expected to demonstrate a reduction in juvenile recidivism or offenses, an increase in the use of restrictive placement for juveniles, an increase in safety of the youths in the justice system, or a decrease in the racial or ethnic disparities in the juvenile justice system.
Section 5
Removing the Valid Court Order Exception for Status Offenders: This language changes the requirement that juveniles are placed into secure detention facilities or secure correctional facilities. Instead, juveniles who have committed an offense that would not be criminal if committed by an adult will not be placed in detention, except juveniles who are charged with or who have committed a violation of section 922(x)(2) of title 18, United States Code, or of a similar State law.
For more information, please contact Susan Parnas Frederick or Emily Taylor at (202) 624 - 5400
Updated April 3, 2008
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