welcome
legal references
Data
|
JJDPA Compliance Chart for Adult Jails
and Adult Lockups
Definition of Terms and Record Keeping Requirements
- SECURE
- When a juvenile is physically detained or confined in a locked room or cell, or is handcuffed to a stationary object. The juvenile is not free to leave the building. Record this holding on the juvenile holding log.
- NON-SECURE
- The juvenile may be in custody but is "free" to leave the building. The juvenile may be handcuffed to him/her self but not to a stationary object, and may be placed in a room with no lock on the door. Do not record this non-secure holding of the juvenile on the holding log.
- STATUS OFFENDER
- The juvenile has committed an offense that would not be criminal if committed by an adult: e.g., running away, underage drinking, under age possession of alcohol or tobacco, curfew violation, truancy. Warrants, FTA, or FTC where the original offense was a status offense remain status offenses. Illegal immigrants with no delinquent charges are monitored as status offenders.
- DELINQUENT
- The juvenile has committed an offense that would be criminal if committed by an adult. NONOFFENDER
- ACCUSED
- The juvenile is "accused" of committing an offense (either status or delinquent).
- ADJUDICATED
- The juvenile is found by the court to have committed the offense (either status or delinquent).
| Type of Juvenile |
JJDP Act Regulations and Page Reference in the Guide |
| All Juveniles |
All juveniles held securely must be sight and sound separated from
incarcerated adults. Under current OJJDP policy and proposed regulation,
Maine must assure that no juvenile offender under public authority
shall enter, for any amount of time, into a secure setting or secure
section of any jail, lockup or correctional facility as a disposition
of an offense or as a means of modifying their behavior (e.g. Shock
Incarceration, Scared Straight or Shape Up).. |
| Non-Offender |
The juvenile may not be held securely. Secure holding constitutes
violations of 2 core protection requirements, Deinstitutionalization
of Status Offenders and Jail Removal. A non-offender may be booked
in a secure setting, provided that it is the only booking area available,
and the juvenile must be under continual law enforcement supervision
and then must be removed immediately from the secure booking area
following the booking process. |
| Accused or Adjudicated Status Offender |
The juvenile may not be held securely. Secure holding constitutes
violations of 2 core protection requirements, Deinstitutionalization
of Status Offenders and Jail Removal. A status offender may be booked
in a secure setting, provided that it is the only booking area available,
and the juvenile must be under continual law enforcement supervision
and then must be removed immediately from the secure booking area
following the booking process. Warrants, FTA's, FTC's where original
offense is a status offense remain status offenders. |
| Accused Delinquent |
The juvenile may be held securely in a sight and sound separated
area for up to 6 hours but only for processing, investigation, or
arranging transportation or release. The 6-hour clock starts when
the juvenile is placed in secure custody and cannot be stopped until
the juvenile is permanently removed from the secure setting. |
| Adjudicated Delinquent (Juvenile returning to court for sentencing
or probation revocation) |
The juvenile may be held securely for up to 6 hours before a court
appearance and for 6 hours following a court appearance. The juvenile
may not be held for punitive purposes. These times are not cumulative
or exchangeable. The 6-hour clock starts when the juvenile is placed
in secure custody and cannot be stopped until the juvenile is permanently
removed from the secure setting. |
| Sentenced Delinquent or Sentenced Status Offender |
No juvenile may be sentenced by a judge to an adult jail or adult
lockup. Sentences of secure incarceration may only be to a Juvenile
Detention Facility or commitment to the Division of Youth Corrections. |
| Juvenile who has been direct-filed in or waived/transferred to
adult criminal court |
The JJDP Act and regulations do not apply after the formal filing,
waiver or transfer has been completed. If the juvenile is held prior
to a direct filing or the waiver/transfer hearing, treat them as
an accused delinquent and follow the 6-hour rule. |
|