Juvenile justice services

Purpose clauses

Purpose clauses are usually written in statute to clarify the intention of the legislature for the state’s juvenile justice system, as this area of law is complex and can be ambiguous. Most states have an overall purpose clause for juvenile court and some have additional clauses by adjudication category or for the juvenile justice agency.

Purpose clauses tend to evolve along with larger juvenile justice paradigm shifts as priorities, knowledge, and national trends emerge. Purpose clauses are also influenced by court cases, new laws, and model legislation or reforms drafted by national experts during periods of collective change. Some states advance juvenile justice purpose clauses along this continuum and others mostly reflect principles of a prior reform cycle.

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Learn more

• Reforming Juvenile Justice: A Developmental Approach, 2013 and Implementing Juvenile Justice Reform: A Federal Role, 2014, National Research Council of the National Academies
• The Fourth Wave: Juvenile Justice Reforms for the Twenty-First Century, Models for Change, 2013
• Juvenile Probation: The Balanced Approach, 1988; BARJ Program Summary and Implementation Guide, 1994
• Evolution of the Standard Juvenile Court Act, Monroe Paxman, 1959

Basic services

Juvenile justice services share a common set of core intervention activities to support public safety and youth treatment goals. However, each state operates services to delinquent youth at different levels, with different delivery systems that are state operated, mostly state operated or locally administered.

Some states operate juvenile justice services from the state level (11) with all but one of those states (Utah) actually centralizing authority in a single state agency.  Other states organize services mostly from the state level (22) and some can be characterized as organizing most or all core delinquency services locally (18).

Learn more

• OJJDP Statistical Briefing Book (online federal resource center).
• State Juvenile Justice Profiles 2005 (compendium of juvenile justice service descriptions for each state).

Corrections agency

Some variation and fluidity exists among states for the type of agency charged with juvenile corrections.

Between 1993 and 2005, eight states separated juvenile corrections responsibility into an independent agency dedicated to juvenile corrections (Florida, Georgia, Illinois, Kansas, Louisiana, North Carolina, Oklahoma and Oregon). In contrast, between 2005 and 2015, two states merged independent juvenile corrections agencies within a broader adult corrections department (Kansas and North Carolina).

Learn more

• The Council of Juvenile Correctional Administrators (CJCA) (professional membership organization of state agency leaders)
• Kansas change (2015)
• North Carolina change (2013)

Intake and diversion

Court intervention is mandatory in every state within hours when custody is taken from parent/s for detention. When youth are not in custody, initial complaints or petitions that allege a minor violated the law are screened for opportunities to divert youth from deeper court involvement at two stages.  Pre-petition court diversions occur after a court referral but before a judge must become involved. Post-petition court diversions occur after adjudication hearings are initiated, but before a formal juvenile record of adjudication is set.

State legislatures specify when diversions can occur at intake and identify decision-making roles. In some states, prosecutors (DA's) make the decision. In others, the juvenile court oversees intake officers with this discretion.

Juvenile court intake officers (JCIO's) are usually probation officers that work for a designated state or local (county/district) court service or executive branch agency. Some states divide tasks by offense level or grant authority to both DA's and JCIO's in other combinations. Many states permit variations in local jurisdictions by court rule or local agreements.  

Diversion time limits

Court diversion time limits are set by statute in many states. On one hand, time limits help standardize diversion responses throughout the state and keep matters from pending without resolution for long periods of time. Limits can also help maximize use of public resources (court time, alternative programming) and help resolve the use of 'voluntary' community supervision and placements quickly. On the other hand, mandated timelines could limit the court's ability to oversee comprehensive rehabilitation of youth without also imposing the collateral consequences of a juvenile record.

Shorter pre-petition time limits afford due process, but shorter post-petition time limits may not afford the judge sufficient flexibility for exceptions, or enough time for youth with multiple needs to complete lasting rehabilitation or to restore justice. Time limits can also vary by local court rule or jurisdiction agreements.

Learn more

• Juvenile Diversion Guidebook, Models for Change, 2011
• Diversion Programs, OJJDP, 2017
• Practice Profile: Juvenile Diversion Programs, National Institute of Justice

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Solitary confinement

Solitary confinement in youth facilities is currently being reconsidered in many state and local jurisdictions across the country, based on research and reflections that illustrate its negative effects.  The Stop Solitary for Kids campaign defines solitary confinement as the involuntary placement of a youth alone in a cell or room for any reason other than as a temporary response to behavior that threatens immediate harm to the youth or others. Whether it’s called “seclusion,” “isolation,” “segregation,” or “room confinement,” the result is often the same—long periods of time, sometimes weeks or months, in isolation with little access to education, mental health services, drug treatment, or basic human interactions. According to Stop Solitary for Kids, the practice can have long term consequences including trauma, psychosis, depression, anxiety, and increased risk of suicide and self-harm.

In 2016, the use of solitary confinement was banned for youth in the federal prison system and the federal Office of Juvenile Justice and Delinquency Prevention supported efforts to end solitary confinement.  The National Council of Juvenile and Family Court Judges and other professional organizations also took positions against solitary confinement for youth.  Many state and local jurisdictions followed suit by reducing or eliminating the use of punitive solitary confinement in juvenile facilities.

Release decision

Every year, thousands of youth are released from state juvenile correctional facilities and considerable variation exists among states on how this decision is made and by whom. The power to decide when a committed juvenile is to be released from a state correctional facility is often entrusted to the agency or institution to which the juvenile has been committed, the juvenile court having jurisdiction over the case, a separately constituted paroling authority, or sometimes to some combination of these. This analysis focuses on a physical release from an institution which may be separate from the decision to discharge a youth from agency supervision/custody.

Recent changes

• On 7/25/16, Illinois' Public Act 99-0628 granted the release decision to the Department of Juvenile Justice (rather than the Prisoner Review Board) with some exceptions, effective 1/1/17.

Learn more

• JJIE Reentry Reform Hub: This online resource is curated by the National Juvenile Justice Network and provides an overview of key issues and reform trends relating to reentry and aftercare. Within the key issues and reform trends sections, you will find helpful links as well as the most recent research, cutting-edge reforms, model policies, links to experts, and toolkits to take action.
• Youth Reentry Improvement Report (2011): This Illinois Juvenile Justice Commission policy report offers reform recommendations in the context of a state with a juvenile parole board and adult-style parole supervision model.

Risk assessment

Risk/need assessment tools have become common practice in juvenile probation settings across the country. Risk/need assessment tools gauge the likelihood that an individual will reoffend and guide case planning by identifying and prioritizing criminogenic needs. These tools are the foundation of evidence based practices, enhancing efforts to treat offenders, reduce recidivism, and increase public safety.  NCJJ first surveyed state-level probation contacts in all 50 states and the District of Columbia in 2013 regarding the use of risk/need assessment tools in juvenile probation statewide.

A 2020 update suggests states continue to adopt consistent approaches to assessment by adopting a single risk/need assessment tool statewide.  Since 2017, four additional states (Nevada, New Jersey, Texas and Wisconsin) implemented a single risk assessment tool statewide in juvenile probation or are in the implementation process toward achieving Statewide Uniform Assessment. 

Sex offense registry

When first adopted, federal registration and notification laws neither required nor prohibited inclusion of youth, but by the 1990s many state sex-offense registration laws were drafted to include youth adjudicated for sex offenses.  It was not until 2006, with the passing of the Sex Offender Registration and Notification Act (SORNA), that it became a federal requirement to register adjudicated sex offenses.

SORNA requires those who commit sex offenses to register their places of residence and employment, while state and local laws prohibit them from traveling within child safety zones. Failure to register any change is a felony offense, punishable by prison and fines. Youth who move across state lines may be required to register at their new address, even though they were not required to register in the state where the offense occurred. SORNA also broadened the categories of registrable offenses, some requiring lifetime registration.

Despite SORNA's original intentions, research indicates youth who sexually offend have relatively low reoffense rates and that registries stigmatize these youth in their communities and schools, resulting in serious unforeseen life-long consequences. For these and other reasons, in May 2016, the Federal Advisory Committee on Juvenile Justice recommended that youth adjudicated delinquent be exempt from SORNA laws.

Learn More

SORNA FAQ on Juvenile Registration (Office of Justice Programs website)

John Hopkins Moore Center for the Prevention of Child Sexual Abuse 
(child sexual abuse prevention research center)

Evidence-based practices

Juvenile justice services are increasingly required to implement practices and program interventions supported by the current body of juvenile justice evaluation research and demonstrate outcomes that reduce the likelihood of re-offense.

Risk instruments

More states are using research-informed techniques for assessing risk factors (criminogenic needs) of youth who come into contact with the juvenile justice system. These techniques are increasingly guiding intervention planning for juvenile probation, with 38 states adopting a single risk assessment tool at the state-level. There are various instruments in use across the country as indicated in the Risk Instruments table on the right. 

State support: 42 states support risk assessment through either state statute or probation agency policy. In addition, 4 states have a state agency recommendation to adopt risk assessment in juvenile probation.

Learn more

• Statewide Risk Assessment in Juvenile Probation (JJGPS StateScan, 2015)
• Risk Assessment in Juvenile Justice: A Guidebook for Implementation (2012)

Standardized mental health screening

Mental health screening involves applying a validated screening tool, by non-clinical staff, universally to an entire population.  States are increasingly using this approach in a variety of juvenile services settings from detention admission through probation and juvenile corrections.

Learn more

• The Mental Health and Juvenile Justice Collaborative for Change (online systems improvement knowledgebase)
• Mental Health Screening in Juvenile Justice Services (JJGPS StateScan, 2015)
• Mental Health Screening Within Juvenile Justice: The Next Frontier (2007)

State support for evidence-based policies, programs and practices

The states vary in the infrastructure support they provide to advance this cause across diverse geographies.

State policy: 18 states currently have statutes that support a commitment to evidence-based programs and practices specifically in juvenile justice and another 28 states have agency administrative regulations that require evidence-based practices in some way.

Support centers: 13 states have established a support center or collaborative dedicated to coordinating activities around implementing, evaluating and sustaining evidence-based programming and practices in juvenile justice.  Support centers have a name, internet presence, provide training and technical assistance and provide performance indicator reports online.

Lean more

• Evidence-Based Policies, Programs, and Practices in Juvenile Justice: Three States Achieving High Standards Through State Support Centers (JJGPS CaseStudy, 2016)
• Model for Effective Implementation of Evidence-Based Practices (2013)

Recidivism reporting

Juvenile justice services, programs, and interventions are often deemed successful or not based upon a common outcome measure of subsequent criminal behavior commonly referred to as recidivism. Recidivism is defined and measured in many different ways based upon how the measure will be used and what data is available. The most useful recidivism analyses include the widest possible range of events that correspond with actual reoffending and include sufficient detail to differentiate offenders by offense severity in addition to other characteristics (Sickmund and Puzzanchera,2014).

NCJJ reviewed publicly available juvenile justice recidivism reports was conducted to discover which states currently publish recidivism data and do so repeatedly over time. States that only offer point-in-time studies are not included here.

Some states simply provide a recidivism rate, while others provide much more detail to help define recidivism. Recidivism reports are published by different authors, including correction agencies and courts, leading to multiple reports for some states. In this analysis, these reports are combined into a single entry.

Once located, reports were reviewed to identify key elements that help define recidivism in each state.  These include which youth are tracked (study population), measures of recidivism (marker event), and how long youth are tracked (follow up period). To summarize the results, the study populations and marker events were synthesized into four categories: Arrest, Court Action, Supervision, and Placement. Some reports include details that provide for a more in-depth analysis, such as age, race, gender, risk level, and prior juvenile justice history.

Learn More

• Juvenile Offenders and Victims 2014 National Report, Chapter 4, (2014, recidivism is addressed in a compendium of juvenile justice knowledge, p. 111-112)
• Measuring Subsequent Offending in Juvenile Probation ( JJGPS StateScan, 2015)
• Defining and Measuring Recidivism (2009, Council of Juvenile Corrections Administrator White Paper)
• Measuring and Using Juvenile Recidivism Data to Inform Policy, Practice, and Resource Allocation (2014, Council of State Governments Position Paper)

National assistance

The National Center for Juvenile Justice (NCJJ) has a history of helping jurisdictions collect, analyze, and apply data to make juvenile justice decisions. NCJJJ is currently partnering with The Pew Charitable Trust's Public Safety Performance Project (PSPP) and the Council of Juvenile Correctional Administrators on a comprehensive study of juvenile recidivism in five states. NCJJ can assist your jurisdiction to determine how to develop and apply measures of subsequent offending.

The Juvenile Justice Resource Hub is curated by the National Juvenile Justice Network (NJJN) and hosted by the Juvenile Justice Information Exchange. The Hub is a one-stop resource center for systems reform advocacy. It includes an evidence-based practice area that is designed to support youth advocates with a comprehensive literature review, summaries of key issues and terms and connections to experts.

Progressive recidivism data

As illustrated in table above, state level recidivism reports vary widely in the populations, marker events, and other details included in their analyses. Given the complexities involved in measuring recidivism, most published reports include only one population and one marker event as additional details often require additional data sources and other resources. However, there are a few examples of progressive recidivism research which include multiple populations and marker events and/or include more comprehensive analyses.