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Core Requirements

Compliance with the Core Requirements of the Juvenile Justice and Delinquency Prevention Act
Description

In December 2018, President Trump signed into law the Juvenile Justice Reform Act of 2018, reauthorizing and substantially amending the Juvenile Justice and Delinquency Prevention (JJDP) Act of 1974 (JJDP Act). OJJDP will work with states to implement the new requirements. The information on this page assists states in monitoring and achieving compliance with the core requirements specified in the JJDP Act.​

Resources:

The following is OJJDP's existing regulation implementing the Juvenile Justice and Delinquency Prevention Act of 1974, as amended. Please be advised, however, that OJJDP is currently drafting a revised regulation to reflect amendments made to the Juvenile Justice and Delinquency Prevention Act in legislation enacted in 2002 (Public Law No. 93-415) and 2018 (Public Law No. 115-385).

Federal Register Notices:

"To receive an award under the Title II, Part B, Formula Grants program (as authorized at 34 U.S.C. §§ 11131-11133 the Juvenile Justice and Delinquency Prevention (JJDP) Act) states must, each year, satisfy 28 state plan requirements.If a state does not meet these requirements, it is not eligible to receive its Formula Grants program allocation for that year.

Within these 28 requirements, 4 are deemed to be "core" because by statute OJJDP must reduce a state's annual formula grant award by 20 percent for each requirement with which the state is out of compliance.

The core requirements are:

  1. Deinstitutionalization of status offenders (DSO): 34 U.S.C. 11133 (a) (11);
  2. Separation of juveniles from adult inmates (separation): 34 U.S.C. 11133 (a) (12);
  3. Removal of juveniles from adult jails and lockups (jail removal): 34 U.S.C. 11133 (a) (13); and
  4. Addressing disproportionate minority contact: 34 U.S.C. 11133 (a) (22).

Implementing the core requirements is essential to states creating a fair, consistent, and effective justice system that advances the goals of the Formula Grants program. Pursuant to the Formula Grants program, participating states must submit an annual compliance report that includes data to demonstrate they have maintained or achieved compliance with the DSO, separation, and jail removal requirements. States must also submit an annual disproportionate minority contact compliance plan that describes how the state will address disproportionate minority contact."

Another of the 28 plan requirements is that states must provide for an adequate compliance monitoring system. Pursuant to 34 U.S.C. § 11133 (a)(14), participating states shall:

.[P]rovide for an adequate system of monitoring jails, detention facilities, correctional facilities, and non-secure facilities to insure that the requirements of paragraph (11), paragraph (12), and paragraph (13) are met, and for annual reporting of the results of such monitoring to the Administrator.

To verify the adequacy of a state's compliance monitoring system, OJJDP conducts periodic compliance monitoring field audits that assess implementation of the following required elements:

  1. Policies and Procedures
  2. Monitoring Authority
  3. Monitoring Timetable
  4. Violation Procedures
  5. Compliance Monitoring System Barriers
  6. Adherence to Federal Definitions
  7. Identification of the Monitoring Universe
  8. Classification of the Monitoring Universe
  9. Inspection of Facilities
  10. Data Collection, Verification, and Analysis"

  • For Disproportionate Minority Contact (DMC):
  • For Deinstitutionalization of Status Offenders (DSO), Jail Removal and Separation:
  • Annual Deadlines:

    Category One Deadline
    The annual deadline for submitting Category One determination materials, which establish each state's basic eligibility for the Title II Formula Grants program, is typically in October. 
    Category One materials include the following compliance-related documents:

    • Plans for Compliance with DSO, Separation and Jail Removal (OR the state's signed Certification of Adequate Plans and Resources to Maintain Compliance)
    • Plan for Compliance Monitoring

    Category Two Deadline
    The annual deadline for submitting Category Two determination materials, which are used to determine compliance with each of the core requirements and dictate the amount of each's state's Title II Formula Grant allocation, is typically February 28th of each year.

    Please note that this year's deadline for Category 2 submissions has been extended to March 14, 2019 (unless otherwise noted in your state's Category 1 determination letter).

    Major compliance documents due with Category Two include:
    • Compliance Data Report and associated attachments
    • DMC Plan

States can contact their OJJDP State Program Manager.