Juvenile courts handle an estimated 1.6 million delinquency cases and adjudicate youth delinquent in nearly 7 of every 10 cases each year. Additionally, each year an estimated 200,000 youth have their cases processed in adult criminal court as a result of prosecutorial or judicial waiver, statutory exclusion for certain offense categories, or because they live in states with a lower age of criminal jurisdiction (age 16 or 17). Of an estimated daily average of 97,000 incarcerated youth under 18, fully 25% of them are detained while awaiting placement or court proceedings. On any given day, an estimated average of 7,000 youth under age 18 are inmates in adult jails and, of these, 90% are being held as adults. Many youth who are confined are non-violent and highly amenable to rehabilitative services and supports. At present, juvenile arrest rates are at historic lows, with 2.2 million arrests of youth under age 18 each year. In nearly half of all cases the most serious charges are larceny-theft, simple assault, a substance abuse or liquor law violation or disorderly conduct. Juveniles who enter the justice system have been shown to suffer from higher than average mental health problems, learning disabilities and school failure, as well as under-addressed family intervention and support needs.

The JJDPA, established in 1974 and most recently reauthorized in 2002, provides for: a juvenile planning and advisory system spanning all states; federal funding for delinquency prevention programs and initiatives to improve state and local juvenile justice systems; operation of a federal agency (the Justice Department's Office of Juvenile Justice and Delinquency Prevention (OJJDP)) dedicated to training, technical assistance, model program development, as well as research and evaluation, to support state and local efforts. For over 30 years the JJDPA has been repeatedly reauthorized with bipartisan support based on the broad public consensus that children, youth and families involved with the juvenile and criminal justice systems should be safeguarded by federal standards for care and custody, while also upholding the interests of community safety and prevention of victimization.

During the most recent reauthorization, several bills were introduced which would have made sweeping changes to the Act, including the elimination of the Act's four mandates to the states, the abolition of the Justice Department's Office of Juvenile Justice and Delinquency Prevention (OJJDP) and a concentration on "get tough" program grants to the states. Similar proposals are expected to be introduced during 110th Congress reauthorization. OJJDP funding, in the current year set at $700 million, would be eliminated under President Bush's budget recommendation for Fiscal Year 2008. Supporters of a strong federal partnership role with the states will push to restore severe funding cuts made over the past several years and to strengthen the core requirements of JJDPA. In the House, the principal jurisdiction for the JJDPA resides not in the Judiciary Committee but in the Education and Labor Committee, chaired by Representative George Miller (D-CA) and Representative Howard P. "Buck" McKeon (R-CA) as Senior Republican Member. In the Senate, reauthorizing legislation will be considered by the Senate Judiciary Committee, chaired by Senator Pat Leahy (D-VT) and with Senator Arlen Specter (R-PA) Ranking Minority Member.

Congressional hearings on reauthorization and amendment of JJDPA began with a broad hearing held jointly on July 12, 2007, by the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security and the House Education and Labor Subcommittee on Healthy Families and Communities. The hearing testimony is posted here. The House Education and Labor Committee held a second hearing on September 18, 2007. It is posted here. The Senate Judiciary Committee held a hearing on reauthorization of JJDPA on December 5, 2007. The Senate hearing testimony is posted here. Reauthorizing legislation was introduced in the Senate on June 18, 2008, by Senators Leahy (D-VT), Kohl (D-WI) and Specter (R-PA) as S. 3155. The Senate Judiciary Committee on July 31, 2008 approved S. 3155, legislation to reauthorize and amend the JJDPA through fiscal year 2013. During its July 31 consideration of S. 3155, the Senate Committee approved an important amendment sought by the ABA that would require states to phase out over three years the detention center confinement “status offenders,” juveniles who engage in non-criminal violations such as truancy, run away from home and curfew violations.

• The ABA supports the reauthorization of JJDPA. The continuing success of effective juvenile crime prevention and deterrence depends on Congress strengthening both the provisions of the Act, as well as the funding resources needed to fulfill such provisions to the greatest possible extent.

• The JJDPA mandates promote public safety by eliminating factors that lead to delinquent behavior. Whenever possible, preventative programs that address precursor issues like truancy and status offenses should be available and utilized to keep children and youth out of the juvenile and criminal justice systems. The Act provides crucial support for treatment programs to address their needs and those of their families early and effectively.

• The JJDPA seeks to ensure responses that are appropriate to a young person's age and stage of development: it seeks to ensure that children and youth in the justice system are treated in age-appropriate manner and provided with developmentally appropriate, evidence-based services and supports.

• The ABA supports Congressional efforts to strengthen the federal partnership with states under the JJDPA through the provision of sufficient resources and appropriations to effectively implement the JJDPA, to fully comply with its core mandates/protections and to ensure state and local adherence to high standards of performance.

ABA juvenile justice policy is based upon the IJA/ABA Juvenile Justice Standards, which were developed over many years through the contributions of judges, prosecutors, defenders and other juvenile justice professionals. The ABA supports reauthorization of JJDPA, including the state mandates. The mandates are: (1) deinstitutionalization of status offenders; (2) sight and sound separation of juveniles from adult offenders; (3) removal of juveniles from adult jails and lock-ups; and (4) reduction of disproportionate minority contact with the justice system. ABA also opposes trying juveniles younger than 15 as adults, and believes that juvenile court judges should decide after a hearing whether a waiver of juvenile court jurisdiction is appropriate in a particular case.