HJ0008 100TH GENERAL ASSEMBLY

HJ0008 LRB100 05485 KLG 15496 r

HOUSE JOINT RESOLUTION

WHEREAS, The juvenile justice system has the goal of rehabilitation and providing educational and therapeutic programming in the juvenile offender's community, or removing the juvenile from the community for placement in a detention facility following conviction for serious criminal offenses; the availability of State juvenile detention facilities prevent children who commit criminal acts from being introduced into the adult prison system in which there are fewer opportunities for treatment services and greater risks for physical and sexual abuse and intimidation; and

WHEREAS, As juvenile crime increased in the late 1980s and early 1990s, so did the population at State juvenile detention facilities, forcing many states to return to non-detention case management for non-violent offenders; this resulted in higher concentrations of the most violent youth, gang-involved youth, and seriously mentally ill youth detained in the facilities; with so many violent and mentally ill children in the same facility, it is often necessary for the safety and protection of the other residents and staff for certain offenders to be placed in isolated confinement for serious violations of rules of conduct in order to maintain facility security; and

WHEREAS, While best practices find that behavior management is more effective when children spend more time out of their rooms learning and practicing new skills, without being overly punitive and prison-like, isolated confinement in their rooms allows for increased time for the staff to evaluate the needs of the offender and to set a plan for improving behavior; the key is a balance to afford more time for learning and practicing behavior skills while at the same time, protecting the rest of the facility population from a violent or seriously disruptive offender; and

WHEREAS, In Department of Juvenile Justice facilities, for certain offenses that present safety risks to the other residents and staff, as well those offenses which cause disruptions which can undermine the goals of the facility, children can be placed in isolated detention in their rooms for up to one month, not to exceed 7 consecutive days or 15 days in any 30-day period, at the discretion of the Chief Administrative Officer with no set minimum standards for the isolation; without a minimum time, the system does not afford the staff with sufficient time to evaluate the needs of the particular child and to set a plan for improving behavior before returning the child to the facility's general population; therefore, be it

RESOLVED, That we urge the Department of Juvenile Justice to amend its administrative rules for Maximum Penalties on internal rule violations for Youth confinement for the following offenses:

(1) Violent Assault of any Person - minimum 14-day confinement, maximum of one month;

(2) Arson - minimum 7-day confinement, maximum of one month;

(3) Assaulting any Person - minimum 7-day confinement, maximum of one month;

(4) Bribery and Extortion - minimum 7-day confinement, maximum of one month;

(5) Dangerous Contraband - minimum 7-day confinement, maximum of one month;

(6) Dangerous Disturbance - minimum 7-day confinement, maximum of one month;

(7) Escape or Runaway - minimum 7-day confinement, maximum of one month;

(8) Sexual Misconduct - minimum 7-day confinement, maximum of one month; and

(9) Sexual Assault - minimum 14-day confinement, maximum of one month; and be it further

RESOLVED, That we urge the Department of Juvenile Justice to amend their administrative rules regarding Maximum Penalties for Youth for the following specified offenses:

(1) Damage or Misuse of Property:

(a) Loss or Restriction of Privileges - 6 months;

(b) Confinement - minimum 7-days, maximum of one-month;

(c) Good Time Revocation - 6 months;

(d) Delay in Recommendation to the Prison Review Board - 6 months; and

(2) Fighting:

(a) Loss or Restriction of Privileges - 2 months;

(b) Confinement - minimum 3 days, maximum of one month;

(c) Good Time Revocation - 6 months;

(d) Delay in Recommendation to the Prison Review Board - 6 months; and

(3) Unauthorized Movement:

(a) Loss or Restriction of Privileges - one month;

(b) Confinement - minimum 7-days, maximum of one-month;

(c) Good Time Revocation - 6 months; and

(d) Delay in Recommendation to the Prison Review Board - 6 months; and be it further

RESOLVED, That suitable copies of this resolution be presented to the Governor, the Director of Juvenile Justice, and the Joint Committee on Administrative Rules.