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Judicial Perspectives on the Deinstitutionalization of Status Offenders in the United States with Recommendations for Policy and Practice

NCJ Number
239577
Date Published
2012
Length
6 pages
Annotation

Findings and recommendations are presented from a national survey of juvenile court judges (n = 287) from 43 States and a focus group of 11 juvenile court judges that focused on status offenses and the use of secure detention in those cases.

Abstract

The deinstitutionalization of status offenders (DSO), one of the four core requirements of the Juvenile Justice and Delinquency Prevention Act, pertains to those minors who have engaged in problem behaviors that would not be considered offenses at the age of majority, such as not attending school, running away from home, breaking curfew, and possessing alcohol or tobacco. In the survey, most of the judicial officers identified "sexting" and cyberbullying as emerging status offenses. There was no consensus about effective responses to status offenses; interventions mentioned included specialty dockets, counseling/treatment, diversion, and parental involvement/parenting classes. Regarding diversion, 91 percent of respondents indicated that diversion programs are generally effective and adequately protect the interests of the community and victims (93 percent). The judges indicated that they "often" or "always" divert status offenders at the following rates: runaways (54 percent), truancy (53 percent), curfew violations (50 percent), incorrigible/ungovernable (49 percent), possession or use of tobacco (46 percent), possession of alcohol (36 percent), and use of alcohol (35 percent). Eighty-five percent of judges indicated they would like training on the most effective practices for preventing and responding to behaviors that could be defined as status offenses. The majority of respondents reported efforts to engage the status offender's family in responses to status offenses. The report on the focus group produced recommendations that pertain to judges and court officers regarding how and whether youth who commit status offenses should enter the juvenile justice system and how their needs should be addressed if they become involved in the juvenile justice system. 7 notes