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LARIMER - WELD REGIONAL COUNCIL OF GOVERNMENTSPH0NE (303) 667.3288
ROOM 201
201 EAST 4th STREET
LOVELAND, COLORADO 80537
•vember 3, 1975
NOTICE OF PUBLIC HEARING BEFORE THE
LARIMER-WELD REGIONAL COUNCIL OF GOVERNMENTS
Notice is hereby given that a Public Hearing will be held at
10: 00 a.m. , Monday, November 10, 1975 in the second floor Commis-
sioner' s Hearing Room, Weld County Health Building61516 Hospital
Road, Greeley, Colorado for the purpose of providing public parti-
cipation in the matter of defining needs, problems and priorities
for juvenile justice and delinquency prevention systems in Larimer
and Weld counties.
Any citizen wishing to express an opinion on the needs, prob-
lems or priorities concerning juvenile justice and delinquency
prevention in Larimer County or Weld County shall be entitled to
do so in writing and verbally at said meeting. Each citizen
expressing an opinion on this matter shall be allowed up to
five (5) minutes for such presentation.
Copies of the pertinent rules, regulations, laws and summaries
thereof which pertain to the Juvenile Justice and Delinquency
Prevention Act of 1974 are available for public inspection at the
following locations: The office of the Larimer-Weld Regional
Council of Governments, Room 201, 201 E. Fourth Street, Loveland,
Colorado (phone 667-3288) ; Weld County Commissioners, Weld County
Health Building, 1516 Hospital Road, Greeley, Colorado (phone:
353-2212) ; and the Larimer County Commissioners, Larimer County
Courthouse, 200 E. Oak, Fort Collins, Colorado (phone: 221-2100) .
Glenn K. Billings -
Chairman
GKB: jj
750739
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M 4100.1D CHG 1 •
July 10, 1975
81 . JUVENILE JUSTICE AND DELINQUENCY PREVENTION
•
a. Juvenile Justice. The Act requires that each Comprehensive State
• Plan must direct adequate attention to the problems of juvenile
justice whether or not juvenile justice is funded through the State
Planning Agency.
b. Plan Requirement. SUMMARY PAGE REFERENCE: PROVIDE A PAGE REFER-
ENCE TO THE 0 OF L PERTINENT TEXT AND DATA RELEVANT TO
E t A7k PLANNING AGENCY AO OTHER
A NCIES WITHIN THE STATE.
c. Reserved. (Maintenance of Effort)
82. SPECIAL REQUIREMENTS FOR THE JUVENILE JUSTICE AND DELINQUENCY
PREVENTION ACT OF 1974 •
a. Applicability. The provisions of this paragraph apply only to
those State Planning Agencies which have elected to apply for and
accept funds under the Juvenile Justice and Delinquency Prevention
Act of 1974. These provisions do not apply to the comprehensive
program for the improvement of juvenile justice which the State
Planning Agency must address in order to comply with the Omnibus
Crime Control and Safe Streets Act requirements.
b. Relationship to Overall Comprehensive Plan. Planning for the JJDP
Act programs and expenditures shall follow the basic steps pre-
scribed for the comprehensive law enforcement plan under the Omnibus
Crime Control and Safe Streets Act, as set forth in chapter 3 of
these Guidelines, iding a description and assessment of exist-
ing juvenile justice systems 4.0- avelin a resources, the develop-
ment of a multi-year plan, and the preparation of annual action
programs and relatedrpY.ansar_oyr and ss stems. Plans and action
programs relating to juvenile justice and delinquency prevention
may be integrated with all other portions of the comprehensive law
enforcement plan, but must be sufficiently distinct so that they
can be reviewed independently of other parts of the State Plan.
The remainder of this chapter sets forth additional items which
must be included and additional standards which must be met for
the State's comprehensive .plan to qualify for funds under the JJDP
Act. T STATE PLAN SHALL DESCRIBE THE_WAY_1N WHICH THE tPFfiAJ
REQUIREMMTICR-FI3CLOW HAVE BEEN NCORP
COMPREHENSIVE LAW NT PLAN.
c. Detailed Study of Needs.
(1 ) Act Requirements. Section 223(a)(8) of the JJDP Act requires.
that the State Plan "$,EL.F_0RTH g DETAU ED STUDY OF THE STATE
NEEDS FOR AN EFFECTIVE, COMPREHENSIVE, COORDINATED APPROACH
Chap 3/Par 81
• Page 131
e`! n
M 4100.1D CHG 1
• July 10, 1975
TO JUVENILE DELINQUENCY PREVENTION AND AND THE
I V ICE S LL
INCLUDE ITE I R THE DEVELOPMENT AND
IMPLEMENTATION OF SUCH ROGRAMS."
(2) Plan Requirements.
(a) Definitions.
1 Juvenile. THL STATE PAN MUST INDICATE THE STATE'S
DEFINI'�ION OF JUVENILE
• 2 Delinquent. THE STATE PLAN MUST INDICATE THE STATE'S
. PONITION OF DELINQUENT,_DEPE 4INITNEGEEtTED., IN
NEED OF SUPERYISLOII OR OTHER STATUS WHICH WILL SUB-
JECT YOUTHS TO THE JURISDICTION OF THE JUVENILE OR
FAMILY COURT
(b) Scope of Study. THE✓.ST_AIE 2LAN_MUS.I_INCLUDE_,AMUDY OF
THE JUVENILE JU;ITICL_.SYSTE.M'S HANDLING OF JUVENILE
OFFENDERS, AN ANALYSIS OF JUVENILE JUSTICE SYSTEM EF-
FECTIVFRU ANALYSIS OF THE NATURE OF THE DELINQUENCY
PROBLEM D RIPT ON OF EXISTING
1 Study of Juvenile Justice System. TNF STLIY_ML IMF
CLUIlI ESCP#ETI0N OF THE STRUCTURE AND FUNCTIONS OF
UNITS OF THE _JUVENILE JUSTICF SYSTEM (POIIs.
DEIENI-1ONL PROBATION, AND CORRFCTIONAL INSTITUTIONS)
AND A DESCRIPTION OF THE FLOW OF YOUTHS THROUGH THE
TY ON AN ANNUAL BASIS. THE DESCRIPTIVE FLOW
SHOULD i-li 1rLTlDE-ABU OF THE 1 IDER AND CHARACTER-
ISTICS X, NATIONAL (l ) OF
YOUTHS (UTILIZING THE STATE'S DEFINITION OF "JUVENILES")
WITHIN THE STATE AND A SUMMARY OF THE NUMBER AND
tHA CTER EN.,SI, AGE, SEX, NATIONAL ORIGIN,
AND RAC_,.)F OF YOUTHS BANIDLEIL(UICLU1D NG ARRESTS AND
E� T1IJ ► JUSTICE SYSTEM
WITHIN EACH CALENDAR YEAR, AND DISPOSITIO MADL BY--
. -acH— INCCU61NGGT NU AND r �1�TE&ISTICz nF
JUVENILES WITHIN EACH DISPOSITIONAL CATEGORY) .
•
•
2 Analysis of Juvenile Justice System Effectiveness.
THE STUDY MUST ALSO INCLUDE AN ANALYSIS OF DATA
• )ADDRESSING THE EFFECTIVENESS OF THE JUVENILE JUSTICE
•
iii � � /:tlltl3�R � i►1:TRETO THE SYSTEM AND OTHE' MEASURES D EMED RELEVANT BY
Chap 3/Par 82
Page 132
fl
M 4100.1D CHG 1
July 10, 1975
3 Analysis of Nature of Delinquency Problem. THE STUDY
OF THE DELINOUENCY PRO B-
SS THE NATURE
MUST q�SQ_�Qpq� _
LAN lITHIN THE STATE_(A�IND - -
TICE SYSTEM DATA) . THIS ANALYSIS SHOULD AT_ EAS IN-
CLUDE RATES OF MENTAL RETARDATION. UNEMPLOYMENT RATES,
SCHOOL DROPOUT. SUSPENSIDILANR_EXPW ciow RATFS, AND
OTHER CONDITIONS CONSIDERED 0 DETERMINED BY THE STATE
0 BE R L EUCY PREVENTION PROGRAMMING.
• 4 Description of Existing Programs for Youth. THE STUDY
MUST INCLUDE A DESCRIPTION OF MAJOR (IN TERMS OF
COSTS) AND INNOVATIVE PROGRAMS WHICH THE SIAIF. ALKLADY
HAS FOR YOUTH. THE STUDY SHALL INCLUDE PROGRAMS OPER-
ATE3BOfii1-fNSIDE AND OUTSIDE OF THE JUVENILE JI1STICE
SYSTEM H_ ARE DESIGNED LQ_WD.__
LTMIQQUENCY REDUCTION, CONTROL,. OR PREVENTION. THE
DESC`I PT I d;L1j��I,,l�CUI_IjE.�i.ES'1AT1 UR V
NUMRFR AND DESCRIPTIDI9.S QJLYOIITHS SERVED. PROGRAM
COSTS, AND SOURCE OF FUNDS.
(c) States might wish to consider a two year effort for this
study outlined in paragraph c(2)(b) , above. The first
year would be devoted to the comprehensive descriptions
of programs within the juvenile justice system, provid-
ing whatever data are avai
lable and ca
lled for under
paragraph c(2)(b)1 . The analysis of juvenile justice
effectiveness, analysts of the nature of the dettnquency
ro rev ew of rourams outside the ,uvenil�tustice
if P
`6 —i
system, and t e collection of data
e u ea n IF THIS OPTION
YEAR STUDY MUST ALSO STATE HOW THE
SECOND YEAR'S STUDY WILL BE ACCOMPLISHED.
(d) Statement of Itemized Estimated Costs and Prioritization
of Programs. Programs contained in the multi-year plan
and annual action programs mustlndTude an approximation
of item-1 ed estimated costs for their develooment.And.
imppt&e>I tIon. These programs.must also be_prioritized
'in light of available and anticipatedresources.
d. Utilization of Existing Programs.
(1 ) Act Requirement. Section 223(a)(9) of 'the JJDP Act requires
in part that the State Plan "PROVIDE FOR COORDINATION AND
MAXIMUM UTILIZATION OF EXISTING JUVENILE DELINQUENCY PROGRAMS
AND OTHER RELATED PROGRAMS, SUCH AS EDUCATION, HEALTH, AND
• WELFARE WITHIN THE STATE;"
Chap 3/Par 82 •
Page 132-1
M 4100.1D CHG 1
July 10, 1975
(2) Plan R uirement. THE STATE_PLAtrI AIST IDENTIFY ALL STATE
F�FFORT ELATED TO DEUNQUEHCY .PREYEN J ON AND REHABILITATION
WHETHER FEDERAL.SIAIE, LOCALLY OR-PRIVATELY FUNDED. THE
PLAN MUST DEMONSTRATE HOW THE SP D
MAXIMALLY UTILIZE THESE SERVICES.
e. Equitable Distribution.
(1 ) Act Requirement. Section 223(a)(7) of the JJDP Act requires
1 that the State Plan "PROVIDE FOR AN EQUITABLE DISTRIBUTION OF
THE ASSISTANCE RECEIVED UNDER SECTION 222 WITHIN THE STATE;".
(2) Plan Requirement: THE STATE PLAN MUST_INDICATE HOW IT HAS_
MADE THE DETERMINATI HAT THE DISTRIBUTION OF THE ASSIST- _
MICE RECEIVED WIDER SU[.11UN 222-WITHIN THE STATE IS EQUITABLE.
'F. Advanced Techniques.
(1 ) Act Requirements. Section 223(a) (10) requires that the State
Plan "PROVIDE THAT NOT LESS THAN 75 PER CENTUM OF THE FUNDS_. _
AVAILABLE -TO S17CH _s_'rATE SJNDE.R SECTION 222, WHETHER EXPENDED
-DIRECTLY BY TH _STATE_OR_BY THE LOCAL GOVERNMENT 0R-11-TROUGH .
CONTRACTS_SliIH_PUBLIC- OR- PRIVATE--AGENCIESi__SHALL BE-USED FOR
D_T ADVANCEECHNIQUES_.IN .-DEVELOPING., MAINTAINING, AND_ EXPANDING:`
PROGRAMS AND SERVICES DESIGNED TO PREVENT- JUVENILETOECTNQUUENCY,
• TO DIVERT JUVENILES FROM THE JUVENILE JUSTICE SYSTEM, AND TO
PROII_DLCOMMUNLTA-BASED_ALTERNATIVES TO JUVENILE DETENTION-- •
AND CORRECTIONAL FACILITIES. THAT ADVANCED-TECHNIQUES INCLUDE
(a) CO� . Bhp PROGRAMS AND SERVICES FOR THE P VENTIQ!
D REATMENT OF JUVENILE DELINQUENCY THROUGH THE DEVELOP-
' MENT OF FOSTER-CARE AND SHELTER-WE-HOMES, GROUP HOMES
HALFWAY HOUSES, HOMEMAKER AND HOME HEALTH SERVICES, AND
ANY OTHER DESIGNATED COMMUNITY-BASED DIAGNOSTIC, TREAT-
MENT, OR REHABILITATIVE SERVICES;
(b) COMMUNITY-BASED PRO Q MAINTAINO D K WLTLSTREN AR -
THE FAMILY UNIT SO THAT THE JUVENILE MAY BE RETAINED IN
HIS HOME;
(c) ERVICE BUREAUS AND OTHER COMMUNITY-BASED PROGRAMS
TO DIVERT-YOUTH. FROM THE�3liVENTII-C -
W-UNSEL , II NOD CREAILLIt DPPORT 21WI
R DELIN UENTS AND YOUTH IN DAP
DELIN UEN ;
Chap 3/Par 82
Page 132-2
. f f
M 4100.10 CHG 1
July 10, 1975
(d) COMPNSIVE PROGRAMS OF DRUG AND ALCOHOL ABUSE EDUCA-
TION AND PREVENTION AND PROGRAMS FOR THE TREATMENT AND
REHABILITATION OF DRUG ADDICTED YOUTH AND "DRUG DEPEND-
ENT" YOUTH LAS DEFINED IN SECTION 2(Q) OF THE PUBLIC
HEALTH SERVICE ACT (42 U.S.C. 201 (Q))) ;
(e) FD1J ATIONAL PIMAMS OR S UPPORTTVF SERVI . S DESIGNED TO
• KEEP DELIN UENTS AND TO ENCOU: G r HER YOUTH TO REMAIN
IN ELEMENTARY SECONQARY SC. 0
LEARNING SITUATIONS:
('f) XE�P MDEU_ US_Iv0_F PROBATIQIIAND RECRUITMENT AND TRAINING
OF PROBATION OFFICERS, OTHER PROFESSIONAL AND PARA-
PR6F LY
W H YOUTH-;
(g) YOUTH INITIATED PROGRAMS AND OUTREACH PROGRAMS DESIGNED
• TO A 1ST YOUTH WHO OTHERWISE MOULD NOT BE REACHED BY
A$SISTANCE PROGRAMS;
(h) PROVIDES FOR A STATEWIDE PROGRAM THROUGH THE USE OF PRO-
BATION SUBSIDIFST OTHFR S1IJ3 -
CETIYES OR DISINCENTIVES TO U_J91T OF LOCAL GOVERNMtNt ,
OR OTHFR FFF TTVF MFANS� THAT MA�tlf t iini—HiIT'd1ttNOT-
LIMITED TO PROGRAMS DESIGNED Tn•
1 REDUCE THE NUMBER OF COMMITMENTS OF JUVENILES TO
ANY FORM OF JUVENILE FACILITY AS A PERCENTAGE OF THE
STATE JUVENILE POPULATION;
2 INCREASE THE USE OF NONSECURE COMMUNITY-BASED FACILI-
TIES AS A PERCENTAGE OF TOTAL COMMITMENTS TO JUVENILE
FACILITIES; AND
3 DISCOURAGE THE USE OF'SECURE INCARCERATION AND
DETENTION;".
(2) Plan Requirements.
(a THE SPA MUST CLEARLY DEMONSTRATE IN ITS PLAN THAT AT
LEAST 75 PERCENTUM OF THE JUVENILE JUSTICE AND DELIN-
QUENCY PREVENTION ACT FUNDS SHALL BE USED FOR SUPPORT OF
ADVANCED TECHNIQUES AS ENUMERATED IN SECTION 223(a)(10)
A THROUGH H.
•
Chap 3/Par 82
Page 132-3
es)
M 4100.1D CHG 1
July 10, 1975
(b) The State may provide for advanced techniques other than
those enumerated in 223(a)(10) a through h, provided
that those "other" techniques are used for the purpose
of developing and implementing effective methods of pre-
venting and reducing juvenile delinquency; developing
and conducting effective programs of diverting juveniles
from the traditional juvenile justice system, and pro-
viding alternatives to institutionalization.
(c) IF ER
THANHE THOSETE ENCHOOSES TO UTILIZE UMERATED IN SECTION A223(a)(10)DVANCED CAN THROUGH
IQUES TH,
IT MUST DEFINE WHAT IT CONSIDERS TO BE ADVANCED TECH-
NIQUES, INDICATE WHY IT HAS CHOSEN THESE TECHNIQUES, AND
WHY IT CONSIDERS THEM "ADVANCED". IT SHOULD ALSO EX-
PLAIN HOW IT EXPECTS THEM TO IMPACT ON ITS UNIQUE
PROBLEMS.
(d) THBYEEACHECTION STATE'SFDETAILEDDSTUDYNOFUES NEEDSALL BE REQUIREDTBYMINED
SECTION 223(a)(8). However, recognition should be given
to the requirements set forth in paragraph 82c.
(3) Community based programs and services are those which have
among their characteristics local community and consumer par-
ticipation in program planning and evaluation and influence
upon management; have geographic, social and psychological
accessibility; and build into their services provisions for
retention of relationships between juveniles and "signifi-
cant others".
(a) Key factors of community-based programs or services are
the:
1 Frequency
2 Duration
3 Quality of linkages between the community and the
program or service, and linkages between the juvenile
and the community.
(b) Generally, as frequency, duration and quality of these
relationships increase, the program becomes more
community-based. Another characteristic of "community-
based programs and services" is their open quality
which allows for maximized linkages or relationships
between the youths and the community, including the
youths' families.
Chap 3/Par 82
Page 132-4
j
M 4100.1D CHG 1
July 10, 1975
(4) Youth in Danger of Becoming Delinquent. A major goal of some
delinquency prevention programs is to identify those youths
who are most likely to commit delinquent acts in the future
in order to give them special services designed to decrease
that likelihood. While laudable in concept, this approach
has serious drawbacks. Existing prediction mechanisms and
instruments lack the accuracy needed to avoid large numbers of
"false positives" and "false negatives" in the youths selected
for and excluded from prevention programs. In addition, some
theorists argue that early prediction of delinquency, when
communicated to youths and others with whom they interact
can produce a self-fulfilling prophecy effect which increases
the likelihood of delinquency, thereby undercutting the pur-
poses of the prevention program itself. Consequently, unti
further study identifi s and validates effects ve-I
predicting delinm,encv. or discre its e ears of negative
consequences from even the mos accura a el ing" programs,
Touth in danger of negoang delinquent"' snail be interpreted
to rifer oonly to youthiwh4 haves[emonStr& Cactual be'f-iaviOr- \/(
which itself is grounds for their adjudication ar' d Tin u�lft":- 0 1
The state should also avoid usage of terms such as rpre-
delinquent" in reference to particular youths.
g. Research, Training and Evaluation capacity.
(1 ) Act Requirement. Section 223(a)(11 ) requires that the State
Plan "PROVIDE FOR THE DEVELOPMENT OF AL ADEQUATF RESEARCH,
TRAINING, AND EVALUATION CAPACITY WITHIN THE STATE;".
(2) Plan Requirements. THE STATE PLAN MUST PROVIDE FOR THE
DEVELOPMENT OF AN ADEQUATE RESEARCH, TRAINING, AND EVALUATION
CAPACITY WITHIN THE STATE.
(a) "An adequate research capacity" is the caaarity to gather
and analyze the information required for the Detailed
St • of Needs_, specifies in paragraph c, above. THE_
?HI " 6i ! I ) E THE RESOURCES WHICH THE STATEJ4ILL
UTILIZE TO ACCOMPLISH THE DETAILED STUDY OF NEEDS AND,
FI THEY ARE NOT PRESENTLY AQ , PS
W Lt BE TAKEN TO AUG M. For the initial
period o imp ementation of the JJDP Act, no state will
be required to develop or demonstrate the capability to
conduct a major program of basic or applied research
beyond the Detailed Study of Needs.
•
Chap 3/Par 82
Page 132-5
•
1/
M 4100.1D CHG 1
• July 10, 1975
(b) "An adequate training capacity" is the capacity to meet
the trai`tning.fleed_s i4entifie&Shrrough the State's •iuve"•
riff" justice plannina oroeess. THE INDICATE
THOSE NEEDS IDENTIFIED WHICH CAN BEST BE MET BY TRAINING
OF-EXISTING OR FUTURE JUVENILE JUSTICE AND OTHER YOUTH
• SERVICE P- SONNEL. THE RESOURCES WHICH THE STATE WILL_
UTILIZE TO MEET THESE NEEDS _AND_, IF TNFY ARF NOT PRI-
SENTLY ADEQUATE TO THE TASK, THE STEPS WHICH WILL BE
TAKEN TO AUGMENT TNFM, This plan should take into
account and make maximum use of the training programs
' yrovided by the National_.Insttute for Juvenile Justtce
and Delinquency Prevention. Needs which cannot be met
at the state level shouid-Tie communiUtET—W—MENININI-
for use in planning future programs.
(c) "An adequate evaluation capacity" is the capacity to
carry out the requirements of paragraphs 20 an o_
this Guideline Manual . THE PLAN FOR THOSE PARAGRAPHS
M PECIFP-THE APPi_TEAgillIr( - EAU{ LL]1UN iU JUYt-
NILE DELINQUENCY PROGRAMMING. When and if an evaluation
clearinghouse is created by NIJJDP for the purpose of
assisting the states in the evaluation of programs, the
SPAs will send grant applications to the evaluation
clearinghouse for review, as requested.
h. Status Offenders.
(1 ) Act Requirement. Section 223(a)(12) of the JJDP Act requires
that the State Plan "PROVIDE WIIHIN TWO YEARS AFTER_SUBMISSION
OF THE piAN THAI_JUVENILES WHO ARE CHARGED WITH OR HAVE COM-
MITTED OFFENSES THAT WOID n NOI.BE—CRIMINAL IF CGM+LTTFf RI AN
ADULT, SHALL NOT BE PlACEn IN JUVENILE DETENTION OR CORREC-
TIONAL FACILIT₹ES, BUT MUST BE PLACED IN SHELTER FACILITIES.
(2) Purpose. Recognizing the differences between adult and juve-
nile offenders and offenses, this provision is intended to
divert juvenile status offenders and non-offenders from the
normal correctional processes, and to provide them with a
meaningful opportunity for growth and development.
(3) Status offenders are juveniles who are charged with or who
Have committed offenses that would not be criminal if com-
mitted by an adult. •
(4) Determination of Status Offenders. For purposes of monitoring
and reporting as required in Section 223(a)(14) , the State
• shall apply the following standards:
Chap 3/Par 82
Page 132-6
•
n
M 4100.1D CHG 1
July 10, 1975 '
(a) Detention.
1 A youth is placed in detention charged with a status
offense. He is a status offender.
2 A youth is placed in detention for violation of pro-
bation after having been adjudicated a status off-
\ ender. He is a status offender.
3 A youth is placed in detention pending transfer to •
another institution after being adjudicated a status
offender. He is a status offender.
4 A youth is transferred to a local lockup or county
jail from the detention center administratively after
having been charged with or being adjudicated a
status offender. He is a status offender. .
5 A youth is placed in detention and charged with a
criminal-type offense. He is a criminal-type offender.
6 A youth is placed in detention for violation of pro-
bation after being adjudicated a criminal-type off-
ender. He is a criminal-type offender.
7 A youth is placed in detention pending transfer to
another institution after being adjudicated a
criminal-type offender. He is a criminal-type
offender.
• 8 A youth is transferred to a local lockup or jail from
the detention center administratively after having
been charged with or adjudicated a criminal-type off-
ender. He is a criminal-type offender.
9 A youth is placed in detention and charged with abuse,
dependency or neglect. He is a non-offender.
10 A youth who is placed in detention pending transfer
to another agency and/or institution, after having
been found abused, dependent or neglected should be
classified as "other" than a status, criminal-type,
or non-offender.
• 11 A youth who is found in detention without being
charged with anything should be classified as "other".
Chap 3/Par 82
Page 132-7
n
M 4100.1D CHG 1
July 10, 1975
12 A youth who is placed in detention as a result of a
warrant having been filed from another jurisdiction
and the exact nature of the charge cannot be deter-
mined should be classified as "other".
13 A youth is placed in detention. However, the case
record is destroyed, missing or otherwise unavailable,
and therefore the exact nature of the charge cannot
be determined. He should be classified as "other".
14 A youth is placed in detention. However, the exact
nature of the charge cannot be determined by the case
record. He should be classified as "other".
(b) fist-Adjudicative Commitment.
1 A youth has been adjudicated a status offender for the
• first time and is institutionalized. He is a status
offender.
2 A youth, having been previously adjudicated a status
offender, is subsequently readjudicated a status off-
ender for a subsequent status offense, and is insti-
tutionalized. He is a status offender.
.3 A youth, having been previously adjudicated abused,
dependent, or neglected and placed under custody of a
child care agency or the youth's relatives, is sub-
sequently adjudicated a status offender, upon the
affidavit of such agency or relative and is institu-
tionalized. He is a status offender.
4 A youth is charged with a criminal-type offense which
is reduced by. the Court to an adjudication of'status
offender, and is institutionalized. He is a status
offender.
5 A youth has been adjudicated a status offender and is
placed on probation. While on probation, the youth
is either believed to have perpetrated a status off-
ense or is readjudicated a.status offender as a re-
sult of either the subsequent offense or the technical
violation of probation, and is institutionalized. He
is a status offender.'
• 6 A youth has been adjudicated a status offender, and
is placed on probation. While on probation, the
youth is believed to have perpetrated a criminal-type
offense, and is administratively institutionalized.
He is a status offender.
Chap 3/Par 82
Page 132-8
.
M 4100.1D CHG. 1
July 10, 1975
•
i' A youth has been adjudicated a status offender, is
— institutionalized and then placed on parole. While .
on parole he is believed to have perpetrated a status
offense and is administratively institutionalized.
He is a status offender.
8 A youth has been adjudicated a status offender, is
institutionalized and then placed on parole. While
on parole he is believed to have perpetrated a
criminal-type offense and is administratively insti-
tutionalized. He is a status offender.
9 A youth has been adjudicated a criminal-type offender,
and is institutionalized. He is a criminal-type
offender.
10 A youth has been adjudicated a status offender and is
placed on probation. While on probation the youth is.
adjudicated a criminal-type offender and is institu-
tionalized.j YP
He is a criminal-type offender.
11 A youth has been adjudicated a criminal-type offender
and is placed on probation. While on probation the
youth is either believed to have perpetrated a status
. offense or is adjudicated a status offender and is
institutionalized. He is a criminal-type offender.
12 A youth has been adjudicated a criminal-type offender
and is placed on probation. While on probation the
youth is either believed to have perpetrated a
criminal-type offense or is adjudicated a criminal-
type offender and is institutionalized. He is .a
criminal-type offender.
13 A youth has been adjudicated a status offender and -
is institutionalized and subsequently plated on
parole. While on parole the youth is adjudicated a
, criminal-type offender and is institutionalized. He
is a criminal-type offender.
14 A youth has been adjudicated a criminal-type offender,
is institutionalized and is subsequently placed on
parole. While on parole, the youth is either believed
to have perpetrated a status offense or is adjudicated
to be a status offender, and is institutionalized. He
is a criminal-type offender.
•
Chap 3/Par 82
Page 132-9
•
n
M 4100.10 CHG 1
• July 10, 1975
15 A youth is adjudicated a criminal-type offender, is
"— institutionalized and is subsequently placed on
parole. While on parole, the youth is either believed
to have perpetrated a criminal-type offense or is ad-
judicated a criminal-type offender and is institut-
ionalized. He is a status-offender.
16 A youth is found by the Court to be abused, neglected
-- or dependent and is institutionalized as a result of
such finding. He is a non-offender.
17 A youth is committed to an institution. However, the
case record is destroyed, missing or otherwise un-
available and, therefore the exact nature of the
charge cannot be determined. He should be classified
as "other".
18 .A youth is committed to an institution. However, the
exact nature of the offense cannot be determined by
the case record. He should be classified as "other".
19 A youth has been adjudicated a status offender, is
institutionalized and then placed on parole.arole. While on.
parole the youth is returned to an institution pend-
ing replacement or transfer to another agency. He is
a status offender.
20 A youth has been adjudicated a criminal-type offender,
- is institutionalized and then placed on parole. While
on parole the youth is returned to an institution
pending replacement or transfer to another agency. He
offender.
criminal-type
is a offe e 21 A youth has been adjudicated a status offender, is
institutionalized, escapes from the institution and
is returned administratively. He is a status
offender.
22 A youth has bedn adjudicated a criminal-type offender,
is institutionalized, escapes from the institution,
and is returned administratively. He is a criminal-
type offender.
23 A youth has been adjudicated a status or criminal-type
offender, is institutionalized, escapes• from the in-
stitution, and is returned by Court Order. He is a
criminal-type offender.
Chip 3/Par'82
Page 132-10
M 4100.10 CHG 1
July 10, 1975
24 A youth has been adjudicated a status or criminal-
type offender, is institutionalized, escapes from the
institution, perpetrates a criminal-type offense, is
adjudicated a criminal-type offender, and is reinsti-
tutionalized. He is a criminal-type offender.
25 A youth has been adjudicated a status or criminal-type
offender and is institutionalized. While in the
institution he perpetrates a criminal-type offense
and is adjudicated a criminal-type offender. He is a
criminal-type offender.
26 A youth has been institutionalized for an observation
and evaluation period after having been adjudicated a
si<atus offender. He is a status offender.
27 A youth has been institutionalized for an observation
and evaluation period after having been adjudicated a
criminal-type offender. He is a criminal-type
offender.
28 A youth has been adjudicated a status offender, is
institutionalized and then given a furlough. While
on furlough he is believed to have perpetrated a
status offense and is administratively reinstitution-
alized. He is a status offender.
29 A youth has been adjudicated a status offender, is
institutionalized and then given a furlough. While
on furlough he is believed to have perpetrated a
criminal-type offense and is administratively reinsti-
tutionalized. He is a status offender.
30 A youth has been adjudicated a status offender, is
institutionalized and then given a furlough. While
on furlough he is adjudicated a criminal-type offender
and is reinstitutionalized. He is a criminal-type
offender.
a A youth has been adjudicated a criminal-type offender,
is institutionalized and then given a furlough. While
on furlough he is adjudicated a criminal-type offender
and is reinstitutionalized. He is a criminal-type
offender.
Chap 3/Par 82
Page 132-11
M 4100.1D CHG 1
July 10, 1975
(5) Implementation. The re uir is of thi sect on are to be
planned and implemented by a State with -r_two year; from t-5--
date its plan is submitted, so that all juvenile status off:—
enders who require residential care will be places is shelter
tacffitfes, group homes, or ogler communit -based alternatives
as er tan uv
orcorrec e f that two a eriod.
(6) Plan Requirement.
(a) DESCRIBE IN DETAIL THE STATE'S SP_E.GIFIC PLAN, PROCEDBRE.
8_16 TI T B S H WITHIN_TA0 YEARS OF SUB-
fl SIQN -0E-ITS PLAN JUV ILE STATUS OFFENDERS, IE PLACED
OUTSIDE THE HOME, WILL BE PLACEDTN S HELTER FACILITIES.
G MES, VES A5.___
DE OF THE_JJDP ACT RAIHFR THAN
JANENIL CTLONAL FACILITIES. INCLUDE
A DESCRIPTION OF EXISTING AND P HELTEt MY COk-
111TMINAL FACILITIES.
(b) DESCRIBE THE CONSTRAINTS THE STATE WILL FACE IN MEETING
THE OBJECTIVES OF THIS SECTION.
(7) Shelter facilities for status offenders may be defined as a
teraINT oJUlerg cy care facility in a •Js • -
restri.c.th e_enuirpnment, They are used as a temporary 1 i y1 ng
facility for the purpose o n r ra nge �'(an_ for
the iuvenile. The period of shelter care should be suffi=
ciently long to develop a suitable plan for the juvenile and
should not extend beyond that point (preferably within 30
days). �--- -
Contact with Incarcerated Adults.
(1 ) Act Requirement. Section 223(a)(13) of the JJDP Act requires
that the State Plan "2ERQNIDE THAT JUVENILES ALLEGED TO BE OR
EQUTALTILB .UELINQ!IENT SHALL NOT BE _DETAINER (113_101EINEELIN
,ANY INSJI_T_UTION IN WHICH THEY HAVE REGULAR CONTACT WITH ADULT
PERSfNS TNCARCEEATED BECAUSE THEY HAVEBEEVCONVIZTED OF A
CRIME OR ARE AWAITING TRTAEGWIRIMINAL CHARGES.
(2) Purpose. This provision is intended to assure that juveniles
alleged to be or_found Jo be delinquent shall not be confined
or detained i n adult iai 1Tockus .or c. -
ties unless the juvenile can be kept totally separate from
adult in s, inclu ng rurt e_ rus__ ...�_x ct
incidential to admission and booking.
Chap 3/Par 82
Page 132-12
100 MJuly 10, 1975 1
(3) Implementation. The requirement of this provision is to be
planned and implemented immediately by each State in light
of the constraints on immediate implementation described
below.
(4) Regular Contact. The State Pl .mnust provide that juv- Iles
alleged to be or found ta_ae dguen, shall not beck ,
3rr confin any Institution in which cony" i9r theiliiaie regular
jave been
cPiyactecLnh adult me ^sonMQ incarcerated
ialbecause
criminal- cc s.
This prohibition against "regular contact" permits nn mare
than -haphazard or accidental con and in-
rprrerated a. so to effect_ as absolute a separation as
pole Fnr examp3'e separate living dinin4 rgcreatl4 ,
vocyional educatiaTaA+7 traf5 brfa. on facilities must be
provided or the time riod f utilization of these facili�
ties formally arrang in order to avoid contact between
adults and juveniles.
(5) Plan Requirement. .
(a) DESCRIBE IN DETAIL THE STATE'S SPECIFIC PLAN, PROCEDURE
AND TIMETABLE FOR ASSURING THAT JUVENILES ALLEGED TO BE
OR FOUND TO BE DELINQUENT WILL NOT BE DETAINED OR CON-
FINED IN ANY INSTITUTION IN WHICH THEY HAVE REGULAR CON-
• TACT WITH INCARCERATED ADULTS.
(b) FOR THOSE INSTITUTIONS IN WHICH JUVENILES ALLEGED TO BE
OR FOUND TO BE DELINQUENT AND INCARCERATED ADULTS WILL
CONTINUE TO BE CONFINED, SET FORTH IN DETAIL THE PRO-
CEDURES FOR ASSURING NO REGULAR CONTACT BETWEEN SUCH
JUVENILES AND ADULTS FOR EACH JAIL, LOCKUP AND COR-
RECTIONAL FACILITY.
(c) DESCRIBE THE CONSTRAINTS, INCLUDING PHYSICAL, JUDICIAL,
FISCAL, AND LEGISLATIVE WHICH MAY NEED TO BE ALTERED TO
PERMIT THE SEPARATION OF JUVENILES ALLEGED TO BE OR
FOUND TO BE DELINQUENT FROM INCARCERATED ADULTS IN ANY
PARTICULAR JAIL, LOCKUP OR CORRECTIONAL FACILITY WHERE
JUVENILES ARE NOW DETAINED OR CONFINED, AND SUBMIT A
PLAN FOR REMOVING THESE CONSTRAINTS SO THAT THE VARIOUS
INSTITUTIONS CAN COMPLY WITH THE PROVISIONS OF THE JJDP
ACT. .
(d) THE STATE MUST ASSURE THAT JUVENILES ALLEGED TO BE OR
FOUND TO BE DELINQUENT ARE NOT RECLASSIFIED AS ADULTS
IN ORDER TO AVOID THE INTENT OF SEGREGATING ADULTS AND
JUVENILES IN CORRECTIONAL FACILITIES.
Chap 3/Par 82
Page 132-13
•
n n
M 4100.1D CHG 1
July 10, 1975
4. Monitoring of Jails, Detention Facilities and Correctional
Facilities.
(1) Act Re uirement. Section 223(a)(14) requires that the State
Plan " FOR AN ADE UATE SYSTEM OF MONITORIN& JAILS.
DETENnOI FACI.LITI S,
THA IREMENTS OF SECTION 223(12) AND (13) ARE MET
A r n
THE ADMINISTRATOR".
(2) Plan Requirements.
(a) THE STATE PLAN MUST INDICATE HOW THE STATE PLANS TO PRO-
VIDE FOR ACCURATE AND COMPLETE MONITORING OF JAILS,
DETENTION FACILITIES, CORRECTIONAL FACILITIES, AND OTHER
SECURE FACILITIES TO INSURE THAT THE REQUIREMENTS OF
SECTIONS 223(12) AND (13) ARE MET.
(b) FOR PURPOSES OF PARAGRAPH H, ABOVE, THE MONITORING MUST
INCLUDE A SURVEY OF ALL JAILS, LOCKUPS, DETENTION AND
CORRECTIONAL FACILITIES, INCLUDING THE NUMBER OF JUVE-
NILES PLACED THEREIN DURING THE REPORT PERIOD, THE
SPECIFIC OFFENSE CHARGED OR COMMITTED, AND THE DIS-
POSITION, IF ANY, MADE FOR EACH CATEGORY OF OFFENSE.
(c) FOR PURPOSES OF THIS PARAGRAPH, THE MONITORING MUST IN-
CLUDE A SURVEY OF ALL JAILS, LOCKUPS, DETENTION AND COR-
RECTIONAL FACILITIES IN WHICH JUVENILES MAY BE DETAINED
OR CONFINED WITH INCARCERATED ADULTS, INCLUDING A
DETAILED DESCRIPTION OF THE STEPS TAKEN TO ELIMINATE
REGULAR CONTACT BETWEEN JUVENILES AND INCARCERATED
ADULTS.
(d) THE STATE PLAN MUST PROVIDE FOR ANNUAL ON-SITE INSPECTION
OF JAILS, DETENTION AND CORRECTIONAL FACILITIES.
(e) DESCRIBE THE STATE PLAN FOR RELATING THE MONITORING DATA
TO THE GOALS, OBJECTIVES, AND TIMETABLES FOR THE IMPLE-
MENTATION OF PARAGRAPHS H AND I AS SET FORTH IN THE
STATE PLAN, IN THE ANNUAL REPORT TO THE ADMINISTRATOR.
(3) Reporting Requirement. The State Planning Agency_ shall make
1E
an annual report to_t.be WAdriinr.rator nn the rP�-' +""
monitories for both Sections 223(1 2L d (13) . The first
report shall be made no later than December 31 1976. It,
and subsequent reports, must indicate the results of monitor-
ing with regard to the provisions of Sections 223(12) and
(13) , including:
Chap 3/Par 82
Page 132-14
1 1
M 4100.1D CHG 1
July 10, 1975
•
(a) Violations of these provisions and steps taken to
ensure compliance, if any.
(b) Procedures established for investigation of complaints
of violation of the provisions of (12) and (13).
(c) The manner in which data were obtained.
(d) The plan implemented to ensure compliance with (12) and
(13). and its results.
(e) An overall summary.
k. €quitable Assistance to all Disadvantaged Youth.
(1) Act Requriement. Section 223(a)(15) requires that the State
Plan 'PROVIDE ASSURANCLIKAT ASSISTANCE WILL BE AVAILABLE 0 _
AN EQUITABLE BASIS TO DEAL WITH ALL DISAD H N
C_ Y _ID 'FMAI FS, MINORITY YOUTH AND
MENTALLY RETARDED AND EMOTIONALLY OR PHYSICALLY HANDICAPPED
YW I H. -
(2) Plan Requirement. THE STATE PLAN MUST DEMONSTRATE A DETER-
MINED EFFORT TO ASSURE THAT ��tFFpS-OF-ALt'DISAOVANTA EU
YOUTH HAVE BEEN ANALYZED AND CONSIDERED AND THAT ASSISTANCE
AVAILABLE ON AN EQUITABLE BASIS FROM FEDERAL FUNDS
G
PLAN SHOULD INCLUDE A REVIEW OF OTHEQ FEDERAL. STA7F. L
A , N . THESE YOUTHS.
1 . Right of Privacy for Recipients of Services.
(1 ) Act R ulrement. Section 223(a)(16) requires that the State
Plan ROVIDE FOR PROCEDURES TO BE ESTABLISHED F CIING
THE RI HTS OF RFCIPW'T'S nF StRVICES AFIU-F` R ASSURING APPRO-
PRI.ATF PRIVACY WITH RF_GAR❑ TO RE1?1 IAf NG TO sun' SEA
VICES PROVIDED TO ANY INDIVIDUAL UNDER THE STATE PLAN;" .
(2) Plan' Requirement.
(a) THE STATE PLAN MUST DESCRIBE THE STATE METOR 4 RHODS ORS 0-
CEDURES FOR PROTECTINL T} _BLGHTS OF REC IPT NTS -
VICES AND FOR ASSURING APPROPRIATE PRIVACY OF R ORDS
I LIDDING ACCESS AND. USE OF RECORDS AND SAFEGUARDS.
DESCRIBE THE MEASURES AND PROCEDURES_ TEAT LQLI SE DE- .
T-E--PRPIACY-.-
(b) THE STATE PLAN MUST DESCRIBE ANY STATE LAWS AND REGULA-
TIONS PERTAINING 1U IHIS—REQONEFEV.
Chap 3/Par 82
Page 132-15
• 1 •
M 4100.1D CHG 1
July 10, 1975
m. Equitable Arrangements for Employees Affected by Assistance
under this Act. (Reserved)
n. Analysis and Evaluation.
(1 ) Act Requirement. Section 223(a)(20) requires that "tHE STATE
PLANNING AGENCY WILL FROM TIME TO TIME. BUT NOT LESS OFTEN-•"
THAN A BMIT TO THE AD
AN HE EFFE F THE PRO-
QRAMS AND ACTIVITIES CARRIED OUT UNDER E ,
MQDiFICATIOHS IH THE PLAN INCLUDING 7HE SURVEY OF STATE AND
LOCAL NEEDS, WHICH IT CONSIDERS NECESSARY,".
(2) Plan R uirements. THE SPA SHALL, ON A YEARLY BASIS, REVIEW
ITS p d AN RORI►IE iH SUCTS—OF-EVALuATION AND
MI)a. The results of this analysis and
evaluation should serve: as an integral part of the planning
' process for the next year's comprehensive plan.
o. Continuation Support.
(1 ) Act Requirement. Section 228(a) of the JJDP Act states: "IN_
ACCORDANCE WITH CRITERI STABLISHED BY THE ADMINISTRATOR. ;T
IS THE POLICY Of CONGREit as Fawn UR1 WR Twig
TITCI CO
TNG THAT THE YEARLY EVALUATION OF SUCH PROGRAMS IS
SATISFACTORY.
(2) Plan Requirements.
(a) Announcement of Programs. The description of every
j 'ustice and delinquency prevention pebgram pre-
pared by the to e s a in irate the number of rears
`( 12 month segments for which an applicant may request
support for a project. This determin-ati`on"shalI b.
based on the nature of the activity to be supported,
the nature of the agencies who will be applying for
support, and judgments concerning appropriate assump-
tions 'of the long-term costs of conducting the project
•
by no - ma 1 nC l ude a
formula for declining Federal support over the 1 e of
the pro ems.____
(b) Preparation of Applications. Applicants shall request
support for the full period of a project in responding
to an announcement. ;The application shall not be for
longer than the time period stated in the announcement.
Chap 3/Par 82
Page 132-16
n
M 4100.1D CHG 1
July 10, 1975
(c) Fixing the Duration of Support for a Particular Project.
The State shall determine an appropriate le_ng,th fora_•
project prior to funding any portion of it. The period
may be Tess than tnat sertortti in the announcement if
the State decides that a shorter period of time is suf-
ficient for completion of the project, or that sound
management of the program requires a, mixture of funding
periods. The final application shall set forth the
period of support, and any additional terms related to
• the amount or proportion of Federal support contemplated.
(d) Continuation Funding. Award of funds for the first budget
period- in an approved application shall be considered
notification of the State's intention to provide support
throughout the period of the project, as specified in the
final application, unless terminated prematurely.
(e) Termination. An award shall terminate automatically upon
completion of the eriod set-Terth in the final applica-
tion unless extended_, In addition, a project may be
terminated prematurely, if;
1; the level of Federal funding to the State under the
JJDP Act is decreased materially, or
•
Atig. the applicant fails to comply with the terms and con-
ditions of the award, or
Opthe applicant fails to receive a satisfactory yearly
evaluation.
(f) Satisfactory Yearly Evaluation. For purposes of this
• section, the term "satisfactory yearly evaluation" shall
refer to those activities defined as "monitoring" in
accordance with paragraph 20 of these Guidelines.
(g) Extension of Project Period. Extensions of the project
period shall be considered only when the original project
period was approved for a period shorter than needed to
complete the project or the results of the project seem
so fruitful as to warrant support beyond that originally :
intended.
83. TECHNICAL ASSISTANCE
a. Requirements
Chap 3/Par 83
Page 132-17
•
M 4100.1D CHG 1
July 10, 1975
(1) The Act requires [Section 303(a)(10)] that the comprehensive
plan shall demonstrate the willingness of the State to con-
tribute technical assistance or services for programs and
projects contemplated by the statewide comprehensive plan.
Technical assistance is defined to include: conferences,
lectures, seminars, workshops, on-site assistance, training,
and publications, as those activities are provided to plan-
ning and operating agencies to assist them in developing and
implementing comprehensive planning and management techniques,
in identifying the most effective techniques of controlling
specific crime problems, in implementing new programs and
techniques, and in assisting citizens and other groups in
developing projects to participate in crime reduction and
criminal justice improvements.
(2) The planned delivery of technical assistance is primarily a
way to respond efficiently and effectively to the problems
' and needs addressed within the State Plan, and ultimately is
a major vehicle for ensuring effective plan implementation,
It s essential to develop a_technical assistance strategy
w lch encompasses all levels of the LEAA delivery system--
local , regional , state and national .
(3) Grantees or sub-grantees do not always possess the expertise
they need to perform effectively and to achieve the object-
ives stated within the grant. Even when assistance or ser-
vices are available they may not be delivered in an efficient,
cost-effective manner. For instance, a State may have a
number of police departments experiencing the same or very
similar records management utilization problems. A technical
assistance strategy would not only identify problems, but
would also identify and target the resources to respond to
those problems in a systematic manner.
b. Plan Requirement. STATE PLANNING AGENCIES MUST FORMULATF Awn
INDICATE A WILLINGNESS TO IWCEIJEN M MPREHENSIVE PRO ASR_M oF_
TECHNICAL ASSISTANCE OR SERVICES FOR1ROCaRAMISJANP PRn.1FrT5 CON=
TWLATED eY THE £OIEREHEN-SIVE PLAN,. THE COMPREHENSIVE PROGRAM
DETAIL THE STRATEGY THE SPA WILL Pain DELIVERING TECH-
NICAL ASSISTANCE OR ASSURING THAT TECHNICAL ASSISTANCE I$ PROVIDED.
Ir&icH A STRATEGY STATEMENT IS NOT CONTAINED ELSEWHERE IN THE
PLAN, IT MUST BE SET FORTH HERE. IF IT IS CONTAINED IN THE PLAN,
A PAGE REFERENCE TO THE LOCATION OF ALL PERTINENT TEXT AND DATA
RELEVANT TO THE STATE'S PLAN FOR TECHNICAL ASSISTANCE IS TO BE
PROVIDED HERE.
Chap 3/Par 83
Page 132-18
I •
•
n ,
M 4100.10 CHG 1
July 10, 1975
c. Presentation of Technical Assistance Plan. If the technical
assistance plan is contained in the relevant sections of the com-
prehensive plan, it should still address the same elements as
those indicated below. For SPAs who set forth their technical
assistance plan here, the following elements of such a plan should
be included.
(1) An inventory of the resources within the State available to
address the technical assistance priorities. :an inventbry
should include but is not limited to a description of ser-
vices, expertise, and resources available within the State,
both within the SPA and elsewhere in the State in both public
and private agencies.
(2) An assessment and analysis of the technical assistance needs
and problems surfaced within the State plan.
(3) As far as spo sible, .a prioritization of those technical
ass stance needs, s r ina ,e process by whicn such pr'1-
0
(4) A technical assistance program plan which:
(a) Specifies which resources described above will be
utilized to address specific needs and priorities.
•
DoJ 19"-06 Chap 3/Par 83
Page 132-19 (and 132-20)
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