Full Text of HJR0008 100th General Assembly
HJ0008 100TH GENERAL ASSEMBLY |
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| 1 | | HOUSE JOINT RESOLUTION
| 2 | | WHEREAS, The juvenile justice system has the goal of | 3 | | rehabilitation and providing educational and therapeutic | 4 | | programming in the juvenile offender's community, or removing | 5 | | the juvenile from the community for placement in a detention | 6 | | facility following conviction for serious criminal offenses; | 7 | | the availability of State juvenile detention facilities | 8 | | prevent children who commit criminal acts from being introduced | 9 | | into the adult prison system in which there are fewer | 10 | | opportunities for treatment services and greater risks for | 11 | | physical and sexual abuse and intimidation; and
| 12 | | WHEREAS, As juvenile crime increased in the late 1980s and | 13 | | early 1990s, so did the population at State juvenile detention | 14 | | facilities, forcing many states to return to non-detention case | 15 | | management for non-violent offenders; this resulted in higher | 16 | | concentrations of the most violent youth, gang-involved youth, | 17 | | and seriously mentally ill youth detained in the facilities; | 18 | | with so many violent and mentally ill children in the same | 19 | | facility, it is often necessary for the safety and protection | 20 | | of the other residents and staff for certain offenders to be | 21 | | placed in isolated confinement for serious violations of rules | 22 | | of conduct in order to maintain facility security; and
| 23 | | WHEREAS, While best practices find that behavior |
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| 1 | | management is more effective when children spend more time out | 2 | | of their rooms learning and practicing new skills, without | 3 | | being overly punitive and prison-like, isolated confinement in | 4 | | their rooms allows for increased time for the staff to evaluate | 5 | | the needs of the offender and to set a plan for improving | 6 | | behavior; the key is a balance to afford more time for learning | 7 | | and practicing behavior skills while at the same time, | 8 | | protecting the rest of the facility population from a violent | 9 | | or seriously disruptive offender; and
| 10 | | WHEREAS, In Department of Juvenile Justice facilities, for | 11 | | certain offenses that present safety risks to the other | 12 | | residents and staff, as well those offenses which cause | 13 | | disruptions which can undermine the goals of the facility, | 14 | | children can be placed in isolated detention in their rooms for | 15 | | up to one month, not to exceed 7 consecutive days or 15 days in | 16 | | any 30-day period, at the discretion of the Chief | 17 | | Administrative Officer with no set minimum standards for the | 18 | | isolation; without a minimum time, the system does not afford | 19 | | the staff with sufficient time to evaluate the needs of the | 20 | | particular child and to set a plan for improving behavior | 21 | | before returning the child to the facility's general | 22 | | population; therefore, be it
| 23 | | RESOLVED, That we urge the Department of Juvenile Justice | 24 | | to amend its administrative rules for Maximum Penalties on |
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| 1 | | internal rule violations for Youth confinement for the | 2 | | following offenses:
| 3 | | (1) Violent Assault of any Person - minimum 14-day | 4 | | confinement, maximum of one month; | 5 | | (2) Arson - minimum 7-day confinement, maximum of one | 6 | | month; | 7 | | (3) Assaulting any Person - minimum 7-day confinement, | 8 | | maximum of one month; | 9 | | (4) Bribery and Extortion - minimum 7-day confinement, | 10 | | maximum of one month; | 11 | | (5) Dangerous Contraband - minimum 7-day confinement, | 12 | | maximum of one month; | 13 | | (6) Dangerous Disturbance - minimum 7-day confinement, | 14 | | maximum of one month; | 15 | | (7) Escape or Runaway - minimum 7-day confinement, | 16 | | maximum of one month; | 17 | | (8) Sexual Misconduct - minimum 7-day confinement, | 18 | | maximum of one month; and | 19 | | (9) Sexual Assault - minimum 14-day confinement, | 20 | | maximum of one month; and be it further | 21 | | RESOLVED, That we urge the Department of Juvenile Justice | 22 | | to amend their administrative rules regarding Maximum | 23 | | Penalties for Youth for the following specified offenses: | 24 | | (1) Damage or Misuse of Property: | 25 | | (a) Loss or Restriction of Privileges - 6 months; |
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| 1 | | (b) Confinement - minimum 7-days, maximum of | 2 | | one-month; | 3 | | (c) Good Time Revocation - 6 months; | 4 | | (d) Delay in Recommendation to the Prison Review | 5 | | Board - 6 months; and | 6 | | (2) Fighting: | 7 | | (a) Loss or Restriction of Privileges - 2 months; | 8 | | (b) Confinement - minimum 3 days, maximum of one | 9 | | month; | 10 | | (c) Good Time Revocation - 6 months; | 11 | | (d) Delay in Recommendation to the Prison Review | 12 | | Board - 6 months; and | 13 | | (3) Unauthorized Movement: | 14 | | (a) Loss or Restriction of Privileges - one month; | 15 | | (b) Confinement - minimum 7-days, maximum of | 16 | | one-month; | 17 | | (c) Good Time Revocation - 6 months; and | 18 | | (d) Delay in Recommendation to the Prison Review | 19 | | Board - 6 months; and be it further | 20 | | RESOLVED, That suitable copies of this resolution be | 21 | | presented to the Governor, the Director of Juvenile Justice, | 22 | | and the Joint Committee on Administrative Rules.
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