Background

Juvenile justice in the United States has been predominantly the province of the states and their localities. The first juvenile court in America was founded in 1899 in Cook County, Illinois. The mission of these juvenile courts was to attempt to turn young delinquents into productive adults rather than merely punishing them for their crimes. This led to marked procedural and substantive differences between the adult and juvenile court systems in the states, including a focus on the offenders and not the offenses, and on rehabilitation instead of punishment. The federal government began to play a role in the states' juvenile justice systems in the 1960s and 1970s. In 1974, Congress addressed the issue by passing the first comprehensive piece of juvenile justice legislation, the JJDPA. By 1925, all but two states had established separate juvenile justice systems. This act afforded juvenile offenders tried as adults in the federal system special rehabilitation outcomes. Although the JJDPA has been amended several times over the past 40 years, it continues to feature the same three components. Subsequent revisions to the act placed emphasis on influencing states to expand the use of sanctions and accountability measures through some existing grant programs, as well as adding new grant programs to the act's purview. Authorization for this program expired in FY2007, but it has continued to receive appropriations. Additionally, at least 75% of the funds provided to the state must be used for a wide array of juvenile justice related programs, including, but not limited to
community based alternatives to incarceration; counseling, mentoring, and training programs within the juvenile justice system as well as similar community based programs and services, including aftercare and after-school programs; comprehensive juvenile justice and delinquency prevention programs that assist the coordination of service provision among the various players involved; providing services to address child abuse and neglect; expanding the use of probation offices; programs that address the relationship between juvenile delinquency and learning disabilities, and programs that help juveniles and their families overcome language barriers; projects designed to deter juvenile gang members from participating in illegal activities, including those that promote their involvement in lawful activities; substance and drug abuse prevention and treatment programs, including mental health programs; programs that focus on positive youth development for at-risk youth and juvenile offenders; programs that focus on strengthening families and providing them assistance to ensure juveniles have a nurturing home environment; programs that provide mental health services to juveniles at every stage of the juvenile justice process; and programs that encourage juvenile courts to develop a continuum of post-adjudication restraints that bridge the gap between probation and detention in a juvenile correctional facility. The JABG program authorizes the Attorney General to make grants to states and units of local government to strengthen their juvenile justice systems and foster accountability within their juvenile populations. Issues for Congress

Congress may choose to consider the JJDPA's reauthorization because its major provisions expired at the end of FY2007 and FY2008. Similarly, the JABG expired at the end of FY2009, and Congress may also consider its reauthorization. What is the appropriate federal response to juvenile violence and juvenile crime? Should federal efforts to influence the states' juvenile justice systems focus on the rehabilitation of juvenile offenders, on holding juvenile offenders accountable for their actions, or some combination of both? Are the grant programs as currently comprised the best way to support juvenile justice efforts in the states? The original JJDPA had three main components: it created a set of institutions within the federal government that were dedicated to coordinating and administering federal juvenile justice efforts; it established grant programs to assist the states with setting up and running their juvenile justice systems; and it promulgated core mandates that states had to adhere to in order to be eligible to receive grant funding. As it was passed in 1974, the JJDPA focused largely on preventing juvenile delinquency and on rehabilitating juvenile offenders.
Juvenile justice in the United States has predominantly been the province of the states and their localities. The first juvenile court in America was founded in 1899 in Cook County, Illinois, and, by 1925, all but two states had established juvenile court systems. The mission of these early juvenile courts was to rehabilitate young delinquents instead of just punishing them for their crimes; in practice, this led to marked procedural and substantive differences between the adult and juvenile court systems in the states, including a focus on the offenders and not the offenses, and rehabilitation instead of punishment.
The federal government began to play a role in the states' juvenile justice systems in the 1960s and 1970s. In 1974, Congress passed the first comprehensive piece of juvenile justice legislation, the Juvenile Justice and Delinquency Prevention Act (JJDPA). The JJDPA had three main components: it created a set of institutions within the federal government that were dedicated to coordinating and administering federal juvenile justice efforts; it established grant programs to assist the states with setting up and running their juvenile justice systems; and it promulgated core mandates that states had to adhere to in order to be eligible to receive grant funding. Although the JJDPA has been amended several times over the past 30 years, its basic shape remains similar to that of its original conception.
As it was passed in 1974, the JJDPA focused largely on preventing juvenile delinquency and on rehabilitating juvenile offenders. Subsequent revisions to the act added sanctions and accountability measures to some existing federal grant programs, and new grant programs to the act's purview. In altering the JJDPA to include a greater emphasis on punishing juveniles for their crimes, Congress has essentially followed the lead of the states. During the 1980s and 1990s, most states revised their juvenile justice systems to include more punitive measures and to allow juveniles to be tried as adults in more instances. In 1997, Congress created the Juvenile Accountability Block Grant (JABG), allowing the Attorney General to make grants to states and units of local government to strengthen their juvenile justice systems and foster accountability within their juvenile populations. This has marked a significant change in the philosophy of the juvenile justice system, both at the state level and at the federal level, from its original conception. Juvenile justice in general has thus moved away from emphasizing the rehabilitation of juveniles and toward a greater reliance on sanctioning them for their crimes.
Authorization for the JJDPA's main provisions expired at the end of FY2007 and FY2008, but its major programs have continued to receive appropriations. Congress may choose to consider the JJDPA's reauthorization. Policy issues associated with its reauthorization include what the best federal response to juvenile violence and juvenile crime should be; whether the system should focus on the rehabilitation of juvenile offenders or on holding juvenile offenders accountable for their actions; and whether the grant programs as currently comprised represent the best way to support juvenile justice efforts in the states. Similarly, authorization for the JABG expired at the end of FY2009. One of the issues surrounding its potential reauthorization involves whether grant program purpose areas should be modified, expanded, or clarified.