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CJJ Government Relations Alert, June 2011
CJJ Releases Policy Agenda for 112th Congress
CJJ has released its Policy Agenda for the 112th Congress. Titled Safeguarding the Future: Federal Juvenile Justice Leadership for America’s Youth, Families and Communities, the 8-page agenda calls on Congress and the Obama Administration to:
- Affirm the federal government’s commitment to high standards of practice to protect and serve vulnerable and troubled youth and families who come into contact with the courts;
- Ensure federal investments to leverage, inspire and support state and local improvements as essential to increasing youth success and community safety, even in times of budget cutting; and
- Strengthen the federal government’s juvenile justice infrastructure, via the Office of Juvenile Justice and Delinquency Prevention (OJJDP), to maximize resources and leadership.
CJJ members and allies first presented the agenda to Members of Congress on CJJ’s 2011 Hill Day held May 24. Going forward, CJJ members and allies are encouraged to share and reinforce the recommendations contained in the agenda with every member of their Congressional delegation, as well as their Governor/Chief Executive and members of their State Legislature.
CJJ Fact Bulletin Highlights the Effectiveness of Federal Juvenile Justice Funding in States and Localities
In response to CJJ members and allies, as well as to allies on the Hill and within the Obama Administration, CJJ has developed a powerful new tool to demonstrate the impact and cost-effectiveness of federal juvenile justice funding.
Safeguarding the Future: Strategic Investments to Secure the Safety of America’s Youth, Families and Communities is a 4-page bulletin that reinforces the federal government’s limited yet essential role in preventing juvenile delinquency and improving the effectiveness of juvenile justice systems at the state, local and tribal levels nationwide. To illustrate the point, Safeguarding the Future provides 22 concrete examples of how states are using JJDPA Title II State Formula Grants, JJDPA Title V Local Delinquency Prevention Grants and Juvenile Accountability Block Grants to protect youth, support youth success and increase community safety in measurable ways.
The 22 examples highlighted in this new bulletin represent only a portion of the examples generously provided by 37 states and territories in response to a CJJ survey administered in May.
The timing of this fact bulletin is key. Overall funding for federal juvenile justice programs has declined by more than 50% since FY 2002. Congress recently passed legislation that cut federal juvenile justice programs by an additional 17%; in real terms, more than half of states are suffering reductions as high as 32%. Worse, cuts come at a time when state and local jurisdictions cannot make up the difference. In response to the CJJ survey, 89% of 35 states reported that due to federal cuts, fewer youth and families will have access to critical services designed to keep youth from offending, re-offending and penetrating deeper into America’s juvenile and criminal justice systems.
Safeguarding the Future made its debut at CJJ 2011 Annual Conference held May 20-24 in Washington, D.C. CJJ members and allies are strongly encouraged to share and reinforce the message contained in the bulletin with every member of their Congressional delegation, as well as their Governor/Chief Executive and members of their State Legislature. In addition, be on the look out for additional tools, including talking points, template letters and recommended actions steps. CJJ stands ready to help members and allies take our collective advocacy efforts to the next level to preserve the federal-state partnership on juvenile justice, and ensure that youth, families and communities continue to receive the protections and supports they need to be safe and successful.
As Additional States are Deemed SORNA Compliant, Others Remain Opposed
On May 12, the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART) at the U.S. Department of Justice announced that Michigan, Nevada, Wyoming, and the Grand Traverse Band of Ottawa and Chippewa Indians in Michigan have substantially implemented Title I of the Adam Walsh Child Protection and Safety Act of 2006, also known as the Sex Offender Registration and Notification Act (SORNA). This brings the number of states and territories who have been deemed SORNA compliant to eight – less than 15% of U.S. states and territories.
States have until July 27, 2011 to come into compliance with SORNA. States that fail to do so are subject to a 10% withholding of their FY 2012 Byrne JAG allocation. To date, however, many states have not been persuaded by the potential penalty. In the June edition of its State Legislatures magazine, the National Council on State Legislatures highlighted the ongoing tension between states and SORNA in a feature article titled “Down to the Wire: As the deadline approaches to comply with federal rules on sex offenders, some states are saying ‘no thanks.’” In addition to arguing that many states believe their classification systems are better, and that the costs of implementing SORNA outweighs its benefits, the article also illustrates that many states believe SORNA is out of “sync with the goals of rehabilitating juveniles.”
On April 28, the Association for the Treatment of Sexual Abusers (ATSA) published a new report titled “A Reasoned Approach: Reshaping Sex Offender Policy to Prevent Child Sexual Abuse.” In addition to highlighting the history and known science behind sex offenses, the report argues that many sex offender laws, including SORNA, are not evidence-based and as a practical matter may interfere with effective treatment and management, particularly when the alleged abuser is a child or youth.
On January 11, the Justice Department released supplemental guidelines for SORNA. Among other things, the supplemental guidelines allow jurisdictions, in their discretion, to exempt juveniles implicated by SORNA from public registries. This modification is in keeping with CJJ’s formal position that the Walsh Act be amended to remove the federal mandate that any youth adjudicated within the juvenile court for a sex-based offense be required to register as a sex offender on the national registry.
Bill to Eliminate Senate Confirmed Positions Advances; Still No Nominee at OJJDP
On April 13, 2011, the Senate Committee on Homeland Security and Governmental Affairs approved S. 679, the “Presidential Appointment Efficiency and Streamlining Act of 2011.” The bill is now before the entire Senate, awaiting approval by unanimous consent. If enacted, the bill would eliminate Senate confirmation for about 200 executive branch positions, including the directors of the five bureaus under the Office of Justice Programs (OJP) at the U.S. Department of Justice: the Bureau of Justice Assistance (BJA), the Bureau of Justice Statistics (BJS), the National Institute of Justice (NIJ), the Office of Juvenile Justice and Delinquency Prevention (OJJDP) and the Office for Victims of Crime (OVC). Leaders of these offices would be appointed by the U.S. Attorney General or the Assistant Attorney General for OJP.
On June 6, Denise O’Donnell was sworn in as BJA Director. With this appointment, OJJDP and OVC remain the only OJP bureaus without a permanent director. Eliminating Senate confirmation for these offices would simplify the selection and appointment process. There is a concern, however, that eliminating Senate consideration and confirmation would diminish the importance of these positions, and increase their exposure to the political or ideological agendas of a handful of individuals.
On May 13, 19 members of Congress, led by the 2011 CJJ A.L. Carlisle Child Advocacy Award recipient, Rep. Chris Murphy (D-CT-5th), sent a letter to the President urging him to appoint a permanent OJJDP Administrator as soon as possible. CJJ will continue to monitor S. 679 and the OJJDP appointment process as it moves forward, and facilitate input from the field to ensure that the ultimate outcome is good for youth, families and communities nationwide.
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