Juvenile Justice Legislation Fact Sheet

S. 10, the "Violent and Repeat Juvenile Offender Act of 1997"

Why Is NMHA Concerned About Juvenile Justice LeLyislation?

Anywhere from 118,700 to 186,600 youths who are involved in the juvenile justice system have at least one mental disorder. Studies have consistently found the rate of mental disorders to be higher among the juvenile justice population, than among youth in the general population. One federal study showed that 60 percent of the teenagers in juvenile detention programs have behavioral, mental or emotional problems.

What's in S. 10, Juvenile Justice Legislation?

In an effort to reduce juvenile crime, Congress introduced legislation that weakens several protections for juvenile offenders. S. IO, the"Violent and Repeat Juvenile Offender Act of 1997", was introduced by Senator Orrin Hatch (R-UT), Chair of the Senate Judiciary Comniittee. S. 10, sets the clock back 25 years by eliminating protections for juvenile offenders that Congress enacted in 1974, as a condition for states to receive federal aid to eliminate the abuse of juveniles in adult prisons.

This legislation would:

(A.) Provide $500 million in block grants to states to assist them in reducing juvenile crime or delinquency-
(B.) Require states to adhere to several new mandates as a condition of block grant dollars; and
(C.) Does not earmark a percentage of the block grant dollars for prevention programs.

The new mandates require states to:

allow delinquents to have contact with convicted adults for up to 72 hours;
allow juveniles 14 years of age to be prosecuted as adults for serious violent felonies;
require non-violent and non-serious youth offender records to be sent to schools, prospective colleges, and the FBI;
and, establish graduated sanctions.

What Are The Arguments Against S. 10?

ELEVATES PROTECTIONS FOR STATUS OFFENDERS: This legislation specifically eliminates protections for status offenders (truants, runaways, ungovernable children) and non-offenders (abused and neglected children). Status offenders could be locked up with delinquent children for 14 days- abused and neglected children can be placed in jail for 24 hours.

MANDATES EXPULSION OF IUGH SCHOOL STUDENTS: S. 10 mandates the expulsion of high school students for the use of tobacco, alcohol and illegal drugs- up to six months if youth possess tobacco and alcohol and up to one year if they possess illegal drugs. Schools must have appropriate discipline policies that would not push millions of children into the street, where they are more likely to get into trouble. Mandating expulsion for these students would also eliminate the opportunity for education, making it less likely for them to become productive citizens.

DOES NOT EARMARK FUNDING FOR PREVENTION PROGRAMS: States are required to use the new block grants funds for various activities, including: incarceration, juvenile records collection and drug testing upon arrest. States are allowed to use no more than 40% of the block grant funds for several optional services, which include: hiring prosecutors- offender school completion programs; punishing adults who use juveniles to perform criminal acts- literacy and job training initiatives- crime control training; and prevention programs.

What Is The NMHA Amendment to S. 10?

has proposed an amendment to S. 10, that would:

Authorize the U.S. Department of Justice to conduct a nationwide mental health study to determine the number ofjuveniles entering the justice system in need of mental health care services;
Require states to perform mental health screenings and treatment within one year after the date of enactment of the law or lose all block grant funds;
Require at least 50% of the block grant dollars to be earmarked to prevention programs;
Implement additional provisions that address the manner in which juveniles with mental health disorders would adversely be affected by the legislation.

Congress should oppose, S. 10, and all Juvenile Justice Legislation that weakens protections for juvenile offenders and fails to earmark block grant dollars for prevention programs. Congress should support the NMELA Amendment to S. 10.