Law Enforcement Information
The federal Juvenile Justice & Delinquency Prevention Act, reauthorized in 2002, requires the collection of data and monitoring of all secure facilities that hold juveniles, including all Police and Sheriff Departments that may hold juveniles in secure custody.
Background: The GJJAC administers block grant funds from the federal Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Justice, to the state of Washington. These funds are contingent on compliance with the federal Juvenile Justice and Delinquency Prevention Act (JJDP Act) requirements. On behalf of the GJJAC, consultant Merlyn Bell, working on contract with the Washington Association of Sheriff’s and Police Chiefs (WASPC), and GJJAC/OJJ staff monitor our state’s compliance with the JJDP Act’s provisions relating to juveniles held in adult jails, lockups and holding facilities. Staff to the GJJAC are located in the Office of Juvenile Justice (OJJ) within the Department of Social and Health Services.
Federal and State Requirements: The federal JJDP Act, and Washington State law (RCW 13.04.116), specifies that juveniles accused of a delinquent offense may be held in a secure location, other than juvenile detention, no longer than six hours, pursuant to a lawful detention in the course of an investigation, provided that the confinement is separate from the sight and sound of adult inmates. Per the federal OJJDP compliance guidance manual: An accused delinquent juvenile can be detained for up to six hours for the purposes of processing, or release or transfer to a juvenile facility; and an accused or adjudicated delinquent juvenile could be detained for up to six hours before a court appearance and up to an additional six hours after a court appearance.
Juveniles held pursuant to a status offense, including those returned on a court order for contempt (or a probation violation), cannot be held in secure custody for any length of time. Minors in Possession of alcohol under age 18 are considered status offenders according to federal regulations, despite being delinquent offenders under Washington law. (A status offender is defined as “a juvenile who has been charged with or adjudicated for conduct that would not, under the law of the jurisdiction in which the offense was committed, be a crime if committed by an adult”; e.g., truants, curfew violators, runaways, and minors in possession of alcohol or tobacco products.)
Posters are available from the OJJ/GJJAC that provide a summary of federal and state laws for facilities. Also, postcard size resource cards are available on holding juveniles in secure custody.
To request a poster/s or resource cards, please contact Deanna McCann or Tami McDaniel. To expedite your request please include your mailing information including contact name/phone number and the quantity. There is no charge.
The following is a list of links, forms, handouts, and general information for Adult Jails, Lockups, and Holding Facilities.
Jail Resources and Links:
U.S. Department of Justice, National Institute of Corrections:
Prison Rape Elimination Act & Local Jails (PREA): "The Facts" brochure.
Office of Juvenile Justice and Delinquency Prevention (OJJDP): Flow Chart to Determine if a Juvenile is in a Secure Custody Status in an Adult Jail or Lockup. The Flow Chart is on page "13" of the OJJDP Guidance Manual (pdf).
New! Forms:
(Effective August 2008)
Additional information and handouts:
General information:
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