Law Enforcement Information

New OJJ Compliance Monitor Announced

Steve Primas is the compliance monitor for Washington State. Contact Steve at steve.primas@dshs.wa.gov or 360) 902-0879.

Information on MIP Offenses:

In 2011 the federal Office of Juvenile Justice and Delinquency Prevention - OJJDP released new guidance for the states regarding Minor in Possession of Alcohol - MIP offenses. Based on a determination from the Office of Justice Programs’ Office of the General Counsel, OJJDP now considers youth charged with MIP/MIC (alcohol) offenses to be accused delinquent offenders (NOT status offenders). OJJDP recommends agencies continue the practice of not securely detaining juveniles under the age of 18 in adult facilities for MIP/MIC, and the federal Office is committed to pursuing a statutory amendment to the federal Juvenile Justice and Delinquency Prevention Act that would include MIP offenses as status offenses under federal law. Our Office will provide updates to you regarding this issue as it becomes available from the federal OJJDP.   The March 2011 memorandum to the states from the Acting Administrator of OJJDP provides background information on this determination.

MEMO: Status Offenders and the Juvenile Justice and Delinquency Prevention Act-Followup on Data Reporting for Annual Core Requirements Determinations (PDF)

It is recommended that law enforcement agencies continue the SOP of not securely detaining juveniles under the age of 18 for MIP/MIC for any length of time in adult lockups, holding facilities and jails.

OJJ Compliance Monitoring Responsibilities

The federal Juvenile Justice & Delinquency Prevention Act 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 WA-PCJJ 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. Office of Juvenile Justice Compliance Monitor, Steve Primas monitors our state’s compliance with the JJDP Act’s provisions relating to juveniles held in adult jails, lockups and holding facilities. Staff to the WA-PCJJ 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) specify 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. The OJJDP compliance guidance manual states 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. Under this exception, the juvenile cannot have sight or sound contact with adult inmates during the time the juvenile is in a secure custody status in the adult lockup or jail.

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. (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, and runaways.

Posters are available from the OJJ/WA-PCJJ 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 free posters or resource cards, "Holding Juveniles in Secure Custody" please contact Steve Primas (steve.primas@dshs.wa.gov). To expedite your request please include your mailing information, contact  name/phone number.

Jail resources and links

Forms:

  1. Background Information, Juvenile Justice & Delinquency Prevention Act - JJDP, Federal & State Requirements (word)
  2. Policies & Procedures (word)
  3. Apr-Sept 2017 Survey of Adult Lockups, Holding Facilities & Jails (6-month Self-Reporting Form)
  4. Certification Form - Memo to Secure AGencies by Policy Don't Hold
  5. Individual Data Collection Form
  6. Sample Certification Letter for Agencies
  7. Sample Certification Letter for Non Secure Facilities
  8. Sample Custody Log