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2    WHEREAS, The juvenile justice system has the goal of
3rehabilitation and providing educational and therapeutic
4programming in the juvenile offender's community, or removing
5the juvenile from the community for placement in a detention
6facility following conviction for serious criminal offenses;
7the availability of State juvenile detention facilities
8prevent children who commit criminal acts from being introduced
9into the adult prison system in which there are fewer
10opportunities for treatment services and greater risks for
11physical and sexual abuse and intimidation; and
12    WHEREAS, As juvenile crime increased in the late 1980s and
13early 1990s, so did the population at State juvenile detention
14facilities, forcing many states to return to non-detention case
15management for non-violent offenders; this resulted in higher
16concentrations of the most violent youth, gang-involved youth,
17and seriously mentally ill youth detained in the facilities;
18with so many violent and mentally ill children in the same
19facility, it is often necessary for the safety and protection
20of the other residents and staff for certain offenders to be
21placed in isolated confinement for serious violations of rules
22of conduct in order to maintain facility security; and
23    WHEREAS, While best practices find that behavior



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1management is more effective when children spend more time out
2of their rooms learning and practicing new skills, without
3being overly punitive and prison-like, isolated confinement in
4their rooms allows for increased time for the staff to evaluate
5the needs of the offender and to set a plan for improving
6behavior; the key is a balance to afford more time for learning
7and practicing behavior skills while at the same time,
8protecting the rest of the facility population from a violent
9or seriously disruptive offender; and
10    WHEREAS, In Department of Juvenile Justice facilities, for
11certain offenses that present safety risks to the other
12residents and staff, as well those offenses which cause
13disruptions which can undermine the goals of the facility,
14children can be placed in isolated detention in their rooms for
15up to one month, not to exceed 7 consecutive days or 15 days in
16any 30-day period, at the discretion of the Chief
17Administrative Officer with no set minimum standards for the
18isolation; without a minimum time, the system does not afford
19the staff with sufficient time to evaluate the needs of the
20particular child and to set a plan for improving behavior
21before returning the child to the facility's general
22population; therefore, be it
23    RESOLVED, That we urge the Department of Juvenile Justice
24to amend its administrative rules for Maximum Penalties on



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1internal rule violations for Youth confinement for the
2following offenses:
3        (1) Violent Assault of any Person - minimum 14-day
4    confinement, maximum of one month;
5        (2) Arson - minimum 7-day confinement, maximum of one
6    month;
7        (3) Assaulting any Person - minimum 7-day confinement,
8    maximum of one month;
9        (4) Bribery and Extortion - minimum 7-day confinement,
10    maximum of one month;
11        (5) Dangerous Contraband - minimum 7-day confinement,
12    maximum of one month;
13        (6) Dangerous Disturbance - minimum 7-day confinement,
14    maximum of one month;
15        (7) Escape or Runaway - minimum 7-day confinement,
16    maximum of one month;
17        (8) Sexual Misconduct - minimum 7-day confinement,
18    maximum of one month; and
19        (9) Sexual Assault - minimum 14-day confinement,
20    maximum of one month; and be it further
21    RESOLVED, That we urge the Department of Juvenile Justice
22to amend their administrative rules regarding Maximum
23Penalties for Youth for the following specified offenses:
24        (1) Damage or Misuse of Property:
25            (a) Loss or Restriction of Privileges - 6 months;



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1            (b) Confinement - minimum 7-days, maximum of
2        one-month;
3            (c) Good Time Revocation - 6 months;
4            (d) Delay in Recommendation to the Prison Review
5        Board - 6 months; and
6        (2) Fighting:
7            (a) Loss or Restriction of Privileges - 2 months;
8            (b) Confinement - minimum 3 days, maximum of one
9        month;
10            (c) Good Time Revocation - 6 months;
11            (d) Delay in Recommendation to the Prison Review
12        Board - 6 months; and
13        (3) Unauthorized Movement:
14            (a) Loss or Restriction of Privileges - one month;
15            (b) Confinement - minimum 7-days, maximum of
16        one-month;
17            (c) Good Time Revocation - 6 months; and
18            (d) Delay in Recommendation to the Prison Review
19        Board - 6 months; and be it further
20    RESOLVED, That suitable copies of this resolution be
21presented to the Governor, the Director of Juvenile Justice,
22and the Joint Committee on Administrative Rules.