ATTACHMENT 5: ALABAMA JUVENILE JAIL COMPLIANCE MONITORING
POLICIES AND PROCEDURES MANUAL
State of Alabama
Alabama Department of Economic and Community Affairs (ADECA)
Law Enforcement and Traffic Safety Division (LETS Division)
401 Adams Avenue, Room 466
Post Office Box 5690
Montgomery, Alabama 36103-5690
Phone: (334) 242-5813
Fax: (334) 242-0712
FY2009 Juvenile Justice Title II Part B Formula Grant Program
Alabama Juvenile Jail Compliance Monitoring Policies and Procedures Manual
ALABAMA
JUVENILE JUSTICE AND DELINQUENCY
PREVENTION ACT
COMPLIANCE MONITORING SYSTEM
Policies and Procedures Manual
2008-2009
TABLE OF CONTENTS
PAGE
INTRODUCTION / BACKGROUND
3
STATE MONITORING PLAN
4
MONITORING TIMETABLE
5
MONITORING AUTHORITY
7
COMPATIBILITY OF DEFINITIONS
9
MONITORING REPORT PERIOD
12
MONITORING BARRIERS AND STRATEGIES
13
VIOLATION PROCEDURES
14
IDENTIFICATION OF MONITORING UNIVERSE
16
CLASSIFICATION OF MONITORING UNIVERSE
17
INSPECTION OF FACILITIES
18
DATA COLLECTION
20
VALID COURT ORDERS
22
COLLOCATED FACILITIES
23
TITLE V CERTIFICATION
24
APPENDIX
New Alabama Juvenile Justice Code
Facility Master Lists
2
BACKGROUND / INTRODUCTION
Since its passage in 1974, the Juvenile Justice and Delinquency Prevention (JJDP) Act
has changed the way States and communities deal with troubled youth. The original
goals of the Act and of the Office of Juvenile Justice and Delinquency Prevention
(OJJDP) were simple: to assist State and local governments prevent and control juvenile
delinquency and to improve the juvenile justice system. These goals were reaffirmed in
the reauthorization of the JJDP Act of 2002. A second important element in the 1974 Act
was to protect juveniles in the juvenile justice system from inappropriate placements and
from the harm – both physical and psychological – that can occur as a result of exposure
to adult criminal offenders. Yet another important element of the JJDP Act emphasized
the need for community-based treatment for juvenile offenders. In passing the JJDP Act,
Congress recognized that keeping children in the community is critical to their successful
treatment.
The JJDP Act, through 2002 reauthorization, establishes four core protections with
which participating States and territories must comply to receive grants under the JJDP
Act:
 Deinstitutionalization of status offenders (DSO),
 Removal of juveniles from adult jails and lockups (jail removal),
 Separation of juveniles and adults in institutions (separation), and
 Reduction of disproportionate minority contact (DMC), where it exists.
The Office of Juvenile Justice and Delinquency Prevention (OJJDP) have responsibility
for the development and promulgation of regulations, guidelines, requirements, criteria
and procedures in accordance with the policies, priorities and objectives of the JJDPA.
The Alabama Department of Economic and Community Affairs (ADECA) is the state
agency designated to administer the federal funds and provide staff support to the
Governor’s Advisory Committee (GAC), which participates in the development of the
Juvenile Justice Plan; reviews and advises on grant applications; and actively consults
with local units of government in developing the state plan to address their needs.
Compliance monitoring is required [Section 223(a)(14)] to provide for an adequate
system of monitoring jails, lockups, detention facilities, correctional facilities and nonsecure facilities to insure the core requirement of the JJDPA are met.
The following compliance monitoring plan describes the policies and procedures for
carrying out the four above-referenced tasks, for reporting compliance to the Office of
Juvenile Justice and Delinquency Prevention, for addressing violations and for
implementing strategies to overcome monitoring barriers.
3
MONITORING PLAN AND TIMETABLE
Alabama must have a written plan providing for an adequate system of monitoring
secure and nonsecure facilities to ensure compliance with the requirements of the
JJDPA and Formula Grant Regulations.
The monitoring plan will describe:
1.
The barriers faced in implementing and maintaining a compliance monitoring
system and the state and local strategies and plan to overcome such barriers.
2.
The legislative and/or administrative procedures which have been established for
the state to receive, investigate and respond to reports of compliance violations.
3.
A detailed description of the monitoring tasks which includes the identification of
the specific agency or agencies responsible for each task.
Procedures:
1.
Each of the three activities of a monitoring plan listed above, are described in
detail throughout this policy and procedure manual.
2.
An annual timetable form is attached as a means of delineating all compliance
monitoring activities and the timeframes for their completion.
3.
ADECA will contract with or assign compliance monitoring activities to an
agency, or individual(s) responsible for oversight of the JJDPA compliance effort
(hereafter referred to as the compliance monitors).
Attachments:
Timetable for Compliance Monitoring
4
Annual Monitoring Timetable
MONITORING ACTIVITY
TIME LINE
Update Compliance
Monitoring Manual
Update Monitoring
Universe
State Managed Facilities
and Placements
October –
December
October –
December
Update Monitoring
Universe
Adult Jails and Lockups
Update Monitoring
Universe
Other Facilities
October –
December
Update State Practices
OctoberDecember
Classification Monitoring
Universe
October –
December
On-site Classification and
Inspection of Secure Adult
Facilities
All year
On-site Classification and
Inspection of Non-Secure
Adult Facilities
On-site Classification and
Inspection of Non-secure
Juvenile Facilities
On-site Classification and
Inspection of Secure
Juvenile Detention and
Correctional Facilities
All year
On-site inspection of
collocated (short-term
facilities) with DYS.
All year
October –
December
All year
All year
PROCESS
Review and amend as needed.
Call designated contact at DYS, DHR, DMH
and DOC to arrange a visit or conference to
collect and update the following:
- Most recent list of facilities used in housing
youth pursuant to public authority
- Standards or licensing requirements for
these facilities
- Inspection process and date of last visit
Obtain updated lists from Sheriff’s
Association, Peace Officer’s Association
and the Department of Public Safety.
Obtain information on other potential
facilities. These would include but not be
limited to: regional malls, sporting
complexes and airports.
Review state statutes, definitions and
judicial practices that may impact the
monitoring universe or classification
process.
Classify all facilities in the monitoring
universe as secure/non-secure,
public/private, juvenile/adult and residential
capabilities.
Adult jails, lockups and court holding
facilities with the capability of securely
holding juveniles are reviewed on-site every
3 years to determine holding practices, sight
& sound separation levels, and to review
juvenile detention records.
Adult jails and lockups that have been
classified as non-secure are reviewed onsite every 3 years.
DYS non-secure juvenile facilities are
sampled to assure the non-secure
classification.
All secure juvenile detention and
correctional facilities are reviewed every 3
years to assure the separation of juveniles
from incarcerated adults and to verify
juvenile detention data.
Utilize the Collocated Facility Checklist in
reviewing and classifying the facilities to
assure compliance with the related criteria.
5
On-site Court File Review
All year
Data
Collection/Verification
Secure Jails and Lockups
Data
Collection/Verification
Juvenile Detention
Centers
Compile Year-end
Documentation
of Compliance Monitoring
Efforts and Activities
Document Barriers and
Strategies to the
Statewide
Annual Compliance
Monitoring Effort
Annual Compliance
Monitoring Report
Compliance for Title V
All year
Review court files to assure accurate use of
the VCO exception including the necessary
paperwork and written report.
Data is requested bi-annually on all youth
detained in adult facilities.
All year
Data is requested bi-annually on all status
and non-offenders detained in juvenile
detention and correctional facilities.
All year
The final report requires additional
quantitative information regarding
compliance and related yearly activities.
All year
Compile information for planning purposes
on the barriers and strategies to maintaining
a comprehensive compliance monitoring
system.
March
Compile final report and submit to ADECA,
and subsequently sent to OJJDP.
Complete compliance certification form for
communities interesting in applying for Title
V funds.
March
6
MONITORING AUTHORITY
The agency(s) responsible for compliance monitoring should have the legal authority to
monitor all facilities in which juveniles may be placed pursuant to public authority. This
authority should be sufficiently broad to permit the monitoring agency to require each
facility, classified as secure, to undergo inspection, to maintain specific juvenile records,
and to permit designated monitors to review the records. The agency(s) should have the
right to develop and enforce standards, inspect for compliance, to cite facilities for
violations, and to enforce sanctions when violations are not corrected.
In Alabama, the JJDPA monitoring authority is not specifically outlined by state statute,
rather the authority is delegated to ADECA as the designated Formula Grant Agency
administering the JJDPA.
The following state agencies have responsible for promulgating facility standards,
practices and licensing:
Department of Human Resources (DHR)
The DHR Child Care Services Division is responsible for the child care subsidy program
and quality initiatives. In addition, the Division is also responsible for monitoring and
licensing child care centers for compliance with minimum standards.
Statutory Authority: Code of Ala. 1975, § 38-2-6.
Department of Mental Health and Mental Retardation (DMH)
The DMH Division of Mental Illness provides a comprehensive array of treatment
services and supports through seven state operated facilities and contractual
agreements with community mental health centers across the state. The Division staff
provides oversight and support for the continuum of care through its offices of quality
improvement, consumer relations, deaf services, community programs, certification,
facilities management, and the indigent drug program.
The DMH Division of Substance Abuse Services has the responsibility for development,
coordination, and management of a comprehensive system of treatment and prevention
services for alcoholism/drug addiction and abuse. Responsibilities encompass
contracting for services with local providers, monitoring service contracts, evaluating and
certifying services programs according to departmental standards for substance abuse
programs, and developing models for a continuum of treatment and prevention services.
Statutory Authority: Code of Ala. 1975, §§22-50-11, 22-51-1 – 22-51-14.
Department of Youth Services
DYS is authorized and directed to establish and promulgate reasonable minimum
standards for the construction and operation of juvenile detention facilities, programs for
the prevention and correction of youth delinquency. Said standards shall include, but
7
not be limited to, juvenile detention facilities, foster care facilities, group homes, and
correctional institutions and aftercare services.
Statutory Authority: Code of Ala. 1975, Title 44, entitled Youth Services.
Department of Corrections
DOC is an administrative department responsible for administering and exercising the
direct and effective control over penal and corrections institutions throughout this state.
DOC is responsible for annual inspections to assure compliance of each facility with the
standards for correctional institutions. The facilities are classified based upon the DOC
standards and federal definitions.
Statutory Authority: Code of Ala.1975, §14-1-11.
The compliance monitors will utilize existing statutorily defined requirements and
standards by reporting compliance violations to the appropriate sanctioning agency. The
compliance monitor(s) will make available during all on-site inspections a written
statement from ADECA which defines the basis of authority for monitoring.
8
COMPATIBILITY OF DEFINITIONS
In classifying and identifying the types of juvenile offense behavior to be reviewed for
compliance monitoring purposes, Alabama needs to operate under definitions that are
compatible with those found in the Formula Grant Regulations.
Alabama will use the following OJJDP Formula Grant definitions for compliance
monitoring purposes.

Adult inmate. An individual who has reached the age of criminal responsibility
under applicable State law, has been arrested, and is in custody awaiting trial on
a criminal charge, or is convicted of a criminal offense.

Adult jail. A locked facility, administered by state, county, or local law
enforcement agencies, the purpose of which is to detain adults charged with
violating criminal law, pending trial. Also considered as adult jails are those
facilities used to hold convicted adult criminal offenders sentenced for less than 1
year.

Adult lockup. Similar to an adult jail except that an adult lockup is generally a
municipal or police facility of a temporary nature that does not hold persons after
they have been formally charged.

Collocated Facility. Facilities that are located in the same building or are part of
a related complex of buildings located on the same grounds.

Contact. Any physical or sustained sight and sound contact between juvenile
offenders in a secure custody status and incarcerated adults, including inmate
trustees. Sight contact is defined as clear visual contact between incarcerated
adults and juveniles within close proximity to each other. Sound contact is
defined as direct oral communication between incarcerated adults and juvenile
offenders.

Court holding facility. A court holding facility is a secure facility, other than an
adult jail or lockup, which is used to temporarily detain persons immediately
before or after detention hearings or other court proceedings.

Criminal-type offender. A juvenile offender who has been charged with or
adjudicated for conduct that would, under the law of the jurisdiction in which the
offense was committed, be a crime if committed by an adult.

Facility. A place, an institution, a building or part thereof, set of buildings, or an
area whether or not enclosing a building or set of buildings which is used for the
lawful custody and treatment of juveniles and may be owned and/or operated by
public and private agencies.

Juvenile offender. An individual subject to the exercise of juvenile court
jurisdiction for purposes of adjudication and treatment based on age and offense
limitations as defined by State law, i.e., a criminal-type offender or a status
offender.
9

Juvenile who is accused of having committed an offense. A juvenile with
respect to whom a petition has been filed in the juvenile court or other action has
occurred alleging that such juvenile is a juvenile offender, i.e., a criminal-type
offender or a status offender, and no final adjudication has been made by the
juvenile court.

Juvenile who has been adjudicated as having committed an offense. A
juvenile with respect to whom the juvenile court has determined that such
juvenile is a juvenile offender, i.e., a criminal-type offender or a status offender.

Non-offender. A juvenile who is subject to the jurisdiction of the juvenile court,
usually under abuse, dependency, or neglect statutes, for reasons other than
legally prohibited conduct of the juvenile.

Nonsecure Custody. A juvenile may be in law enforcement custody and,
therefore, not free to leave or depart from the presence of a law enforcement
officer or at liberty to leave the premise of a law enforcement facility, but not be in
a secure detention or confinement status.

Related complex of buildings. Two or more buildings that share physical
features, such as walls and fences, or services beyond mechanical services
(heating, air conditioning, water and sewer).

Secure Custody. As used to define a detention or correctional facility, this term
includes residential facilities that include construction features designed to
physically restrict the movements and activities of persons in custody such as
locked rooms and buildings, fences, or other physical structures. It does not
include facilities where physical restriction of movement or activity is provided
solely through facility staff.

Secure juvenile detention center or correctional facility. A secure juvenile
detention or correctional facility is any secure public or private facility used for the
lawful custody of accused or adjudicated juvenile offenders.

Staff secure facility. A staff secure facility may be defined as a residential
facility (1) which does not include construction features designed to physically
restrict the movements and activities of juveniles who are in custody therein; (2)
which may establish reasonable rules restricting entrance to and egress from the
facility; and (3) in which the movements and activities of individual juvenile
residents may, for treatment purposes, be restricted or subject to control through
the use of intensive staff supervision.

Status offender. A juvenile offender who has been charged with or adjudicated
for conduct which would not, under the law of the jurisdiction in which the offense
was committed, be a crime if committed by an adult. The following are examples
of status offenses: Truancy, Violations of curfew, Unruly, Runaway, Underage
possession and/or consumption of tobacco products, Underage possession
and/or consumption of alcohol.
10

Trained and certified to work with juveniles. At a minimum, this must include
training on youth development, adolescent physical and mental health, and nonviolent crisis intervention.

Waived to Adult Court. Formal process of transferring or direct filing a juvenile
case to the adult court for trial.
New Alabama Juvenile Justice Code 2008
12-15-204 (4)
STATUS OFFENDER. A status offender is an individual who has been charged with or
adjudicated for conduct that would not, pursuant to the law of the jurisdiction in which
the offense was committed, be a crime if committed by an adult. An adjudicated status
offender who violates the terms of his or her probation or aftercare remains a status
offender for purposes of Section 12-15-208(a)(1), unless the child is contemporaneously
adjudicated for having committed a delinquent act that is not a status offense. Status
offenses include, but are not limited to, the following:
a. Truancy.
b. Violations of municipal ordinances applicable only to children.
c. Runaway.
d. Beyond control.
e. Consumption or possession of tobacco products.
f. Possession and consumption of alcohol, which is a status offense by federal law,
even though considered a delinquent act by state law.
g. Driving under the influence pursuant to Section 32-5A-191(b), which is a status
offense by federal law, even though considered a delinquent act by state law.
12-15-102 (24)
SECURE CUSTODY. As used with regard to juvenile detention facilities and the
Department of Youth Services, this term means residential facilities with construction
features designed to physically restrict the movements and activities of persons in
custody such as locked rooms and buildings, including rooms and buildings that contain
alarm devices that prevent departure, fences, or other physical structures. This term
does not include facilities where physical restriction of movement or activity is provided
solely through facility staff.
12-15-208 (d)
Compliance with Separation. Accused or adjudicated delinquent children or status
offenders shall not have contact with adult inmates, including trustees. Contact is
defined to include any physical or sustained sight and sound contact. Sight contact is
defined as clear visual contact between adult inmates and accused or adjudicated
delinquent children or status offenders within close proximity to each other. Sound
contact is defined as direct oral communication between adult inmates and accused or
adjudicated delinquent children or status offenders.
No child shall enter under public authority, for any amount of time, into a secure setting
or secure section of an adult jail, lockup, or correctional facility as a disposition of an
offense or as a means of modifying his or her behavior (e.g., Shock Incarceration or
Scared Straight Programs).
11
COMPLIANCE MONITORING PERIOD AND REPORT
Designating the compliance monitoring reporting period is essential for providing
accurate yearly monitoring reports. An optimum twelve month monitoring period is the
soundest method because it leaves no room for statistical errors. The state will assure
the collection of a minimum 6 months of data for reporting on the DSO and Jail Removal
requirements and 12 months of data for the Separation requirement.
Alabama will report compliance on a federal fiscal year; October 1 through September
30. Therefore, the 2006-07 data collected and verified will result in the 2007 monitoring
report, and so on.
Procedures:
1.
Secure detention data will be collected and compiled from all adult jails/lockups
and juvenile detention/correctional facilities (and any other potential secure
settings) by the compliance monitor, by November 1st of each year.
2.
The state annual compliance monitoring report will be compiled, completed, and
sent to the Office of Juvenile Justice Delinquency Prevention by March
31st of each year.
12
MONITORING BARRIERS AND STRATEGIES
A description of the barriers facing the implementation of a compliance monitoring
system, as well as the state and local strategies for overcoming these barriers, is
necessary for the compliance monitoring process.
The procedure for identifying barriers and developing strategies will ensure that Alabama
maintains the consistency and integrity of the compliance monitoring system.
Procedure:
1
ADECA, with assistance from the compliance monitors, will submit information
for discussion to the Governor’s Advisory Committee regarding any barriers to
implementing and maintaining a compliance monitoring system.
2.
A written plan will be developed to outline the issues and the strategies to
address any identified barriers to reaching and/or maintaining full compliance.
The strategic plan may include, but is not limited to, the following activities:
Training
Administrative meetings
Pursuit of state legislation
Intensive problem solving with noncompliant agencies and facilities
3.
ADECA will maintain a central file containing strategic plans and activities.
13
VIOLATION PROCEDURES
Inspections or other mechanisms which identify incidence of noncompliance, or other
deficiencies which may be dangerous to confined juveniles, are only of value when a
particular agency can act to correct or eliminate the identified problem. Authority to deal
with violations is essential. Written violation policies and procedures should be available
so all concerned will know what is expected of them and what action is to be taken to
correct the identified problem.
Procedures:
1. The following state agencies responsible for the licensing and violation
procedures of secure facilities have developed procedures for those of juveniles
held securely per OJJDP regulations:
Alabama Department of Youth Services – DYS monitors all of their licensed
facilities annually, pursuant to department regulations and statutes. Any and all
violations are documented.
Alabama Department of Corrections - DOC monitors all of their licensed
facilities annually, pursuant to department regulations and statutes. Any and all
violations are documented.
2. The compliance monitors will be the primary agent to receive/discover JJDPA
compliance violations throughout the state.
3. The compliance monitors will verify the potential violation(s) on-site or by phone
to assure accuracy and collect any relevant documentation.
4. Once a violation has been verified and discussed with the responsible agency a
Facility Violation form will be completed recording the details. The report/form
will go to the facility, one copy will be filed in the facility file, and one copy will go
to ADECA.
5. If compliance violations become an issue in any given facility, ADECA and/or the
Governor’s Advisory Committee will write a letter to the entities responsible for
the violations, the purpose being to explain the consequences for said violations,
the measures necessary to come into compliance, and offer education/technical
assistance to realize full compliance with the Act.
6. If the violations are not adequately addressed or issues continue to arise, access
to formula grant funds may be denied.
Attachment:
Facility Violation Report
14
Facility Violation Report
Date: ___________________
Agency In Violation: _________________________________________________
Agency Address: ____________________________________________________
Agency Administrator: ________________________________________________
Date of Violation(s):
Violation Narrative:
Reason for Violation:
Suggested Follow Up:
Agency Response:
15
IDENTIFICATION OF THE MONITORING UNIVERSE
The OJJDP requires participating states to establish and maintain an adequate
monitoring plan and system for purposes of compliance with the JJDPA. Identifying the
monitoring universe is the first step in this process.
Identification of the monitoring universe refers to the identification of all facilities, which
might hold juveniles pursuant to public authority. This includes those facilities owned or
operated by public and private agencies.
Procedures:
1. Compliance monitors will identify all facilities that may hold juveniles pursuant
to public authority. Facilities will be identified, in concert with the state agencies
responsible for the licensing and inspecting of said facilities.
2. The following state agencies will be queried annually to ascertain what facilities
are available for the placement of children/youth:
Alabama Department of Human Resources – provides the list of licensed
programs and facilities used for the care of dependent, neglected and abused
children/youth throughout the state.
Alabama Department of Mental Health – provides the list of licensed programs
used in the care and treatment of mental health issues, and substance abuse
programs.
Alabama Department of Youth Services – provides the list of all licensed
programs used for the protection and correction of juveniles held pursuant to
public authority.
Alabama Department of Corrections – provides the list of approved facilities
used for the detention of convicted adult offenders.
Alabama Sheriff’s Association, Peace Officer’s Association and the Department
of Public Safety - provides their most recent lists of county sheriff departments,
and municipal police departments.
3.
All information gathered will be in included in the Monitoring Universe Book.
The annual update of the Monitoring Universe will be completed by December
31st.
16
CLASSIFICATION OF THE MONITORING UNIVERSE
Classification is a determination of which facilities should be considered secure
detention or correctional facilities, adult correctional institutions, jails or lockups or other
types of secure facilities and for monitoring based on the OJJDP regulations.
Annually, the monitoring universe is classified to determine which facilities should be
monitored for compliance with the JJDPA. This classification helps shape the timetable
and monitoring plan for the on-site inspection of facilities. There are three categories
used in the classification of each facility:

All facilities with the ability to hold juveniles pursuant to public authority are
classified as either public or private depending upon the supervision and control
of the facility/program.

All facilities are classified as to the population served; the potential to hold
juveniles, adults, or both populations within the facility/program.

The security level of each identified facility will be noted as well; the federal
definition of secure and nonsecure is utilized in this classification task.
Procedures:
1. The following four state agencies are responsible for the licensing and inspection
of juvenile and adult facilities are contacted to assist in the classification of the
facilities utilized per OJJDP regulations:
Alabama Department of Human Resources – Using the federal JJDPA
definitions, DHR will provide information on the security level of each facility,
populations served, and the standards utilized for licensing.
Alabama Department of Mental Health – Using federal JJDPA definitions, DMH
will provide information on program security levels, populations served and the
standards utilized for licensing.
Alabama Department of Youth Services – Using federal JJDPA definitions, DYS
will provide information on program security levels, populations served and the
standards used for licensing.
Alabama Department of Corrections - Using federal JJDPA definitions, DOC
will provide information on security levels, populations served and the standards
used for licensing.
2. The Sheriff’s Association and the Peace Officer’s Association provide support and
assist in updating and classifying the universe annually.
3. The compliance monitors will maintain the Facility Master List to determine the
necessary monitoring activity. Facilities classified as secure, public or private,
juvenile and/or adult will be subject to inspections
17
INSPECTION OF FACILITIES
The inspection of facilities is required in order to classify according to OJJDP regulations
and to review for adequate sight and sound separation of juveniles housed in facilities
which also detain adult offenders. Inspections are also conducted to determine if
adequate data and records are maintained on juveniles to monitor for compliance with
the core requirements of the JJDPA. Reports on each facility’s compliance or
noncompliance shall be available to the facility as a record of findings of the inspection.
Compliance monitors plan for and conducts the annual inspection of adult jails and
lockups, juvenile detention and correctional facilities. The compliance monitors
performs and or coordinates, with the appropriate oversight agency for a sampling of
non-secure facilities.
Procedures:
1.
The following four state agencies responsible for the licensing of juvenile and
child care facilities are contacted to assist in the inspection of the facilities utilized
per OJJDP regulations:
Alabama Department of Human Resources – DHR inspects all of their public
and private facilities annually consistent with licensing regulations. Licensing
includes a review of each facility security levels and youth records.
Alabama Department of Mental Health – DMH inspects all public and private
facilities annually consistent with licensing regulations. Licensing includes a
review of each facility security levels and youth records.
Alabama Department of Youth Services – DYS inspects all public and private
facilities annually consistent with licensing regulations. Licensing includes a
review of each facility security levels and youth records.
Alabama Department of Corrections - DOC inspects all adult correctional
facilities annually consistent with licensing regulations.
4. All jails, lockups and holding facilities securely detaining juveniles will be
subject to an inspection and review of records by the compliance monitors. All
adult facilities will be reviewed on-site every three years.
5. The compliance monitors will inspect DYS juvenile detention and correctional
facilities every three years.
6. Short-term detention (collocated) facilities are inspected annually by DYS. The
compliance monitors will inspect these facilities annually to assure compliance
with the JJDPA collocated facility requirements.
5.
The compliance monitors will sample DHR and DMH public and private
nonsecure facilities to assure their classification.
18
6.
Records will be maintained by the compliance monitors on the facilities
requiring inspection, including:
 the recordkeeping status of the facility,
 the date and findings of the last inspection, and
 facility layouts and related policies and procedures
19
DATA COLLECTION and VERIFICATION
It is necessary to check facility’s admission/release records to obtain accurate
information to calculate compliance with the core requirements of the JJDPA.
The verification of the data, through checking facility records against the records
submitted, is an essential component in accurately accessing levels of compliance with
the JJDPA.
Data sets to be reviewed are as follows:
Juvenile Detention Facilities:
. - Any nonoffenders held for any period of time
- Any accused status held over 24 hours prior to an initial court
appearance
- Any accused status and nonoffenders held over 24 hours after an initial court
appearance
- Any accused status offenders held for purposes other than processing
- Any adjudicated status offenders held for any amount of time without VCO
- Status offenders held for violating a VCO
- Out of state runaways
- Federal wards
- Youth handgun charges
- Any sight and sound separation violations
Juvenile Correctional Institutions
- Any adjudicated status or nonoffenders held for any period of time
- Any sight and sound separation violations
Adult Jails, Lockups and Holding Facilities
- Any accused status or nonoffenders
- Any adjudicated status or nonoffenders
- Any accused juvenile offenders held over 6 hours
- Any accused juvenile offenders held for purposes other than processing
- Any adjudicated juvenile offenders held over 6 hours awaiting a court appearance
- Any adjudicated juvenile offenders held over 6 hours following a court appearance
- Any adjudicated juvenile offenders held for any time unrelated to a court appearance
- Any sight and sound separation violations
- Any juveniles waived on transferred to adult court
Procedures:
1. The following state agencies responsible for the licensing of juvenile and adult
facilities are contacted to assist in the data collection of the juveniles held
securely per OJJDP regulations:
20
Alabama Department of Youth Services – DYS collects and provides, as
requested, information on all youth held securely.
Alabama Department of Corrections - DOC collects and provides, as requested,
information on all youth held securely.
2. The compliance monitors will collect the data recorded on the Juvenile Secure
Custody Detention Logs from adult jails and lock-up facilities.
3. During the on-site inspection, the compliance monitors will verify the information
collected with the information maintained in the facility records in adult facilities.
4. Sight and sound separation will be reviewed and adult detention records will be
reviewed if necessary to assure compliance with this requirement.
5. Minimum data to be collected on each youth detained securely includes:
 Name or ID#
 DOB or Age
 Race
 Ethnicity
 Sex
 Most Serious Charge/Offense
 Date and Time In and Out of Secure Custody
 Date and Time of Court Hearing (if applicable)
 County of Residence
 Release Placement
6. DYS facilities report information on juveniles detained to the compliance monitors
as well.
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VALID COURT ORDERS
The JJDPA provides that status offenders found to have violated a Valid Court Order
(VCO) may be detained securely in a juvenile detention of correctional facility as a
statutory exception to Section 223(a)(11)(A). Alabama utilizes the VCO Procedure.
The compliance monitor is responsible for collecting and verifying the information on
status offenders held in secure care facilities for violation of a VCO.
Procedures:
1. The compliance monitor will request data from DYS secure juvenile detention
facilities quarterly to determine which status offenders may have been held for
violation of a VCO.
2. The compliance monitor will annually request and review court and/or detention
files to assure the appropriate use of the forms and the VCO procedure. The
Alabama Administrative Office of the Court (AOC) is an invaluable resource in
accessing the necessary information.
3. Information regarding any violations will be shared with the responsible court.
4. A minimum of 10% of all VCO files will be reviewed by the compliance monitor to
determine compliance with state law and federal requirements.
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COLLOCATED FACILITIES
Federal Regulations issued pursuant to the JJDPA (Consolidated Regulation, 28
CFR Part 31, December 10, 1996) delineate four regulatory requirements which must be
met to establish a juvenile detention facility where such facility is located in the same
building as an adult jail or lockup, or is part of a related complex of buildings located on
the same grounds as an adult jail or lockup (hereafter referred to as a collocated facility).
DYS has developed standards for a short-term 72-hour juvenile detention facility within
an adult facility, also known as a collocated facility. In addition to the annual review by
DYS, ADECA, or its contractor will visit and complete the Collocated Facility Checklist
annually on all collocated facilities.
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TITLE V CERTIFICATION OF COMPLIANCE
In order to be eligible to apply for the Title V Delinquency Prevention funds, the applicant
unit of local government must be certified by the Alabama State Advisory Group as
being in compliance with the Deinstitutionalization of Status Offenders (DSO); Sight and
Sound Separation from Incarcerated Adults; Jail Removal; and Disproportionate Minority
Contact (DMC) of the JJDP Act of 2002.
The compliance certification applies to all facilities operated or contracted by the local
unit of government. To certify a unit of general local government on DMC compliance,
the SAG must determine that the level of cooperation and commitment is satisfactory to
support efforts to achieve the goals of the DMC provision.
The compliance certification applies to all facilities operated by or contracted by the unit
of local government. The certification must include any facility that is owned, operated or
contracted with by the unit of local government.
After awards are made, the compliance monitor must ensure that these communities
continue to comply. As part of the Title V grants program, a plan must be in place which
will identify and discontinue all Title V grants that fall out of compliance.
Procedures:
1.
Annually, a list of potential Title V applicants will be forwarded from ADECA to
the compliance monitor..
2.
The Certification of Compliance Form will be completed, using the most recent
year’s data, for each applicant.
3. Once the certification is complete, it will be forwarded to ADECA for the
signature of the Juvenile Justice Specialist then forwarded to the SAG Chair for
signature.
Attachment:
Certification of Compliance Form
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TITLE V CERTIFICATION OF COMPLIANCE
with the
Core Requirements of the JJDPA of 2002
Applicant Agency:________________________________________________________
Address:_________________________________________ County _______________
Description of community boundaries ________________________________________
Juvenile Census for this area ______________________________________________
List all facilities to be monitored for compliance under this application. This includes all
jails, lockups and juvenile detention centers accessible to the agencies and courts
serving this community.
Facility
V
DSO
Rate
Separation
V
Rate
Jail Removal
V
Rate
DMC
Yes
No
DSO = Deinstitutionalization of Status Offenders
DMC = Disproportionate Minority Contact
V = Number of violation recorded per facility
Rate = Juvenile population divided by 100,000 and the number of violation divided by that number
CERTIFICATION:
The applicant agency and all agencies in the defined community are (check one):
__________ In compliance with the core requirements
__________ NOT in compliance with the core requirements, but an acceptable
Compliance plan has been approved.
__________ NOT in compliance with the core requirements and no plan for compliance
has been approved.
______________________________________________________________________
Compliance Monitor
Date
______________________________________________________________________
Alabama Juvenile Justice Specialist
Date
______________________________________________________________________
Advisory Committee Chair
Date
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