Compliance Monitoring
In order to receive its full fiscal year allocation of Formula Grants program funds under the JJDPA, a state must first demonstrate compliance with the DSO, jail removal, separation, and DMC core requirements. Compliance with the first three core requirements is demonstrated through data provided in the state's annual Compliance Monitoring Report. Compliance with the RED Core Requirements is determined by information provided in the state's comprehensive Three-Year Plan and subsequent Three-Year Plan Updates. Full compliance with each core requirement is achieved when:
Deinstitutionalization of Status Offenders (DSO): a state has removed 100 percent of status offenders and non-offenders from secure detention correctional facilities.
Jail Removal: a state demonstrates that the last submitted monitoring report, covering 12 months of actual data, demonstrates that no juveniles were held in adult jails or lock-ups in circumstances that were in violation of the core protection.
Sight and Sound Separation: a state can demonstrate that (a) the last submitted monitoring report, covering a full 12 months of data, demonstrates that no juveniles were incarcerated in circumstances that were in violation of this requirement; or (b) the instances of noncompliance reported in the last submitted monitoring report do not indicate a pattern or practice but rather constitute isolated instances.
Racial and Ethnic Disparities: a state can demonstrate progress made each year in addressing specific delinquency prevention and system improvement efforts to reduce the rate of contact with the juvenile justice system of a specific minority group, if that rate is significantly greater than the rate of contact for whites or other minority groups.
In 2017 OJJDP issued a partial final rule on compliance standards for the DSO, jail removal, and sight and sound separation core requirements. These regulations will need to be updated to reflect the changes in the JJRA of 2018.