Perf-Based Stds, Juvenile Correctional Facilities, 5th Ed_DEC 2024

Part 3: Justice and Order

Legal Commitment 5-JCF-3A-22 (Ref 4-JCF-3A-21)

Juveniles’ legal commitment authority is documented by court order, statute, or compact. Materials in the case file are clearly identified as to source, verifi cation, and confidentiality. Comment : Regardless of the reason for commitment to the facility, each juvenile’s file should contain evidence of legal commitment.

Protocols : Written policy and procedure; statutes.

Process Indicators : Documentation of commitment authority; juvenile records.

Release Practices 5-JCF-3A-23 (Ref 4-JCF-3A-22)

The release practices and criteria employed by the releasing authority in making decisions are explained to the juvenile and are available in written form These practices are as follows: 1. Specific enough to permit consistent application to individual cases. 2 Juveniles have access to the information on which release decisions are based, except information that, in accordance with the authority’s written policy, is specifically classified as confidential for good and sufficient rea sons, and is so designated 3 Juveniles are given the reasons for deferral of release, and the decision is recorded in the case record Comment : The releasing authority clearly and explicitly articulates the basis of decision-making judgment. This is necessary for the equitable operation of the field-supervision system and for the public and juveniles understanding. In general, there is an expectation that a tentative release date, once fixed, will be observed unless sound reasons to the contrary are evidenced. From time to time, sufficient information will come to an authority’s attention to require it to defer a date. In such a case, the authority makes a record of the specific reasons for the deferral of release and fixes a definite time for the next review of the case. The aim is to keep a clear release date, known to juveniles and corrections officials, and to articulate the reasons for various actions taken by the releasing authority. Tem porary delays may be required because of circumstances surrounding a specific release plan or situation. These delays should be quite brief—no more than a few days—and con- trolled by authority policy and appropriate administrative review. Protocols : Written policy and procedure; written release criteria; statutes that may apply.

Process Indicators : Copies of release and deferral decisions; orientation handbook.

Juvenile Correctional Facilities, Fifth Edition 37