NCJ Number
89298
Date Published
1983
Length
111 pages
Annotation
The revolution in juvenile justice in West Virginia occurred through State supreme court rulings, new legislation, and executive action to implement legislative reforms bearings upon due process, diversion, deinstitutionalization, and decriminalization.
Abstract
The revolution in juvenile justice in West Virginia must be viewed in the context of a national climate of change in juvenile justice spearheaded by U.S. Supreme Court decisions and the enactment of the 1974 Federal Juvenile Justice and Delinquency Prevention Act (JJDP). The Supreme Court decisions in Kent and Gault mandated certain due process rights that must be protected in juvenile justice processing, and the JJDP provides incentives for juvenile diversion, deinstitutionalization, and decriminalization. JJDP guidelines for Federal funding in juvenile justice provided for (1) the separation of all detained or confined juveniles from adults convicted of crimes or awaiting trial, (2) the removal of all status offenders and nonoffenders from public and private confinement, and (3) the development of alternatives to incarceration. West Virginia became eligible for Federal dollars under JJDP in 1977 due to actions taken by all three branches of State government. On March 22, 1977, the State supreme court ruled in Harris v. Calendine that status offenders must not be incarcerated in secure facilities and that alternatives must be sought. Less than 1 month later, the legislature passed Senate Bill 200 to comply with the Harris ruling and other JJDP guidelines. The Governor appointed a committee of citizens to serve as the State Advisory Group for the administration of JJDP funds and ascertain that the JJDP guidelines were being followed in the State. Current plans for further change in the juvenile justice system in West Virginia are described. Tabular data, 20 footnotes, and 72 references are provided.