Federal Advisory Committee on Juvenile Justice
Summary of Meeting
Decmeber 9, 2004
The Federal Advisory Committee on Juvenile Justice (FACJJ) was convened
for its third meeting at 9:00 a.m. on December 9, 2004, at
the Capital Hilton Hotel, Washington, DC. The purpose of the
meeting was to allow the full committee to vote on the calendar year 2004
Annual Report to the President and Congress and the Report to the Administrator
of OJJDP. Prior to voting on the annual reports, Mr. J. Robert Flores,
Administrator of the Office of Juvenile Justice and Delinquency Prevention
(OJJDP), addressed the meeting. In addition, the advisory group's four
subcommittees - annual
report, grants, legal, and planning - met during a working lunch
to plan their activities for 2005. The subcommittees then presented
their reports to the full FACJJ where they were put to a vote
Juvenile Justice Advisory Committee Members Present
Chair: David R. Schmidt (Primary): New Mexico
Vice Chair: Hasan
Davis (Primary): Kentucky
Parliamentarian: Mark A. Johnson (Primary):
Joe M. Thomas (Primary): Alabama
Carol Brenkle (Alternate): Alaska
Derick Johnson (Alternate):
Stan Hanstad (Primary): California
Lindi Sinton (Primary):
Michael Arrington (Primary): Delaware
James Berry (Alternate):
District of Columbia
Robert M. Evans (Primary): Florida
Deborah Edwards (Alternate):
Christopher M. Duenas (Primary): Guam
Linda C. Uehara (Alternate):
Scott Mosher (Primary): Idaho
Patricia Connell (Alternate):
Robert Mardis (Primary): Indiana
Allison Fleming (Alternate):
Ken Moore (Primary): Kansas
Bernardine S. Hall (Primary):
Edwin Chester (Primary): Maine
James G. Kirk (Primary): Maryland
Robert Gittens (Primary):
Jeriel Heard (Primary): Michigan
Michael Mayer (Primary):
Alfred L. Martin, Jr. (Primary): Mississippi
Steven Rice (Primary):
Allen R. Jensen (Primary): Nebraska
Dan Prince (Primary):
Glenn Quinney (Primary): New Hampshire
B. Thomas Leahy (Primary):
Michael Elmendorf II (Primary): New York
Robin Jenkins (Alternate):
Tom Mullen (Primary): Ohio
Daniel Elby (Primary): Pennsylvania
Juan Casillas (Alternate):
Dottie DeFeo (Alternate): Rhode Island
Harry Davis, Jr. (Primary):
Janine Kern (Primary): South Dakota
Cindy Durham (Primary):
Charles Brawner (Primary): Texas
Dick Smith (Primary): Vermont
Robert E. Shepherd, Jr. (Primary):
Ann Carey (Primary): Washington
Fred P. McDonald (Primary):
John E. Frentheway (Primary): Wyoming
American Samoa, Arkansas, Connecticut, Missouri, Northern Marianas, Oklahoma,
Oregon, Utah, and Wisconsin were not represented at this meeting.
Office of Juvenile Justice and Delinquency Prevention
Greg Thompson: Associate Administrator
Chyrl Andrews: Deputy
Timothy Wight: Outgoing Designated Federal
Robert Samuels: Acting Designated Federal Official
as of 1/1/05
Juvenile Justice Resource Center
Daryel Dunston: Federal Efforts
Wanda Keyes, Project Coordinator
Observers at Open Meeting
David J. Doi, Coalition for Juvenile Justice,
Marion Mattingly, Editor, Washington, DC
Jenise "Jo" Patterson, Washington,
Welcome And Opening Remarks
Chairman David Schmidt (NM) called the meeting to order and welcomed participants.
He noted the impressive turnout for a 1-day meeting and thanked those who
had to travel some distance to attend the meeting. He pointed out that
the committee has come a long way in 1 year as a cohesive group. He thanked
the subcommittee co-chairs for their great leadership and said he is proud
of the work the advisory committee has accomplished thus far. Mr. Schmidt
then introduced Mr. Flores.
Mr. Flores welcomed the participants and brought them up to date on a
number of OJJDP activities.
National Conference on Truancy: OJJDP, in partnership with the
U.S. Department of Education (ED), concluded a 2 ½-day national
conference on truancy on December 8. Mr. Flores noted this partnership
illustrates that federal agencies can work together.
Agency Collaboration: Mr. Flores reported much is happening behind
the scenes regarding collaboration among federal agencies. The U.S. Department
of Labor (DOL) has about $3.5 billion available to provide job training
for youth. DOL is changing the focus of this program so that a substantial
amount of the funds can be targeted at young people who are aging out of
the foster care system, dropping out of school, and leaving detention facilities.
Mr. Flores noted that if even 10 percent of this money starts going to
youth in the juvenile justice population, it would be the equivalent of
a $350 million-effort to provide job training to youth in the juvenile
Partly as a result of work by the Coordinating Council on Juvenile Justice
and Delinquency Prevention (another federal advisory group overseen by
OJJDP), DOL is working to coordinate with the U.S. Department of Health
and Human Services (HHS) and the U.S. Department of Housing and Development
(HUD) in the job training program. Mr. Flores told the advisory committee
that he hoped that in the next 12 months, they will see significant changes
in their states in what federal agencies are communicating to their counterparts
at the state level and in actual programming.
The Office of Justice Programs (OJP) hopes to have a "what works" registry
of programs available soon. The registry will be unified across HHS and
the Education Department as well as DOJ and will list programs that are
backed by research and evaluation. OJP hopes this registry will simplify
the grant application process, especially for smaller grantees.
Mental Health: Mr. Flores said the issue of mental health is another
OJJDP priority. Congress made the issue an OJJDP responsibility last year,
and OJJDP and HHS have had several substantive meetings about mental health
Advisory Committee Activities: Mr. Flores noted that OJJDP elevated
the importance of the advisory committee a year ago and worked to increase
its ability to impact national policy. He pointed out that committee members
represent the views of their governors and have the ability to be much
more in touch with the actual way things play out in the lives of children.
He praised the committee for its accomplishments; thanked Mr. Schmidt for
his leadership; and applauded Tim Wight, the Designated Federal Official
(DFO), for his efforts over the past year. He also announced that Mr. Wight
would be leaving OJJDP shortly after the December meeting to join OJP's
Bureau of Justice Assistance. Mr. Flores then introduced Bob Samuels as
the next Acting DFO. Mr. Samuels is a senior member of OJP. He directed
the Office of Weed and Seed for a number of years; has experience with
law enforcement and community advocacy; and brings with him experience
in both substance and process.
OJJDP Budget Issues: The House and Senate 2005 appropriations conference
report made it appear that OJJDP would receive $20 million more than expected.
Mr. Flores said a closer look at the budget shows the increase is largely
due to more than $120 million in earmarks. The budget also contains language
that gives OJJDP greater flexibility to fund expanded training and technical
assistance (T&TA;). In recent years, T&TA; amounts were small and
came from very limited pots of money. Mr. Flores explained that the budget
now provides "10 and 2" language, which allows the office to
use 10 percent of program funding for research, evaluation, and data collection,
and 2 percent for T&TA.;
Mr. Flores also touched on the accountability-based sanctions supplement
to the Formula Grants program. The fiscal year (FY) 2004 budget did not
include the supplement (which had been part of the budget since 1998) and
Mr. Flores said he was not sure yet if the problem had been addressed in
the 2005 budget. He added that unlike last year, when OJJDP was able to
reallocate deobligated Formula Grant funds to address the loss of the supplement,
he does not have the funds to make up the change in allocations. This could
have significant consequences for the states.
OJJDP also is continuing to discuss whether the Title V Community Prevention
Grants Program (Title V) should be changed from a formula-based block grant
program to a discretionary program. Mr. Flores was asked how the office
would set up the program if it becomes a competitive bid process. For example,
would states compete nationally, regionally, or among similarly populated
states for the money? Mr. Flores said the office is looking at number of
possibilities. He stressed that OJJDP must strive to cooperate and work
with other federal agencies that have prevention dollars in order to make
a difference in the lives of children.
Mr. Flores also noted that Congress budgeted $15 million for juvenile
mentoring programs. Although some of this money will go to the national
office of Big Brothers/Big Sisters, Mr. Flores said the remaining amount
will allow OJJDP to continue to be a significant player on the mentoring
SAG Meetings: Mr. Flores concluded his remarks by saying he would
like to meet with State Advisory Groups (SAGs) over the next year to learn
firsthand about the issues with which states are dealing
Mr. Schmidt thanked Mr. Flores for his comments, time, and efforts on
the committee's behalf. The chair called on Robert Shepherd (VA),
Co-Chair of the Annual Report Committee.
Annual Report Proceedings
Mr. Shepherd preceded the Annual Report Committee report by presenting
a one-page resolution that acknowledged and thanked Mr. Wight for his outstanding
support of the advisory committee in 2004 and for exhibiting great patience
and congeniality with the members and subcommittees of the advisory committee.
Mr. Shepherd moved that the full advisory committee adopt the resolution
and it was unanimously seconded by all those present. After receiving a
standing ovation, Mr. Wight thanked everyone and said he has always been
in awe of the dedication each of the committee members has toward juveniles
and children throughout the country and their willingness to serve on a
committee like FACJJ.
Mr. Shepherd then presented the 2004 annual report of the advisory committee
to the President and Congress and the separate report to the OJJDP Administrator.
He acknowledged the work of the subcommittee members, who met in Washington,
DC, in the spring of 2004 and held numerous phone conference calls before
presenting drafts of the reports to the full advisory committee in Denver
in July. Controversial issues were debated and suggestions for improving
the reports were presented in Denver. Mr. Shepherd said there had been
ample opportunity for committee members to have input into the final reports
and noted that report writer Kay McKinney had actively solicited information
from members who had requested that additional information be inserted
into the reports. He then moved that the full advisory committee adopt
the two annual reports for publication and transmittal to the designated
individuals and Congress.
During the ensuing discussion, Joe Thomas (AL) said that after consulting
with his state's governor and congressional delegation, he supported
the annual reports wholeheartedly except for Recommendation 13 (which addresses
the death penalty) in the report to the President and Congress and that
he would not vote for the report for that reason. Juan Casillas asked that
he be listed in the reports as the primary member from Puerto Rico. Mr.
Wight indicated the correction would be made if OJJDP has appropriate documentation
from the governor of Puerto Rico. Chuck Brawner (TX) asked to substitute
the motion on the floor to approve the two reports with a motion to vote
on the reports separately. His motion was seconded and approved. (Mr. Flores
then left the meeting so the committee could freely discuss the two reports.)
Mr. Shepherd moved that the report to the OJJDP Administrator be approved.
It was seconded and passed with no further comment. Mr. Shepherd then moved
the committee approve the Report to the President and Congress. The motion
carried with no votes from Mr. Thomas and Mr. Brawner.
Subcommittee Reorganization and Other Topics
Mr. Shepherd announced one change in the Annual Report Committee for 2005.
Pat Connell (IL) will replace Susan Morris (OK) as Co-Chair of the committee.
Mr. Schmidt urged those who had not signed up to be on one of the four
subcommittees to do so and he also asked if members who wished to switch
committees to do so.
OJJDP was asked to provide information about which governors have and
have not appointed successors to the advisory committee for 2005 and if
a calendar has been set up for 2005 activities. Mr. Wight provided a list
of reappointments received to date and asked the Planning Committee to
discuss the calendar and provide recommendations to OJJDP. The office will
make the final determination about the time and place of future meetings.
Mr. Wight also noted it may be difficult to achieve the Spring/Fall cycle
of meetings discussed in Denver in July.
The issue of terms limits was also raised. The current charter (Section
H) states that members are to serve on the advisory committee for a term
of 2 years and that no member may serve more than two consecutive terms.
Members expressed concern about not allowing primary members to serve as
alternate members (and vice versa) once their original terms have ended.
In addition, the terms of alternate and primary members end at the same
time, allowing for no continuity. Mr. Wight said the two-term limits were
instituted in an effort to get a more balanced membership. Before the advisory
committee was restructured last year, its membership was comprised of the
chair of every SAG. That created a problem because SAG chairs cannot be
government employees, therefore no one from law enforcement, education,
state administering agencies, etc., was represented on the advisory group.
OJJDP wanted a balance of nongovernment and government representation on
the new advisory committee because the office wanted it to reflect the
diversity of SAG membership within the states. Mr. Wight recommended that
the Legal Affairs Committee discuss the issue and present any recommendations
to the full advisory committee.
Mr. Schmidt adjourned the meeting for a working lunch and directed the
subcommittees to meet to prepare their recommendations to the chair for
presentation to the FACJJ after lunch.
Following lunch, Mr. Schmidt asked for subcommittee reports.
Legal Affairs Committee: Co-Chair B. Thomas Leahy (NJ) read the
following recommendations from the subcommittee:
- Recommendation 1: The subcommittee recommends to
OJJDP that Section H (Membership) of the Charter be amended
to include a sentence that says "The interpretation
of "member" will mean the "primary" member.
This would permit an alternate to be appointed as a primary
member after a primary member has served his or her two terms.
- Recommendation 2: The subcommittee recommends to
OJJDP that Section H of the Charter and the coinciding language
on page 16 of the Bylaws be amended by striking the current
language and substituting the following: "The primary
member and the alternate shall be recommended to the Administrator
of OJJDP by the Chief Executive of the jurisdiction at his/her
discretion. There shall be no term limits for the primary
member and/or the alternate. The Administrator of OJJDP should
encourage the Chief Executive to obtain input from the SAG
as to whom from the SAG to appoint as the primary member
and/or the alternate."
The FACJJ adopted these two recommendations.
- Recommendation 3: The subcommittee recommends that
the Planning Committee schedule FACJJ meetings for 2005 and
the Annual Report Committee submit requests for SAG input
for the 2006 annual reports and circulate the resulting suggestions
to the full FACJJ sufficiently in advance of the Fall meeting.
This will enable the full FACJJ to have input as the Annual
Report Committee begins working on the 2006 annual reports. Discussion: A
lively discussion between Mr. Shepherd and members of the
Legal Affairs Committees ensued. Recognizing that the Annual
Report Committee is already working on the 2005 report (see
next recommendation), Mr. Leahy stressed this recommendation
addresses the 2006 report and is designed to help FACJJ members
be more involved at the beginning of the report process.
As it now functions, the Annual Report Committee receives
suggestions from the SAGs, analyzes and evaluates them, then
drafts the annual reports without FACJJ members having a
chance to see the submissions. Various Legal Affair Committee
members stressed they simply want to see what the states
have suggested and work with the Annual Report Committee
in prioritizing topics before the reports are drafted. Mr.
Shepherd, although fully concurring with advancing the schedule
for the submissions of recommendations so that they would
be due prior to the Fall meeting, expressed several major
concerns, including having the whole body discuss the recommendations
before Annual Report Committee members have had a chance
to discuss and make a preliminary screening of the submissions.
He also raised issues of meeting deadlines and the problems
associated with writing and editing publications with multiple
authors. The FACJJ subsequently approved this recommendation
- Recommendation 4: The subcommittee recommends that
the Annual Report Committee compile SAG suggestions for the
2005 reports and distribute the suggestions to FACJJ members
prior to the Spring 2005 meeting. Discussion: Another
lively debate ensued. Members of the Legal Affairs Committee
said because the Annual Report Committee will have prepared
a first draft of the 2005 annual reports by the Spring meeting
in April, they simply want to see what issues the states
identify in their responses to the survey, which are due
Jan. 14, 2005. Mr. Shepherd said the Annual Report Committee
had already prepared a work plan for the 2005 report, which
does not include this extra step. It was finally agreed that
all FACJJ members will receive a copy of the initial compilation
of the states' responses to the survey and the tabulation
of topics and states submitting them at the same time the
Annual Report Committee receives this information from the
Annual Report Writer. A motion to call the question was made
and passed. The recommendation then passed on a roll call
Planning Committee: Co-Chair Harry W. Davis Jr. (SC) read the following
recommendations from the subcommittee:
- Recommendation 1: The subcommittee recommends that
FACJJ meetings be expanded from 1 day to 1 ½ days to
allow for presentations or training sessions. Suggested topics
include disproportionate minority contact, youth aging out
of the juvenile justice system, alternatives to detention,
and mental health. Discussion: Mr. Wight said such
training is out of the scope of legislation that created
the FACJJ. The advisory committee's role is to provide
recommendations to the OJJDP administrator on the operation
of the office and recommendations to the President and Congress
on juvenile justice issues. The legislation also requires
that OJJDP provide training and technical assistance to SAGs,
which OJJDP does through the Coalition on Juvenile Justice
(CJJ). Mr. Wight noted it is important to keep the advisory
and training functions separate. He also urged FACJJ members
to take advantage of the training opportunities OJJDP provides
through CJJ and other grants. A member of the Annual Report
Committee noted the Fall meeting will need to be more than
1 day if FACJJ members are to discuss the SAG responses to
the next survey and the topics to be included in the 2006
annual reports. Chairman Schmidt rephrased the motion (deleting
the language about training) so that the proposal read that
the Planning Committee recommends that FACJJ meetings be
extend to 1 ½ days with the added time being used to
meet the legal responsibilities of the FACJJ. The motion
passed as restated.
- Recommendation 2: The subcommittee recommends that
the 2005 FACJJ Spring meeting be held in Washington, DC,
on April 18th with a half day to be added either the day
before or day after. The motion carried.
- Recommendation 3: The subcommittee recommends that
the Fall meeting be held during the first week of December
in San Antonio, TX, with the same 1 ½- day format as
the April meeting. Discussion: Because OJJDP has to
coordinate FACJJ meetings with other meetings on its schedule,
Mr. Wight said the DFO sets the meetings days, times, and
location; the office will consider the Planning Committee's
suggestions. Mr. Davis stressed that FACJJ and OJJDP need
to make a commitment about where the meeting is to be held
and at least select a month as soon as possible in order
to find meeting space and favorable rates. Mr. Davis then
rephrased the motion into recommending that the location
of the Fall meeting be San Antonio. The chair accepted the
new wording and the motion carried. The DFO will discuss
the dates of the meeting with the Planning Committee members
as expediously as possible.
Finally, Mr. Davis reminded FACJJ members that survey responses for the
2005 annual reports are due Jan. 14, 2005, and implored members to prod
their states to comply with that deadline.
Grants Committee: Co-Chair Allison Fleming (IA) presented the following
recommendations from the subcommittee:
- Recommendations 1 and 2: The subcommittee urges
that FACJJ recommend to the OJJDP Administrator that OJJDP
continue the current formula-based distribution of Title
V Incentive Grants for Local Delinquency Prevention monies.
The subcommittee believes that without a state distribution
there is a disincentive for states and Congress to be supportive
of future funding; that some states do not have the capacity
to compete effectively in a competitive grant process; and
that juvenile justice decisions should be made at the state
level rather than at the federal level. Recommendation
2: The subcommittee asked that FACJJ convey this recommendation
to the OJJDP Administrator immediately. Both recommendations
- Recommendations 3 and 4: The subcommittee urges
FACJJ to recommend to the President and Congress that Congress
amend the FY 2005 Juvenile Justice and Delinquency Prevention
Act appropriation to ensure that accountability-based sanctions
supplement language, which was in the FY 03 appropriations,
is included in the 2005 appropriation. The supplement language
was removed in the FY 2004 appropriations. As noted earlier,
OJJDP was able to find the money to make up that difference
but Mr. Flores indicated in his remarks that OJJDP does not
have the extra money to make up the difference this year. Recommendation
4: The subcommittee asked that this motion be conveyed
to the President and Congress immediately. Both motions carried.
- Recommendation 5: Because of the potential to affect
a state's funding, the subcommittee recommends that
FACJJ ask OJJDP to clarify the options for juveniles sentenced
under blended sanctions and or youthful offender programs.
For example, a juvenile who has been transferred or waived
to the jurisdiction of a criminal court may be detained or
confined in a juvenile facility with other juveniles who
are under the jurisdiction of the juvenile court. Or, a juvenile
court may sentence an offender to a juvenile correctional
facility for a time period during which the offender may
come to exceed the age of the court's extended jurisdiction.
The subcommittee is requesting clarification for these types
of situations. The motion passed.
- Recommendation 6: The subcommittee recommends that
FACJJ encourage the OJJDP Administrator to continue developing
mutually beneficial funding streams for juveniles with ED,
DOL, and HHS. The motion passed.
The Grants Committee also supports the "10 and 2" funding
language Mr. Flores discussed in his remarks regarding OJJDP's budget.
Annual Report Committee: Co-Chair Bob Shepherd gave the subcommittee's
The subcommittee has developed a timeframe for developing the 2005 annual
reports, which will be based on states' responses to the survey FACJJ
initially distributed in October 2004. (Responses are due Jan. 14, 2005).
The survey asks states to submit the top five problems they identified
in their 3-year plans and to suggest any additional recommendations to
be considered. OJJDP and FACJJ will again use Ms. McKinney as the report
writer. She will consolidate and group survey results by subject area and
themes and compile the number of states that have listed a particular recommendation.
The subcommittee will involve the full FACJJ membership in the process
as soon as possible. The subcommittee will meet Feb. 25 and 26, 2005, in
Washington, DC, to start working on the report so initial drafts will be
ready to circulate at the Spring meeting.
After some closing comments, Mr. Schmidt adjourned the meeting.
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