Information on MIP Offenses
In 2011 the federal Office of Juvenile Justice and Delinquency Prevention - OJJDP released new guidance for states regarding Minor in Possession of Alcohol - MIP offenses. Based on a determination from the Office of Justice Programs’ Office of the General Counsel, OJJDP now considers youth charged with MIP/MIC (alcohol) offenses to be accused delinquent offenders (NOT status offenders). OJJDP recommends agencies continue the practice of not securely detaining juveniles under the age of 18 in adult facilities for MIP/MIC, and the federal Office is committed to pursuing a statutory amendment to the federal Juvenile Justice and Delinquency Prevention Act that would include MIP offenses as status offenses under federal law.
Our Office will provide updates to you regarding this issue as it becomes available from the federal OJJDP. The March 2011 memorandum to the states from the Acting Administrator of OJJDP provides background information on this determination.
It is recommended that law enforcement agencies continue the SOP of not securely detaining juveniles under the age of 18 for MIP/MIC for any length of time in adult lockups, holding facilities and jails.
Information on Holding Juveniles
Posters are available from the OJJ/WA-PCJJ that provide a summary of federal and state laws for facilities. Postcard size resource cards are also available on holding juveniles in secure custody.
To request free posters or resource cards "Holding Juveniles in Secure Custody" please contact Aaron Moore. To expedite your request please include your mailing information, contact name and phone number.
Resources and Links
- Department of Justice Final Rule and Executive Summary for adult and juvenile facilities
- National PREA Resource Center
- Office of Juvenile Justice, one page summary handout on PREA, including WASPC and CJTC contacts
- Center for Children's Law and Policy Reference on Understanding the Impact of PREA Standards
- Flow Chart to determine if a Juvenile is in a Secure Custody Status in an Adult Jail or Lockup
- OJJDP Guidance Manual for Monitoring Facilities
- Guidance Manual for Washington State Compliance Monitors
Forms
- Background Information, Juvenile Justice & Delinquency Prevention Act - JJDP, Federal & State Requirements
- Policies & Procedures
- Apr-Sept 2017 Survey of Adult Lockups, Holding Facilities & Jails (6-month Self-Reporting Form)
- Certification Form - Memo to Secure Agencies by Policy Don't Hold
- Individual Data Collection Form
- Sample Certification Letter for Agencies
- Sample Certification Letter for Non Secure Facilities
- Sample Custody Log