The purpose of the FACJJ is to analyze, review, and examine legislation, research, policies, regulations, practices, and/or operations and to advise the President, Congress, and the OJJDP Administrator about the issues that affect juvenile justice and delinquency prevention throughout the nation. The Juvenile Justice and Delinquency Prevention Act (Section 223) established the committee, and the Office of Juvenile Justice and Delinquency Prevention (OJJDP) supports the committee.
The representatives of the committee, made up of 14 members from the nation’s state advisory groups, meet four times a year to discuss and collaborate on ways to address issues that impact youth within the juvenile justice system. A chairperson and vice-chairperson run the meetings, and they ensure that the whole committee hears and considers all issues. The committee also has subcommittees that focus on well-defined topics and strive to provide the best information and data for the whole committee to consider.
The FACJJ welcomes and encourages the public to submit comments and concerns for review and consideration.
Membership in the FACJJ is an opportunity for state advisory group (SAG) members to communicate and collaborate more closely with OJJDP leadership and staff, forge stronger relationships among states and territories, and provide timely responses to legislative, policy, and program matters through the committee. The FACJJ is instrumental in bringing the states’ and territories’ emerging issues and concerns to the attention of the President, Congress, and OJJDP Administrator.
Committee membership is comprised of 14 members of the nation’s SAGs and represents a diversity of perspectives, affiliations, subject matter expertise, experiences, gender, race, age, and geographic location. Each member, regardless of jurisdictional group, represents the perspectives of all state and juvenile justice advisory groups. FACJJ members are selected to serve for a 2-year term that can be renewed once for a total of a 4-year commitment.
The OJJDP Administrator selects and appoints new FACJJ members from among those applicants who meet the eligibility criteria, have submitted timely completed applications, and whose membership will help build a collective federal advisory committee.
1. Committee's Official Designation
This committee is designated the Federal Advisory Committee on Juvenile Justice ("FACJJ").
The Juvenile Justice and Delinquency Prevention Act of 1974, 34 U.S.C. § 11101 et seq., (the "Act"), provides, at 11133(f), that the Administrator (the "Administrator") of the Office of Juvenile Justice and Delinquency Prevention ("Office") shall provide support to an eligible organization composed of member representatives of the state advisory groups to assist such organization in carrying out its functions, which include the provision of advice to the President, the Congress, and the Administrator, under the terms set forth in 34 U.S.C. § 11133(f)(2)(C)-(E).
The FACJJ charter is being renewed pursuant to the authority of the Federal Advisory Committee Act (FACA), 5 U.S.C. Appendix 2 § 14, and 41 C.F.R. § 102-3.50(c).
3. Objectives and Scope of Activity
The purpose of the FACJJ is to review federal policies regarding juvenile justice and delinquency prevention; advise the Administrator with respect to particular functions or aspects of the work of the Office; advise the President and Congress with regard to the operation of the Office and federal legislation pertaining to juvenile justice and delinquency prevention; and to provide advice on any other matters as requested by the Office. The Act provides at section 11114(b)(1) that the Administrator shall “advise the President through the Attorney General as to all matters relating to federally assisted juvenile delinquency programs and Federal policies regarding juvenile delinquency.”
4. Description of Duties
As directed by the Office, the FACJJ shall analyze, review and examine work products, legislation, research, fiscal and technical support, policies, regulations, practices and/or operations of the Office to better provide advice to the President, Congress and the Office as these pertain to and affect juvenile justice and delinquency prevention throughout the Nation.
5. Agency or Official to Whom the FACJJ Reports
The FACJJ shall report to the Attorney General through the Administrator of the Office.
The Office shall provide necessary support services for the FACJJ.
7. Estimated Annual Operating Costs and Staff Years
The estimated annual operating costs associated with supporting the Committee's functions are estimated to be $275,000 per year, including all direct and indirect expenses. This estimate includes costs associated with the equivalent of 45% of one full-time government employee to support the activities of the Committee.
8. Designated Federal Officer
A full-time or permanent part-time federal employee, appointed in accordance with agency procedures, will serve as the Designated Federal Officer (DFO) and/or alternate DFO. The DFO may also appoint an alternate DFO to carry out the work in the DFO's absence or assist with FACJJ work. The DFO will approve or call all meetings of the FACJJ and any subcommittees; prepare and approve all meeting agendas; attend all FACJJ and subcommittee meetings; adjourn any meeting when the DFO determines adjournment to be in the public interest; and chair meetings when directed to do so by the Administrator of the Office.
9. Number and Frequency of Meetings
It is anticipated that FACJJ will meet up to twice a year in person and otherwise as needed or required via webcast, webinar, or teleconference or other electronic means.
The FACJJ is continuing as required under Section 2.
11. Termination Date
This FACJJ charter shall expire two years after the Charter's filing date, and is subject to renewal biennially.
The FACJJ will be composed of 14 member representatives of the State Advisory Groups appointed under 34 U.S.C. § 11133(a)(3). No member may serve more than two two-year terms (four years total) on the FACJJ (including any successor advisory committee formed pursuant to Title II of the Act), except as specified in the By-Laws of the FACJJ.
The Administrator has the authority to create subcommittees of the FACJJ. All subcommittees report to the FACJJ, and may not provide advice or work products directly to the Office.
The records of the FACJJ, formally and informally established subcommittees, or other subgroups of the FACJJ, shall be handled in accordance with General Records Schedule 6.2. These records shall be available for public inspection and copying, subject to the Freedom of Information Act, 5 U.S.C. 552.
15. Filing Date
The filing date is the date the charter is filed with Congress.
Dated this 6th day of February 2019 by:
Matthew G. Whitaker
Acting Attorney General
U.S. Department of Justice
Section I: Membership Responsibilities, Terms, and Replacement
Membership in the Federal Advisory Committee on Juvenile Justice ("Committee") includes the responsibility to be knowledgeable about the Juvenile Justice and Delinquency Prevention Act (JJDPA) other federal legislation directly related to the JJDPA, and to encourage all states to maintain compliance with the four core protections of the JJDPA. It also includes the responsibility to attend Committee meetings in person or by its functional equivalent (e.g. teleconference, videoconference, and webcast) and to contribute to the work of the Committee, including participation in subcommittee work. The Administrator ("Administrator") of the Office of Juvenile Justice and Delinquency Prevention ("OJJDP") reserves the right to remove any member who is unable to fully participate in Committee meetings and to determine eligibility for reappointment, subject to the provisions below.
Members are limited to an initial two-year or three-year term. A three-year term will only be used when necessary to stagger vacancies within a jurisdictional group. All terms will start on October 1 and run through September 30 of the second or third year. Members in good standing can be reappointed for a two-year term.
Section II: Member Vacancies
In the event of a member vacancy caused by resignation, dismissal, incapacity, death, or otherwise OJJDP may then invite eligible State Advisory Group members to apply to serve and fill the vacancy. Upon acceptance of an application by the Administrator, the new member will serve for the remainder of the vacated term.
If the remainder of the former incumbent's term exceeds one year from the date of removal, the nominee may serve an additional term beyond the expiration of the former incumbent's term. If the duration of the former incumbent's term is one year or less from the date of removal, the nominee may serve two additional full terms beyond the expiration of the former incumbent's term, consistent with Section 1.
Section III: Meeting Procedures
Meetings shall be called by the Designated Federal Official (the "DFO") in consultation with the Chair, consistent with the following:
A. Location: The DFO shall select the location of the Committee meetings.
B. Quorum: A majority of the members shall constitute a quorum.
C. Agenda: The agenda for all meetings shall be developed by the Chair/Vice-Chair subject to the approval of the DFO, who shall distribute the approved agenda to the members prior to each meeting and publish the agenda, with the notice of the meeting, in the Federal Register. Items for the agenda may be suggested to the DFO and/or the Chair/Vice-Chair by any member of the Committee and by non-members, including members of the public.
D. Minutes and Records: The DFO shall prepare and certify as accurate minutes of each meeting and shall distribute copies to each member. Minutes of open meetings shall be sent to the Chairs of all State Advisory Groups. Also, minutes of open meetings shall be available to the public upon request; minutes of closed meetings also shall be available to the public upon request, subject to the withholding of matters exempt from disclosure under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, the public disclosure of which would be harmful to the interests of the Government, industry, or others. The minutes shall include a record of the persons present (including names of members, staff, and members of the public from whom written or oral presentations were made) and a complete and accurate description of the matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the Committee. All documents, reports, or other materials prepared by, or for, the Committee constitute official government records and shall be maintained by OJJDP as required by the Federal Advisory Committee Act ("FACA"), 5 U.S.C. App. 2, and its implementing regulation, 41 C.F.R. 102-3.
E. Open Meetings: Unless otherwise determined in advance, all meetings of the full Committee shall be open to the public. Once an open meeting has begun, it shall not be closed to the public prior to adjournment for any reason. All materials brought before, or presented to, the Committee during the conduct of an open meeting, including the minutes of the proceedings of an open meeting, shall be available to the public for review or copying at the time of the scheduled meeting.
Members of the public may attend any meeting or portion of a meeting that is not closed to the public and may, at the determination of the DFO, as appropriate, offer oral comment at such meeting. The DFO may decide in advance to exclude oral public comment during a meeting, in which case the meeting notice published in the Federal Register shall state that oral comment from the public is excluded and shall invite written comment as an alternative. Members of the public may submit written statements to the Committee at any time.
F. Closed Meetings: Meetings of the full Committee shall be closed only- (1) in limited circumstances; (2) in accordance with applicable law; and (3) upon approval of the Office of the General Counsel, Office of Justice Programs, and when published not less than 15 days in advance of the session.
Where the DFO has determined in advance that discussions during a Committee meeting will involve matters the public disclosure of which would be harmful to the interests of the Government, industry, or others, an advance notice of a closed meeting, citing the applicable exemptions of the Government in the Sunshine Act, shall be published in the Federal Register. The notice may announce the closing of all or just part of a meeting (as applicable). If, during the course of an open meeting, matters inappropriate for public disclosure should arise during discussions, the DFO or Chair shall order such discussion to cease and shall schedule it for closed session. Notices of closed meetings shall be published in the Federal Register at least 15 calendar days in advance of same.
Section IV: Voting
As a representative advisory committee, it is assumed that each member of the Committee will have a personal interest in matters that may affect the State/Jurisdiction of which SAG she or he is a member. Other than such interest, however, any member who has a personal, financial, or organizational interest in any matter to be considered by the Committee shall not participate in any discussion, vote, or other action of the Committee with respect to that matter, and shall recuse him or herself from those portions of the meeting until the discussion, vote, or other action concerning that matter has been concluded, consistent with the signed Targeted Certification of No Conflict and Non-Disclosure; any member with such an actual or apparent conflict of interest shall immediately notify the Chair and the DFO in advance of any discussion, voting, or other action undertaken by the Committee on the particular issue or action that creates the conflict.
Section V: Operating Rules
The administration of the Committee shall be in accordance with the Federal Advisory Committee Act (FACA). Otherwise, the rules contained in the current edition of Robert's Rules of Order Newly Revised shall govern Committee meetings in all cases to which they are applicable and in which they are consistent with the FACA and these Bylaws.
Section VI: Election of Chairperson and Vice-Chairperson
The Committee Chair and Vice-Chair shall be elected annually from the general Committee membership for one-year terms to take effect October 1.
Election of the Chair and Vice-Chair shall be by majority vote of Committee members present at the meeting during which the election is held (so long as a quorum exists for that meeting). Written proxy votes may be submitted to the DFO prior to the election. In the event of the Chair's vacancy caused by resignation, dismissal, incapacity, death, expiration of Committee term or otherwise, the Vice-Chair will assume the role of the Chairperson. In the event of the Vice-Chair’s vacancy for any reason, the Committee may elect a new Vice-Chair. Officeholders are limited to two terms (that is, two years) for each elected position, excluding time served to fulfill a vacated position.
Section VII: Role of Committee Officers
Chair: The Chair shall work with the DFO and the subcommittee chairs to establish Committee priorities and to identify issues to be addressed at committee meetings (set agenda), serve as a point of contact for Committee members, preside over Committee meetings, and perform other duties prescribed by these Bylaws and by the parliamentary authority adopted by the Committee.
Vice-Chair: The Vice-Chair shall preside over Committee meetings in the absence of the Chair, serve as an additional point of contact for Committee members, and perform duties prescribed by these Bylaws and by the parliamentary authority adopted by the Committee.
Designated Federal Officer: The DFO serves as the government's agent for all matters related to the Committee's activities. As provided by law, the DFO is responsible for: (1) calling (or approving the call of) meetings of the Committee; (2) approving agendas; (3) attending all meetings; (4) adjourning meetings when such adjournment is in the public interest; and (5) chairing meetings of the Committee when so directed by the Administrator. In addition, the DFO is responsible for ensuring and certifying the accuracy of the meeting minutes within 90 calendar days of the meeting.
Furthermore, the DFO is responsible for providing adequate staff support to the Committee, including the performance of the following functions: (1) notifying members of the time and place of each meeting; (2) maintaining records of all meetings, including subcommittee or working group archives, as required by law; (3) maintaining the roll; (4) preparing the minutes of all meetings of the Committee's deliberations, including subcommittee and working group activities as required by law; (5) attending to official correspondence; (6) maintaining official Committee records and filing all papers and submissions prepared for or by the Committee, including those items generated by subcommittee and working groups; (7) acting as the Committee's agent to collect, validate and pay all vouchers for pre-approved expenditures; (8) supporting the preparation and dissemination of Committee recommendations; and (9) other responsibilities, as required by FACA.
Section VIII: Expenses
Expenses related to the operation of the Committee will be borne by OJJDP. Expenditures of any kind must be approved in advance by the DFO.
Section IX: Sub committees
The creation and operation of sub committees must be approved by the Administrator and/or the DFO, who serves as the agent of OJJDP. FACJJ members and non-members may serve on subcommittees. Each subcommittee shall select a chair from among its membership, who shall represent the position of the subcommittee at meetings of the full Committee and help facilitate the work of the subcommittee. Per regulations, subcommittees reporting to the full Committee are not bound by FACA recordkeeping and public notice requirements. Such sub committees may not provide advice or work products directly to OJJDP.
Section X: Recommendations
The Committee is to review federal policies regarding juvenile justice and delinquency prevention and also (1) advise the Administrator with respect to particular functions or aspects of the work of the OJJDP; (2) advise the President and Congress, through the Attorney General, with regard to State perspectives on the operation of the OJJDP and federal legislation pertaining to juvenile justice and delinquency prevention; and (3) to provide advice on any other matters as requested by the OJJDP. Recommendations may be provided in the form of memoranda, written responses to OJJDP requests, briefings, consultations and/or reports as deemed appropriate by the FACJJ.
Section XI: Media Press Releases
Any press releases, responses to media inquiries, or responses to FOIA requests, concerning the activities of the Committee shall be prepared by the Office of Justice Programs.
Section XII: Amendments
These By-Laws may be amended from time to time by the Administrator.
Executed this ______________ day of ____________, 20_____ by:
Eileen M. Garry, Acting Administrator
Office of Juvenile Justice and Delinquency Prevention
Office of Justice Programs
U.S. Department of Justice
Core Values of the Federal Advisory Committee on Juvenile Justice
1. Every community and each youth in the juvenile justice system is entitled to a juvenile justice system that provides public safety, accountability, and rehabilitation in a balanced and restorative manner.
2. Each youth in the juvenile justice system is entitled to services provided by culturally competent, appropriately trained professionals who are committed to the treatment and rehabilitation of youth and competitively compensated for the services they provide.
3. Each youth in the juvenile justice system is entitled to a full continuum of culturally appropriate, integrated services, which includes prevention, community alternatives, secure confinement provided in the least necessary restrictive environment, reentry, and aftercare.
4. Each youth in the juvenile justice system is entitled to services based on an objective assessment of risk and protective factors, equally accessible across all classes, cultures, jurisdictions, and linguistic and ethnic groups, which are individualized, gender specific, and developmentally appropriate.
5. Each youth in the juvenile justice system is entitled to a safe place to live, sustained subsistence, emotional and spiritual nurturing, relevant and appropriate educational opportunities, and adequate health care including the assessment and treatment of substance abuse and mental health and co-occurring disorders.
6. Each youth in the juvenile justice system is entitled to timely, zealous, and effective legal representation and a fair and just legal process.
7. Communities and youth in the juvenile justice system are entitled to a system in which individuals and entities work in a collaborative manner.
8. No youth in the juvenile justice system shall be subject to involvement or outcome based on race, class, disability, culture, ethnicity, religion or spiritual practice, general, or sexual orientation.
9. Each youth in the juvenile justice system is entitled to the support of a functional family and services provided with collaborative involvement of the youth's biological and extended family.
10. Each youth in the juvenile justice system must be separated from adult offenders in institutional settings.
11. No youth who is a status offender shall be held, except as provided by statute, in secure juvenile detention or correctional facilities nor shall they be placed or held in adult jails for any length of time.
12. No youth in the juvenile justice system should be placed in secure pretrial detention unless it is determined that the youth poses a risk to public safety or is unlikely to appear in court.