Challenge 1: Sight and Sound Separation

A. Brief and Inadvertent Contact in Non-Residential Areas

Brief and inadvertent contact between a juvenile and an adult inmate in a non-residential area of an adult jail or lockup facility is not considered a violation of the JJDPA. This may include momentary visual or verbal contact in areas such as dining, recreation, education, health care, sally ports, hallways, or other shared passageways.

Such contact must be unintentional and must not regularly occur. Repeated or systemic contact may constitute a reportable violation.

Strategies

Develop written policies defining “brief and inadvertent contact.”
Use staggered movement schedules to prevent overlap.
Assign staff to monitor high-traffic areas.
Use physical barriers or temporary partitions where feasible.
Train staff to proactively avoid cross-population movement.
Conduct periodic internal reviews to identify patterns of recurring contact.

B. Deterrence Programs Involving Contact with Adult Inmates

Programs that allow contact between juveniles and adult inmates (e.g., “Scared Straight” or shock incarceration programs) pose significant risks of violating the JJDPA sight and sound separation requirement. Independent research indicates that juveniles who participate in these types of programs have increased rates of subsequent delinquent and criminal behavior.[1]

Agencies considering participation in such programs should consult with their state’s compliance monitor before implementation.

Strategies

Avoid programs that involve direct contact between juveniles and adult inmates.
Use alternative, evidence-based prevention and diversion programs.
Consult with the compliance monitor before implementing new programming involving facility access.
Document consultation and approval processes.

[1] Petrosino, Anthony, Carolyn Turpin-Petrosino, Meghan E. Hollis-Peel, Julia G. Lavenberg, and Alexis Stern. 2014. Scared Straight and Other Juvenile Awareness Programs for Preventing Juvenile Delinquency. No 12 of Crime Prevention Research Review. Washington, DC: Office of Community Oriented Policing Services.