Institute for Continuing Studies of Juvenile Justice. Hearings, Ninety-second Congress, first session, on H.R. 45 and related bills ... April 28, 1971, and H.R. 14950 and related bills (91st Cong.), July 23 and 29, 1970 online

ISTITUTE FOR CONTINUING STUDIES OF
JUVENILE JUSTICE



HEARINGS

BEFORE

SUBCOMMITTEE NO. 3

OF THE

COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES

NINETY-SECOND CONGRESS

FIRgT SESSION



H,R. 45 and Related Bills

TO AMEND TITLE 18 OF THE UNITED STATES CODE BY ADDING

A NEW CHAPTER 404 TO ESTABLISH AN INSTITUTE FOR

CONTINUING STUDIES OF JUVENILE JUSTICE



APRIL 28, 1971



H.R. 14950 and Related Bills (91st Cong.)



JULY 23 AND 29, 1970



Serial No. 6



Printed for the use of the Committee on the Judiciary



ORTHEASTERN UimMin SCHOOLof LAW LIBRARV



U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1971



INSTITUTE FOR CONTINUING STUDIES OF
JUVENILE JUSTICE



HEARINGS

BEFORE

SUBCOMMITTEE NO. 3

OF THE

COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES

NINETY-SECOND CONGRESS

FIRST SESSION
ON

H,R. 45 and Related Bills

TO AMEND TITLE 18 OF THE UNITED STATES CODE BY ADDING

A NEW CHAPTER 404 TO ESTABLISH AN INSTITUTE FOR

CONTINUING STUDIES OF JUVENILE JUSTICE



APRIL 28, 1971



H.R. 14950 and Related Bills (91st Cong.)



JULY 23 AND 29, 1970



Serial No. 6



Printed for the use of the Committee on the Judiciary




lORTHEASTERN miPmnY SCflOOLof WW UBRARV

0".



U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1971



PETE
HARO
JACK
JOHN
ROBE
DON I
WILLI
JOHN
ANDE
JOSH!
WILLI
JEROI
EDWI]
WALT
JAMES
ABNE
PAUL
JOHN
JAMES
GEOR
ROBE




k Jersey



sylvania



nsylvania



Donald G. Benn, Associate Counsel
Feanklin G. Polk, Associate Counsel
Thomas E. Mooney, Associate Counsel



Subcommittee No. 3

ROBERT W. KASTENMEIER, Wisconsin, Chairman
JOHN CON VERS, Jr., Michigan TOM RAILSBACK, Illinois

WILLIAM F. RYAN, New York EDWARD G. BIESTER, Jr., Pennsylvania

ABNER J. MIKVA, Illinois HAMILTON FISH, Jr., New York

ROBERT F. DRINAN, Massachusetts R. LAWRENCE COUGHLIN, Pennsylvania

Herbert Fuchs, Counsel
Thomas E. Mooney, Associate Counsel



(H)



CONTENTS



Hearing dates: Pag«

April 28, 1971 1

July 23, 1970 79

July 29, 1970 121

Text of bills:

H.R. 45 2

H.R. 14950 80

List of identical measures, authors and cosponsors (92d Cong.) 12

List of identical measures, authors and cosponsors (91st Cong.) 90

Testimony (92d Cong.):

Bayh, Hon. Birch, U.S. Senator from the State of Indiana and chair-
man. Senate Subcommittee to Investigate Juvenile Delinquency... 16

Fields, Hon. Harold N., judge of the juvenile court of Marion County,

Indianapolis, Ind l_ 39

Gulotta, Hon. James C, president. National Council of Juvenile
Court Judges and judge, fourth circuit court of appeals, accom-
panied by Hon. Monroe J. Paxman, executive director and former
juvenile court judge 29

McGarry, Mrs. Barbara D., executive director, the American Parents

Committee, Inc 62

West, Hon. Everett L., judge of the Benton circuit court of Fowler,

Ind 43

WoUenzien, Hon. Harold J., judge of the juvenile court, Waukesha,

Wis 51

Statements:

Dwyer, Hon. Florence P., a Representative in Congress from the

State of New Jersey 74

McKevitt, Hon. James D. "Mike," a Representative in Congress
from the State of Colorado 75

Resneck, Daniel, on behalf of American Civil Liberties Union 76

Testimony (91st Cong.) :

Percy, Hon. Charles H., U.S. Senator from the State of Illinois 94

Railsback, Hon. Thomas F., A Representative in Congress from the

State of Illinois 100

Johnson, Hon. Wallace H., Associate Deputy Attorney General,
Department of Justice; accompanied by Paul L. Woodard, General
Counsel, LEAA, and Daniel L. Skoler, Director, Office of Law
Enforcement Programs 121

Kelly, Hon. James F., Assistant Secretary, Comptroller, Department
of Health, Education, and Welfare; accompanied by Robert J.

. Gemignani, Commissioner, Youth Development and "Delinquency
Prevention Administration, and Mario F. George, education pro-
gram specialist. Office of Education 136

Reed, Hugh, Director, Field Services, National Council on Crime and

Delinquency 148

Statements :

Anderson, Hon. John B., a Representative in Congress from the State

of Illinois 153

Annunzio, Hon. Frank, a Representative in Congress from the State

of Illinois 154

Blester, Hon. Edward G., a Representative in Congress from the

State of Pennsylvania 119

Burke,' Hon. J. Herbert, a Representative in Congress from the

State of Florida 155

Corman, Hon. James C, a Representative in Congress from the State

of California 157

(ni)



IV

statements — Continued

Daddario, Hon. Emilio Q., a Representative in Congress from the Page

State of Connecticut 157

Halpern, Hon. Seymour, a Representative in Congress from the State

of New York 159

Hanna, Hon. Richard T., a Representative in Congress from the State

of California 160

Heckler, Hon. Margaret M., a Representative in Congress from the

State of Massachusetts 161

Meskill, Hon. Thomas J., a Representative in Congress from the State

of Connecticut 162

Mikva, Hon. Abner J., a Representative in Congress from the State

of Illinois 117

Moss, Hon. John E., a Representative in Congress from the State

of California 164

Pettis, Hon. Jerry L., a Representative in Congress from the State

of California 165

Symington, Hon. James W., a Representative in Congress from the

State of Missouri 166

Tiernan, Hon. Robert O., a Representative in Congress from the

State of Rhode Island 167

Wilson, Hon. Charles H., a Representative in Congress from the

State of California 168



INSTITUTE FOR CONTINUING STUDIES OF JUVENILE
JUSTICE



WEDNESDAY, APRIL 28, 1971

House of Representatives,

Subcommittee No. 3 of the
Committee on the Judiciary,

Washington, D.C.

The subcommittee met at 10 a.m. in room 2226, Rayburn House
OflEice Building, Hon. Robert W. Kastenmeier (chairman of the sub-
committee) presiding.

Present: Representatives Mikva, Drinan, Railsback, Biester, Fish
and CoughUn.

Also Present: Herbert Fuchs, counsel, and Thomas E. Mooney,
associate counsel.

Chairman Kastenmeier. The hearing will come to order.

Subcommittee No. 3 is meeting this morning to receive testimony
on H.R. 45, H.R. 46, and H.R. 47, and related bills, to amend title 18
of the United States Code by adding a new chapter 404 to establish
an Institute for Continuing Studies of Juvenile Justice. These measures
have already been the subject of 2 days of public hearings before the
subcommittee in the 91st Congress on H.R. 14950 of that Congress.

The bills would create an institute concerned with juvenile de-
linquency problems. The institute would be entirely independent of
existing government departments and agencies. It would create and
make available a short term training program for law enforcement
officers, welfare workers, juvenile judges and probation and correction
personnel. It would also provide an information bank or clearing house
for disseminating current data and would provide continuing educa-
tion for persons working with juvenile delinquency.

Eight bills embodying this legislation have been introduced in the
House. The sponsors and cosponsors currently aggregate 103 members,
I understand.

A copy of H.R. 45 and a list of the identical House bills and their
authors will be inserted in the record at this point.

(The documents referred to follow :)

(1)



92d congress fj ¥^ yj mi

1st Session |-|^ |^^ ^Jj



IN THE HOUSE OF REPRESENTATIVES

January 22,1971

Mr. Railsback (for himself, Mr. Addabbo, Mr. Andrews of North Dakota, Mr.
Annunzio, Mr. Bingham, Mr. Boland, Mr. Brademas, Mr. Buchanan,
Mr. Burton, Mr. Byrnes of Wisconsin, Mr. Cederberg, Mr. Clay,
Mr. Collins of Texas, Mr. Conte, Mr. Corbett, Mr. Corman, Mr.
Dellenback, Mr. Dent, Mr. Edwards of California, Mr. Erlenborn, Mr.
EscH, Mr. Findley, Mr. Fish, Mr. Frelinghuysen, and Mr. Fulton of
Tennessee) introduced the following bill; whicli was referred to the Com-
mittee on the Judiciary



A BILL

To amend title 18 of the United States Code by adding a new
chapter 404 to establish an Institute for Continuing Studies
of Juvenile Justice.

1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

3 Section 1. Part IV of title 18, United States Code, is

4 amended by adding at the end thereof the following new

5 chapter:

I— O



2

1 "Chapter 404.— INSTITUTE FOR CONTINUING

2 STUDIES OF JUVENILE JUSTICE

"Sec.

"5041. Establishment; purpose.

"5042. Functions.

"5043. Director and staff.

"5044. Powers.

"5045. Advisory Commission.

"5046. Location; facilities.

"5047. Curriculum.

"5048. Enrollment.

3 "§5041. Establishment; purpose

4 "There is hereby established an Institute for Continuing

5 Studies of Juvenile Justice (hereinafter referred to as the

6 'Institute') . It shall be the purpose of the Institute to

7 provide a coordinating center for the collection and the

8 dissemination of useful data regarding the treatment and

9 control of juvenile offenders, and it shall also be the purpose

10 of the Institute to provide training for representatives of

11 Federal, State, and local law enforcement officers, juvenile

12 welfare workers, juvenile judges and judicial personnel,

13 probation personnel, correctional personnel, and other per-
1^ sons, including lay personnel, connected with the treatment
1^ and control of juvenile offenders.

1^ "§5042. Functions

^'^ "The Institute is authorized —

" (a) to serve as an information bank by collecting

^^ systematically the data obtained from studies and re-

search by public and private agencies on juvenile delin-
(piency, including, but not limited to, programs for pre-



10



3

1 vention of juvenile delinquency, training of youth

2 corrections personnel, and rehabilitation and treatment

3 of juvenile offenders;

4 "(b) to publish data in forms useful to individuals,

5 agencies, and organizations concerned with juveniles and

6 juvenile offenders;

'^ " (c) to disseminate pertinent data and studies to

8 individuals, agencies, and organizations concerned with

^ juveniles and juvenile offenders ;

"(d) to devise and conduct in various geographical

^^ locations, seminars and workshops providing continuing

12 studies for persons engaged in working directly with

1^ juveniles and juvenile offenders ;

14 " (e) to devise and conduct a training program of

15 short-term instruction in the latest proven-effective

16 methods of prevention, control, and treatment of juvenile
1*7 delinquency for law enforcement officers, juvenile wel-

18 fare workers, juvenile judges and judicial personnel, pro-

19 bation officers, correctional personnel, and other per-

20 sons, including lay personnel, connected with the treat-

21 ment and control of juvenile offenders ; and

22 " (f ) to develop technical training teams to aid in

23 the development of training programs within the several

24 States and with the State and local agencies which work

25 directly with juveniles and juvenile offenders.



4

1 "§ 5043. Director and staff

2 " (a) The Institute shall be under the supervision of an

3 officer to be known as the Director of the Institute who shall

4 be appointed by the President, by and with the advice and

5 consent of the Senate, to serve for a term of four years. The

6 Director of the Institute shall receive basic pay at the rate

7 provided for level V of the Executive Schedule under section

8 5316 of title 5, United States Code.

9 "(b) The Director shall have authority to supervise the

10 organization, employees, enrollees, financial affairs, and all

11 other operations of the Institute and may employ such

12 staff, faculty, and administrative personnel as are necessary
1^ to the functioning of the Institute, The Director shall have

14 the power to acquire and hold real and personal property

15 for the Institute and may receive gifts, donations, and trusts

16 on behalf of the Institute. The Director shall also have the

17 power to appoint such technical or other advisory councils

18 comprised of consultants to guide and advise the Advisory

19 Commission. The Director is authorized to delegate his
-•^ powers under this Act to such persons as he deems appro-

21 priate.

22 " (c) If the Office of Director is left vacant, by resigna-

23 tion or otherwise, the President shall appoint a successor who

24 shall serve for the unexpired portion of the term of office.



6



5

1 "§5044. Powers

2 "The functions, powers, and duties specified in this Act

3 to be earned out by the Institute shall not be transferred

4 elsewhere or within any executive department unless spe-

5 cifically hereafter authorized by the Congress. In addition

6 to the other powers, express and implied, the Institute is

7 authorized —

8 " (a) to request any Federal department or agency

9 to supply such statistics, data, program reports, and

10 other material as the Institute deems necessary to carry

11 out its functions. Each such department or agency is

12 authorized to cooperate with the Institute and shall, to

13 the maximum extent practicable, consult with and fur-

14 nish information and advice to the Institute;

15 "(b) to arrange with and reimburse the heads of
1^ Federal departments and agencies for the use of per-
l'^ sonnel or facilities or equipment of such departments
^^ and agencies;

1^ " (c) to confer with and avail itself of the coopera-

20 tion, services, records, and facihties of State, municipal,

or other public or private local agencies;

^^ " (d) to enter into contracts with public or private

agencies, organizations, or individuals, for the partial



23



performance of any of the functions of the Institute:



i " (e) to compensate consultants and members of

2 technical advisory councils who are not in the regular

3 full-time employ of the United States, at a rate to be

4 fixed by the Director of the Institute but not exceeding

5 $75 per diem and while away from home, or regular

6 place of business they may be allowed travel expenses,

7 including per diem in lieu of subsistence, as authorized

8 by section 5703 of title 5, United States Code, for

9 persons in the Oovemment service employed inter-

10 mittently ; and

11 '' (f) to report to the Congress at appropriate inter-

12 vals on programs which have been implemented with

13 the cooperation of the Institute within and among the

14 several States, and to recommend to the Congress further

15 legislative action which may appear desirable.

16 "§5045. Advisory Commission

17 " (a) The overall pohcy and operations of the Institute

18 shall be under the supervision of an Advisory Commission.

19 ''(b) The Advisory ^Commission shall consist of the

20 Director of the Institute, the Attorney General (or his desig-

21 nee) , the Director of the United States Judicial Center (or

22 his designee) , the Director of the National Institute of

23 Mental Health (or his designee) , and fourteen persons hav-

24 ing training and experience in the area of juvenile delin-

25 quency appointed by the President from the following

26 categories :



8



7

1 "(1) law enforcement officers (two persons),

2 " (2) juvenile or family court judges (two persons) ,

3 "(3) probation personnel (two persons) ,

4 "(4) correctional personnel (two persons) ,

5 " (5) representatives of private organizations con-

6 cemed with juvenile delinquency (four persons) , and

7 "(6) representatives of State agencies established

8 under the Juvenile DeUnquency Prevention and Control

9 Act of 19G8 or under title I of the Omnibus Crime Con-
30 trol and Safe Streets Act of 1968 (two persons) .

11 " (c) Members of the Advisory Commission shall serve

12 for terms of four years and shall be eligible for reappoirit-

13 ment, except that for the first composition of the Commis-
^^ sion, one-third of the members shall be appointed to one-
1^ year terms, one-third to two-year terms, and one-third
16 to three-year terms, thereafter each member's term shall
1'^ be for four years. Any member appointed to fill a vacancy

18 occurring prior to the expiration of the term for which

19 his predecessor was appointed, shall be appointed for the

20 remainder of such term. Any member of the Commission

21 may be removed by the President for inefficiency, neglect

22 of dut3^ or malfeasance in office.

23 "(d) While performmg their duties, members of the
2^ Commission shall be reimbursed under Government travel
2-5 regulations for their expenses, and members who are not



9



8

1 employed full time by the Federal Government shall receive

2 in addition a per diem of $100 m lieu of subsistence, as au-

3 thorized by section 5703 of title 5, United States Code, for

4 persons in Government service employed intermittently.

5 "(e) The Director shall act as Chairman of the Advi-

6 sory Commission. The Commission shall establish its gov-
'^ eming rules of procedure.

8 "§5046. Location; facilities

^ " (a) A suitable location for the Institute shall be selected

1^ by the Advisory Commission.

11 "(b) Following the selection of a location for the Insti-

ll tute, the Director, with the approval of the Advisory Com-
1^ mission, shall —
1^ " ( 1 ) acquire such property as has been selected

pursuant to subsection (a), and
1" " (2) make sucli arrangements as may be necessary

or desirable for the construction, equipping, and physical

-JO

organization of the Institute.

1Q

"§5047. Curriculum

20

"The Advisory Commission shall design and supervise a

21

curriculum utilizing a multidisciplinary approach (to include

22

law enforcement, judicial, correctional and welfare as well

oo

as prol)ation disciplines) which shall be appropriate to the

needs of the Institute's enrollees.



10



1 "§5048. EnroUment

2 " (a) Each candidate for admission to the Institute

3 shall apply to the State agency established under the Juvenile

4 Delinquency Prevention and Control Act of 1968 (82 Stat.

5 462; 42 U.S.C. 3801 et seq.), or the State agency estab-

6 lished under title I of the Omnibus Crime Control and Safe
,7 Streets Act of 1968 (82 Stat. 198; 42 U.S.C. 3701 et seq.) ,

8 in the candidate's State. The State agency or agencies shall

9 select an appropriate number of candidates and forward their

10 appUcations for admission to the Director of the Institute.

11 The Director shall prescribe the form of all applications for

12 admission to the Institute and shall make the final decision

13 concerning the admission of all students or enrollees.

14 "(b) While studying at the Institute and while travel-

15 ing in connection with his study, including authorized field

16 trips, each student or enrollee in the Institute shall be al-

17 lowed travel expenses and a per diem allowance in the

18 same manner as prescribed for persons employed intermit-

19 tently in the Government service under section 5703 (b) of

20 title 5, United States Code."

21 Sec. 2. The table of contents to "Part IV— Correction or

22 Youthful Offenders" of title 18, United States Code, is

23 amended by inserting after



11



10

"403. Juvenile delinquency 5031

1 the following new chapter reference :

"404. Institute for Continuing Studies of Juvenile Justice 5041".

2 Sec. 3. There are authorized to be appropriated such

3 sums as may be necessary to carry out the provisions of

4 this Act.



12

LIST UF IDENTICAL MtAbUHES, AUTHUrtS Ai\iD GobPUiMbOHb



92d CONGRESS

1st Session



H. R. 45



A BILL

To amend title 18 of the United States Code by
adding a new chapter 404 to establish an
Institute for Continuing Studies of Juvenile
Justice.

By Mr. Eailsback, Mr. Addabbo, Mr. Andrews,
of North Dakota, Mr. Annunzio, Mr. Bing-
ham, Mr. BoLAND, Mr. Brademas, Mr.
Buchanan, Mr. Burton, Mr. Byrnes of
Wisconsin, Mr. Cederbhrg, Mr. Clay, Mr.
CoLXjNS of Texas, Mr. Conte, Mr. Corbett,
Mr. Corman, Mr. Df.tj.enback, Mr. Dent,
Mr. Edwards of California, Mr. Erleneorn,
Mr. EscH, Mr. Findley, Mr. Fish, Mr.
Frelinghxjysen, and Mr. Fulton of Ten-



Januaby 22,1971



92d congress

IST Session



H. R. 46



By Mr. Mikva, Mr. Halpern, Mr. Harrington,
Mf. Heckler of West Virginia,, Mrs. Heck-
ler of Massachusetts, Mr. Helstoski, Mr.
Howard, Mr. Hungate, Mr. Kuykendall,
Mr. MoCloskey, Mr. McDade, Mr. McDon-
ald of Michigan, Mr. Madden, Mr. Mann,
Mr. Matsunaga, Mr. Michel, Mr. Moss,
Mr. Myers, Mr. Podell, Mr. Price of Illi-
nois, Mr. QuiE, Mr. Rees, Mr. Rodino, Mr.
Schneebeli, and Mr. Smith of New York

Januaby 22,1971



13



92d congress

IST Session



H. R. 47



By Mr. Biester, Mr. Steiger of Wisconsin, Mr.
Symington, Mr. Thompson of Greorgia, Mr.
TiERNAN, Mr. Vander Jagt, Mr. Wiggins,
Mr. Charles H. Wilson, Mr. Wright, Mr.
Wyatt, Mr. Yates, Mr. Biaggi, and Mr.
Sandman

January 22,1971



»2d congress

Ibt Session



H. R. 333



By Mr. Pettis



92d CONGRESS

1st Session



Januaby 22,1971

H. R. 960



By Mr. Myers



January 22,1971



92d CONGRESS

1st Session



H. R. 6392



By Mr. Nix



March 18,1971



92d CONGRESS

1st Session



H. R. 7351



By Mr. Railsback, Mr. Mikva, Mr. Biester,
Mr. Anderson of Illinois, Mr. Archer, Mr.
Begich, Mr. Bell, Mr. Blackburn, Mr.
Brasco, Mr. Brown of Michigan, Mr. Car-
ney, Mr. Collins of Illinois, Mr. Cordova,
Mr. Coughlin, Mr. Danielson, Mr. Dick-
inson, Mr. Drinan, Mrs. Dwyer, Mr. For-
sythe, Mr. Fraser, Mr. Frenzel, Mr. Gib-
bons, Mr. GiTDE, Mr. Hanley, and Mr. Han-
sen of Idaho



April 7, 1971



92d congress

1st Session



14

H. R. 7352



By Mr. Railsback, Mr. Mikva, Mr. Biester,
Mrs. Hicks of Massachusetts, Mr. Hilus,
Mr. Morse, Mr. Mosher, Mr. Murphy of
New York, Mr. O'Neill, Mr. Nix, Mr.
Preyer of North Carolina, Mr. Roncalio,
Mr. Rosenthal, Mr. Rostenkowski, Mr.
Ryan, Mr. Sarbanes, Mr. Schwengel, Mr.
Shoup, and Mr. J. WiiiLiAM Stanton

April 7, 1971



15

Few would deny the urgency of legislative action that will review
and stregthen our policies and practices in the area of juvenile justice.
On the other hand, the Chair notes that at the hearings on the 91st
Congress measure, witnesses from the Department of Justice and the
Department of Health, Education, and Welfare, while enthusiastically
endorsing the objectives of the bill, asserted that those objectives
are now being pursued under the Law Enforcement Assistance Act
and other existing law. They questioned the need for an additional
agency to pursue the same ends in substantially the same way.
Witnesses who have light to throw on this issue should feel free to do so.

Before we call our witnesses, I would like to call on the gentleman
from Illinois, Mr. Railsback, the principal sponsor of the measure,
who in the 91st Congress contributed to the consideration of this
measure so seriously, for comment.

Mr. Railsback. Mr. Chairman, my remarks will be very brief.
I want to thank you for all of the consideration that you have given
to those of us who have cosponsored this measure. I am very pleased
to report that in the House of Representatives we have 103 sponsors,
and I particularly want to thank my colleague from Illinois, Congress-
man Abner Mikva, and I want to thank my colleague from Pennsyl-
vania, Congressman Blester, both of whom sit on the subconimittee.

I am more convinced than I have ever been that our juvenile
justice system has not been coordinated, and has not been operating as
effectively as it can. I think there is too much fragmentation. I think
there is a need for some kind of a sharing of expertise and dissemination
of exactly what is going on in the field of juvenile delinquency. And I
want to say that my experience goes back to the days of the Illinois
Legislature when, with Mr. Mikva, we worked a juvenile reform act
which we think has greatly improved the system of juvenile justice in
the State of Illinois.

My concern is that our correctional institutions, instead of re-
habilitating, have been making adult criminals out of one-time
youthful offenders. I can't help but think that this legislation is
unique in that it would bring together under one roof for the first
time, a multidiscipline approach. This bill would not just provide for
law enforcement but, also, the means whereby probationary, judicial,
and correctional personnel together could share their training and
expertise. This legislation would focus attention on what I really
think is a most significant part of the crime problem.

I want to thank Senator Bayh and Senator Percy who have taken
the leadership in the Senate, and I understand that they have a
substantial number of cosponsors over in the Senate. So we are