• Indeterminate only: The most common arrangement (20 states) is one in which all commitments are indeterminate--that is, regardless of the offenses for which juveniles are adjudicated delinquent, they are always committed for an indefinite period of time, which could potentially last until they reach the age of majority (or, in some states, the upper age to which the juvenile court's jurisdiction has been extended for dispositional purposes). Length of stay in these states is left solely to the releasing authority's judgment. So in Idaho, for example, the juvenile court orders adjudicated delinquents committed to the state's Department of Juvenile Corrections for an indeterminate period, and the Department sets an anticipated release date based on its own criteria. Within these broad limits, actual release decisions are left to the Department. For juveniles committed to the Minnesota Department of Corrections, program administrators devise individual "case plans," which the court must approve; thereafter, they remain in state custody until institutional staff determine that they have successfully completed their case plans.
• Indeterminate with a minimum: Five states commit juveniles for an indeterminate period, but require in some cases that they "serve" a minimum period of time before being released. In Arizona, for example, a statute authorizes the committing court to specify a minimum period during which the Department of Juvenile Corrections cannot release the juvenile without seeking a modification of the original commitment order. Under Delaware law, a certain category of repeat felony offender (designated "a child in need of mandated institutional treatment") must be confined for at least 6 months before release can be considered. Ohio law sets minimum periods of confinement that vary with the seriousness of the offense involved.
• Indeterminate up to a maximum: Six states have indeterminate commitments, but specify that a juvenile cannot be confined for more than a certain period. In California, for example, a juvenile cannot be confined beyond the length of the maximum sentence that could have been imposed on an adult convicted of the same offense. Connecticut law specifies a maximum of 18 months commitment for any offense. A juvenile in Arkansas cannot be held longer than two years, except where the committing court makes a special finding that the welfare of the juvenile or the public interest requires an extension.
• Indeterminate with minimums and maximums::In Pennsylvania, the court initially determines the minimum period of commitment that is consistent with the protection of the public and the rehabilitative needs of the juvenile, then reviews the commitment periodically thereafter. The law also prohibits confinement of juveniles for more than four years or the maximum period for which an adult convicted of the same crime could be imprisoned.
• Determinate and indeterminate: Thirteen states authorize or require courts to fix the period of confinement in individual cases, but permit them to order indeterminate commitments as well. In the District of Columbia, Indiana, and Rhode Island, courts may choose between committing juveniles for definite or indefinite periods. South Carolina law authorizes a court to order a brief determinate commitment of 90 days or less in lieu of an indeterminate commitment. Tennessee gives the court the option of fixing the period of confinement only if the juvenile meets specified age, offense, and previous adjudication criteria. Louisiana requires a determinate commitment (to age 21) for certain felony-grade offenses.
• Determinate only: Finally, commitments in 6 states involve confinement for a period of time that is set in advance by the court. In Washington, the length of the commitment is set in accordance with sentencing guidelines, from which the court may deviate in cases of manifest injustice. And in New Jersey, commitments are for definite terms set by statute and ranging from 6 months up to 20 years; while the State Parole Board may order release prior to the expiration of a definite term, if it intends to release a juvenile before one-fourth of the prescribed term has been served (or one-third where more serious offenses are involved), it must notify the committing court, which has 30 days in which to block the proposed release.

Release Decisions
The power to decide when a committed juvenile should be released back into the community is sometimes entrusted to the agency or institution to which the juvenile has been committed, sometimes to the court having jurisdiction over the case, sometimes to a separately constituted paroling authority, and sometimes to some combination of these.

• Release by Agency: Twenty-four states allow the agency to which the juvenile has been committed to decide when to release him or her from confinement. The agency's power in this area is not unlimited, of course. For instance, it may be precluded from releasing a juvenile who has not served a statutory or court-ordered minimum period of commitment. Likewise, it may be forced to release one who has served the maximum allowable sentence, or reached a jurisdictional age limit. But within these limits, agency officials determine when and how release is to occur. Often the actual decision belongs to those who run the institutions in which the juveniles are held. So, in Maine and Nevada, for example, release decisions regarding the inmates of the state youth centers are made by the superintendents of those centers.
• Release by Court: Ten states give courts sole authority to decide when juveniles are to be released from state institutions. This is not mere authority to review an agency's decision (see below), although, as a practical matter, a court may depend a great deal on recommendations and other input from agency officials, including the staff of the institution from which the juvenile is to be released. In some states, such as Kansas, it is the agency that petitions the court for the release of the juvenile. Others, such as Iowa, mandate periodic judicial reviews of juvenile commitments, at which the court considers agency recommendations but makes the final release decision on its own.
• Release by Parole Board: Seven states have specially constituted "parole boards" that make release decisions regarding juveniles. Generally, these boards are appointed by the governor, and often include citizen members. While a parole board may be administratively attached to a state's delinquency agency, it usually operates independently. Some boards, such as those in California and Utah, begin their involvement with juveniles at the time of their commitment, making initial decisions about the terms of confinement and the rehabilitative program. But most enter the process only when the juvenile is actually eligible for release.
• Shared Release: Ten states divide the authority to order the release of committed juveniles among courts, agencies and/or juvenile parole boards. Sometimes, as in the District of Columbia and Hawaii, the release power is given in some cases to the committing court and in others to the agency. In others, such as Alabama, North Carolina, and Tennessee, the agency makes the decision subject to court approval. New Jersey ordinarily leaves release decisions to a parole board, but also sets statutory minimum confinement periods within which release is possible only with court approval.

© 2000 (original copyright); © 2006 (most recent copyright) National Center for Juvenile Justice

Citation: Griffin, Patrick and King, Melanie. 2006. "National Overviews." State Juvenile Justice Profiles. Pittsburgh, PA: National Center for Juvenile Justice. Online. Available: http://www.ncjj.org/stateprofiles/.