Archive for Prison Reform

Have San Diego County officials been misreporting staff sexual misconduct?

Prison corridor with cells inside Alcatraz main building san francisco califforniaIt would seem that San Diego country juvenile facilities have developed a sudden credibility gap. According to investigative reporting by CityBeat it would seem that their reporting numbers for the past several years just don’t add up.

Here is an excerpt from the City Beat report by Dave Maas in which he looks at the absence of vital information from the U.S. Department of Justice’s Bureau of Justice Statistics’ required annual Survey of Sexual Violence:

>San Diego County Probation has filed 15 such survey forms for juvenile facilities since 2004 and not one discloses any allegation of sexual misconduct by staff, giving the false impression of a perfect record. Presented with inconsistencies between the surveys and other public records, the Probation Department now admits it does not disclose cases that are investigated by its internal-affairs unit. Since all allegations against staff are investigated by internal affairs, this policy has resulted in the omission of all staff-misconduct cases from the federal surveys.

‘Information for the survey was gathered from data entered into the probation case management system, which does not include internal affairs reports due to their sensitive nature,’ probation spokesperson Tammy Glenn said in an email to CityBeat. ‘We do plan to review our department’s process for gathering data to determine if internal affairs reports should be captured for the purposes of the survey in the future.’

Probation’s internal-affairs unit has investigated at least six allegations of staff sexual misconduct at its facilities since 2008, Glenn says. Chief Probation Officer Mack Jenkins has also said in previous news stories that its internal-affairs unit launched 10 such investigations between 2004 and 2010 at the East Mesa Juvenile Detention Facility and the Kearny Mesa Juvenile Detention Facility, through which roughly 9,000 kids pass each year. Probation says that some of these cases occurred at facilities that were not surveyed and therefore would not have been reported to the BOJS anyway. However, Glenn acknowledges that the department failed to report one case on a federal survey it filed in 2011.

Read the entire article- there is much, much more.

While it is hardly surprising that the perpetrators of illegal acts of this nature would want to conceal themselves, this sort of defiance of federally mandated standards is frightening if true.

Not only are these incidents tragic, but the obscuring of the events proves a huge and long term issue. How can we address the issues of juvenile justice when the data has been fudged? How can we prevent prison rape if we don’t know it is happening?

Let us hope that the six investigations just launched by the Probation Department help drag the facts into the light. Just think, those investigations only cover the last four years. That might merely be the tip of the iceberg.

Read the whole story on City Beat – County misreports data about sexual violence in juvenile jails.

  • Share/Bookmark

Special Report: An interview with Dana Kaplan of the Juvenile Justice Project of Louisiana

Today Humane Exposures brings you a special report from New Orleans, Louisiana. Today we interviewed Dana Kaplan, the executive director of the Juvenile Justice Project of Louisiana.

In a city with a history of poverty and violence the challenges facing those in the field of juvenile justice are massive but not, as you will see, insurmountable.
Humane Exposures- Juvenile Justice Project of Louisiana: An Interview with Dana Kaplan by socialgumbo

About Executive Director Dana Kaplan

Since becoming the Executive Director in the fall of 2007, Dana Kaplan has been steadfast in her dedication to the reform of Louisiana’s juvenile justice system. Prior to joining JJPL, Dana Kaplan was a Soros Justice Fellow at the Center for Constitutional Rights (CCR) in New York City, focused on detention reform. At CCR, Ms. Kaplan worked with community groups and government on developing alternatives to detention and downsizing local jails in states including Tennessee, California, Ohio, New Orleans, and New York. She was also the State-wide Organizer for the New York Campaign for Telephone Justice, a partnership between CCR and two prison family organizations that successfully reduced the cost of all phone calls from New York State prisons by fifty percent. Ms. Kaplan has also been on staff at the Brooklyn-based Prison Moratorium Project, where her efforts helped stop the construction of a youth prison in upstate New York and two youth jail expansions in New York City. She has consulted with national organizations including The National Resource Center on Prisons and Communities and the National Education Association (NEA), developing a curriculum for teachers on “Education not Incarceration”. Dana holds a Bachelor of Arts from the University of California at Berkeley and was a recipient of the John Gardner Fellowship for Public Service.

About JJPL
When the Juvenile Justice Project of Louisiana (JJPL)  first opened our doors in 1997, our state was acknowledged to have one of the country’s worst systems to treat and prevent delinquency. In July of that year, the New York Times called Louisiana home to the “most troubled” juvenile public defender’s office in the country.1 That same month — after earlier reports in 1995 and 1996 by Human Rights Watch and the United States Department of Justice (DOJ) — the DOJ detailed brutal and inhumane conditions in Louisiana’s juvenile prisons, bringing international shame to the system. Louisiana’s juvenile justice system provided virtually no representation for children accused of crimes and then placed them in hyper-violent prisons where they regularly suffered bodily and emotional harm. The large majority of these children were African-American.

JJPL’s mission is to transform the juvenile justice system into one that builds on the strengths of young people, families and communities to ensure children are given the greatest opportunities to grow and thrive. We have three key program objectives to achieve this mission: to reduce the number of children in secure care and abolish unconstitutional conditions of confinement by improving or, when necessary, shutting down institutions that continue to inhumanely treat children; to expand evidence-based alternatives to incarceration and detention for youth; and to build the power of those most impacted by the juvenile justice system.

JJPL litigates on behalf of youth both locally and statewide. Additionally, we educate policy makers on the need for reform, coordinate with parents, youth and other concerned citizens to ensure their visibility and participation in the process, and actively implement media strategies to hold the state accountable for the treatment of its youth. By coordinating our diverse abilities in strategic campaigns to engage policy makers and organize community members and youth, JJPL continues to work on improving the lives of Louisiana’s most vulnerable children. In the past fourteen years of our existence, we have accomplished many achievements.

  • Share/Bookmark

Born, Not Raised – The First Review on Publisher’s Weekly

bornnotraisedAs you are probably aware Humane Exposures will be releasing it’s most recent book in the next few months. Today we are pleased to announce that Born Not Raised: Voices From Juvenile Hall has garnered it’s first review from none other than Publisher’s Weekly!

Disputing the notion that delinquents are beyond repair, Lankford argues that most inmates can transform their traumatic histories into productive maturity if sustained by just one “good enough” adult. Questionnaires and interpretations of artwork, published in the inmates’ raw penmanship, convey nuanced perspectives of dreary inevitability, level-headed insightfulness, and hope. Lankford’s earnestness is on display in her humanizing conversations with a handful of girls, including the game-talking yet vulnerable Hui and the unguarded Sands.

Look for more announcements about the third volume in our award winning social justice trilogy!

  • Share/Bookmark

Juvenile Justice in Illinois Gets a Failing Grade

Prison WindowIllinois’ juvenile justice system is failing.  Failing to rehabilitate offenders. Failing to help them return to life in their communities. Failing to provide a clearly spelled out release procedure.  Failing to provide proper case management. The list goes on. These are not my assertions, they are taken from a state commission’s study slated for release next Tuesday.

The proof is in the rate of recidivism. How many youthful offenders return to incarceration for further offenses? More than half, according to the study by the Illinois Juvenile Justice Commission. Additionally the report calls the Illinois juvenile justice system “ in many ways, the ‘feeder system’ to the adult criminal justice system and a cycle of crime, victimization and incarceration.”

Ryan Haggerty of The Chicago Tribune brings us the words of the commission’s chairman:

The commission was ordered by law to develop recommendations to help youth offenders successfully transition back into their communities. The commission’s members found a system that is in desperate need of an overhaul, said its chairman, Judge George W. Timberlake, retired chief judge of the 2nd Judicial Circuit.

‘We actually saw a system that doesn’t work so well, if we gauge the worth of the system in increasing public safety, doing so at the least possible cost and improving the outcomes of kids who otherwise might be part of future criminal activity,’ Timberlake said in a phone interview Monday.

John Kelly, a writer for YouthToday, breaks the report’s findings down into four key areas of criticism:

Release Procedures and the Lack Therof - The commission observed 230 Prisoner Review Board (PRB) hearings, the only way to be released in Illinois short of serving a full sentence. Their conclusions were that the  proceedings that were “rushed” and confusing to offenders. Timberlake said that the release process needs to be clearly defined and advised mandated review hearings every six months coupled with the addition of a legal advocate to each facility.

Reentry Practices – The DJJ still uses Department of Corrections standard for adult parole, something at highly at odds with good juvenile reentry practices.

Excessive Parole Revocation - 54% of juveniles who had their parole revoked  were returned to incarceration for a technicality.  The most frequent reasons being curfew violation, truancy or for home disturbances.

‘We are not suggesting future crimes should not lead to re-incarceration,’ Timberlake said, ‘but it was surprising to find that what could be considered normal teen behavior leads to a return to prison.’

Poor and Archaic Case Management - paper-only master files on juveniles are only the beginning. From several of the terms  Timberlake used, “coal-fired computer” and “mainframe that is not susceptible to much upgrade,” leave little doubt as to the currency of their approach. An approach I might add that they share with the Department of Corrections, so it is not only primitive but also geared towards adults not juveniles.

I highly advise Mr. Kelly’s article for further reading as he examines each of these in more detail and also provides some very informative and even handed commentary. [Illinois Probe Finds Rushed, Unmeasured Process for Juvenile Release, Reentry and Parole on YouthToday]

 Image Source: derekskey on Flickr. used under it’s Creative Commons license

  • Share/Bookmark

Like Day and Night: Rehabilitation and Incarceration

Cell - exhibition opening 14 Feb 2009Two huge reasons to support reform of our justice system, particular the juvenile segments of it. First, rehabilitation is cheaper and more effective. Second, the conditions within the American penal system and its adjuncts are often violent and deplorable.

Let’s put a face on that, shall we? Liz Ryan, writing on the Open Society Institute blog, brings us the words of Rachel Carron from her testimony before the U.S. House Committee on Education and Labor Healthy Families and Communities Subcommittee last March. Carron had been sentenced to one year in a placement center in Upstate New York, and her tales of the conditions there are disturbing to say the least:

[...] Rachel stated that she had ‘some horrible experiences’ which had left her ‘scarred for life.’  She witnessed and was subjected to violence, particularly excessive force by guards designed to ‘keep control in the center.’  She talked about the sexual exploitation of girls by guards and the rampant availability of drugs sold by guards to residents in exchange for favors by the girls.

In this case the location was New York, but studies show that this sort of environment is not uncommon across the U.S. Another thing supported by evidence is the difference between this and more rehabilitative approaches. Rachel’s case simply illustrates those findings, as Ryan continues.

Rachel eventually received assistance from a residential treatment program that helped her address her addiction, obtain her GED and get training to become a home health aide.  This program was close to home and gave her the opportunity to stay in contact and receive support from her family.  She had access to counselors and positive interaction with her peers.

The experience in the juvenile prison and the treatment center ‘could not be more different’ according to Rachel.  What she experienced in the juvenile prison not only did not help her to deal with the substance abuse issue she was facing, she was removed from her family support system and was subjected to exploitation and abuse from facility guards.  By contrast, she was able to get the positive rehabilitation support in another program that brought her closer to her community and family.

Pure punishment does not work, the merest glance at our national penal system illustrates that, whereas community driven approaches that address root causes like substance addiction can have substantive results. (Did I mention that it’s cheaper as well?)

Image Source: Egenerica on Flickr, used under it’s Creative Commons license

  • Share/Bookmark

New Study: Health Care in the Juvenile Justice System

SyringeHealth care is an issue that has been all over the news for quite some time now. Unfortunately the health care of the youthful and incarcerated has often been overlooked as Washington attempts to implement new programs for the voting masses.

Not anymore. The American Academy of Pediatrics’ Committee on Adolescence has released a policy statement, the first update in a decade to the Health Care for Youth in the Juvenile Justice System. It finds that incarcerated youth are at high-risk for health issues, physical, mental and developmental. Here is the statement’s abstract for an overview:

Youth in the juvenile correctional system are a high-risk population who, in many cases, have unmet physical, developmental, and mental health needs. Multiple studies have found that some of these health issues occur at higher rates than in the general adolescent population. Although some youth in the juvenile justice system have interfaced with health care providers in their community on a regular basis, othershave had inconsistent or nonexistent care. The health needs of these youth are commonly identified when they are admitted to a juvenile custodial facility. Pediatricians and other health care providers play an important role in the care of these youth, and continuity between the community and the correctional facility is crucial. This policy statement provides an overview of the health needs of youth in the juvenile correctional system, including existing resources and standards forcare, financing of health care within correctional facilities, and evidence-based interventions. Recommendations are provided for the provision of health care services to youth in the juvenile correctionalsystem as well as specific areas for advocacy efforts. Pediatrics 2011; 128:1219–123

According to the report nearly 11 million juveniles across the nation were arrested in 2008. Not all of them suffered detention, long or short term, but the average stay behind bars for the ones who did was 65 days as of 2006. Of those in custody, 80% remained in detention for at least 30 days and 57% for at least 90 days. All of them requiring health care of some sort. Unfortunately that health care often does not appear, and when it does it is often substandard.

Ryan Schill, a writer for the Juvenile Justice Information Exchange, shares some of the policy statement author’s views on why these changes have been enacted:

‘We wanted to advocate for these youth to have the same level and standards of care as non-incarcerated youth in the community,” the report’s lead author, Dr. Paula Braverman, Director of Community Programs at the Cincinatti Children’s Hospital Medical Center said in an email. She said the Committee on Adolescence also “outlined specific recommendations which included the training and skill of the health care providers.’

All too often health care in detention facilities is administered by people with insufficient training in the subject. She also touched on a subject that we here at HumaneExposures find to be vital:

‘We also wanted to highlight some areas for advocacy,’ she said, ‘including the need for adequate levels of funding to provide for the medical, behavioral health and educational needs of these youth.’ Equally important, she said, are intervention programs in the community ‘that address the risk and protective factors related to involvement in the juvenile justice system.’

Once more we have support for the idea that intervention, rehabilitation, and education are vital pieces to the puzzle. With such a preponderance of evidence that these tactics work there is still resistance to them. Hopefully as we see more high stature organizations like The American Academy of Pediatrics weigh in on the subject we will see the needed shift in public opinion.

Image Source: Yanivba on Flickr, used under it’s Creative Commons license

  • Share/Bookmark

Michigan’s Juvenile Lifers

Prison corridor with cellsOnly Pennsylvania has more juveniles serving life sentences than Michigan. Both states may be experiencing some change in the near future.

You see, the U.S. Supreme Court has recently agreed to hear two cases that challenge the idea of life sentences for juveniles. The basis of the argument is that it is cruel and unusual punishment to incarcerate a juvenile for life. The two cases involve a pair of 14 year-olds, one in Alabama and Arkansas.

If that challenge is upheld it will mean major changes for Michigan on many levels. For one thing it’s a big part of the economy, Michigan’s 359 juvenile lifers cost a whopping $10 million a year to house.

First let’s have a little background.

In 1988, as a response to the astounding spike in juvenile violence across the U.S., the Michigan legislature made is easier to try 15 and 16 year olds as adults. Then in 1996 they made is easier to charge 14 year olds as well under their “adult crime, adult crime” mandate. It was part of a national trend towards harsher sentencing for under age offenders. According to the Bureau of Justice Statistics the number of juveniles incarcerated in adult prisons between 1983 and 1998 more than tripled in the U.S.

Since then some backtracking has been done, but there is a long way yet to go. John Barnes of MLive notes that the Supreme Court may be hearing these cases with an eye toward extending the reach of two of their earlier rulings:

In 2005, the court ruled minors 17 and younger could not be given the death penalty.

In 2010, the court extended protections, ruling a minor could not be sentenced to life without parole in non-homicide cases.

In both cases, the majority of justices ruled juveniles’ mental abilities are lesser developed than adults, and sentencing them as such violates the Eighth Amendment protection against cruel and unusual punishment.

The new cases would move the bar even further, banning mandatory life involving juvenile homicides, including when the juvenile was present at a crime, but did not commit the actual killing. About one-third of Michigan juvenile lifers fall in that category.

It is a hard debate, one fraught with emotion and thorny to navigate. In many ways though, it is the same debate we so often have: rehabilitation vs. incarceration. Yes, there are incorigibles who belong behind bars. There are also many cases where the childlike mind does not have the capacity to truly realize consequences. It is once more a question of how useful it is to try a child as an adult.

Even supporters of the original harsher penalties are beginning to doubt their efficacy. Angela Whittrock brings us one from MLive‘s ongoing series about this issue:

Supporters of the initial reforms have mixed views on whether sending juveniles to prison for life has been effective.

Leland, a Detroit Democrat, thinks he and his colleagues made a mistake. He points to the growing prison population, which tripled from 1980 to more than 45,000 in 2009, and the Department of Corrections budget, which grew from $193 million in fiscal 1980 to $1.94 billion this year.

Even factoring in inflation, that’s nearly a fourfold increase.

‘Now, 25 years later, I think locking youthful offenders up for life is ridiculous,’ Leland said. ‘Life in prison should be reserved for Hitler.’

This is just one of many aspects of our juvenile justice system that are flawed or broken. All deserve the utmost scrutiny lest we squander our children’s futures, and society’s as well.

For an array of further reading MLive has been doing an extensive series on the subject.

Image Source: Time Pearce on Flickr, used under it’s Creative Commons license

  • Share/Bookmark

The National Juvenile Justice Network: an Interview with Benjamin Chambers

Benjamin Portrait-1503-700pxToday the HE Blog takes you into the inner works of the National Juvenile Justice Network. Today we are interviewing Benjamin Chambers, the NJJN’s Communications Specialist. A professional writer for over 20 years, he also has over ten years of experience in the field of juvenile justice. So, without further ado, here is Ben!

HE: Thanks for joining us on the HE blog! Would you be kind enough to share with our readers a thumbnail view of what your organization’s mission is?

BC: We lead a movement of state-based organizations and coalitions focused on reforming the juvenile justice system at all levels to make it fair and age-appropriate for youth in trouble with the law.

HE: I get the impression that the NJJN acts as a bit of a meta-organization, an overarching group of groups. Is that an accurate perception and what made you decide to adopt such a strategy?

BC: Yes, that’s accurate. We were actually created in 2002 by 11 organizations that felt they could be more effective if they had help coordinating their efforts, sharing news and resources, and advancing a consistent national strategy.

HE: You have member organizations in 33 states now. How long did it take to build the network to that point?
.
BC: About seven years. We find that reformers are eager to connect with their colleagues and peers – being an advocate for teens can be lonely work, though rewarding. And they can see the benefits of sharing knowledge and experience with others working to help kids in trouble with the law.

HE: Have you seen any recent acceleration in the process as more news stories about our failing juvenile justice system make it to the evening news?

BC: I don’t think the media has been the biggest driver behind our membership growth, though news stories have done a lot to educate people about the many ways the justice system fails to keep our kids safe, or help them be successful — and that there are better options, backed by research.

But our primary membership is made up of organizations that subscribe to our nine principles of reform, and which work on multiple issues having to do with youth in trouble with the law. In some states there’s not yet an organization that can meet those criteria, which is why we recently created a new category for “affiliates”.

HE: One of the interesting projects started by your group is the Youth Justice Leadership Institute. What would you say are the greatest successes it has seen so far?

BC: We’re excited about it, too, and we’re incredibly grateful to our funder, the Public Welfare Foundation, for seeing the value in what we’re trying to do. As you know, the Institute’s mission is to develop a larger base of folks who are well-prepared to promote reforms for youth in trouble with the law who reflect the communities most affected by the the juvenile justice system — we’re making a special effort to cultivate and support leaders of color.

We’re in the middle of our pilot year now; we have ten fellows engaged in trainings on things like the federal Juvenile Justice and Delinquency Prevention Act, age-appropriate services and using communications to change policy. They’re an accomplished group of professionals in their own right, and we can’t wait to see what they’ll accomplish down the road.

Right now, each one has been matched with one to three mentors in the field, and they’re all working on individual advocacy projects. It’s safe to say that all of them feel more engaged and energized about juvenile justice reform, and more connected to the larger movement, than they did when they started. In fact, in the next few weeks, I hope to post some video interviews with them from our July training session, so you can hear from them directly.

We’re planning now for our 2012 Institute, and should be putting out a call for nominations soon.

HE: What about some of the most important lessons learned as it has evolved?

BC: Although we obviously knew there was some need for this sort of training, we were pleasantly surprised by the great desire for it among newer advocates and activists. We didn’t do a huge amount of outreach for our 2011 Institute, and we got quite a few applications from people who wanted intensive training in this fairly specialized field. So that was one important lesson.

Second, we’ve found that one of the most important skills young leaders need to develop is figuring out how to balance all the demands on them, in all areas of their lives, not just their work. Simply learning to apply the old lesson, “It’s not a race, it’s a marathon,” is an important step for people to take if they’re going to be successful leaders.

Third, when we put out the call for applications, we really didn’t know what to expect. We learned that there’s a good-sized pool of folks out there who have huge potential for leadership.

HE: Your Fiscal Policy Center is doing good work in attempting the change things at the governmental level. What sort of tools are you using and how do you see these efforts expanding in the future?

BC: The Fiscal Policy Center is another project we’re excited about. Basically, state-level groups are finding it difficult to promote new reforms to the juvenile justice system — or prevent reversals of past victories — because of the state budget crunch. This is ironic, since it would be much cheaper and far more effective if we stopped spending so much on locking kids up and shifted those monies to providing treatment and other services to kids in their own communities.

We actually published a short primer on this last year, called “The Real Costs and Benefits of Change: Finding Opportunities for Reform During Difficult Fiscal Times.” Another brief publication people should find helpful in this regard is “Bringing Youth Home: A National Movement to Increase Public Safety, Rehabilitate Youth, and Save Money.”

So the goal of the Fiscal Policy Center is help our state-level members learn more about how state budget processes work and where the funding is going (or could go), and put together compelling arguments for reform for youth in trouble with the law based on sound fiscal knowledge and effective communications strategies.

To do that, we’re providing online toolkits and resources for members and reformers through our Fiscal Policy Resource Center. (That’s also a work in progress – we’ll be adding a lot to it in the coming months.) We’re also doing webinars, in-person trainings, and in-depth technical assistance for our members that focus on both fiscal knowledge and effective communications.

As with the Youth Justice Leadership Institute, we’ve very grateful to the John D. and Catherine T. MacArthur Foundation, Open Society Foundations, Public Welfare Foundation, and Tow Foundation for having the vision to help us meet this need in the field.

HE: Do you find that people are often surprised to discover that rehabilitation is vastly cheaper than incarceration? Do your efforts often encounter incredulous reactions based on this reasoning?

BC: Yes, I think people are often surprised to learn that. And frankly, it can be hard for people to care, when we have programs like “Beyond ‘Scared Straight’” promoting programs that are damaging and ineffective, but which — through the magic of television — *seem* to be effective. We need to promote more accurate depictions of young people, emphasizing their ability to change and the fact that interventions that don’t televise well — like therapy — are actually better for our kids and better for our communities.

HE: Your website speaks of “rightsizing,” the justice systems across the states. In this context that means reducing the size of institutions to an appropriate level but substituting proven community based measures for incarceration where possible. Where would you say you have experienced the most success with this? And the least?

BC: Actually, we’re in the middle of an incredible period of success with right-sizing juvenile justice nationally. The fiscal crisis helps, but research is also turning the tide. You can learn a lot more about what specific states have done on this score in the publication I mentioned above, “Bringing Youth Home: A National Movement to Increase Public Safety, Rehabilitate Youth, and Save Money.”

The real key going forward will be making sure that states don’t reverse these advances and start locking kids up again once the economy improves. That’s one reason why it’s critically important that advocates avoid relying solely on economic arguments to justify reducing the number of kids who are locked up. That’s not hard, really, since the research is clear that kids are actually harmed by being locked up — they’re more likely to commit new crimes then they get out, and that’s not good for anyone.

HE: Thanks a lot Ben! We appreciate your taking the time to speak with us and look forward to touching base with you in the future as things evolve! 

Benjamin Chambers is NJJN’s Communications Specialist. He has been writing professionally for over 20 years, and has over ten years of experience in the field of juvenile justice.

Between 2000 and 2007, he worked for the Multnomah County Department of Community Justice in Portland Oregon, where he served on the juvenile management team and directed the local Reclaiming Futures project, an initiative designed to improve alcohol and drug treatment services for teenagers caught in the cycle of drugs, alcohol, and crime.

After a stint at the Reclaiming Futures national program office at Portland State University, he was hired by Prichard Communications in 2008 to launch and edit the Reclaiming Futures blog and social media channels, which he built into premier venues for juvenile justice news and resources.

chambers@juvjustice.org  | 202-467-0864 x556

  • Share/Bookmark

Nine Principles: The National Juvenile Justice Network

Prison cell with bed inside Alcatraz main building san francisco califforniaThe National Juvenile Justice Network (NJJN)  is an organization that helps state-based groups in their efforts to institute reform of the American juvenile justice system.

The NJJN describe themselves on their website as follows:

Through education, community-building and leadership development, NJJN enhances the capacity of juvenile justice coalitions and organizations in 33 states to press for state and federal laws, policies and practices that are fair, equitable and developmentally appropriate for all children, youth and families involved in, or at risk of becoming involved in, the justice system.

We seek to return the U.S. to the core ideals that led to the formation of the juvenile court more than 100 years ago, when our country realized that youth are fundamentally and categorically different than adults.

By providing tools to state level groups the NJJN seeks to achieve these ends. Access to information, leadership training, community building and other similar techniques are at the core of their approach. The most vital thing to know about them is their nine principles of reform.  Every member adheres to these and must be actively working at the state level based on at least one of them. (These principles are from “A Blueprint for Juvenile Justice Reform,” developed by the Youth Transition Funders Group, associated descriptive text is my own paraphrasing and commentary on the original document.)

The Nine Principles are:

Reduce Institutionalization

While there will always be a few youth offenders that can only be dealt with through incarceration the vast majority of them can be more effectively treated in a community based environment.

Maximize Youth, Family and Community Participation

Community justice initiatives can engage a wide array of adults in the rehabilitation process, an important thing since active adult participation is often needed to keep youths involved in their own reform. Family conferencing is one example of how parents and jurisdictions are learning to work together rather than against each other.

Additionally they help both adults and youth become more active an effective in their efforts to lobby for reform.

Improve Aftercare and Reentry

With over 100,000 youths re-entering society after being institutionalized the question of how to re-integrate them into day to day life is of paramount importance. Youth programs and workforce development are key components here. For best effect many agencies, both government and non-profits, need to coordinate. Special needs kids – those with substance abuse or mental health issue in particular, need quick access to treatment if they are to have a fighting chance. Additionally there are questions of accessibility that need to be examined- if you cannot access the help it is not really helping.

Create Smaller Rehabilitative Institutions

Since the vast majority of youth are not chronic and violent offenders our system is ill suited for their needs. Those that are certainly need close supervision, but the impersonal and institutional atmosphere of jails, prisons, and detention centers have a poor track record. Especially when it comes to recidivism.

Smaller secure facilities run by youth specialists can provide developmentally appropriate programs for these youngsters. They can also be particularly effective if the family is closely engaged in the rehabilitative process.

Recognize and Serve Youth with Special Needs

It happens all the time. Youth whose primary problem stems from mental disorders, substance abuse, or emotional issues end up incarcerated with  criminal offenders. They state it succinctly on their website:

While good mental heath and substance abuse services are vital for incarcerated youth to facilitate their rehabilitation, it is critical that juvenile justice involvement is seen as appropriate only when a youth’s delinquency—not his disabilities—is the primary reason for confinement.

Create a Range of Community Based Programs

While NJJN endorses and supports a variety of community based programs there are some that are particularly stressed due to their proven effectiveness. The three most highly noted, and with solid scientific evidence as their efficacy, are:

  • Functional Family Therapy
  • Multidimensional Treatment Foster Care
  • Multi-Systemic Therapy (MST)

MST in particular has shown amazing results. Serious juvenile offenders demonstrate reductions of 25 to 70 percent in long-term rates of re-arrest, and reductions of 47 to 64 percent in out-of-home placements. Real results with no incarceration.

Ensure Access to Quality Counsel 

In an age where counsel is sometimes assigned mere minute before trial it is imperative that something be done about it. NJJN supports beneficial reform in a variety of ways ranging from special training for those representing youth cases to early assignment of counsel. Any American appearing in court has the right to counsel, but lack of effective counsel is almost as bad, and sometimes worse than, having none at all.

Reduce Racial Disparity

As I noted yesterday in my examination of restorative justice, there is a huge racial disparity in the way our system treats youth offenders. The numbers bear repeating:

In 2008 Pew Charitable Trusts reported that one out of every 15 black men over the age of 18 is serving time. For comparison only one out of 106 white men are incarcerated. One in every nine African American men between 20 and 34 are incarcerated, a striking contrast to the 1 in 30 of that age group across the rest of the general population.

NJJN helps to support jurisdictions that have reduced this disparity and endorse the following proven tactics for doing so.

  • analyzing data by race and ethnicity to detect disparities.
  • using objective screening instruments to eliminate subjectivity from decision-making.
  • coordinating with police to better control who enters the juvenile justice system.
  • changing hiring practices so that justice staff are more representative of youth in the system.
  • holding staff accountable for placement decisions.
  • developing culturally competent programming.
  • employing mechanisms to divert youth of color from secure confinement.

Keep Youth Out of Adult Prisons

Youth held in adult facilities are eight times as likely to attempt suicide as when incarcerated with their peers. They are five times more likely to report being rape victims; fifty percent more likely to be attacked with some sort of weapon; and twice as likely to be beaten by institution staff. These are not good numbers. Add in the much higher rate of recidivism and the over representation of people of color and the picture is bleak indeed.

Back in the 1990′s we saw 49 of the 50 states adopt measures that increased the number of juveniles being tried and sentenced as adults. Twenty years later we can see how much it has cost us as a society.

These are great principles, and ones which can lead the way to much improvement. Our juvenile justice system has some critical flaws and the active coordination of efforts to improve the situation is laudable.

Keep your eyes peeled as we will have an interview with some of the NJJN’s senior staff coming soon!

 Image Source: timpearcelosgatos on Flickr, used under it’s Creative Commons license

  • Share/Bookmark

Is Oklahoma Slipping Back Into Its Old Ways?

Seal of OklahomaThe Oklahoma Legislature approved House Bill 2028 in 2009. This bill allows the use of pepper spray and electromagnetic shock devices in juvenile detention centers. It was signed into law. The office of juvenile affairs, which requested the bill in the first place, has not yet changed its own rules to allow these measures. Rumor has it that might change soon.

This year that same body approved Senate Bill 247. This bill allows  maximum security spaces to be added to existing juvenile detention centers. It was also signed into law last May.

Why the sudden embrace of such extreme measures?

Multiple violent incidents at the Central Oklahoma Juvenile Detention Center in Tecumseh are commonly cited as the cause. One juvenile suffered a brain injury after being beaten in one incident, while in another local law enforcement had to be brought in to preserve order following a violent incident involving multiple juveniles.

The recent outbreak came after the closure of the L.E. Rader Center in Sand Springs the state’s only maximum-security juvenile facility. The youths incarcerated there were transferred

Office of Juvenile Affairs closed the state’s only maximum-security juvenile facility, the L.E. Rader Center in Sand Springs, and transferred some of the youths from there to the state’s two other juvenile institutions.

Tulsa attorney Steven Novick does not think this reaction is justified. This is worth mentioning because Novick is the attorney who spearheaded the 1978 federal lawsuit that began a series of sweeping reforms to the juvenile system.
The suit was filed on behalf of a boy, under the pseudonym of Terry D.,  who described conditions that often included  the use of hogties and days of solitary confinement. After touring one of the facilities Novik deemed the stories well founded.  Barbara Hoberock comments on this in her recent article in Tulsa World:
He said the staff was proud of what it had been doing, adding that staff members were ‘every bit as institutionalized as the kids were. They didn’t see what they were doing as possibly wrong or harmful. That was the springboard.’
The allegations mounted, Novick said, and the suit alleged that children were subjected to abusive use of restraints and solitary confinement and that staff used tranquilizing drugs to control juveniles, rather than treat them.
‘There was compelling evidence to support all those allegations,’ he said. In addition, children who had done nothing wrong – such as victims of neglect – were housed with those who had been adjudicated of crimes, Novick said.

The lawsuit was an arduous battle, leading to a consent decree in 1984 that banned abusive practices and closed many juvenile detention facilities. The case finally reached it’s conclusion in the late 1990s with an order of dismissal outlining guidelines for treatment.

Since the dismissal order Novik believes the system has started moving toward more of a corrections model than a true juvenile justice system. The current bills which would allow pepper spray, tazers, and maximum security spaces would seem to bear that out.

Of course supporters have a different view. House Speaker Kris Steele, R-Shawnee, is reported in the Bixby Bulletin as saying:

‘In the grand scheme of things, the proposals before the agency’s board are band-aids to a larger problem,’ Steele said. ‘Eventually, the state needs to address how to create proper space and methods to handle high-risk juvenile offenders. Until that happens, we’ve got to do the best we can with what we have, and I thank the agency, its board members and my fellow legislators for working to do exactly that.’

Hoberock’s article supplies the needed riposte:

Linda Terrell, executive director of the Oklahoma Institute for Child Advocacy, is concerned that the proposals offered by OJA are more punitive.

‘We need to remember that they are children,’ she said.

Well said, Ms. Terrell, well said. All you need to do is look through our blog posts to see ample evidence that this incarceration based model is more expensive, less effective, and more dangerous than rehabilitation programs that focus on getting the youth integrated back into society.

Oklahoma is clearly taking steps in the other direction.

  • Share/Bookmark