Tag Archive for juvenile justice

The Lens: A Panel and Discussion on Juvenile Justice

On March 22, 2012 at the Ashe Cultural Arts Center of New Orleans a very interesting panel took place.

The Lens convened a panel of five criminal and juvenile criminal justice experts from the New Orleans area to address issues surrounding the new French Quarter Curfew, LGBTQ youth issues in juvenile facilities, the rebuilding of the Youth Studies Center, and the school-to-prison pipeline. (While the discussion is focused on New Orleans, many of the topics covered are relevant to communities everywhere.)

The experts on the panel included:

Here is the full panel. Please note that the video begins after panel introduction.

Supreme Court Update: second chance for juveniles?

For those of you following the story we wrote about last week, Supreme Court to revisit life in prison for juveniles, here is a quick update via Newsy:
It is well documented fact that juveniles are biologically distinct from adults developmentally. These physiological and mental differences make it outlandish to treat them like adults when it comes to matters of crime.

While Justice Scalia may be correct in pointing out that the majority of states allow life sentencing he ignores one vital point. Just because it is, as he put it, “the will of the people” does not mean that the people have all the facts.

This is why we continue to produce works such as Born, Not Raised and It’s More Expensive to Do Nothing, to help provide both information and perspective so that we can make better decisions as a society.

Supreme Court to Revisit Life In Prison for Juveniles

Prison cell with bed inside Alcatraz main building san francisco californiaIncarcerating juveniles for life is a uniquely American failing. The U.S. is the only nation that makes this blunder.

Most of the problem stems from the 1990’s when the histrionic term “super-predator” came into vogue among a certain vocal and excitable group. Randy Hertz of The Nation sums up that background nicely:

In the 1990s, a small group of academics capitalized on and galvanized a growing hysteria about violent crime by youths, speculating that an anticipated rise in the youth population, coupled with spurious theories about the exceptional deviance of children of color growing up poor, would lead to a new generation of ‘severely morally impoverished juvenile super-predators…capable of committing the most heinous acts of physical violence for the most trivial reasons.’ Fearing that the rehabilitation-focused juvenile justice system would be inadequate to protect society from this impending menace, lawmakers passed laws that circumvented juvenile court and sent kids to criminal court for prosecution as adults.

Our position on prosecuting kids as adults is abundantly clear. It is detrimental to the kids, to society, and to the financial bottom line. It exposes children to hardened criminals while still at a malleable stage of the development. The list of issues with that approach is long and varied.

Hertz continues with a vital note on the matter. You see, the expert recanted.

The same expert who coined the term ‘super-predator’ now acknowledges that it was nothing but a ghost story, a terrifying myth with disastrous consequences. In an amicus brief to the Supreme Court in support of Miller and Jackson, this expert—and others—note that the juvenile crime rates actually dropped from 1994 to 2000. But a relative handful of children accused of serious crimes—a grossly disproportionate number of them children of color—found themselves caught permanently in the web spun by academics and politicians, sentenced to die in prison with no hope of release no matter how they might transform and reform themselves. Once we give up on these children, many prisons compound the hopelessness by failing to provide access to educational programs.

This coming week the Supreme Court will revisit the subject. The hearing will involve two different cases, both young boys who at the age of 14 committed murder. Both cases shared another characteristic – a sentence of life in prison with no potential for parole.

The outrage was immediate among advocates, who called the sentence “brutal” for failing to recognize the difference between the actions of the immature youths and the actions of an adult.

Judge Gail Garinger, State Child Advocate for Massachusetts and former juvenile court justice, weighs in on the matter (via The New York Times):

Homicide is the worst crime, but in striking down the juvenile death penalty in 2005, the Supreme Court recognized that even in the most serious murder cases, ‘juvenile offenders cannot with reliability be classified among the worst offenders’: they are less mature, more vulnerable to peer pressure, cannot escape from dangerous environments, and their characters are still in formation. And because they remain unformed, it is impossible to assume that they will always present an unacceptable risk to public safety.

The most disturbing part of the superpredator myth is that it presupposed that certain children were hopelessly defective, perhaps genetically so. Today, few believe that criminal genes are inherited, except in the sense that parental abuse and negative home lives can leave children with little hope and limited choices.

As a former juvenile court judge, I have seen firsthand the enormous capacity of children to change and turn themselves around. The same malleability that makes them vulnerable to peer pressure also makes them promising candidates for rehabilitation.

Let us hope the good sense behind the murder decision in 2005 has a resurgence while they contemplate the current situation. The Alabama Equal Justice Initiative is arguing on behalf of the defendants, and their assertion that life in prison for juveniles constitutes cruel and unusual punishment is one that we support.

It is not that we in any way condone the actions, the loss of human life is horrible no matter the circumstances. The simple fact is that young people and adults have a number of purely biological differences. Brain imaging studies have shown that the parts of the adolescent brain responsible for controlling thoughts, actions and emotions are not fully developed. For this reason alone it is imperative that we use appropriate standards for punishment as opposed to dealing with them like adults.

For more on this subject please check out our latest book- Born, Not Raised: Voices from juvenile Hall. It’s hot of the presses having only been released this last week!

Faces of Justice: An Interview with Judge Irene Sullivan

JudgeSullivanJudge Irene Sullivan is a well known figure in Florida and nationally when it comes to the subject of juvenile justice. A retired judge she is currently an adjunct professor at Stetson University College of Law and has been the juvenile track leader for circuit judge’s education.

For more information about Judge Sullivan please see her full bio at the end of this interview. The number of task forces she is on is truly stunning! But now, on with the interview!

HE: What drew you to working with juvenile justice in the beginning? Was it the focus of your work as a trial lawyer or was it something that began after you attained the judiciary?

IS: I’d never done any juvenile or criminal work as a trial lawyer.  When elected to the bench in 1998, I was assigned to family law, i.e. divorces, domestic violence, etc. After three years, I was asked to move to our newly-created Unified Family Court, where I would serve as a juvenile judge handling both dependency (child abuse, abandonment, neglect) cases and delinquency, as well as related family law matters of the parents or guardians of the kids who appeared before us. It was an experimental court and I jumped at the opportunity to serve in a “one family, one judge” model, which I did for nine years. I enjoyed the kids the most, even the delinquent ones!

HE: Would you be kind enough to tell us a bit about your visit to Umatilla Academy for Girls and how it influenced your stance and actions since then?

IS: Umatilla Academy for Girls was a residential program for high risk girls located in a former children’s hospital in a small central Florida town. Not long after becoming a juvenile judge, I visited the program as three of the girls from our circuit had been sentenced there. I actually wept when I saw the atrocious conditions of the place: dirty walls, dirty sacks for clothing, terrible food, no exercise, girls running wild, screaming inside, and no doors on the toilets or curtains on the showers, despite the presence of male guards. It was awful, and after my findings were confirmed, it was shut down. That experience taught me that kids deserve kind and nurturing treatment everywhere, even when committed, and that people will listen to make that happen.

HE: One hundred years ago the first juvenile courts were created in Chicago, Illinois. Today we find a system in shambles and the effectiveness that was once an example for the rest of the world seems long lost. What factors do you believe brought us from there to here?

IS: Hopefully, we’re slowly returning to more of the old Chicago court juvenile model. For the last 25 years, kids have been treated like adults; we’ve lost focus on prevention, diversion and rehabilitation; legislators run on “tough on crime” platforms that include kids, and public schools have turned into places where a kid first gets arrested. It’s beginning to turn around, especially in states like Florida under the enlightened and inspired leadership of Department of Juvenile Justice Secretary Wansley Walters.

HE: Let’s talk a bit about Evanston High School. Last May you wrote a column for the Juvenile Justice Information Exchange in which you levied high praise on their approach and it’s effectiveness. Now that you’ve had half a year to process the experience would you share a bit about it with our readers?

IS: At Evanston High School just north of Chicago, I became part of a “peace circle” of students, teachers and counselors who shared their deepest fears and desires, and then promoted restorative justice as a better way to deal with school-based infractions.  I learned that a “peer jury” could deliver more appropriate sanctions than the court system, for example, having the disruptive student not only apologize to the teacher but show up early for a month to help her organize her classroom, and not have a criminal record. It’s a wonderful program and should be replicated nationwide.

HE: What would you point out as exemplary programs for dealing with juvenile offenders both in Florida and nation- wide? To what do you attribute their success?

IS: Florida is know for its progressive, humane and nurturing girls programming, in and out of residential care, due to the efforts of Dr. Lawanda Ravoira, with the National Center for Girls headquartered in Jacksonville, and Pace Center for Girls, which has 17 alternative schools throughout the state where counseling, education, therapy and mentoring is delivered in a very therapeutic way to at risk girls who have histories of physical, sexual and emotional abuse. Other evidence-based programs throughout the country, such as those run by the Annie E. Casey Foundation and the Robert Wood Johnson Foundation, have revolutionized detention care and juvenile drug treatment. As more dollars are put into prevention and diversion, we are starting to see juvenile jails being closed or consolidated.

HE: What do you espouse as the best means of combating recidivism among juvenile offenders?

IS: Recidivism is a big problem in the re-entry of teenage boys from residential programs back into the community. The best way to reduce it is through a re-entry program designed by Parenting with Love and Limits (PLL),created by Dr. Scott Sells, that brings the family and family counseling into the residential program from the time the juvenile is first committed, and follows the juvenile and family after re-entry into the community, to provide aftercare and prevent recidivism. The PLL program not only works to reduce recidivism, it shortens the length of residential stay as it is based on an “earned release” philosophy.  You can’t fix the kid until you fix the family, and that’s what PLL does.

HE: Much like our own Susan Lankford, you also utilize a lot of personal narrative in your book, Raised By The Courts. Did you collect all those stories yourself or were you assisted by other interviewers? How did those interviews change your own perspective on the issue?

IS: The stories in my book, Raised by the Courts: One Judge’s Insight into Juvenile Justice, are all true stories of the kids who appeared before me. Only the names have been changed. I began collecting these stories almost from “day one” on the juvenile bench, when I realized how complicated the lives of these kids were, how much chaos and violence they were exposed to daily, not only on the street but in the home.

HE: What would you say are the three most important things you have learned from your years dealing with these issues from the bench?

IS: The three most important things I learned, out of many, are that kids are not born bad; all kids need love, nurturing and, most important, hope, in their lives, and that a single caring adult can make a big difference in the life of the most hardened child.

HE: Every day it seems like technology progresses by leaps and bounds. What online tools do you think could improve our engagement with at risk youth, or allow us to serve them in a more efficient and cost effective fashion?

IS: I’m not the most computer literate person, that’s for sure, but I think that the internet, laptops, appropriate use of social media, can bring to many at risk kids the sense of connection and hope for the future that is lacking in traditional education and upbringing. I’m optimistic about it, despite the dangers of “sexting,” etc.

HE: Internet rumors are floating around about a new book as a follow up to Raised By The Courts. Is there any substance to them, and if so is there a timeline for publication yet?

IS: Yes, if I can discipline myself to finish it, I have a biography of one of the most abused and mistreated young men in my book in the works, as well as a fictional series based on juvenile court. Sort of like:  Law and Order in Juvenile Court!!!  Thanks for asking.

HE: Thank you for joining us Judge Sullivan, keep up the good work!

About Irene Sullivan: Judge Sullivan served as a juvenile and family court judge from 1999-2011 in the St. Petersburg/Clearwater area of Florida. Prior to that, she was a general partner at Harris, Barrett, Mann & Dew, L.L.P. in St. Petersburg, Florida, where she had a civil trial practice for 22 years and became an A-V rated trial lawyer.

She obtained a Juris Doctorate degree from Stetson University College of Law, cum laude, and a Bachelor of Science in Journalism, with honors, from Northwestern University’s Medill School of Journalism, in Evanston, Ill.

Judge Sullivan received the following awards:  The Florida Network of Youth and Family Services, Inc. Outstanding Community Partner Award; Clearwater and St. Petersburg Bar Associations’ Annual Judicial Appreciation Award; Stetson University College of Law Ben C. Willard Distinguished Alumni Award; Guardian ad Litem Community Advocate Award; Florida Association of School Social Workers’ Diamond Award; Salvation Army’s Children’s Justice Award; Pinellas Enrichment Through Mental Health Services (PEMHS) P.A.C.E. Award; Family Resource’s Family Advocate Award; Community Action Stops Abuse (CASA) Domestic Violence Champion Sponsor Award.

She has presented at many conferences and seminars involving juvenile crime, the importance of prevention and diversion, truancy, domestic violence and mental health issues for juveniles. In February, 2011, she was a keynote speaker at the Adolescent Conference sponsored by the Florida Juvenile Justice Association and the Florida Alcohol & Drug Abuse Association, where every registrant received a copy of her book, Raised by the Courts: One Judge’s Insight into Juvenile Justice, released by Kaplan Publishing Co. in November, 2010.

She currently sits on the following boards or task forces: The American Bar Association’s Commission on Youth At Risk; The Ounce of Prevention of Florida, Inc., PACE for girls, state and local; The Pinellas Community Foundation, The InterCultural Advocacy Institute; Florida Disproportionate Minority Contact Task Force; Blueprint Commission to Reform Juvenile Justice, and the Juvenile Indigent Defense Action Network at Barry University Law School, funded by the MacArthur Foundation. She’s an adjunct professor at Stetson University College of Law and has been the juvenile track leader for circuit judge’s education.

Virginia Places Richmond Juvenile Detention Center on Probation

really, Richmond, *every* way?There are 55 state-regulated juvenile facilities currently on probation. The Richmond Juvenile Detention Center in Virginia might  be the first one to be de-certified and shut down.Opened in 1996, the 60-bed center on Oliver Hill Way has been found to have a number of issues with it’s infrastructure. Considering the age of the building and the beating it received from Tropical Storm Gaston it is hardly surprising.

The State Board of Juvenile Justice made the decision last Tuesday, citing concerns about the physical state of the facility. Numerous upkeep and maintenance issues were mentioned.

This action comes in the wake of The Virginia State Conference of the NAACP bringing up concerns about the conditions and safety at the detention center. Worrisome claims about poor staff training and even more worrisome ones about possible forgery of staff certifications were brought to the table and are currently being investigated.

An audit of the facility by the Richmond City Auditor followed the NAACP complaint, an audit that verified that several of the claims about conditions there were accurate. From malfunctioning intercoms and security cameras to doors with broken locks the evidence was plainly visible.

Will Jones of the Richmond Times-Dispatch notes that some funds to fix the problems have been made available recently. A mere few weeks ago as a matter of fact.

Last month, Richmond awarded a $344,000 emergency contract to replace malfunctioning intercom systems, install new computer equipment and update video recording and monitoring systems. Officials said they’re also fixing door-security sensors and making operational changes to address state requirements for training and other issues.

While the mayor’s office assures the press that this is prioritized, only time will tell. Crumbling infrastructure is a chronic problem in older facilities. It remains to be seem whether it will mean the end of this one.

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

DOJ Increases Juvenile Justice Oversight: Meridian, MS in the Crosshairs

Mississippi State Capitol

Mississippi State Capitol with Confederate Flag

I’m from the South so when I think of Meridian, MS the first thing that comes to mind is the murder of three civil rights activists in 1964. James Chaney, Andrew Goodman, and Michael Schwerner were killed that year by white supremacists. It was a major rallying point for the civil rights struggles of the period.

Forty-seven years later the Department of Justice has Meridian in it’s sights because of the alleged targeting of black students by both law enforcement and school officials. It would seem that race is still a major issue, a fact unsurprising to those of us who have visited the town.

Jess Bravin, blogger for the Wall Street Journal’s Law Blog, takes look at some of the details:

The department is investigating whether city and county authorities have a “pattern or practice” of violating the youths’ constitutional rights, specifically the 14thAmendment’s guarantees of due process and equal protection of the law, and the Fourth Amendment ban on unreasonable searches and seizures.

Department officials said the allegations involve a ‘very tight relationship’ between the schools and the juvenile court that works to put black students under law enforcement supervision. Black students cited ‘for very minor infractions end up in front of a juvenile judge,’ who then sentences them to probation contingent on compliance with school rules, an official said. That way, ‘kids who’ve been out of school uniform by wearing the wrong color jacket or shirt’ can be sent to juvenile hall for a probation violation. White students allegedly are treated more leniently for similar behavior, officials said.

Unequal enforcement with a core of racial bias is a far too familiar story in the Deep South. Whether this proves to be the case with the current state of affairs in Meridian or not the city’s past history engenders a highly critical initial attitude.

This investigation is the Civil Rights Division’s second ever into juvenile justice, and officials have stated that others will probably be following close to it’s heels.

Braven notes that the invesitagtion is proceeding under the 14th Amendment. That’s the amendment that authorizes the feds to stop states from violating individual constitutional rights. The Civil Rights Act of 1964 and the Violent Crime Control and Law Enforcement Act of 1994 specifically prohibit juvenile justice agencies from violating young people’s constitutional rights and codify the Justice Department’s enforcement authority in these cases.

Civil Rights Division chief, Assistant Attorney General Tom Perez weighed in on the subject in no uncertain terms:

‘The juvenile justice system should not serve as a stop on the way to the adult prison system,’ Mr. Perez said. ‘This is why the department is committed to investigating Meridian schools for allegations that children are being severely punished for the most minor infractions of school rules. This would be an abuse of the justice system and clearly unconstitutional.’

Not only is it unconstitutional, but it is also a clear recipe for recidivism. If the allegations are correct Meridian is doing exactly what it needs to do in order to create hardened criminals rather than rehabilitated members of society. Add in the racial angle and this could be an explosive investigation.

We will be monitoring the investigation and report back when there is further news.

Image Source: Ken Lund on Flickr, used under its Creative Commons license

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

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?
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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

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

The Polk County Incarceration Scandal

Despite the advances being made in nearby Texas, Florida finds itself at the middle of a controversy about it’s treatment of youth offenders. Let’s start withthis video report from Fox News:

Polk jail at center of debate over jailing juveniles : MyFoxTAMPABAY.com

Chase Purdy, a writer for The Ledger, called it “duelling press conferences.” I think that’s apt. Sheriff Judd’s rather dismissive comment about “y’all silly people,” when addressing his opponents is annoyingly condescending, although his point seems on the surface to be a good one. How can the ACLU complain without having visited the facility in question?

That first impression lacks both context and nuance. Yes, it may well be much more cost effective than their prior approach, but can it be as cost effective as the Texas way? There is still a huge sum of public money needed to incarcerate someone. Far less funding is required to rehabilitate and reintegrate them into society. The numbers demonstrably prove that, as does the increasing number of states moving away from a “lock ’em up” mentality about juveniles.

One thing that needs clarification is the language used. To clarify the difference jails are basically short term holding tanks and are operated by the county. Prisons on the other hand are run by the state and are geared toward long term incarceration.

As a result jails are geared for a more transitory population by nature. Anyone who has ever had a court date knows that it can sometimes be months, occasionally even years, before the day in court comes around. That’s a long time, doubly so for children. This is especially true when the facility in question is designed for adults, an age segment with wildly different needs.

We will be keeping an eye on Polk County as this develops.