Youth in the Adult Criminal Justice System 18 th National Symposium on Juvenile Services October 16,...
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Transcript of Youth in the Adult Criminal Justice System 18 th National Symposium on Juvenile Services October 16,...
Youth in the Adult Criminal Justice System
18th National Symposium on Juvenile Services
October 16, 2012 9:00-11:00am
Panelists2
Removing Youth From Adult Jails
Elissa Rumsey, Compliance Monitor Coordinator Office of Juvenile Justice and Delinquency
Prevention
Thach Nguyen, Senior Manager Multnomah County Juvenile Service
Division
Liz Ryan, President and Chief Executive Officer Campaign for Youth Justice
Youth in Adult System Highlights
3
An estimated 250,000 children are prosecuted, sentenced, or incarcerated as adults each year in the United States.
Most of the youth prosecuted in adult court are charged with non-violent offenses.
If detained pre-trial, two-thirds of youth prosecuted as adults are held in adult jails.
Youth sentenced as adults receive an adult criminal record, are often denied employment and educational opportunities, and can be barred from receiving student financial aid.
While in adult jails or prisons, most youth are denied educational and rehabilitative services that are necessary for their stage in development.
Currently, 40 states permit or require that youth charged as adults be held before they are tried in an adult jail. In some states, if they are convicted, they may be required to serve their entire sentence in an adult jail.
Youth Housed in Adult Jails and Prisons
4
Nearly 100,000 children are housed in adult jails and prisons each year.
Youth in adult system are at the greatest risk of sexual victimization.
Many youth who are held in adult jails have not even been convicted. Research shows that many never will. As many as one-half of these youth will be sent back to the juvenile justice system or will not be convicted.
Many children are often placed in isolation which can produce harmful consequences, including death. Youth are frequently locked down 23 hours a day.
Youth housed in adult jails are 36 times more likely to commit suicide than are youth housed in juvenile detention facilities.
How do Youth Get to the Adult System?5
Youth in the Adult System cont.
6
State Trends Highlights7
Turning the Tide In the past 5 years, more than 30 pieces of
legislation in nearly half of the states have changed their laws regarding youth in the adult system.
These trends are not short-term, but is a long-term restructuring of the juvenile justice system.
Reform efforts have been in all regions of the country and supported by bipartisan legislators and governors.
State Trends8
TREND 1--States and local jurisdictions remove youth from adult jails and prisons. Colorado, Maine, Virginia, Minnesota, Idaho, Ohio, Oregon, Texas and Pennsylvania.
TREND 2--States raise the age of juvenile court jurisdiction. Connecticut, Illinois and Mississippi.
TREND 3--States change transfer laws to keep more youth in juvenile courts. Arizona, Colorado, Connecticut, Delaware, Illinois, Nevada, Ohio, Utah, Virginia and Washington.
TREND 4--States rethink sentencing laws for youth. Colorado, Georgia, Texas and Washington.
Oregon
2008 Multonomah County Resolution.
2011 statewide law to remove youth from adult jails through county option.
9
Ohio 10
2012 Law passed to remove youth from adult jails pretrial
2011 Law passed to provide for youth to be sent back to juvenile court from adult criminal court
Texas
2011 Law passed to remove youth from adult jails through county option.
11
Colorado
Series of reforms:
2012 Remove youth from adult jails pre-trial
2012 Provide judges more discretion whether youth should be in adult court
12
Virginia
2012
SB 259, was passed unanimously by the Virginia House of Delegates and the Virginia Senate.
The legislation creates a presumption that youth who are being tried as adults are held in juvenile detention centers pretrial.
13
Multnomah County High-Risk Youth: Detention Policy & Practice Options
14
Thach Nguyen, Senior Manager
Department of Community Justice, Multnomah County
Profile of Multnomah County15
Oregon’s Most Populous County: 735,000 residents
Size of Juvenile Population (10 – 17 yoa): 68,194
• White: 66%• African American: 9%• Asian: 8%• Hispanic: 15%• Other: 2%
Juvenile Offenders as Percent of County Juvenile Population: 3%
Initiatives Shaping Multnomah County Detention Population:
16
JDAI Model Site – began 1992
Ballot Measure 11 - passed 1994
County Resolution No. 08-166 – passed 2008
Two Distinct Populations17
Trends in Annual Admissions2008 Resolution passed
Two Distinct Populations18
Comparison of Average Length of Stay
Common Questions: Are the youth charged with adult
crimes significantly harder to manage?
19
Two Distinct Populations20
Comparison of RAI Scores
Common Questions: How does the County manage youth
charged with adult crimes?
21
Detention Enhancements: 22
Modified activities for long-term populations: Drug and alcohol education Latino support group African American support group
Behavior management system Enhanced visiting program for good behavior
Common Questions: Has the County seen an increase in peer fights/assaults since the
resolution passed?
23
Incident Reports24
Since the 2008 resolution, there has been no observable increase in the number of reported peer fights or assaults.
Since the 2008 resolution, there
has been no observable increase in the number of reported peer
fights or assaults.
Year # Fights/Assaults
2008 53
2009 39
2010 49
2011 34
Common Questions: How often has the County elected to
transfer a youth to an adult facility due to a youth’s behavioral issues?
25
Youth Releases26
Since the 2008 resolution, very few youth have been released to the Adult jail for behavior reasons:
Only nine Ballot Measure 11 Youth have been released to an adult jail for behavioral
issues.
Year # Youth
2009 5
2010 3
2011 0
2012 (to–date) 0
Summary: 27
The Multnomah County Juvenile Detention home is the presumptive placement for a youth facing Measure 11 charges.
Our staff are trained and committed to providing a safe, secure, and enriching environment for these youth.
With modest enhancements to structured activities, juvenile detention is a safe and effective placement for these youth.
Since the resolution, Multnomah County has experienced no discernible disruptions to our operations and ability to meet our public safety goals.
Acknowledgements28
For More Information:
Please visit our website at:
http://web.multco.us/dcj-juvenile
Craig Bachman, Detention Manager
Dr. Kimberly Bernard, Communications Manager
Christina McMahan, JSD Assistant Director
Liang Wu, Data Analyst
National Institute of Corrections Report: “You’re An
Adult Now”
29
Elissa Rumsey, Compliance Monitor Coordinator
Office of Juvenile Justice and Delinquency Prevention
NIC “You’re An Adult Now” Report
30
Youth in Adult Criminal Justice Systems
Released January 2012
The report gathered statistics, reviewed the issues, impacts, and options that detention and correctional leaders face when they manage youth in the adult system.
Raise awareness of these issues.
There needs to be a re-evaluation of the best way to curb delinquency and increase positive youth development.
Report Contributors31
A list of some of the contributors to the NIC Report
Multnomah County Community Corrections – Portland, Oregon
Bureau of Justice Statistics – Washington, DC
National Council on Crime and Delinquency – Oakland, California
Youth in Jail32
Most states allow pre-trial youth charged as adult be house in adult facilities
39 states allow youth to be jailed Of the 39, only 20 states have protection
for the youth Six of the 39 states have age restrictions
Dangers Youth Face in Jail33
75% of all deaths of youth in adult jails were due to suicide (BJS Survey)
Little access to rehabilitation and family support
Lack of services for youth development: 40% of jails provided no educational
services 7% of jails provided vocational training
Dangers Youth Face in Jail34
Increase risks of self-harm and abuse when youth are placed in adult pretrial environment
In 2005 and 2006, 21% and 13% respectively, of the victims of sexual violence in jails were youth under 18
Only 1% of all jail inmates are juveniles
Policy Recommendations35
Policymakers should discuss the appropriate place for youth pretrial and consider the costs
Pretrial Release Options for Youth Defendants in Adult Court
Stakeholders should consider case processing agreements to reduce time for a case to go through a system.
Federal Resources36
National Center for Youth in Custody http://nc4yc.org/
PREA Resource Center http://www.prearesourcecenter.org/
OJJDP Technical Assistance http://www.ojjdp.gov/programs/tta.html
Snapshot of Policy Statements
37
National Partnership for Juvenile Services resolution on youth in adult facilities
Professional Associations with policy statements:
American Jail AssociationAmerican Correctional AssociationCouncil of Juvenile Correctional AdministratorsCoalition for Juvenile Justice
National Youth Justice Awareness Month – October Events
Alabama – Oct. 27 Colorado – Oct. 20 Florida – Oct. 27 Illinois – Oct.21 Maryland – Oct. 18 Mississippi – Oct. 27 Missouri – Oct. 26 New Jersey – Oct.
20 Oregon – Oct. 27
38
National Youth Justice Awareness Month – October
39
Watch and share the Alliance for Youth Justice PSA & connect with your local AYJ affiliate: http://www.campaignforyouthjustice.org/family-resource-center.html
Find a YJAM event in your hometown & take action: http://www.campaignforyouthjustice.org/national-youth-justice-awareness-month.html
Help us spread the word about Youth Justice! Facebook Campaign for Youth Justice or follow
us on Twitter @ JusticeForYouth