Youth in the Adult Criminal Justice Systems: A State Trends Update. Carmen E. Daugherty, Esq. Policy Director CAMPAIGN FOR YOUTH JUSTICE

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1 Youth in the Adult Criminal Justice Systems: A State Trends Update Carmen E. Daugherty, Esq. Policy Director CAMPAIGN FOR YOUTH JUSTICE

2 YOUTH IN ADULT JAILS AND PRISONS Youth who are charged as adults can be held pre-trial in adult jails. An estimated 4,600 youth in adult jails on any day. 0.6% of the jail population Youth sentenced as adults can be placed in adult prisons. An estimated 1,800 youth in adult prisons on any day. ACLU/HRW estimate 95,000 youth in adult jails and prisons annually in the U.S.

3 Receive fewer, if no, rehabilitative supports including: Education Treatment Vocational Training When youth reenter their communities: They are subject to increased labeling and stigma May have weakened ties to family and other support systems; Will have difficulty finding and keeping a job. Youth in Adult Jails and Prisons

4 Researchers have yet to find any evidence of a deterrent effect. Instead, studies have consistently found that youth tried in the adult system are significantly more likely to break the law than similar youth retained in the juvenile justice system e.g.: Centers for Disease Control & Prevention. (2007) Effects on Violence on Laws & Policies Facilitating the Transfer of Youth from the Juvenile to the Adult Justice System: A Report on Recommendations of the Task Force on Community Preventive Services. MMWR 2007; 56 (No. RR-9) Richard E. Redding, Juvenile transfer laws: An effective deterrent to delinquency? (Washington, D.C.: U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention) (June 2010) Lanza-Kaduce, L., Frazier, C., Lane, J., & Bishop, D., Juvenile Transfer to Adult Court Study: Final Report (2002) Research: Youth in the Adult System

5 Juvenile Detention Reform Efforts The Annie E. Casey Foundation s 2013 KIDS COUNT data snapshot found that the rate of young people locked up because they were in trouble with the law dropped more than 40 percent over a 15-year period, with no decrease in public safety. The snapshot indicates that the number of young people in correctional facilities on a single day fell to 70,792 in 2010, from a high of 107,637 in 1995.

6 National Conference of State Legislatures report on juvenile justice shows that: During the past decade, juvenile crime rates have declined, and state legislatures are rebalancing approaches to juvenile crime and delinquency in order to identify methods that pro-duce better results for kids at a lower cost. STATE TRENDS

7 STATE TRENDS During the past 9 years, 29 states enacted over 40 pieces of legislation to reduce the prosecution of youth in adult criminal court and end the placement of youth in adult jails and prisons Trend 1: Eleven states have passed laws limiting states authority to house youth in adult jails and prisons Trend 2: Five states have expanded their juvenile court jurisdiction to include older youth Trend 3: Fifteen states have changed their transfer laws to keep more youth in juvenile court Trend 4: Twelve states have changed their sentencing laws to account for developmental differences between youth and adults

8 Limiting states authority to house youth in adult jails and prisons: Colorado Idaho Indiana Maine Nevada Ohio Hawaii Virginia Pennsylvania Texas Oregon TREND 1

9 As a matter of policy, the Department supports strong limitations on the confinement of adults with juveniles. --June 20, 2012 PREA Standards U.S. Department of Justice PREA Regulations

10 National Prison Rape Elimination Commission Report (June 2009) FINDING 7: Juveniles in confinement are much more likely than incarcerated adults to be sexually abused, and they are particularly at risk when confined with adults. To be effective, sexual abuse prevention, investigation, and treatment must be tailored to the developmental capacities and needs of youth.

11 Section requires: No youth under 18 years of age can be placed in a housing unit where contact will occur with adult inmates in a common space, shower area, or sleeping quarters. Outside of housing units, agencies must either maintain sight and sound separation i.e., preventing adult inmates from seeing or communicating with youth or provide direct staff supervision when the two are together. Agencies must avoid placing youth in isolation and, absent exigent circumstances, must afford them daily large-muscle exercise and any legally required special education services, and must provide them access to other programs and work opportunities to the extent possible. PREA Youthful Inmate Standard

12 How are states Implementing PREA s Youthful Inmate Standard? Creating an Interagency Memorandum of Understanding (MOU), agreement or contract between state agencies or local agencies to house youth in juvenile detention and/or correctional facilities. Modifying state and local policies through executive orders or new regulations to remove youth from adult facilities. Updating federal, state and local statutes, resolutions and ordinances to remove youth from adult facilities.

13 Expanded their juvenile court jurisdiction so that older youth who previously would be automatically tried as adults are not prosecuted in adult criminal court ( Raise the Age ): Connecticut Illinois Mississippi Massachusetts New Hampshire TREND 2

14 Changed their transfer laws making it more likely that youth will stay in the juvenile justice system: Arizona Colorado Connecticut Delaware Illinois Maryland Utah New York Nevada Utah Virginia Washington Ohio Washington, DC Nebraska TREND 3

15 Changed mandatory minimum sentencing laws, allowed for post-sentence review for youth facing juvenile life without parole, or other sentencing reforms California Colorado Georgia Indiana Hawaii Missouri Ohio Washington Texas West Virginia Florida Iowa TREND 4

16 What Professional Associations Agree On (1) Youth should never be automatically prosecuted in the adult criminal court. (2) Youth charged with non-violent offenses and firsttime offenders should not be prosecuted in adult criminal court. (3) Youth should be removed from adult jails and prisons. (4) Youth should be treated in developmentally appropriate manner throughout the justice system. (5) Harsh sentences for youth, such as mandatory minimums, should be eliminated.

17 Professional Associations Statements: The American Jail Association: The American Jail Association be opposed in concept to housing juveniles in any jail unless that facility is specially designed for juvenile detention and staffed with specially trained personnel. National Partnership For Juvenile Services: It is the position of NPJS that waived or transferred juveniles accused of committing a crime and requiring temporary holding in a secure setting be held in a juvenile detention pending judicial determination to the contrary. National Association of Counties: Counties are urged to remove juveniles from correctional facilities which detain accused or adjudicated adults.

18 Polling shows that the public: Rejects the placement of youth in adult jails and prisons. Favors rehabilitation and treatment approaches such as counseling, education, treatment, restitution and community service. Favors involving the youths families in treatment, keeping youth close to home and ensuring youth are connected with their families. Favors individualized determinations on a case-by-case basis by juvenile court judges in the juvenile justice system than automatic prosecuting in adult criminal court. Supports requiring the juvenile justice system to reduce racial and ethnic disparities. OPPORTUNITY FOR CHANGE

19 Contact: Carmen Daugherty Campaign for Youth Justice

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