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Juvenile Court of Memphis and Shelby County System Assessment Report

By Jasmine J. Jackson, Amber Nogelmeier, and Erica Bower, with assistance from Valerie Meade and Amanda Coscia

The intended purpose of the youth justice system is to maintain public safety by balancing accountability with rehabilitation and provide youth with opportunities that foster positive development and long-lasting behavior change. Over the past two decades, youth justice systems across the country have shifted their approach, embracing community-based alternatives to more costly, harmful, and unavailing carceral responses to youth behavior. Increasingly, leaders recognize effective, evidence-based approaches to minimize justice system exposure by diverting young people from formal system involvement when possible, limiting out-of-home placement to only the most serious cases, and connecting young people

with resources, services, and supports in their own communities. To enhance staff-client interactions and reduce a youth’s likelihood to re-offend, youth-serving systems are leveraging research to incorporate evidence-based and data-driven practices into every aspect of the system. When used effectively, these practices establish the foundation for improving long-term success for the youth they serve. Using individualized approaches informed by research on adolescent development, tailored to a youth’s identified needs, emphasizing strengths, and holistically involving their family and community, as well as holding youth accountable in developmentally appropriate manners fosters a young person’s growth, and creates opportunities for positive behavior change. To effectively make this shift, youth justice systems are taking a comprehensive look at their policies, practices, and data to gain a better understanding of the youth being served and the impact of the various system responses. That information is then utilized to inform policy changes, training needs, and strategies for system improvement. Shelby County is Tennessee’s largest county in population and size. Its county seat, the City of Memphis, is the second most populated city, behind Nashville. According to the 2022 Census figures, the population estimate of Shelby County is 926,440 people,8 while Memphis makes up approximately 68 percent of the County’s population.9 The largest racial group, representing just over half of the population in Shelby County, is Black or African Introduction Background American (54%), followed by white (37%).10 Almost 25 percent of the population in Shelby County is under 18 years of age,11 with nearly 24 percent of the children in this age group living in households with incomes below the poverty level, higher than the percentage of children in poverty overall in Tennessee.12 During the last decade (2012 to 2022), Shelby County was among Tennessee’s 10 counties that saw the largest declines in the overall crime rate for youth under age 18, but the current rate is still higher than the Tennessee crime rate for the same group.13 In 2022, 3,301 Shelby County children ages 10 to 17 were referred to court for delinquent, status, and / or unruly offenses.14 According to the most up-to-date figures, the rate at which Black or African American children under the age of 18 were brought into court for the same offenses was significantly higher than the rate for white youth.15 It should be noted that the 2020 rate for Black or African American youth brought into court in JCMSC was 19.1 per 1,000 youth, while the rate for white youth was 6.1 from the same population. The mission of the Juvenile Court of Memphis and Shelby County (JCMSC) is to provide interventions that result in positive outcomes for families and children, by addressing family matters with dignity and respect, and when necessary, holding youth accountable in developmentally appropriate ways.16 In August 2022, after nearly a decade of his predecessor’s leadership, the Honorable Judge Tarik B. Sugarmon was elected to serve as the new juvenile court judge. A transition team was established to support Judge Sugarmon, his leadership staff, and their goals of having a more data-driven, trauma-informed court. To further support this transition, JCMSC established an implementation team (a subgroup of the transition team) and solicited the Crime and Justice Institute (CJI) for assistance. In October 2023, JCMSC requested CJI to conduct a comprehensive system assessment of their Court Services Division which encompasses the following Bureaus: Children’s Services, Youth Services, Evaluation and Referral, and Detention Services as well as the Youth Court Program. The Court Services Division serves the community by working with children under the age of 18 who are court-involved and alleged to be delinquent, unruly, and/or dependent and neglected. The purpose of this system assessment is to understand the Court Services Division’s current

practices, the impact of those practices, and inform recommendations for court improvement, as well as implementation strategies for meeting JCMSC’s mission and improving outcomes for justice-involved youth in Memphis and Shelby County. At the time of the system assessment, Shelby County Sheriff’s Office provided oversight to Detention Services; therefore, limited analysis was completed as it pertains to the interworking of this Bureau. System Assessment To better determine where the Court Services Division should focus its improvement efforts, CJI used a systematic, multi-pronged approach to perform a system assessment, including a qualitative assessment and quantitative data analysis. This process allowed CJI to thoroughly evaluate the Court Services Division’s policies and practices and their impact on outcomes relevant to the youth justice population, thus helping inform research-based considerations for system improvement in court processes, data collection practices, and supervision practices. The following sections describe CJI’s system assessment methodology.

Boston: Crime and Justice Institute, 2024. 52p.

The Impact of Raise the Age and Bail Reform on the City’s Juvenile Detention Facilities

By The City of New York Department of Investigation

This report examines the impact of Raise the Age (“RTA”) legislation and Bail Reform on the City Administration for Children’s Services’ (“ACS”) two juvenile detention centers: Horizon Juvenile Center in the Bronx and Crossroads Juvenile Center in Brooklyn, operated by ACS’s

Division of Youth and Family Justice (“DYFJ”). The Report explains that these legislative changes pose significant challenges for these juvenile facilities, including managing an older population facing more serious and violent charges; and describes some of the specific incidents that have occurred at Horizon and Crossroads that demonstrate the safety risks to both residents and staff. The Report also explores key issues that include a troubling pattern of resident misconduct, criminal activity and lack of staff control over the facilities since the implementation of RTA and Bail Reform, as well as deficiencies in the behavior management systems ACS uses. DOI issued 15 recommendations to ACS in key areas including behavior management and disciplinary systems in the facilities, and staff training. ACS has accepted seven of these recommendations, two have been already implemented; five are either partially accepted or partially implemented; and three recommendations were declined.

The Report examines three main areas of concern: 1: STRIVE – A Behavioral Management Tool Used by ACS STRIVE, which stands for Safety, Teamwork, Respect, Integrity, Values, and Engagement, is a tool used to manage and document resident behavior and maintain a safe environment. DOI determined that STRIVE is inadequate to deter behaviors such as youth-on-staff assaults, security breaches, and contraband possession. DOI also found flaws in the daily management of STRIVE documentation. 2: Safe Crisis Management When violence or misconduct occurs within the facilities, ACS seeks to restore order and maintain the safety of youth and staff in detention using the least intrusive and least restrictive intervention necessary. In response to an incident, staff employ Safe Crisis Management (“SCM”), a comprehensive crisis intervention behavior management system that promotes non-physical intervention. Based on DOI’s SCM training observations, as well as the incidents and discussions with staff described in the Report, DOI concludes SCM is insufficient to maintain order in the facility. 3: Staffing Challenges With the increase in the number of residents in juvenile detention facilities, ACS has worked to increase the number of YDS who are part of a team of direct care staff at the facilities. Despite this effort, staffing issues continue. DOI’s investigation indicated an urgent need for additional hires and better working conditions at both facilities, as under-staffing poses a significant challenge to order, morale, and safety. Staffing challenges are also due in part to the relatively high number of YDS who are unable to work as a result of an injury sustained on the job, resulting in a Workers’ Compensation claim. During this investigation, DOI also heard concerns from staff about a lack of control over resident behavior and a lack of support from DYFJ management. Nearly every staff member with whom DOI spoke consistently stated, in substance, that ACS was ill-prepared for the new demographics of the RTA population, particularly the residents’ age, physical size, and violent criminal history. Staff members have asserted that now, some five years later, ACS remains unable to properly assess and handle the RTA population. Staff consistently cited a lack of physical safety for staff and residents, facilities controlled by residents rather than by staff, a lack of consequences for violent behavior and a lack of support from facility and DYFJ management.

New York: The City of New York Department of Investigation , 2024. 75p.

School-to-Prison Pipeline

By Haley Walker,

This article explores the intersect between mentally ill youth and the juvenile justice system. Mentally ill youth are disproportionately represented at every stage in the juvenile justice system due to their symptoms being mistaken for delinquent behavior. This stems from the legislators

reforming the juvenile justice system from rehabilitative to punitive over the years in an attempt to hold delinquent youth accountable for their actions. Federal statutes have been enacted and federally funded programs have been implemented that seek to address the mental health crisis in today’s youth and keep mentally ill youth out of the juvenile justice system. This article discusses the goals, regulations, and guidelines set forth by these statutes and programs along with the shortcomings that are faced when they are actually put into practice. This article then gives suggestions to improve these statutes and programs based on current research that has proven to be successful

22(2) Marq. Ben & Soc. Welfare L. Rev. 147 (Spring 2021)

A Youth Empowerment Model Designed to Tackle School Violence in South Africa

By Dewan, Fathima

School-based violence is of major concern in the South African schooling system, particularly in secondary schools. School-based violence has a negative impact on the physical, social, cognitive and emotional well-being of learners and teachers. To compound matters, family and community environment also play a role in escalating school violence. There is a need to develop interventions that are evidence-based and developmental in nature to address the issue of reducing school-based violence. Youth empowerment can be used as a helpful strategy to address the issue of school-based violence. This scholarly book focuses on using the framework of youth empowerment to address the issue of school-based violence. Through sound research, the author proposes that schools should involve learners in decision-making around school policies and design strategies to address school violence to create safer schools and a better school climate. The author further posits using key aspects of youth empowerment in school violence campaigns and programmes to increase youth motivation to collectively influence changes within their school through a process of shared decision-making, collective vision, and partnership with young people.

Cape Town: Avarsity Books, 2024. 218p.

A Legislative Guide to Safely Reducing Out-of-Home Placements for Youth

By Noella Sudbury

The incarceration rate for youth is steadily declining, and so is youth crime. Over the past decade, the number of minors committing violent crimes and property offenses has dropped by over 50 percent. In 2019, the number of youth arrests throughout the country was at an all-time low. Combined, these statistics show us that it is safe for communities to keep youth in their homes and to effectively address youth behavior through community-based programs. While these figures show significant progress, the confinement of youth in costly, out-of-home placements is still far too common. On any given day, approximately 43,580 children are confined in detention centers and secure residential treatment programs across the United States. At an average annual price tag of $148,767 per child, the cost of this intervention to U.S. taxpayers is more than $6 billion per year. While juvenile justice stakeholders around the country uniformly express an intent to use out-of-home placements as a last resort, the data shows that the vast majority of children in out-of-home placements are there for relatively minor offenses. According to the most recent numbers, 72 percent of young people in out-of-home placements have a non-violent offense as their highest charge. Research demonstrates that in most of these cases, a costly out-of-home placement is not useful, and leads to more recidivism than community-based alternatives. The term “out-of-home placement” is used in this piece to refer to a situation in which a child is ordered to complete some type of residential programming outside of his or her home. Out-of-home placements can be publicly or privately run and broadly include juvenile detention centers, residential treatment facilities, long term secure facilities and other settings like diagnostic centers or boot camps. While these interventions vary widely in shape, size and programming, most are large—housing between 20 and 200 kids—and most are locked, meaning that those housed there are not free to leave. This paper argues that for states to reduce their reliance on out-of-home placements, policymakers need to take more direct legislative action to limit the use of these costly interventions. To accomplish this goal, this study recommends three actionable solutions that will cost states less money, keep kids with families and make communities stronger and safer for everyone.

R STREET POLICY STUDY NO. 233 June 2021, 7p.