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.

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.

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)

By Stephen Case , Kathy Hampson and Andrea Nisbet

This Child First research project was commissioned by the Nuffield Foundation to gain a greater understanding of what children think about their collaboration in youth justice decision-making processes. Participation and engagement of children in youth justice processes and practice is vital, particularly since the Youth Justice Board’s adoption of Child First justice as its guiding principle and key strategic objective. Child First is an evidence-based framework for working with children incorporating four tenets: see children as children; develop pro-social identity for positive child outcomes; collaboration with children and promoting diversion away from the justice system. The focus for this project is the third tenet, ‘collaboration with children’. Purpose Children’s voices have traditionally been neglected within youth justice policy, practice and research, which have mainly been undertaken and developed by adults for adults. Consequently this project sought to readdress this imbalance with its child-focus of facilitating children to share their genuine perspectives and experiences of their involvement in decision-making processes. The study explored children’s collaboration in decisions affecting them at allstages of the Youth Justice System and focused on four interconnected research questions relating to: collaboration understandings, collaboration objectives, collaboration effectiveness and collaboration practise development. Methodology The qualitative methodological framework of Participatory Interpretivism was chosen, which prioritises coconstructing the research with justice-involved children to ensure child-centric, Child First, co-creation of all research elements. Two different sample groups of justice-involved children were identified from a range of community and custodial settings, in order to address the research questions through participatory and cocreated methods and analyses: Project Reference Group (PRG) of justice-experienced children (n= 22) collaborating together with researchers throughout the life of the project to co-create the project design (including exploring creative methods), implementation processes and interpretation of findings, recruited from one hosting Youth Justice Service (YJS). Research Participant Children (n = 66) recruited from six geographically and institutionally diverse research sites to take part in system journey interviews and complete digital/paper diaries for reflecting on involvement within- and between-stages

of the Youth Justice System (3 x youth justice services, 2 x youth offending institutions and 1 x secure children’s home).

Summary of Findings and Discussion Findings provided a rich description and interpretation of children’s views from the PRG sessions and interviews undertaken with participant children at the research fieldwork sites. PRG session observations highlighted the development of the project methodology throughout the fieldwork to: ✓ ensure child-friendly, child appropriate ways of communicating with children about the research concepts and questions ✓ trial creative activities/methods to neutralise power dynamics and encourage engagement ✓ interpret research findings from the participant sample to provide an opportunity for children to discuss, challenge and validate emerging themes and sub-themes ✓ disseminate research findings – children chose a pre-recorded rap backing track and, using quotes from participants and their own words, recorded a full rap song in a professional studio. Participant children sample findings in relation to the research questions: ✓ identified what children considered to be the essential elements of ‘collaboration’, summarised as being encouraged to engage in respectful conversations, being spoken to appropriately, being provided with clear information and having their views considered and taken into account ✓ revealed that children wanted professionals to ask them about their aspirations, listen to what they were saying and offer support to help them to achieve their goals so they could move forward with their life ✓ indicated that effective collaboration practice needs to be based around building authentic, positive, nonhierarchical relationships with professionals who cared about them, in a comfortable environment, to facilitate the development of effective and relevant support ✓ identified the main areas for practice development which they believed would improve Child First practice as: o wanting professionals to listen to children and their ideas for improvement o acknowledging and breaking down power imbalances by creating child-friendly environments o keeping children continually informed throughout their involvement with youth justice agencies o involving children in decision

trategic and practice levels to benefit their experience and improve outcomes across the whole of the Youth Justice System. Furthermore, findings revealed that children’s experiences of Child First collaboration practice are inconsistent, with some parts of the Youth Justice System better than others. For YJSs, collaboration experiences were generally positive; within custody, it varied depending on the establishment and incentive scheme level; whilst interactions and engagement with the police, courts and children’s social care services were mostly negative. A discussion of the findings provides an overview of the main themes/sub-themes developed and an exploration of how they consolidate and extend existing knowledge related to children's collaboration and youth justice decision making and children's views of effective youth justice collaboration practice.

Loughborough, UK: Loughborough University. 2024. 130p.

By Jesse Kelley

Juvenile public defenders represent youth charged with crimes through the juvenile court system. Each state has a process to provide access to counsel for allegedly delinquent youth who are unable to pay for a hired private defense attorney. Indigent defense provides juveniles with the constitutionally mandated access to counsel, even if they cannot afford it. Court-appointed lawyers who work on delinquency matters in the juvenile justice field can be labeled as juvenile public defenders, indigent criminal defense attorneys, or contract or “panel” attorneys. While often interchanged, the key difference is that public defenders are part of an organized, professional office while contract attorneys are independent practitioners and usually have their own private firm. Enormous responsibility falls on each of these attorneys to diligently represent their young clients, but often these professionals are not adequately supported by the state. Supporting juvenile public defenders is necessary to ensure that justice and equitable outcomes are experienced by all young people in the juvenile court system. This policy study intends to highlight the many perils currently facing juvenile public defenders, how those disadvantages impact youth, what obstacles COVID-19 added and what solutions states can undertake to ensure that young people facing delinquency have the best resources available.

R STREET SHORTS NO. 95 October 2020, 5p.

By Caitlin Cavanagh

Adolescents are developmentally distinct from adults in ways that merit a tailored response to juvenile crime. Normative adolescent brain development is associated with increases in risk taking, which may include criminal behavior. Juvenile delinquency peaks during the adolescent years and declines in concert with psychosocial maturation. However, current U.S. approaches to juvenile justice are misaligned with youth's developmental needs and may undermine the very psychosocial development necessary for youth to transition out of crime and lead healthy adult lives. In this article, I discuss empirically supported and efficacious responses to juvenile crime in the United States, as well as opportunities for further developmental reform of the juvenile justice system. Developmentally appropriate responses to juvenile crime prioritize community-based corrections and engage youth's social context in the rehabilitative process. The juvenile justice system shares the responsibility to prepare youth to live fulfilling, productive adult lives; that responsibility can be achieved by partnering with developmental scientists to inform juvenile justice practice and policy.

Child Development Perspectives, Volume 16, Issue 3 Sept. 2022 pages 125-187

By Melissa M. Labriola, Samuel Peterson, Dulani Woods, Michael J. D. Vermeer, Brian A. Jackson

Based on a one-day count, the number of youth held in juvenile justice facilities declined 77 percent between 2000 and 2020. As a result, the number of residential placement facilities has also decreased, by 50 percent. This decrease is starkest among large facilities, which have decreased 74 percent from 1997 to 2019. Facility closure has gained attention and support for several reasons, such as investments in alternative rehabilitation and community-based programs, cost savings, and recognition of the need to treat youth involved in the juvenile justice system with a focus on rehabilitation rather than punitive measures. The decisions to close these facilities are complex.

This report presents findings and recommendations from an expert panel that explored challenges and opportunities associated with closing juvenile residential facilities and implementing community-based alternatives. The highest-priority needs centered on equity and disparity and the need for family engagement throughout the punitive process. These results are pertinent to a wide audience, including justice-system stakeholders, community corrections practitioners, the research community, and funders or grant-making organizations

Rand. 2024. 24p.

By Carey Marr, Sara Singh, Claire Gaskin, John Kasinathan, Trisha Lloyd & Kimberlie Dean

Past research suggests that diverting young people away from the criminal justice system and into mental health services can reduce subsequent reoffending, but the impact of such programs on the rates of timely mental health service contact are largely unknown. In this study, we examined a sample of 523 young people who were deemed eligible for mental health diversion between 2008 and 2015. Around half (47%) of these young people were granted diversion by a Magistrate. Overall, the levels of timely mental health service contact after court finalization, even for those who were granted diversion, appeared low given that the purpose of diversion is to facilitate such contact for all those diverted. Specifically, only 22% of those who were granted community-based diversion and 62% of individuals granted inpatient-based diversion had mental health service contact within 7 days of court finalization. Rates of health contact were much lower for those who were not granted either type of diversion (8% and 23%, respectively). Diversion was associated with a significant reduction in reoffending rates, but the impact of early mental health service contact was less clear. There is a need to understand the reasons why many young people are not accessing appropriate mental health services following diversion in order to improve outcomes and fully realize the intended benefits of mental health court diversion.

INTERNATIONAL JOURNAL OF FORENSIC MENTAL HEALTH, 2024, VOL. 23, NO. 3, 204–216https://doi.org/10.1080/14999013.2023.2276961

By David B. Wilson, Mark W. Lipsey

Research summary

The primary outcome desired for juvenile delinquency programs is the cessation of delinquent and related problematic behaviors. However, this outcome is almost always pursued by attempting to change intermediate outcomes, such as family functioning, improved mental health, or peer relations. We can conceptualize intermediate outcomes that are related to reduced delinquency as change levers for effective intervention. A large meta-analysis identified several school-related change levers, including school engagement (i.e., improved attendance and reduced truancy), nondelinquent problem behaviors, and attitudes about school and teachers. In addition, family functioning and reducing substance use were also effective change levers. In contrast, effects on youth getting/keeping a job, peer relationships, and academic achievement were not associated with reduced delinquency.

Policy implications

Only a small percentage of rehabilitative programs provided to youth involved in the juvenile justice system have been established as evidence based. Moreover, there are constraints on what local policy makers and practitioners can do regarding the selection, adoption, and implementation of programs from the available lists of evidence-based programs. Adopting programs that focus on effective change levers and avoiding those that concentrate on ineffective ones has the potential to increase the likelihood that a local agency is engaged in effective programming. Based on our data, programs known to improve family functioning, attachment to and involvement in schooling, and reducing substance use are justified by the change lever evidence, even if these programs’ effectiveness in reducing delinquency has not been directly proven. In contrast, programs focusing on vocational skills, academic achievement, and peer relations are less likely to be beneficial. Furthermore, a change lever perspective can help frontline staff select appropriate programs for different juvenile offenders and focus their quality control efforts on those aspects of a program that are likely to be essential to maintaining effectiveness.

Criminology & Public Policy Volume23, Issue2. May 2024.

Edited by Richard Rosenfeld, Mark Edberg, Xiangming Fang, and Curtis S. Florence

How do economic conditions such as poverty, unemployment, inflation, and economic growth impact youth violence? Economics and Youth Violence provides a much-needed new perspective on this crucial issue. Pinpointing the economic factors that are most important, the editors and contributors in this volume explore how different kinds of economic issues impact children, adolescents, and their families, schools, and communities. Offering new and important insights regarding the relationship between macroeconomic conditions and youth violence across a variety of times and places, chapters cover such issues as the effect of inflation on youth violence; new quantitative analysis of the connection between race, economic opportunity, and violence; and the cyclical nature of criminal backgrounds and economic disadvantage among families. Highlighting the complexities in the relationship between economic conditions, juvenile offenses, and the community and situational contexts in which their connections are forged, Economics and Youth Violence prompts important questions that will guide future research on the causes and prevention of youth violence. Contributors: Sarah Beth Barnett, Eric P. Baumer, Philippe Bourgois, Shawn Bushway, Philip J. Cook, Robert D. Crutchfield, Linda L. Dahlberg, Mark Edberg, Jeffrey Fagan, Xiangming Fang, Curtis S. Florence, Ekaterina Gorislavsky, Nancy G. Guerra, Karen Heimer, Janet L. Lauritsen, Jennifer L. Matjasko, James A. Mercy, Matthew Phillips, Richard Rosenfeld, Tim Wadsworth, Valerie West, Kevin T. Wolff Richard 

New York: London: New York University Press, 2013. 341p.

Edited by Franklin E. Zimring and David S. Tanenhaus 

This Is a hopeful but complicated era for those with ambitions to reform the juvenile courts and youth-serving public institutions in the United States. As advocates plea for major reforms, many fear the public backlash in making dramatic changes. Choosing the Future for American Juvenile Justice provides a look at the recent trends in juvenile justice as well as suggestions for reforms and policy changes in the future. Should youth be treated as adults when they break the law? How can youth be deterred from crime? What factors should be considered in how youth are punished?What role should the police have in schools?

New York; London: New York University Press, 2014. 257p.

By Marian Gewirtz and  Bosco Villavicencio, Jr

This report describes the processing of 16- and 17-year-old arrestees during the third year of New York State’s Raise the Age (RTA) Law. The law, which went into effect for 16-year-olds on October 1, 2018, and for 17-year-olds on October 1, 2019, raised the age of criminal responsibility in the State and changed how these Adolescent Offenders (AOs) are processed. Arrests from October 2020 through September 2021 are compared with arrests from October 2019 through September 2020 (year 2), October 2018 through September 2019 (year 1, the first year of the implementation of RTA for 16-year-olds and the year prior to implementation for 17-year-olds. Data is also presented for October 2017 through September 2018 (pre-RTA). RTA Arrests ● There were 1,364 arrests of 16-year-olds and 2,002 arrests of 17-year-olds in the third year of RTA. The number of arrests was lower in year 3 than in year 2, especially for 16-yearolds. ● The volume of arrests of 16- and 17-year-olds decreased markedly when they became eligible for RTA. The number of arrests continued to decline for both age groups and for VFO (violent felony offenses), non-VFO felony offenses and especially for misdemeanors. Prosecution ● The percentage of felony arrests prosecuted as felonies declined for both age groups and both VFO and non-VFO charges since implementation of RTA. However, the decrease was greater for 16-year-olds and for cases with non-VFO charges. ● There were far fewer cases for 16- and 17-year-olds prosecuted in adult court with felony charges after RTA was implemented. The decrease was steeper for 16-year-olds than for 17-year-olds. The number decreased from 1,111 in year 1 to 863 in year 2 and 668 in year 3 for 16-year-olds but declined from a high of 992 down to 894 for 17-year-olds. Arraignment ● About half of AO cases were removed to Family Court at arraignment in year 3, up from 44% for both age groups in year 2 and only 25% at arraignments for 16-year-olds in year 1 (17-year-olds were not yet eligible). The rate of removal was higher for cases with nonVFO charges than for those with VFO offenses. ● In the third year of RTA, youths were released at arraignment (ROR, under supervision or with other non-monetary conditions) in more than nine of every ten non-VFO cases but in little more than seven of every ten VFO cases. Adult Court Outcomes ● Most RTA case for both ages were removed to Family Court (84% to 90% across the ages and time periods), but the rates were higher for non-VFO cases (91% to 97%) than for cases with VFO charges (79% to 86%). ● In year 3, more than six of every ten VFO cases were removed at arraignment or the following day as were nearly nine of every ten non-VFO cases. Yet a month or more elapsed from arraignment to removal for one in ten AO cases.  Sentencing ● More than half of the sentences in AO cases included jail or prison time (55%) ranging from time already served pretrial (6% of sentences) to four years or more (10% of sentences).  

New York: New York City Criminal Justice Agency 2023. 44p.

By Keith Finlay, Michael Mueller-Smith, Brittany Stree

Children’s indirect exposure to the justice system through biological parents or coresident adults is both a marker of their own vulnerability and a measure of the justice system’s expansive reach in society. Estimating the size of this population for the United States has historically been hampered by inadequate data resources, including the inability to observe nonincarceration events, follow children throughout their childhood, and measure adult nonbiological parent cohabitants. To overcome these challenges, we leverage billions of restricted administrative and survey records linked with Criminal Justice Administrative Records System data and find substantially larger exposure rates than previously reported: prison, 9% of children born between 1999–2005; felony conviction, 18%; and any criminal charge, 39%. Charge exposure rates exceed 60% for Black, American Indian, and low-income children. While broader definitions reach a more expansive population, strong and consistently negative correlations with childhood well-being suggest that these remain valuable predictors of vulnerability. Finally, we document substantial geographic variation in exposure, which we leverage in a movers design to estimate the effect of living in a high-exposure county during childhood. We find that children moving into high-exposure counties are more likely to experience post-move exposure events and exhibit significantly worse outcomes by age 26 on multiple dimensions (earnings, criminal activity, teen parenthood, mortality); effects are strongest for those who moved at earlier ages

The Quarterly Journal of Economics, Volume 138, Issue 4, November 2023, Pages 2181–2224, https://doi.org/10.1093/qje/qjad021

By Pamela D Schulz

The language in media stories surrounding the high drama of juvenile and youth crime is very alarmist and continues to fuel political debates and demands for tougher penalties rather than the proverbial slap on the wrist for young offenders. Further there are fear discourse elements that suggest that for some politicians cited in the daily news cycle as being “out of control”. In opposition to this fear and alarmist discourse in the notion that the media news cycle highlights youth crime for its sensationalist perspectives and poor reporting of youth courts and their judgments in such matters. A comprehensive discourse analysis of youth crime reporting may suggest that media must take the blame for some of the inappropriate focus on youth crime as being selective. This yearlong study suggests that the public need more information to see for themselves whether the current moves and political debates need to be reviewed and refreshed. In addition, family supports are a signal to consider as presented by expert authorities involved in decision making and reporting.

Children and Teenagers, Vol. 6, No. 4, 2023, http://dx.doi.org/10.22158/ct.v6n4p1

By The Sentencing Project

For a decade, incarceration disparities between Tribal and white youth have remained stubbornly high. As of 2021, Tribal youth were 3.7 times as likely to be detained or committed in juvenile facilities as their white peers, according to nationwide data collected in October 2021 and recently released. This ratio is essentially unchanged from 2011.1 There are 11 states with at least 8,000 Tribal youths (a cutoff that allows for meaningful comparisons), and Tribal youth are more likely than their white peers to be in custody in eight of these states. For the purposes of this fact sheet, all “Tribal youth” are by definition non-Hispanic/Latinx. (The underlying dataset labels them as American Indian.2 ) Juvenile facilities, including 1,323 detention centers, residential treatment centers, group homes, and youth prisons3 held 24,894 youths as of October 2021. These data do not include the 291 people under 18 in adult prisons at year-end 20214 or the estimated 2,000 people under 18 in adult jails at midyear 2021.5 Nationally, the youth placement rate was 74 per 100,000 in 2021. The Tribal youth placement rate was 181 per 100,000, compared to the white youth placement rate of 49 per 100,000. Between 2011 and 2021, overall juvenile placements fell 59%. In the 11 states with at least 8,000 Tribal youths between the ages of 10 and 17, between 2011 and 2021, disparities grew by at least 50% in two and decreased by at least 50% in two

Washington, DC: The Sentencing Project, 2023. 3p.

By The Sentencing Project

For a decade, incarceration disparities between Latinx and white youth have fallen, though disparities still remain. As of 2021, Latinx youth were 16% more likely to be placed (i.e., detained or committed) in juvenile facilities as their white peers, according to nationwide data collected in October 2021 and recently released. These data reveal a sharp decline in Latinx-white youth incarceration disparities since 2011; that year, Latinx youth were 76% more likely to be in placement than white youth.1 Juvenile facilities, including 1,323 detention centers, residential treatment centers, group homes, and youth prisons2 held 24,894 youths as of October 2021. (These data do not include the 291 people under 18 in adult prisons at year-end 20213 or the estimated 2,000 people under 18 in adult jails at midyear 2021.4 ) Nationally, the youth placement rate was 74 per 100,000 youth in 2021. The Latinx youth placement rate was 57 per 100,000, compared to the white youth placement rate of 49 per 100,000. A total of 20% of youths in placement are Latinx, and Latinx youth comprise 25% of all youth across the United States.5 Latinx youth are more likely to be in custody than white youth in half of states with at least 8,000 Latinx youth (between the ages of 10 and 17), a cutoff that allows for meaningful comparisons Between 2011 and 2021, juvenile placements fell by 59%. During these years, Latinx youth placements declined slightly faster than white youth placements (a 65% decline vs. 57%), resulting in a smaller but still considerable disparity.

Washington, DC: The Sentencing Project, 2023. 3p.

By The Sentencing Project

For a decade, incarceration disparities between Black and white youth have remained stubbornly high. As of 2021, Black youth were 4.7 times as likely to be placed (i.e., detained or committed) in juvenile facilities as their white peers, according to nationwide data collected in October 2021 and recently released. This disparity has hardly changed over the past decade.1 Juvenile facilities, including 1,323 detention centers, residential treatment centers, group homes, and youth prisons2 held 24,894 youths as of October 2021. (These data do not include the 291 people under 18 in adult prisons at year-end 20213 or the estimated 2,000 people under 18 in adult jails at midyear 2021.)4 Nationally, the youth placement rate was 74 per 100,000 in 2021. The Black youth placement rate was 228 per 100,000, compared to the white youth placement rate of 49 per 100,000. Forty-two percent of youths in placement are Black, even though Black Americans comprise only 15% of all youth across the United States.5 Among all states with a population of at least 8,000 Black youth, (between 10 and 17), a cutoff that allows for meaningful comparisons, Black youth are more likely to be in custody than white youth. Black and white youth have similar juvenile placement rates in the District of Columbia.

Washington, DC: The Sentencing Project, 2023. 3p.

By The Southern Poverty Law Center

Mississippi’s youth legal system is a study in extremes. While the state is currently experiencing its lowest youth arrest rate in decades, it simultaneously has markedly expanded its use of youth incarceration. Rather than being met with needed services and support, Mississippi students are being pushed out of the classroom at nation-leading rates and into the carceral system – a pipeline that has disproportionately impacted the state’s Black youth. Overall, Mississippi’s failure to invest in successful community-based programs that provide noncarceral alternatives for youth in need of rehabilitation leaves the state with incarceration as the first option for far too many young people. This overincarceration harms youth and their communities and is an expensive use of precious taxpayer funds. There is a better way. This report delves into the history and context behind Mississippi’s current youth legal system,  expands on its harmful impacts, and recommends policy  changes for reform.

Montgomery, AL: Southern Poverty Law Center, 2023

By Todd Honeycutt, Janine M. Zweig, Megan Hague Angus, Sino Esthappan, Johanna Lacoe, Leah Sakala, and Douglas Young

Funded and supported by the Annie E. Casey Foundation, several communities across the US have undertaken deep-end reform designed to safely and significantly reduce juvenile out-of-home placement, especially for youth of color. From 2013 through 2018, the Foundation funded a developmental evaluation of this reform to better understand what worked well, what could be improved, and lessons for the field. During the evaluation period, 12 local jurisdictions across the US pursued deep-end reform, receiving grants and tailored, technical assistance from the Foundation. They pursued a range of deep-end reform activities including improving probation practices, enhancing decisionmaking throughout the juvenile justice (JJ) system, expanding diversion and service options, and increasing youth and family engagement.

The Foundation funded a six-year evaluation to understand what worked well and what could be improved and to identify lessons for the field. Researchers from the Urban Institute and Mathematica collaborated on the evaluation and worked closely with Foundation staff to develop and answer questions about the reform using a comprehensive qualitative and quantitative data collection approach. The Foundation began deep-end reform knowing the work would evolve, and it wanted the evaluation to inform and strengthen the reform, track the changes it effected, and document sites’ successes and challenges.

The evaluation team documented its findings in this summary report, four briefs (one each on improving data capacity, advancing probation reform, engaging youth and families, and pursuing racial and ethnic equity and inclusion), a journal article (published in Youth Violence and Juvenile Justice) on transforming juvenile probation through culture change, and technical appendixes documenting sites’ deep-end reform activities and describing the evaluation’s methods.

The evaluation produced the following key findings:

• The communities that engaged in deep-end reform conducted multiple activities to reduce out-of-home placements and improve racial and ethnic equity and inclusion in their juvenile justice practices.

• Diversion (both before and after adjudication) was an important component of the work that sites pursued.

• Probation-specific activities addressed three core areas: (1) improving or expanding case planning (such as through teaming or case reviews); (2) expanding services (for example, diversion activities or wraparound services); and (3) establishing standard processes (as with probation agreements or early termination).

• In addition to activities addressing youth’s specific needs, many sites pursued broad activities to improve the capacity of the JJ system (such as developing resource directories or training probation staff) or engage youth and families (such as providing information or developing family councils).

• Most probation staff report always or very often focusing on youth’s strengths and assets to motivate change. This focus includes working closely with their parents and caregivers to achieve desired outcomes, individualizing service plans based on their unique needs, and talking directly to youth about their probation terms and conditions. From 2016 and 2018, probation staff in sites implementing deep-end reforms reported more frequent use of practices and principles addressing community engagement and racial and ethnic equity and inclusion.

• Although sites shared no single characteristic that appeared linked to the success of deep-end activities, five particular characteristics were common and were therefore considered assets to implementing reform: (1) deep-end reform leaders with positional power, (2) deep-end reform leaders committed to reform, (3) strong community partnerships, (4) stakeholder and site staff buy-in, and (5) substantial data capacity.

• The evaluation yielded two lessons about engaging youth and families. First, involving youth and families at the individual level (for example, including them in case planning) might be less difficult than engaging them at the system level (such as on a family council to advise JJ leaders). Second, external resources (such as technical assistance and collaborations with community organizations) can facilitate activities related to youth and family engagement.

• Racial and ethnic equity and inclusion does not have a one-size-fits-all approach; stakeholders must consider their unique challenges and opportunities and apply strategies that fit their needs. Collaborating with youth, families, community members, and organizations outside the JJ system is essential for advancing equity and inclusion goals.

• Sustaining changes to deep-end policy and practice related to probation required buy-in from frontline probation staff and a shared understanding of the purposes of probation. Almost every site engaged in discussions to understand deep-end staff and stakeholders’ views about the purposes of probation through technical assistance that the Foundation sponsored.

• Certain key factors can help a jurisdiction use data to inform its reforms and decisions. These factors include staff buy-in, expertise in analytical methods and the JJ system, staff capacity to gather data, data collection system capacity, and cross-system coordination and information sharing.

• When asked about the benefits of participating in deep-end work, stakeholders identified overarching examples across five categories: (1) focusing more strongly on JJ practices, especially on understanding and addressing racial and ethnic disparities and on engaging youth, families, and communities; (2) using data more to drive reductions in placements and racial disparities; (3) leveraging additional resources, such as finding additional funding to sustain reform efforts; (4) reducing out-of-home placements and safely meeting the needs of youth and families in the community; and (5) benefiting from training and technical assistance and learning about elements of the deep-end vision and key activities.

• As with many complex initiatives, deep-end reform involves challenges. Culture change, particularly toward addressing racial disparities and increasing inclusion, can be difficult to achieve at all levels of the JJ system. Partnerships, particularly with community organizations and youth and families, can require significant time, energy, and dollars to be successful. Multiple sites struggled with collecting and analyzing the data needed for reforms. Though stakeholders often overcame these challenges, doing so was not easy, even with a committed team and Foundation assistance.

Washington, DC: Urban Institute, 2020. 44p.

By The Southern Poverty Law Center; Delvin Davis

On July 19, 2022, Louisiana Gov. John Bel Edwards announced his decision to transfer incarcerated young people to the Louisiana State Penitentiary, also known as Angola – an adult prison with a long history of human rights abuses. The decision was emblematic of a state that consistently sees young Black people as criminals to be captured and controlled rather than healed and rehabilitated.

In this report, Only Young Once: The Urgent Need for Reform of Louisiana’s Youth Justice System, we explore how the perceptions of Black youth contribute to an overreliance on punitive measures – in both Louisiana’s school and juvenile justice systems – leading to stark racial disparities. The report also details the significant physical and psychological harm posed to incarcerated youth, while Louisiana taxpayers pay the cost for a fiscally wasteful approach to youth crime.

Montgomery, AL: Southern Poverty Law Center, 2023.