By Samantha Harvell, Arielle Jackson, Constance Hull, Colette Marcelin, and Leah Sakala

The COVID-19 health crisis, which reached the United States in early 2020, has significantly impacted youth legal system agencies’ policies and practices worldwide. In the pandemic’s third year, new variants of the virus continue to threaten health and safety, and agencies continue to grapple with how best to support young people and their families. Even before the pandemic, incarceration posed significant risks to young people’s physical and mental health, particularly among youth of color, who are disproportionately impacted by the criminal legal system. During the pandemic, some youth legal system agencies increased their use of traumatizing practices like solitary confinement and at times ended all in-person visitation with caregivers and siblings, demonstrating the need for agencies to double down on efforts to end youth incarceration and instead invest in community-based strategies that support youth long term. This brief is designed to help inform those efforts by highlighting how three states—Maryland, Massachusetts, and New Jersey—have reduced youth incarceration over the past two years. Each state has taken a unique approach to changing policy and practice championed by a wide range of stakeholders, including governors, legislators, and judicial and corrections agency leaders, and each case study in this brief shows a different path to lasting reform. Taken together, the examples provide several options for reducing youth incarceration and investing in more effective strategies to prevent harm and support youth accountability and needs.

Washington, DC: The Urban Institute, 2022. 16p.