I have been handed these two articles, one from the Washington Post and the other from the New York Times, which are very encouraging commentaries on the future of Juvenile Justice Reform. 

The first article concerns Juvenile Justice Delinquency Prevention Act which is to be heard on July 17th.  This act would restore most of the policies that were in place in 1974 that protected the rights of juvenile offenders with the belief that juvenile offenders could and SHOULD be rehabilitated.  This piece of legislation would also protect juveniles from being housed in adult prison facilities, especially during the interim time before their acquittal or conviction.  The practice of housing juvenile offenders in adult facilities has proven to be a breeding ground for violence and repeat offenders.

The second article concerns New York State and their move from juvenile detention to community based programs for rehabilitation.  I want to encourage all of you who are reading this blog to go to the New York State Department of Corrections web site.  They have been working at rehabilitating their antiquated system of corrections and moving toward treatment, programs, rehabilitation and restoration.  As a result they will be closing 3 prison facilities in 2009 and it looks like they will be closing a number of detention facilities as well.  The change in their recidivism rate has been a direct result of programs.  Take a look, you will be surprised! 

Now read on.  I think we can take some of this information and use it within our own states to help facilitate change in our own states.

Juvenile Justice
Some changes would improve legislation in the Senate.

The Washington Post

Sunday, July 13, 2008; B06

SINCE 1974, federal law has required that juveniles picked up for breaking the law be kept separate from alleged adult offenders — and for good reason. Juveniles held in adult facilities are more likely to be attacked, more likely to commit crimes once released and more likely to commit suicide than those held in facilities that house only minors. This week, the [1] Senate Judiciary Committeeis scheduled to consider reauthorizing an updated version of the 1974 bill. The Juvenile Justice Delinquency and Prevention Reauthorization Act of 2008 strengthens protections for juveniles while safeguarding judicial discretion to deal with exceptional cases. It also calls for preservation and expansion of programs that have been particularly effective in combating delinquency and crime among youth, including mentoring and after-school supervision. The bill should be passed, with some changes.

Over the past decade, an increasing number of states have adopted laws allowing juveniles to be charged as adults for certain serious crimes; prosecutors in these jurisdictions often have the last word on charging decisions. Those jurisdictions often also require that these juveniles be held in adult facilities. Under the proposed bill, even juveniles charged as adults must be held in juvenile facilities or out of “sound and sight” of adults in adult facilities unless a judge specifically orders otherwise. A judge must take into account the alleged offender’s age, his physical and mental maturity, and the nature of the crime, among other factors; a judge must review every 30 days the decision to send a juvenile to an adult facility. This approach is sensible. The bill should be amended to explicitly allow prosecutors and other state officials to flag for the judge juveniles they believe would be a danger to other minors and so would be better held in adult quarters.

The legislation also takes a step in the right direction by setting stricter limits on detentions for status offenders — those youths who are picked up for skipping school or running away from home. Such youths have not committed crimes and would not have been locked up for these infractions had they been adults. Studies show that these juveniles — and the community — are better served when they are directed to mentoring or school-based programs. As it is, judges in many jurisdictions may hold juveniles indefinitely for status offenses; the proposed bill would limit that to seven days. That’s an improvement, but lawmakers should consider eliminating these detentions altogether.

The [2] Congressional Budget Office has not yet estimated the cost of the new juvenile justice bill. According to [3] Justice Department figures, the existing version of the law cost taxpayers just under $300 million last year — real money but a fair price to pay for smart and effective programs.

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[4] [5]

July 11, 2008

Editorial

Help Closer to Home

One proven way to prevent borderline young offenders from becoming serious criminals is to treat them — and their families — in community-based counseling programs instead of shipping them off to juvenile facilities that are often hundreds of miles away from home. Early data suggests that New York City’s alternative-placement programs are cutting recidivism rates.

In addition to saving young lives, the community-based programs cost a lot less: $20,000 per child per year versus as much as $200,000 for holding a child in a juvenile facility. Despite that, politicians and labor unions — eager to preserve local jobs — are fighting hard to keep facilities open.

Earlier this year, Gladys Carrión, the commissioner of New York’s Office of Children and Family Services, announced her intention to close five of the state’s 22 facilities for low-level offenders and an intake center in the Bronx. A longtime advocate of community-based therapies, Ms. Carrión was fiercely criticized by the unions and communities where the facilities are located. The Legislature then restored funding for one of the facilities and the intake center. Gov. David Paterson will need to press a lot harder to close the rest of the unneeded centers and to help keep the reform effort on track.

If there is any doubt, Governor Paterson and other politicians in Albany should review the data on recidivism. About 80 percent of the young men who are placed in juvenile facilities in New York end up committing more crimes within three years of their release. Preliminary data from New York City suggests that the recidivism rate for the new community-based programs might be as low as 35 percent.

The idea is to help borderline young offenders before they turn to serious crime. Young people are required to participate in the programs as a condition of probation. Both they and their families are provided with counselors who teach parenting skills and who often mediate between troubled children and their families.

New York and other states will always need some facilities for young people who commit grave crimes. But they need to stop reflexively confining young people who present little or no risk. New York needs to greatly expand access to community-based programs. It can do that by closing unneeded juvenile detention centers and investing the savings in programs like the ones adopted in New York City.

Sarah Bryer

Director

National Juvenile Justice Network

1710 Rhode Island Avenue, NW, 10th Floor

Washington, DC 20036

202/467-0864 x 105

cell: 202/714-1162

fax: 202/887-0738

[6] bryer@juvjustice.org

[7] www.njjn.org