History Trends and Promising Approaches in Juvenile Justice

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"History, Trends and Promising Approaches in Juvenile Justice for High-Risk Juvenile Offenders" By Sarah

"History, Trends and Promising Approaches in Juvenile Justice for High-Risk Juvenile Offenders" By Sarah Hammond National Conference of State Legislatures (NCSL) SPECIAL COMMITTEE ON HIGH-RISK JUVENILE OFFENDERS - Madison, WI September 16, 2008

Overview • Roadmap: - Brief history of juvenile justice system - Age factors &

Overview • Roadmap: - Brief history of juvenile justice system - Age factors & jurisdictional authority - Trends in the last 20 years - Treating juveniles like adults: pros & cons - Promising models and reforms in the states - Policy considerations and options

History of the Juvenile Justice System • Founded more than a century ago on

History of the Juvenile Justice System • Founded more than a century ago on the principle that children are fundamentally different from adults -- so a justice system should reflect these differences • Within 2 decades, every state had legislated some form of a juvenile court and code • Juvenile system provides protective jurisdiction

Juvenile Justice Today • Two themes drive the system: 1) the welfare of young

Juvenile Justice Today • Two themes drive the system: 1) the welfare of young offenders and 2) the protection of public safety • Pendulum

High-Risk Juvenile Offenders: Treat as Adults or Kids?

High-Risk Juvenile Offenders: Treat as Adults or Kids?

High-Risk Juvenile Offenders Cont… • Commit the crimes most feared by the public -

High-Risk Juvenile Offenders Cont… • Commit the crimes most feared by the public - assault and violent crimes • Assessment of risk and needs is necessary for determining what setting

High-Risk Juvenile Offenders Cont… OJJDP research for this populations of juveniles reveals the following:

High-Risk Juvenile Offenders Cont… OJJDP research for this populations of juveniles reveals the following: • The earlier youth begin to engage in delinquent behavior, more likely to become chronic offenders » For boys, violent offending begins at age 7, then increases steadily from ages 8 - 19 » For girls, it peaks at age 13, then declines • Most serious juvenile offenders are more likely to have other problems, involving drugs, mental health, and school • More likely to have been victimized earlier in life

How States Treat Adolescent Offenders Age Factors • Maximum Age of Jurisdiction » 2

How States Treat Adolescent Offenders Age Factors • Maximum Age of Jurisdiction » 2 states, (NY & NC) age 15; 10 states, age 16; 38 states, age 17 • Minimum Age of Jurisdiction » 16 state laws set the lowest age of juvenile court jurisdiction - NC age 6; NY, Mass, MD age 7; AZ age 8; 11 states age 10 (includes WI)

Jurisdiction Authority How Cases Get to Adult Court Judicial waiver/transfer (45 states). Discretionary, mandatory

Jurisdiction Authority How Cases Get to Adult Court Judicial waiver/transfer (45 states). Discretionary, mandatory , presumptive, reverse and "once an adult, always an adult" provisions » 13 states are mandatory (youth automatically tried and sentenced as adults no matter what the offense) Statutory exclusion (29 states) Concurrent jurisdiction a. k. a. direct file or prosecutorial discretion (15 states)

Transfer Ages • In 23 states, no minimum age is specified • In all

Transfer Ages • In 23 states, no minimum age is specified • In all other states, the minimum age is between 10 and 15 years of age

Sentencing Structure Sentencing options courts can use for imposing offense-based sentences: Blended sentences: 26

Sentencing Structure Sentencing options courts can use for imposing offense-based sentences: Blended sentences: 26 states allow for a combination of juvenile & adult sanctions

Sentencing Structure Cont… Extended jurisdiction: • States have increased the maximum age of juvenile

Sentencing Structure Cont… Extended jurisdiction: • States have increased the maximum age of juvenile court jurisdiction to enable the court to provide juvenile sanctions and services beyond the traditional statutory age of jurisdiction that is in the best interest of the child and the public • 24 states extend through age 20 • Highest age is 24 (4 states, including WI)

Trends In the Last 20 Years • Rise in juvenile violence in mid- 1980

Trends In the Last 20 Years • Rise in juvenile violence in mid- 1980 s to mid-1990 s • In the 1990 s, every state made changes in its laws governing juvenile justice • There was a loss of faith in the rehabilitative model of the juvenile justice system • New policies resulted to hold more young offenders accountable through adults sentencing options

5 Areas of Change since 1990 1. Transfer Provisions - 40 states 2. Sentencing

5 Areas of Change since 1990 1. Transfer Provisions - 40 states 2. Sentencing Authority - 31 states 3. Confidentiality - 47 states 4. Victims' Rights - 32 states 5. Correctional Programming - over half of states responding to new transfer laws

National Statistics • The number of youth placed in adult prison has increased by

National Statistics • The number of youth placed in adult prison has increased by 208% since 1990 • Every year approximately 200, 000 juveniles are prosecuted in adult courts in the US • 2005 report estimates 2, 225 juveniles under 18 are serving life without parole sentences in adult prisons

Juvenile Justice Budgets • 2 highest juvenile justice system budgets are Florida and California

Juvenile Justice Budgets • 2 highest juvenile justice system budgets are Florida and California • Georgia, Ohio, Texas, Virginia, Maryland, Louisiana, North Carolina & Massachusetts follow…

Arguments For and Against Juvenile Courts PRO: • Felonious juvenile behavior can be outgrown

Arguments For and Against Juvenile Courts PRO: • Felonious juvenile behavior can be outgrown • Media can glamorize juvenile crime • Risk to juveniles in adult prison • Legal consequences of felony conviction too harsh • Youth more likely to be rehabilitated in juvenile system

Arguments For and Against Juvenile Courts Cont… CON: • Safety and Accountability • Deterrence

Arguments For and Against Juvenile Courts Cont… CON: • Safety and Accountability • Deterrence • Juvenile offenders have become more violent - i. e. gang violence on the rise • Victims' rights

Pendulum Swinging • Overall, juvenile crime has fallen since the mid-1990 s; however female

Pendulum Swinging • Overall, juvenile crime has fallen since the mid-1990 s; however female crime arrest rates have increased • Some argue the pendulum is swinging back towards a movement of exploring ways to keep juveniles out of adult systems

Research on Adolescent Brain Development and Competency • Recent research suggests that adolescent offenders'

Research on Adolescent Brain Development and Competency • Recent research suggests that adolescent offenders' limitations in several areas of decision-making can make them less blameworthy than adult offenders

Mac. Arthur Research Network Findings when comparing adolescents to adults: 1) focus is on

Mac. Arthur Research Network Findings when comparing adolescents to adults: 1) focus is on short-term; 2) less likely to think of consequences of behavior; 3) less concern about risk and more sensitive to rewards; and 4) impulsiveness escalates and then decrease

Changes at the Federal Level • Roper v. Simmons (2005) » U. S. S.

Changes at the Federal Level • Roper v. Simmons (2005) » U. S. S. C. states there is consensus in society that juveniles lack the requisite "culpability" for their crimes » 47% of state legislatures outlawed execution of juveniles in 80 s and 90 s » Since 1976, only 4 states had executed one or more juvenile offenders

Other Studies: Juveniles in Adult System • Safety concerns revealed in "Jailing Juveniles" study

Other Studies: Juveniles in Adult System • Safety concerns revealed in "Jailing Juveniles" study • 36% more likely to commit suicide than in juvenile detention facility • At greater risk of physical and sexual abuse » 21% of all inmate on inmate sexual violence in 2005 and 2006 were youth under 18 » 50% more likely to be beaten up by staff » 50% more likely to be assaulted with a weapon

Recidivism Studies show higher rates of recidivism in juvenile offenders in adult systems v.

Recidivism Studies show higher rates of recidivism in juvenile offenders in adult systems v. juvenile systems • New York v. New Jersey • Center for Disease Control

Possible Explanations • Stigma • Resentment and in justice felt by juveniles • Learning

Possible Explanations • Stigma • Resentment and in justice felt by juveniles • Learning criminal behavior • Decrease focus on rehab and family support

Models of Reform • State laws and Executive action • Missouri Model • Mac.

Models of Reform • State laws and Executive action • Missouri Model • Mac. Arthur Foundation's Models for Change

Movement to Not Treat Young Offenders as Adults • Rethinking the upper age of

Movement to Not Treat Young Offenders as Adults • Rethinking the upper age of juvenile court jurisdiction • Connecticut's Experience » How accomplished » Cost

Other States Studying Age Factors • Rhode Island - 2007 action, SB 1141 •

Other States Studying Age Factors • Rhode Island - 2007 action, SB 1141 • New Hampshire - 2008, HB 179 • Illinois, Missouri, New York, North Carolina

Mental Health Needs of Juvenile Offenders • 2 million adolescents arrested each year in

Mental Health Needs of Juvenile Offenders • 2 million adolescents arrested each year in the U. S. have a mental health disorder and 70% of youth in the system are affected with mental health disorder • Juveniles have less chance to receive adequate assessment or treatment in adult facilities • More than half the states have passed laws dealing with mental health issues and at least 15 states address juvenile competency now

Other Laws • Virginia » "Once an adult always an adult" law changed (2007)

Other Laws • Virginia » "Once an adult always an adult" law changed (2007) » Juveniles sentenced in adult prison to gain earned sentence credits while serving the juv. portion in juvenile center (2008) • Arkansas, Illinois, New Mexico & New York » Protect confidentiality of juvenile records

Other Laws Cont… Colorado SB 66 (2008) » Reduces 1 st degree murder to

Other Laws Cont… Colorado SB 66 (2008) » Reduces 1 st degree murder to a class 2 felony if the defendant was under 18 » Makes such a defendant eligible for juvenile court sentencing (youthful offender sentence) Maine SB 691 (2008) » Requires blended sentence for juveniles convicted as adults if juvenile is under 16

Colorado Juvenile Clemency Board • Created by Executive Order by Governor in 2007 –

Colorado Juvenile Clemency Board • Created by Executive Order by Governor in 2007 – 1 st of its kind in the country • Reviews cases of juveniles tried as adults and currently serving life with out parole sentences • Second Chances – Board can make recommendations to reduce sentence or move juveniles back to the juvenile system

Missouri Model • Has hosted visitors from 30 states • Recidivism • Cost http:

Missouri Model • Has hosted visitors from 30 states • Recidivism • Cost http: //www. dss. mo. gov/dys/index. htm

Other Promising New Programs Mac. Arthur Foundation's Models for Change • Goal to create

Other Promising New Programs Mac. Arthur Foundation's Models for Change • Goal to create a new wave of juvenile justice reform by producing systemwide change in multiple states that others will learn from and emulate • Investing $100 million

Pennsylvania • Aftercare • Disproportionate Minority Contact • Center for Evidence-Bases Practices

Pennsylvania • Aftercare • Disproportionate Minority Contact • Center for Evidence-Bases Practices

Illinois • Transfer law changes • New Department of Juvenile Justice • Judges given

Illinois • Transfer law changes • New Department of Juvenile Justice • Judges given more discretion

Washington • Systems Integration and "Reinvesting in Youth" strategies • Mental health legislation

Washington • Systems Integration and "Reinvesting in Youth" strategies • Mental health legislation

Louisiana • Web-based survey instrument to map availability of services for system involved youth

Louisiana • Web-based survey instrument to map availability of services for system involved youth and their families • Developing model approaches for information sharing

Action Networks • Mental Health/Juvenile Justice • Disproportionate Minority Contact (DMC) • Juvenile Indigent

Action Networks • Mental Health/Juvenile Justice • Disproportionate Minority Contact (DMC) • Juvenile Indigent Defense

Policy Options and Considerations for the Most Serious Juvenile Offenders • Aftercare • Extended

Policy Options and Considerations for the Most Serious Juvenile Offenders • Aftercare • Extended and blended jurisdiction systems • Discretion points for determining transfer • Reverse Waiver • Enhance the effectiveness of juvenile correctional programming through the adoption of evidencebased practices

Evidence Based Practices • Washington's juvenile justice success • NCSL site visits to Seattle

Evidence Based Practices • Washington's juvenile justice success • NCSL site visits to Seattle and Philadelphia • Upcoming events

Concluding Remarks When facing decisions about juvenile crime, offenders and their placement in the

Concluding Remarks When facing decisions about juvenile crime, offenders and their placement in the juvenile or criminal systems, it is important to not abandon the notion of youthful rehabilitation, but to also incorporate accountability for all offenders

Thank you Questions?

Thank you Questions?

Contact Information sarah. hammond@ncsl. org (303) 856 -1361 www. ncsl. org

Contact Information sarah. hammond@ncsl. org (303) 856 -1361 www. ncsl. org