Juvenile Justice Reform
1 Charles Puzzanchera, U.S. Dept. of Just., Office of Juv. Just. and Delinq. Prevention, Juvenile Arrests, 2008, (2009), available at http://www.ncjrs.gov/pdffiles1/ojjdp/228479.pdf.
2 Crystal Knoll & Melissa Sickmund,U.S. Dept. of Just., Office of Juv. Just. and Delinq. Prevention, Delinquency Cases in Juvenile Court, 2007 (2010), available at http://ncjrs.gov/pdffiles1/ojjdp/230168.pdf.
3 J. Woolard, Juveniles within adult correctional settings: legal pathways and developmental considerations, 4 Int’l J. of Forensic Mental Health. 18 (2005); Coalition for Juvenile Justice, Childhood on trial: The failure of trying and sentencing youth in adult criminal court (2005).
4 Melissa Sickmund, Juveniles in Residential Placement, 1997-20008, U.S. Dept. Of Just., Office of Juv. Just. and Delinq. Prevention ( 2010), available at http://www.ncjrs.gov/pdffiles1/ojjdp/229379.pdf.
5 Todd D. Minton, U.S. Dept. of Just., Bureau of Just. Stat., Jail inmates at midyear 2009 (2010); Heather C. West U.S. Dept. of Just., Bureau of Just. Stat., Prison inmates at midyear 2009 (2010).
6 Campaign for Youth Justice, Jailing Juveniles, http://www.campaignforyouthjustice.org/key-research/national-reports.html#jailingjuveniles (last visited Jan. 17, 2011). See also A.J. Beck et. Al., U.S. Dept. of Just., Bureau of Just. Stat., Sexual Victimization In Juvenile Facilities Reported By Youth, 2008-09 (2010).
7 Human Rights Watch, State distribution of youth offenders serving juvenile life without parole , http://www.hrw.org/en/news/2009/10/02/ state-distribution-juvenile-offenders- serving-juvenile-life-without-parole (last visited Jan. 17, 2011).
8 Coalition for Juvenile Justice, Unlocking the Future of Juvenile Justice: A Policy Agenda for the 111th Congress (2009), available at http://www.juvjustice.org/media/resources/public/resource_240.pdf .
9 Annie E. Casey Foundation, Juvenile Detention Alternatives Initiative, Detention Reform Brief 1: Detention Reform: A Cost-Saving Approach (2007), available at http://www.aecf.org/upload/PublicationFiles/jdai_facts1.pdf.
10 Mark A. Cohen & Alex R. Piquero, New Evidence on the Monetary Value of Saving a High Risk Youth, (Vanderbilt Law and Economics Research Paper No. 08-07, 2007), available at http://ssrn.com/abstract=1077214.
11 In recent years, a range of organizations have commissioned or conducted related research and reached similar conclusions, including the American Psychological Association, the Washington State Institute for Public Policy, the Social Development Research Group of Seattle, Washington, and the Office of Juvenile Justice and Delinquency Prevention. For more information, see
http://chhi.podconsulting.com/assets/documents/publications/NO MORE CHILDREN LEFT BEHIND.pdf
12 Alex Piquero & Laurence Steinberg, Models for Change, Systems Reform In Juvenile Justice, Rehabilitation Versus Incarceration of Juvenile Offenders: Public Preferences in Four Models for Change States (2007), available at http://www.modelsforchange.net/publications/186; Center on Children’s Law and Policy, Potential for Change: Public Attitudes and Policy Preferences for Juvenile Justice Systems Reform, Models for Change, Systems Reform in Juvenile Justice (2007), available at http://www.modelsforchange.net/publications/121.
13 Joseph Concozza, J. et al, Addressing the Mental Health Needs of Youth in Contact with the Juvenile Justice System in System of Care Communities: An Overview and Summary of Key Issues (2010), available at http://www.tapartnership.org/docs/jjResource_overview.pdf.
14 Andrea J. Sedlak, & C. Bruce, U.S. Dept. of Just., Office of Juv. Just. and Delinq. Prevention, Youth’s Characteristics and Backgrounds (2010).
15 Andrew Sum et. al, The Consequences of Dropping out of High School: Joblessness and Jailing for High School Dropouts and the High Cost for Taxpayers (2009), available at http://www.clms.neu.edu/publication/documents/ The_Consequences_of_Dropping_Out_of_High_School.pdf.
16 National Center for Education Statistics, Contexts of Elementary and Secondary Education, http://nces.ed.gov/programs/coe/2009/section4/indicator28.asp (last visited Jan. 17, 2011).
17 Phillip Lovell & Jacque Minow, First Focus, Reclaiming Our Nation’s Youth (2009), available at http://www.firstfocus.net/sites/default/files/r.2009-8.6.lovell.pdf
18 US Department of Education Office of Civil Rights, 2006 Data Collection, http://ocrdata.ed.gov/Projections_2006.aspx (last visited Jan. 20, 2011).
19 American Psychological Association Zero Tolerance Task Force, Are Zero Tolerance Policies Effective in the Schools? An Evidentiary Review and Recommendations, 63(9) Am. Psychol., 852-862, available at http://www.apa.org/pubs/info/reports/zero-tolerance.pdf
20 The Equity Project, Legal Services for Children, National Juvenile Defender Center, & National Center for Lesbian Rights, Hidden Injustice: Lesbian, Gay, Bisexual, and Transgender Youth in Juvenile Courts (2009), available at http://www.equityproject.org/pdfs/hidden_injustice.pdf.
21 Kathryn E.W. Himmelstein & Hannah Bruckner, Criminal Justice and School Sanctions against Nonheterosexual Youth: A National Longitudinal Study, Pediatrics (2011), available at http://pediatrics.aappublications.org/cgi/reprint/peds.2009-2306v1 .
22 A.J. Beck et. Al., supra note 6.
23 A.J. Beck & P.M. Harrison, U.S. Dept. of Just., Bureau of Just. Stat., Sexual Violence Reported By Correctional Authorities, 2005 (2006).
24 In California, authorities failed to provide adequate medical and mental health treatment and facility staff regularly used pepper spray on youth. Michael Rothfeld, Juvenile Prison System Needs Reform Lawyers Say, Los Angeles Times, Feb., 18, 2008 available at http://www.latimes.com/news/local/la-me-youth18feb18,0,5845357.story; Ralph Boyd, Investigative Findings Letter, U.S. Dept. of Justice, Civ. Rts. Division, April 9, 2003, available at http://www.justice.gov/crt/about/spl/documents/la_county_juvenile_findlet.pdf.
25 In Indiana, staff sexually assaulted youth in one facility, and failed to protect youth from violence in several juvenile facilities. Wan Kim, Investigative Findings Letter, U.S. Dept. of Justice, Civ. Rts. Division, Aug. 6, 2007, available at http://www.justice.gov/crt/about/spl/documents/marion_findlet_5-9-07.pdf; Justice Department Reaches Settlement Regarding Conditions at Two Indiana Juvenile Justice Facilities, U.S. Dept. of Justice, Feb. 8, 2006, available at http://www.usdoj.gov/opa/pr/2006/February/06_crt_066.html; Bradley Schlozman, Investigative Findings Letter, U.S. Dept. of Justice, Civ. Rts. Division, Sept.. 9, 2005, available at http://www.justice.gov/crt/about/spl/documents/split_indiana_logansport_juv_findlet_9-9-05.pdf.
26 In Mississippi, staff in state facilities hog-tied youth, put them in shackles, and stripped youth and put them in dark rooms for 12 hours a day for up to one month at a time. Adam Nossiter, Lawsuit Filed Over Treatment of Girls at State Reform School in Mississippi, N.Y. Times, July 12, 2007, available at http://www.nytimes.com/2007/07/12/us/12prison.html; Mississippi Center Accused of Abuse, USA Today, July 12, 2007, available at http://www.usatoday.com/news/nation/2007-07-12-mississippi_N.htm (July 12, 2007).
27 In Ohio, girls in a state facility were sexually assaulted by male staff. Ohio Settles Suit Over Juvenile Jails, CNN, April 4, 2008; Investigative Findings Letter, U.S. Dept. of Justice, Civ. Rts. Division, May 9, 2007, available at http://www.justice.gov/crt/about/spl/documents/marion_findlet_5-9-07.pdf.
28 In Texas, youth filed hundreds of complaints over physical and sexual abuse and repeated use of pepper spray by staff in juvenile facilities. Doug Swanson, Officials Indicted in Abuse at TYC, The Dallas Morning News, April 10, 2007, available at http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/ 041107dntextyc.be59c6b.html; Emily Ramshaw, Complaints Pour In to TYC Abuse Inquiry, Dallas Morning News, March 13, 2007, available at http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-tyc_13tex.ART.State.Edition1.44911b8.html; Becka, Holly, et al., Young Inmates Endured ‘Deplorable Conditions’, Dallas Morning News, Oct. 3, 2007, available at http://webcache.googleusercontent.com/search?q=cache:SVNMM3EVCHEJ: www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/100307dntextyc.35bdf47.html +Young+Inmates+Endured+%E2%80%98Deplorable+ Conditions%E2%80%99,+Dallas+Morning+News,+Oct.+3,+2007&cd=1&hl=en&ct=clnk&gl=us&client=firefox-a.
29 Beginning in 1995, OJJDP funded the Council of Juvenile Correctional Administrators (CJCA) to develop national performance-based standards (now called the PbS program) and more than 100 outcome measures reported twice a year to monitor conditions of confinement and the practices and services in juvenile institutions. For more information, go tohttp://cjca.net/initiatives/performance-based-standards-pbs. While more than 200 facilities voluntarily participate with the program, participation is not mandatory, so there is no federal oversight or enforcement for the remaining – more than 2,000 – juvenile detention and correctional facilities that do not participate with the program. See National Evaluation and Technical Assistance Center, Fact Sheet on Juvenile Facilities (January 2010), available at http://www.neglected-delinquent.org/nd/docs/factSheet_facilities.pdf.
30 Barry Holman & Jason Ziedenberg, Justice Policy Institute, The Dangers of Detention; The Impact of Incarcerating Youth in Detention and Other Secure Facilities at 9 (2006), available at http://www.justicepolicy.org/images/upload/06-11_REP_DangersOfDetention_JJ.pdf.
31 S. Rep. No. 93-1011, at 5287-88 (1974).
32 Susanna Zawacki, Girls Involvement in Pennsylvania’s Juvenile Justice System, Penn. Juv. Just. Stat. Bull. (2005) at 1.
33 18 U.S.C. §3626(e)(2).
34 As of 1998, there were fewer than a dozen reported opinions directly involving challenges to conditions in juvenile detention centers, and around two dozen cases with unreported opinions or settlements. Michael J. Dale, Lawsuits and Public Policy: The Role of Litigation in Correcting Conditions in Juvenile Detention Centers, 32 U.S.F. L. Rev. 675, 681-98 (1998). This figure contrasts strongly with the much larger number of reported and unreported opinions arising from challenges to adult prison conditions. The authors of this report are generally familiar with institutional litigation and can confirm that this large disparity persists.
35 See Alexander S. v. Boyd, 876 F. Supp. 773, 790 (D.S.C. 1995) (holding that juvenile detainees had no constitutional right to a law library because, in light of their limited capacity, they “would not benefit in any significant respect from a law library, and the provision of such would be a foolish expenditure of funds”); accord, Shookoff v. Adams, 750 F.Supp. 288 (M.D.Tenn. 1990), aff’d in pertinent part, reversed in part on other grounds sub nom. John L. v. Adams, 969 F.2d 228 (6th Cir. 1992).
36 42 U.S.C. §16913
37 J. Woolard, Juveniles within adult correctional settings: legal pathways and developmental considerations, 4 (1) Int’l J. of Forensic Mental Health.18 (2005); Coalition for Juvenile Justice, Childhood on trial, supra note 3.
38 Centers for Disease Control and Prevention, Effects on Violence of Laws and Policies Facilitatingthe Transfer of Youth from the Juvenile to the Adult Justice System: A Report on Recommendations of the Task Force on Community Preventive Services (2007), available at http://www.cdc.gov/mmwr/pdf/rr/rr5609.pdf.
39 National Prison Rape Elimination Commission, Report (2009) at 18, available at http://www.ncjrs.gov/pdffiles1/226680.pdf.
40 Campaign for Youth Justice, Jailing Juveniles, supra note 6.
41 Campaign for Youth Justice, The Consequences Aren’t Minor: the Impact of Trying Youth as Adults and Strategies for Reform (2007), available at http://www.campaignforyouthjustice.org/Downloads/ NationalReportsArticles/JPI014-Consequences_exec.pdf.
43 Richard E. Redding, U.S. Dept. of Just., Office of Juv. Just. and Delinq. Prevention, Juvenile transfer laws: An effective deterrent to delinquency? (2008), available at: http://www.ncjrs.gov/pdffiles1/ojjdp/220595.pdf.
44 Human Rights Watch, State distribution of youth offenders serving juvenile life without parole, supra note 7.
45 H. Snyder, An Empirical Analysis of the Youth Reentry Population 2(1) Youth Violence and Juv. Just. 39-55 (2004).
46 C. Roy-Stevens, U.S. Dept. of Just., Office of Juv. Just. and Delinq. Prevention, Overcoming Barriers to School Reentry (2004).
47 C. Brown, Jailing the Mentally Ill, 44(4) St. Gov’t News 28 (2001); S. Eiken & S. Galantowicz, U.S. Dept. of Human Services, Centers for edicare and Medicaid Services, Disabled and Elderly Health Program Division, Improving Medicaid Access for People Experiencing Chronic Homelessness: State Example (2004).
48 Bazelon Center for Mental Health Law, Creating New Options: Training for Corrections Administrators and Staff on Access to Federal Benefits for People with Mental Illness Leaving Jail or Prison (2007), available at: http://www.bazelon.org/LinkClick.aspx?fileticket=b7UagW8enCw%3D&tabid=104.
49 For more information, see Hearing on the Department of Justice, Office of Justice Programs Oversight Before the H. Comm on the Judiciary Subcomm. on Crime Terrorism and Homeland Security, 100th Cong. (2008) (statement of Shay Bilchik, former OJJDP Administrator), available at http://judiciary.house.gov/hearings/pdf/Bilchik080918.pdf.
50 In recent years, a range of organizations have commissioned or conducted related research and reached similar conclusions, including the American Psychological Association, the Washington State Institute for Public Policy, the Social Development Research Group of Seattle, Washington, and the Office of Juvenile Justice and Delinquency Prevention. For more information, see
http://chhi.podconsulting.com/assets/documents/publications/NO MORE CHILDREN LEFT BEHIND.pdf
51 H.R. 1064, 111th Cong. (2009); S.435, 111th Cong. (2009).
52 Federal Advisory Committee on Juvenile Justice, Annual Report (2006), available at http://www.ncjrs.gov/pdffiles1/ojjdp/218367.pdf
53 H.R. 3982, 111th Cong. (2009).
54 See Annie E. Casey Foundation, Juvenile Detention Alternatives Initiative, http://www.aecf.org/MajorInitiatives/JuvenileDetentionAlternativesInitiative.aspx (last visited Jan. 17, 2011).
55 Substance Abuse and Mental Health Services, Safe Schools/ Healthy Students, http://www.sshs.samhsa.gov/ (last visited Jan. 17, 2011).
56 H.R. 6361, 111th Cong. (2010).
57 45 U.S.C. §15601.
58 42 U.S.C. §16913.
59 J. Woolard, Juveniles within adult correctional settings: legal pathways and developmental considerations, supra note 3; Coalition for Juvenile Justice, Childhood on trial, supra note 3.
60 Graham v. Florida, 130 S. Ct. 2011.
61 H. Snyder, supra note 44 at 39-55.
62 For more information, see The Sentencing Project and National Network for Youth, Memo to Senate and House Judiciary Committee Staff from Robert F. Kennedy Juvenile Justice Collaborative, http://www.ceanational.org/phorum/file.php?9,file=126,filename=Juv.Second_Chance_Act.doc. (last visited Jan. 20, 2011).
63 20 U.S.C. § 6301 et. seq.
64 For more information on the educational barriers that youth face upon exit from secure placement, see J. Feierman et al, The School to Prison Pipeline…and Back: Obstacles and Remedies for the Re-enrollment of Adjudicated Youth, 54 N.Y.L. Sch. L. Rev.1115 (2009).