Q:

How many juveniles are held in residential placement on a given day in the U.S.?

A:

Nationally, 50,821 juvenile offenders were held in residential placement facilities on October 22, 2014.

 

Juvenile delinquency is illegal conduct by a minor (anyone under 18) that would be a crime if committed by an adult (e.g., theft, burglary, rape, murder, drug offenses)” However, there is concern that minors continue to be subjected to adult consequences such as being charged with a felony.

 

Juveniles, at risk, currently and formerly incarcerated, are a vulnerable and underrepresented population.

 

Carrying a juvenile record can have unintended, adverse consequences that extend far beyond the original adjudication and associated sanction. The degree to which those consequences - sometimes referred to as collateral consequences or invisible punishments - exist for youth transitioning out of the justice system and into adulthood is largely unknown.

 

The juvenile justice system has been conflicted with the dichotomous demand of punitive measures for criminality and the rehabilitative need for youth who are often seen by most cultures to have a higher potential for change than adults.

 

The nationwide existence of separate juvenile courts signifies a difference in our treatment of juveniles and adults. Traditionally, juvenile courts were developed as a non punitive system that valued rehabilitation over retribution. What, then, removes children from the realm of a non punitive system and thrusts them into the adult criminal system, potentially exposing them to long and even lifetime prison sentences?

 

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The overarching theory of juvenile court is that youth are malleable. With the right package of individualized services, most can be saved from the downward spiral that leads to crime as a career.

 

Youth in the juvenile justice setting are at elevated risk for mental health and substance abuse issues as compared to the general population. More than two thirds (70.4%) of youth have at least one diagnosable mental disorder and more than 60% of youth met criteria for three or more diagnosable disorders.

 

 

The current national system is still struggling with understanding that in the long run,

rehabilitation is more economical and provides greater results

for juvenile offenders, the community and society as whole.

 

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Social science research and biological comparisons support that the mental processes of juveniles and adults differ. Studies have shown that juveniles brains have not fully matured which leaves juveniles plagued by immature thought processes and as a result, an inability to thoughtfully plan or anticipate consequences, minimize risk and danger or adapt reason in unfamiliar or stressful situations… Social science research is bolstered by neurodevelopmental findings that

the last area of the brain to mature is the inferior frontal lobe which governs judgment, impulse control and decision making.

These findings pertain to normal children and adolescents; decision making abilities among juvenile offenders who as a class have a much higher rate of mental disorders than do adolescents in general may be even more impaired.

 

Q:

How many youth age 17 or younger are held in adult jails?

A:

On a typical day in 2014, about 4,200 persons younger than 18 were inmates in jails in the U.S.

 

Q:

How many youth age 17 or younger are held in state prisons?

A:

Just over 1,000 inmates age 17 or younger were under the custody* of state prisons at the end of 2014.

 

*custody refers to prisoners held in the physical custody of state prisons regardless of sentence length or authority that has jurisdiction.

 

 

U.S. Centers for Disease Control and Prevention reporting identifies that an unintended consequence has emerged from sending youth into the adult system: The nation’s youngest felons are more likely to offend. An analysis of national crime data found violent crime hasn't fallen any faster in states where a large number of minors are prosecuted in adult courts. Once a juvenile has been charged as an adult, they will continue to stay in that system and any subsequent charges will be handled in the adult criminal court system. Adult facilities are no place to put juveniles, it places them at serious risk of harm and it doesn’t have the services and treatment that are developmentally appropriate for juveniles.

 

When states place 17 year olds in the adult court, it leaves a permanent scar.

Juveniles incarcerated in adult facilities are at a higher risk of violent attacks, sexual assaults and suicide than their peers placed in juvenile facilities.

Because of their lengthy prison stays, juveniles serving harsh sentences face an increased risk of victimization

 

There is a lifelong negative repercussion of being in adult court that follows the young person for the rest of their life. Once branded with a felony conviction, it continues to follow that individual everywhere. If a 17 year old is charged with an adult felony, they are not receiving the benefits of being charged within the juvenile jurisdiction. By placing 17 year olds into the juvenile justice system, the state can help these teenagers rehabilitate and prevent them from becoming revolving door criminals. The State of Maine focuses on a rehabilitative model utilizing Evidenced Based Practices to support youth and their families involved in the correctional system.

 

Reentry

Research shows that simply returning the youth to the community that is unchanged will bring youth behavior back to the original state or sometimes worse.

However, federal regulations eliminating funding for youth detained and committed in correctional facilities decrease the opportunity for increasing positive outcomes and reducing recidivism. Transition programs are essential to removing this barrier in order to prepare families, communities and youth for the transition from a highly structured, therapeutically supported environment, to the community.

 

Youth are often discharged from care back to families struggling with domestic violence, substance abuse, unresolved mental health disabilities and extremely low income. Many youth return to neighborhoods with few supportive programs, high crime rates, poverty, and poorly performing schools. Additionally, juvenile facilities are highly structured environments and even though a youth may excel while in confinement, the transition to a less structured environment may prove to be overwhelming unless supports are in place to facilitate the transition.

 

Research has shown that community treatment is best practice and reduces recidivism better than incarceration. Evidence Based and Community Based programming improves outcomes and supports reduction of recidivism in youth connected with corrections.

 

Research consistently finds that recidivism often occurs just after release, sometimes within a few days. Especially because of the overlap between mental illness, substance abuse, and criminality, the period of transition from secure custody to the community is a critical time where necessary supports should be in place to provide appropriate medical attention. This is especially true for young people coping with mental illness, substance abuse or other disorders that may make reintegration difficult.

Planning to transition a detained or committed youth back into the community without the use of Evidence Based Programming decreases the potential for youth as well as increases the cost for the community. Unfortunately, continuation in the trend for rehabilitation is being challenged by the financial climate.