NEW YORK — Juvenile prisons don't work, and should be closed, that's the recommendation of a new report from the Annie E. Casey Foundation.
The report, titled "The Future of Youth Justice," said juvenile prisons do more harm than good to incarcerated youths and their communities. New York is one of only two states still automatically charging 16- and 17-year-olds as adults.
But according to Jennifer March, executive director at the Citizens Committee for Children of New York, the state has made real progress in ending the incarceration of children younger than 16.
"At the height of the economic downturn, they were able to close many, many upstate juvenile-placement facilities that really cost the equivalent of a Harvard education and were producing a 70 percent recidivism rate,” March said.
In New York City over the past four years, juvenile crime has dropped by 14 percent and the number of children in juvenile placement facilities has been cut in half, according to March.
Time in a juvenile prison can make a successful transition to adulthood almost impossible. Patrick McCarthy, president and CEO of The Annie E. Casey Foundation and co-author of the report, said effective alternatives are smaller and more like home.
"Much more oriented to the appropriate developmental needs of young people,” McCarthy said, "a heavy focus on education, on job training and in preparing them to be successful through the rest of their lives."
McCarthy added that by closing costly youth prisons, states could free up funds to invest in more effective, community-based alternatives.
March said that while community-based programs for troubled youths is an important step forward, In New York the next essential step will be raising the age of criminal responsibility.
"To make sure that young people are held accountable in developmentally appropriate ways,” March said. "And that is better for their outcomes, their family's outcomes and society's outcomes overall."
Governor Andrew Cuomo has proposed raising the age at which young people are charged as adults to 18.
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Efforts to keep young people out of the criminal justice system are working, according to a new Sentencing Project report.
Elie Zwiebel, attorney and executive director with the Transformative Justice Project of Colorado, said the vast majority of adolescents in the justice system - disproportionately children of color and other marginalized groups - have committed low-level, non-violent offenses.
He said programs that bring young people face to face with victims, and help them repair the harms they caused, send an important message.
"We are saying that we value keeping those young people in our neighborhoods," said Zwiebel, "because we recognize that they should have a chance to learn and grow, and to ensure that they can become pro-social beneficial members of their communities."
The report highlights a decade-long effort to increase diversion programs in Colorado. Today, half the state's court districts divert adolescents to restorative justice programs.
More than 90% complete the program, fewer than one in 10 commit a new offense, and 99% of victims reported being satisfied with the process.
Dick Mendel, senior research fellow for youth justice at The Sentencing Project and the report's author, said community-based programs also benefit taxpayers.
The average cost of locking up an adolescent is $588 a day, but it costs just $75 a day for programs with wraparound services.
"Diversion tends to be cheaper," said Mendel. "It's not a net cost, it's a net savings, even in the short term. And it's especially a net savings financially in the long term, because these young people are much less likely to come back."
The report challenges political rhetoric that only tough-on-crime policies can make communities safer.
Researchers found that being arrested in adolescence actually increases the likelihood of recidivism, and greatly reduces a child's chances for success in school and beyond.
Zwiebel said he believes it's time for a different approach.
"We have tried - as a nation, and as individual communities within our nation - to implement tough-on-crime policies for decades," said Zwiebel. "For decades we tried that, and it didn't work."
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A new report showed a decade after being passed, Kentucky's juvenile justice reform law is getting results.
It found 60% of juvenile cases were diverted to alternative programs in 2020, compared to 41% in 2013. Instead of being sent to in detention centers, kids in diversion programs participate in home supervision, group homes, foster care, community programs and wraparound services.
Richard Mendel, senior youth justice research fellow for The Sentencing Project, said the state has also made strides in reducing racial disparities among kids whose cases are diverted. He pointed out statewide coordinators work across counties to help youth and their families navigate the system and find alternatives to detention.
"Kentucky looked at this, the state, and they very quickly changed their process for notifying people," Mendel explained. "Instead of sending a form letter, they started calling and engaging the families, and explaining why it's better to keep your kid out of court."
According to the Kentucky Justice and Public Safety Cabinet, in 2022, 982 youths were placed in an alternative program. In the first half of last year, 726 were placed. A spokesperson for the Cabinet said the number is expected to continue to increase, year-over-year.
Mendel added the goals of alternative programs are to ensure the public remains safe and the young person is set on a positive life path to reduce the odds of reoffending in childhood or as an adult.
"Diversion tends to be cheaper," Mendel emphasized. "It's not a net cost, it's a net savings, even in the short term. And it's especially a net savings financially in the long term, because these young people are much less likely to come back."
Last year, Gov. Andy Beshear signed Senate Bill 162, which provides more than $25 million in funding for Department of Juvenile Justice staff salaries, transportation costs and expanded programming and diversion resources, such as residential psychiatric treatment for youth with severe mental health issues.
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A new report by national researchers says Iowa is making progress in reforming its juvenile justice system, and finding ways to steer kids away from crime - long term.
The state convened a task force last year to study youth crime diversion programs.
Senior Research Fellow for Youth Justice with The Sentencing Project, Dick Mendel, said Iowa is one of the states making progress on addressing juvenile justice issues, by focusing on ways to keep kids from being incarcerated - and maybe discouraging them from committing crimes in the first place.
"Diversion tends to be cheaper," said Mendel. "It's not a net cost, it's a net savings, even in the short term. And it's especially a net savings financially in the long term, because these young people are much less likely to come back."
Iowa has also implemented restorative justice programs, which engage young people in repairing the harm caused by their behavior. That can often mean face-to-face meetings with their victims.
The Sentencing Project report also shows that Black youth in Iowa tend to be arrested for disorderly conduct more than white youth by a factor of 8 to 1, despite comprising a much smaller percentage of the state's population.
Mendel said while Iowa and other U.S. states are starting to bolster diversion programs, the idea of finding ways to rehabilitate young people and keep them from offending again is not new.
"When you look at other nations, 75 to 80% of the young people who are identified as possibly being fit for prosecution, are diverted," said Mendel. "Other countries have seen this research, and they've responded."
Iowa, Florida, Georgia, Kansas and Utah now track results of their diversion programs, which Mendel sais helps those states to make them more effective.
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