NEW YORK -- This month, New York Gov. Kathy Hochul signed a bill into law advocates said gives young people who were caught up in the criminal-justice system a second chance.
The legislation expands eligibility for youthful-offender status, which seals the records of adolescents who were prosecuted in adult criminal court prior to turning 19 years old. Under the new law, New Yorkers who were eligible but previously denied youthful-offender status can reapply to have their records sealed five years after completing their sentence.
Julia Davis, director of youth justice and child welfare for the Children's Defense Fund, said it is a relief for people who made mistakes when they were young.
"We see young people making choices that they wouldn't make when they're older," Davis observed. "Giving folks the ability to say 'I'm not really the same person I was when I was 17 or 18 years old' gives them the opportunity to not only have success in their own life but to contribute to that success of their neighborhood, their family and their community."
The youthful-offender status law is an expansion on 2017 legislation, increasing the minimum age for which adolescents could be charged with most crimes as an adult to 18 years old. New York previously was one of only two remaining states to charge 16-year-olds as adults in all cases.
Despite reforms, racial disparities in the juvenile-justice system still persist. According to a February report from The Sentencing Project, Black youths in New York are five times more likely to be incarcerated than their white peers.
Raysa Rodriguez, associate executive director of policy and advocacy for the Citizens' Committee for Children of New York, said the consequences of an adult criminal conviction deepen racial inequity already existing in the state.
"We're really unable to tackle race, equity and injustice without this important reform," Rodriguez contended. "When you think about how inequitable access to employment and living wage are for Black and brown communities, this is an important reform that would remove some of the barriers."
A report this summer from The Sentencing Project found the 2017 "Raise the Age" law successfully brought the rates of youth incarceration in New York adult jails and prisons down to zero.
get more stories like this via email
Young people who have run-ins with the juvenile justice system are more likely to end up in the adult system. The Michigan Task Force on Juvenile Justice Reform has approved a set of recommendations this week to change that.
The goals are to improve community safety, reduce disparities and improve outcomes. The recommendations range from expanding diversion programs and funding community-based alternatives to incarceration, to creating a statewide juvenile public defense system and increasing data collection to identify racial disparities, said Jason Smith, executive director of the Michigan Center for Youth Justice.
"We are extremely happy," he said, "that the recommendation to eliminate fines and fees - juvenile court fees that impose huge immense burdens on young people and families - that that was included in the recommendations and voted on unanimously, including by judges and prosecutors."
Smith noted that the task force was comprised of court administrators, judges, prosecutors and defense attorneys, advocates, and young people and their families. He said he hopes legislators will make these recommendations into law as soon as possible.
Other recommendations include creating an advisory board of young people and their families to guide changes in the future, as well as strengthening standards for probation and residential programs.
State Sen. Sylvia Santana, D-Detroit, said the goal is to keep young people in the juvenile-justice system from entering the adult system when they are old enough.
"I think whatever we can do as a legislative body to make sure that we are putting in the necessary tools and supports to redirect that behavior," she said, "but also redirect them towards a path forward, versus a proverbial cycle of being part of the criminal-justice system."
She said investing in youths while they are young will save Michigan money in the long run. One study shows keeping just one child from dropping out of school, using drugs and entering the system can save more than $2.5 million.
get more stories like this via email
The start of the fall semester is just around the corner for Illinois students. As children return to class, one advocate is urging school administrators to consider alternatives to traditional disciplinary measures.
Michelle Day, founder and CEO of Nehemiah Trinity Rising, a nonprofit helping organizations build and implement restorative-justice practices, has worked extensively with schools in the Chicago area. She encouraged other school systems across the state to consider adopting restorative-justice approaches in lieu of traditional punitive discipline programs.
"And when you do that, then you can have a restorative environment that engenders the type of behaviors and type of results that improve not only the safety of the school but the education for the children," Day asserted.
Restorative justice can take many forms, but most commonly it is based on reconciliation and constructively addressing the harm one student may have caused another without resorting to traditional punishments, such as suspension or detention. The Chicago Public School system offers a free online restorative justice guide to help teachers and administrators apply the principle.
Day explained integrating restorative justice into schools should be a top-down, holistic process, and everyone from cafeteria workers to school administrators should understand how it works. She added school leaders should not feel discouraged if they do not see immediate results.
"It takes approximately three to five years to change a school environment," Day acknowledged. "But when you do, the results are astounding."
According to the National Education Policy Center, restorative-justice programs could help reduce racial disparities in school discipline. A 2021 study from the University of Pittsburgh revealed Black students were "grossly overrepresented in rates of school suspensions for minor disciplinary infractions."
get more stories like this via email
Los Angeles County, the nation's most populous county, is revamping its approach to juvenile justice, launching a new Department of Youth Development, which will take a more supportive, less punitive approach.
The agency made its debut July 1, and aims to divert teens away from the justice system and toward social services.
Vincent Holmes, interim director of the Department, said more kids with low-level offenses will bypass the courts, incarceration and probation.
"Instead, you're going to be referred to a community-based organization that understands the dynamics and the culture of your community," Holmes explained. "That agency is going to engage with you and your family unit, to do an assessment and determine exactly what types of services you may need, what type of care plan needs to be created for you."
Youths may be offered counseling, or make amends via a restorative justice program. The county's previous diversion programs operated via a patchwork of agreements with local police agencies, serving just 700 youths last year, according to Holmes. But he pointed out about 85% of youth who are arrested in Los Angeles are accused of crimes making them eligible for diversion programs; about 6,500 a year as of 2018.
Holmes noted the first order of business is to expand the diversion program countywide. Part of the goal is to reduce the number of youths of color caught up in the juvenile justice system.
"We believe that's certainly one way that we'll be able to address the disparate, disproportionate representation that we see Black and brown young people in our justice system," Holmes contended.
A 2021 study from the Sentencing Project found Latino youth were 28% more likely than their white peers to be detained or committed to juvenile facilities, which is a big improvement over 2021, when Latino youths were incarcerated 80% more often than white youths.
get more stories like this via email