A new report revealed in 2019, young people in the United States were locked up in juvenile facilities nearly a quarter million times, and current methods significantly underrepresent how many are in detention.

In Illinois, the state reports a majority of minors in the youth carceral system are Black, a troubling disparity one policy expert said is not surprising.

At the end of January, the Illinois Department of Juvenile Justice (DJJ) reported nearly 70% of detainees in its institutions were Black.

Garien Gatewood, director of the Illinois Justice Project, said most of the inmates come from the same communities.

"You continue to see youth from the same areas cycle in and out through generations," Gatewood observed. "It's because there's been purposeful disinvestment in those communities. So, we need to be able to provide more resources and support, not only for those youth, but for those families."

According to the report from The Sentencing Project, most official estimates of kids behind bars use a one-day-count model, which largely fails to take into account kids who are being detained but have yet to face a trial. The report said the one-day snapshot method excludes about 80% of kids behind bars. The DJJ said the average daily population count for its facilities in January was about 104.

The report noted Black and Latino youth are 50% more likely to face incarceration than their white counterparts.

Josh Rovner, senior advocacy associate for The Sentencing Project and the report's author, said youth of color are also more likely to be initially detained after coming into contact with the courts.

"Overall, one out of every four kids who are sent to court are detained at the outset," Rovner reported. "Now, for white youths, that is one out of every five. For Black and Latino youths, it's closer to 30%, and that is not connected to the seriousness of the offense."

The report said juveniles who are detained are less likely to graduate from high school, and the record can make it difficult for them to find employment into adulthood. Rovner added youth who have gone through detention also are at a much higher risk of suicide.

Minnesota is about to implement several juvenile justice system reforms that are being cheered by advocates.

The public-safety omnibus bill approved by lawmakers this spring includes several changes. A key provision puts strict limits on the use of solitary confinement in juvenile detention centers.

Sarah Davis, director of the children and families division at the Hennepin County Attorney's Office, said it means the practice can't be used as a form of punishment, and called it a critically important move in seeking improvements.

"Solitary confinement -- in particular, solitary confinement of youths -- is a fundamental human-rights violation," she said, "and many other states have already banned or significantly limited the practice."

Other changes include limiting strip searches and prohibiting life sentences without parole for defendants who were minors at the time of the offense. Addressing these matters has sometimes resulted in tension in Minnesota, including a recent Hennepin County case that involved a controversial plea deal for two teens. But Davis said these reforms still leave plenty of room for meaningful accountability.

Davis said the timing of these reforms is also important because some law-enforcement agencies are handling cases involving defendants as young as 10 and 11 years old.

"The behaviors that they're engaging in are a form of communication about unmet needs," she said, "and we want to make sure that we are engaging in practices and that we have policies grounded in what we know to be evidence-based about supporting youth and positive youth development."

The public-safety bill also creates the Office of Restorative Practices for youths, which provides technical support and training for implementing these models. Restorative justice often involves participation from those harmed by the crime, family members and the community to determine a proper way for the young defendant to make amends. Defendants have to articulate how an agreement will deter them from getting in trouble again.


get more stories like this via email

Attorneys, state employees and juvenile justice reform advocates will gather virtually Friday to receive updates on county pretrial juvenile detention centers in Illinois, and discuss the findings.

In 2021, the Illinois Legislature authorized inspections at all 17 county-based detention centers across the state.

Luis Klein, executive director of the Juvenile Justice Initiative of Illinois, said the summit will, for the first time, evaluate the effectiveness of the state standards for the facilities.

"They're incredibly important because there's not a whole lot of oversight on these detention centers," Klein explained. "There are standards, which they are expected to meet, but there's no ombudsperson for these detention centers, and they really are allowed to police themselves."

John Albright with the Illinois Department of Justice will present the report on the inspections. Participants will also hear from Richard Mendel with The Sentencing Project, on his study of youth incarceration. And Lisa Jacobs with the Loyola University School of Law will lead a discussion of the report.

Klein pointed out each of the 17 detention centers is not run or managed directly by the Department of Juvenile Justice, but by the counties where they are located. He emphasized the study is critical because, in past years, there has been a lack of transparency and lack of oversight over conditions in the centers.

"These reports are really important because it's the first time that we really get a standard by which these detention centers are being judged," Klein noted. "And then, a look at how are they doing, based on these basic and rudimentary standards."

South Dakota has been looking at ways to improve the state's juvenile-justice system. Recommendations could be considered in the new legislative session, with mental health serving as one of the overarching themes.

Proposed solutions began to surface in recent months following the work of a task force last summer. One idea calls on the state to set aside $20 million to fund scholarships for those considering the mental-health field.

State Rep. Taylor Rehfeldt - R-Sioux Falls - served on the committee and said the state needs to address its shortage of counselors.

She said intervention could help troubled youth overcome Adverse Childhood Experiences, or ACES.

"Ninety percent of juvenile detainees reported experiencing one or more traumatic event," said Rehfeldt. "So, how that really links together is that when we have these ACES happen to kids - we're intervening and then in the long term, hopefully, prevent these kids from entering into the juvenile-justice system."

Rehfeldt, also a board member for the Center for the Prevention of Child Maltreatment, said adding licensed counselors is vital because the wait time to meet with a provider is four to six weeks.

The assistant majority leader acknowledged that while South Dakota has a budget surplus, there will be a lot of competing interests for state funding.

Another item that came from the committee was a resolution to continue researching childhood mental health and services available to kids across the state.

Rehfeldt said they've barely scratched the surface. For example, she said educators are being asked to juggle a lot with more students showing a need for mental-health intervention in a school setting.

"Not that they don't want to help kids when they can," said Rehfeldt, "but when they're bogged down with all of those mental-health needs, it's really hard to be an effective teacher and then also have your kids in your classroom be effective learners."

She said the state needs to strike a balance in helping kids in and out of school when they're in need of counseling while making sure staff members aren't vulnerable to burnout.

Researchers who provided testimony suggest delaying action could create more ripple effects, with nearly 20% of South Dakota children having two or more Adverse Childhood Experiences.