Almost a quarter-million American children were incarcerated in 2019, and a new report found it is about five times more than states' annual point-in-time counts reveal.

Research from The Sentencing Project showed juveniles are overwhelmingly being detained for low-level offenses, causing disruptions to schooling and home life, making young people even more likely to be arrested again in the future.

Ali Ali, advocacy director of Maine Youth Justice, said often, youth who are incarcerated are responding to trauma or family issues, and locking them up doesn't help.

"If this system exists to produce positive impact, it's really not," Ali reported. "The data, it proves that. And you know, we also see the inequities in it. We see the biases, we see the disproportionate numbers when it comes to race, we see LGBTQ really high. So, it's just creating another system of racism, of systemic racism."

Maine Youth Justice is a youth-led campaign seeking to close down Long Creek Youth Development Center, the state's last remaining juvenile prison, and reinvest funding into Maine communities. Ali noted there were two facilities holding hundreds of kids in the state, but because of advocacy efforts in recent years, it is down to 20 or 30 kids at Long Creek.

Ali added there is no "one-size-fits-all" alternative to youth incarceration. He emphasized it is important for policymakers to listen to the young people in their communities and shape any support to meet the needs they're experiencing.

"I can't tell you one specific program that works for every single community," Ali explained. "I know the community that I grew up in, one thing that we used was theater - like, we used theater to share our stories, to explain what's happened in our lives, and we started from the juvenile facility."

Ali is also an artistic director with Maine Inside Out, a nonprofit using theater for transformational social change, in Long Creek Youth Development Center and in Maine communities.

Josh Rovner, senior advocacy associate for The Sentencing Project and the report's author, said detaining kids can have lasting negative impacts.

"For one, there's self-harm," Rovner pointed out. "Children are at a much higher risk of suicide having been detained. Not surprisingly, kids who are detained are much less likely to graduate from high school."

The number of children locked behind bars in Alabama has declined, but their advocates said more needs to be done to create alternatives to incarceration.

A one-day count of detained youths in 2021 was nearly 25,000 nationwide, which is a 60% decline over the past decade, according to the U.S. Department of Justice.

Josh Rovner, director of youth justice for The Sentencing Project, said while the trend is positive, he does not expect it to continue. He pointed out at least part of the decrease was because of the pandemic.

"When you think about the things that kids get arrested for, it's often school-based referrals," Rovner observed. "And if virtual school is happening, then kids aren't going to be referred by their school resource officers. They're not going to be shoplifting if all the stores are closed; they're not going to be getting into fights f they're all staying at home."

In Alabama, a one-day count of young people behind bars in 2019 saw almost 800 detained. By 2021, the number had dropped to 678. Data from the Annie E. Casey Foundation's study showed young people released from correctional confinement have high rates of rearrest and new convictions.

Research has shown children who are incarcerated often experience significant long-term consequences, which Rovner noted persist into adulthood.

"Whether there's one child who is locked up -- or 10,000 or 100,000 -- it's important to realize just how toxic these facilities are for kids," Rovner contended. "They have much worse outcomes, not only on their education and career achievements, but also much more likely to reoffend."

Recognizing the adverse effects, experts and activists are asking for a more compassionate approach to juvenile justice. Reforms focusing on rehabilitation and community-based support systems have proven to be more effective in addressing the underlying issues than locking juveniles up.

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.


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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."