A new report found imposing restitution on youth offenders often leads to higher recidivism rates for children, pressure on families and further involvement in the justice system.

According to the study from the Juvenile Law Center, youths are often too young to hold a job, still in school and may come from families also struggling to get by.

Nadia Mozaffar, senior attorney at the Juvenile Law Center, said the juvenile system is supposed to be about rehabilitation and accountability for behavior, but she contended restitution puts the focus instead on a person's family financial situation.

"Restitution is really a broken system that isn't working for young people," Mozaffar asserted "That actually isn't resulting in victims being appropriately compensated, and is just creating a lot of harm to communities."

New Hampshire is the only state which does not allow interest to be collected on restitution. And in 2020, a bill was signed into law preventing parents from being on the hook for costs of services for a child's involvement in the justice system. The report pointed out, however, there is room to grow. Young people may be prosecuted for contempt if they do not pay restitution obligations by their 18th birthday.

Mozaffar added because young people often are not financially stable enough to pay restitution, it is important to decouple making victims whole and holding young offenders accountable. New Hampshire does have a Victims Compensation Fund, but she noted there are specific circumstances for accessing the funds.

"There are creative ways that we can ensure that money is there to compensate victims fully for their losses," Mozaffar stressed. "That doesn't necessarily require them to be waiting, for years and years and years, for a 14-year-old to make enough money to pay them back."

Mozaffar added pilot programs have shown restorative justice and other alternatives to financial restitution can often result in better outcomes, both for young people and victims. The report also pointed out alternatives must be fair, culturally responsive, and developmentally appropriate, as the human brain is often still developing into a person's mid-20s.

State and local leaders are joining community groups for a call to action this weekend to draw attention to efforts to support at-risk youth in Illinois.

Grassroots organizing does not always have the support of elected officials, but in Lake County the State's Attorney is joining in an effort to prevent gun violence and address mental-health issues among young people.

Eric Rinehart, state's attorney for Lake County, said when it comes to addressing the cycle of gun violence and helping at-risk youth, the prosecutor's office is a unique position.

"I think the prosecutor's office, when it comes to expungement, when it comes to diversion programs, when it comes to drug court programs and mental-health court programs, the prosecutor's office has sometimes almost complete discretion in terms of who gets into some courthouse programs," Rinehart pointed out. "We need to be thinking about how courthouse outcomes and, frankly, decades of disparity in our courthouse plays a role in this gun-violence cycle as well."

The Lake County State's Attorney's office is co-sponsoring the event along with community groups including Mothers Against Wrongful Convictions and the Lake County chapter of the National Alliance on Mental Illness. The event on Saturday will be at 4 p.m. at Zion-Benton Township High School in Zion.

Organizers in Lake County are bringing together community resources to help at-risk young people to bring multiple organizations into the mix at once. Rinehart argued the interventions need to happen sooner rather than later.

"When we identify somebody who is in need, but who hasn't hurt anyone yet, who hasn't shot anyone, maybe they've been shot, maybe they've been near the gunfire, we need to saturate those individuals with services in a nontraditional approach that I don't think has ever been done out of a prosecutor's office before," Rinehart asserted.

Nicole Scuffham, president of the National Alliance on Mental Illness-Lake County, said one of their programs geared toward at-risk youths is called "Ending the Silence," which brings young people into contact with lived experience.

"Includes going into schools with people who've been there, with lived experience of a mental-health condition that started during their teenage years and just kind of talking about how we've been there, and we've made it out on top, and this is where we are today," Scuffham outlined.

Scuffham added today's young people are better prepared to talk about mental-health issues than past generations.

One goal of youth and family support services is to keep kids out of juvenile detention, but for those who are accused of serious crimes, Pennsylvania doesn't have enough space in its detention centers, and it is being described as a crisis.

A report by the Juvenile Court Judges' Commission outlined the effects of facility closures on accessibility to services. Since 2006, some 15 juvenile detention centers have closed in the state.

Abigail Wilson, director of child welfare, juvenile justice, and education services for the Pennsylvania Council of Children, Youth, and Family Services, explained a few factors contributing to the lack of available beds.

"Sometimes the youth need doesn't match the facility that they're being sent to," Wilson pointed out. "Sometimes there are staffing challenges because, in detention centers, there has to be a certain staff-to-youth ratio. And if they can't meet that, they can't continue to accept youth. There are sometimes medical concerns that can't be addressed at the facility."

She noted most recently, COVID has added to the complications. There are now 14 facilities providing secure detention services across the state, and 61 of 67 counties must vie for beds at just seven of them. The report showed staff shortages mean not all the beds can be used.

In the meantime, experts emphasized detention is never the ideal solution for a troubled youth. Wilson argued more mental health treatment, support for rebuilding family relationships and greater community involvement can all help contribute to preventing young people from entering the juvenile justice system or being placed in detention, but it takes funding and coordination.

"Building community-based centers, and places where families can come and receive help without stigmatized feeling, or feeling judged in a certain way," Wilson suggested. "Screening and assessment for mental health or needs, education or tutoring services are helpful; crisis intervention, family counseling."

Another consequence of the detention-bed shortage is young people often must be housed out of their home county, which puts a strain on families as well as juvenile probation departments.

Currently, children as young as 10 are held behind bars while awaiting trial in Illinois, and now, juvenile justice reform groups are calling for the minimum age to be set at 13.

Legislation to raise the age from 10 to 13, House Bill 111, passed in the House of Representatives but stalled in the state Senate this spring.

Luis Klein, executive director of the Juvenile Justice Initiative in Evanston, said children under 13 should be released to their parents while awaiting trial.

"International human rights instruments, such as the Convention of the Rights of the Child, called for an end of prosecution, let alone detention, of young children under the age of 14," Klein pointed out. "Canada ended prosecution of children under the age of 12 in 1984. And Germany has long ended prosecution of children under the age of 14."

Illinois currently has no minimum age for criminal prosecution. Children up to 18 are tried in juvenile court. Reform groups would like to allow youths under 21 charged with misdemeanors to be tried as juveniles rather than in the adult court system. A bill to adopt the change passed the House this spring, but it, too, died in the state Senate.

Opponents in the law enforcement community cited concerns about rising crime and accountability.

Rep. Robyn Gabel, D-Evanston, said incarceration traumatizes young people who are already in crisis.

"Research shows that this event changes the trajectory of a child's life," Gabel stressed. "They are more likely to have poor life outcomes; recidivism, to drop out of high school, to be unemployed, and to have behavioral health problems. That's something that is unconscionable."

Nate Balis, director of the Juvenile Justice Strategy Group for the Annie E. Casey Foundation, said the focus of the juvenile justice system needs to pivot from punishment to rehabilitation for youths.

"Our job is to help them pursue their hopes and dreams," Balis asserted. "As opposed to just, 'How can we stop them from doing this bad thing?' That's when the system can become more humane."

Advocates stated they would like to see both bills be reintroduced when the legislature convenes for its next regular session in January.