Juvenile Justice System: Detention

1. Karla Munoz Estrada Eric Mendez Juvenile Justice System: Detention

2. Definitions • Juveniles: persons younger than age 18 (though this age varies across states). • Juvenile delinquency: behavior by a juvenile in violation of the juvenile or criminal codes. • Delinquent: a juvenile younger than 18 who is determined to have violated a state's juvenile code. • Detention: temporary custody and care of juveniles pending adjudication, disposition, or implement of disposition.

3. Delinquency • Delinquency includes "all behaviors considered crimes for adults as well as a variety of behaviors prohibited only to juveniles".

4. Detention • When arrested, a juvenile may be temporarily placed in detention while the court decides how to proceed. • The primary goal of detention is to ensure that the juvenile appears at necessary court hearings.

5. Delinquent statistics • In 2007, nearly 322,000 juveniles were held in detention. • 31% of these included crimes against a person. • 28% included property crimes. • 10% were drug related. • 30% involved public order offenses.

6. New York City • "On any given day, hundreds of youth under the age of 16 are incarcerated in the New York City Department of Juvenile Justice’s (DJJ) three youth jails: the Horizons, Crossroads, and Bridges (aka Spofford) juvenile detention centers." (The Correctional Association of New York) • The majority of young people locked up in detention centers are charged with non-violent, low-level offenses and do not pose any threat to public safety.

7. "New York City has initiated steps to reduce detention; however, it is still chronically overused and the City continues to spend millions of tax dollars to run a wasteful and racially biased juvenile detention system". (The Correctional Association of New York) • Although there is a drop in youth crime, the "Department of Juvenile Justice... had 5,833 admissions to detention, a 6 % increase from the previous year". (The Correctional Association of New York)

8. Disproportions • African-American and Latino juveniles composed 95% of the youth entering detention. • White juveniles comprise 4% of detainees, while they comprise 26% of all children in New York City.

9. Disproportions continued • The neighborhoods with the highest rates of juvenile detention include: South Jamaica, East New York, Bedford-Stuyvesant, Harlem, Tremont, University Heights, Brownsville, Eastchester, Morris Heights, Saint George, East Harlem, Soundview, Bedford Park, the South Bronx, and Far Rockaway. (The Correctional Association of New York) • The neighborhoods with the highest rates of detention also have the highest levels of poverty, poor housing and under-performing schools.

10. In New York City and across the country, youth of color are disproportionately arrested, prosecuted and incarcerated. • "Youth of color experience more punitive treatment than their white peers in every stage of the justice process." • Youth of color also suffer from a “cumulative disadvantage” from the point of arrest to incarceration. • A1996 study by the New York City Criminal Justice Agency (CJA) found that youth of color were more likely than white youth to have their cases referred for prosecution in Family Court, more likely to be detained at arraignment, and more likely to receive incarcerative sentences

11. “49.4 % of the youth released from DJJ facilities were readmitted to detention in the same year.” • –The Correctional Association of New York

12. Disparities • Refers to the lack of equality among racial/ethnic groups in the likelihood of being arrested, admitted to detention, facilities and voluntary agencies • Disparity Rate Index (DRI) is the rate of per 1000 for black(Latino) children relative to rate for white children. • Black’s(Latino’s) DRI were 2.2, compared to whites which was .07

13. Disparities (cont.) • Disparity rates are very high for both Latino and Black children • Latino are 16.4 times as likely , as white children to be placed in OCFS facilities. • OCFS- New York State Office of Children and Family Services

14. Relative Rate Index • Relative Rate Index(RRI) compares the rate of activity(number of events) in a given stage of the juvenile justice system to the rate of activity in a preceding stage, for the Black and Latino children • Black and Latino children(6984) get arrested about seven times more than whites(966) • Blacks and Latino children(421) get admitted to facilities about 38 times more than White children(11)

15. RRI(index) • For every 1000 arrests, Black and Latino children(60.281) get arrested about six times more than white Children(11.387)

16. Incarceration Close to 18,000 Latino youth are incarcerated in America, most are non-violent offenses 41% of Latino youth are held in juvenile detention facilities, 34% are held in juvenile long-term secure facilities 24% incarcerated Latino children are held in an adult prison or jail, even though a youth in an adult facility are in significant danger to be raped and commit suicide

17. Treatment Latino youth suffer from disparate treatment in the juvenile justice system When compared to white youth they are : 4% more likely to to be petitioned, 16% more likely to be adjudicated delinquent; 28% more likely to be detained;41% more likely to receive out-of-home placement; 43% more likely to be waived to the adult system; and 4% more likely to be submitted to adult prison

18. Murder rates and admissions Compared to whites the murder rates: Latinos murder rate is 12 time higher 90% of all people murdered in the city are black or Latino 96% of shootings suspects are Black or Latino 84% of all admissions to juvenile detention facilities are Black and Latino, often for minor infractions

19. Over representation Nearly 40,000 adolescents a year are brought in criminal courts- most of them are charged with non- violent crimes (fare –beating in the subways, marijuana possession, and shoplifting) The consequences for Latino and Black young people have been disastrous because they over represent those being arrested

20. Possible solutions A bill was summited to the Legislature by New York State’s chief judge, Jonathan Lippman, calling for a special court for 16 and 17 year olds charged with non violent crimes Close to home initiative- reforms the city’s juvenile justice system to allow the New York City Family Court to place young offenders in facilities closer to their home communities engage at-risk youth before they get in trouble, through comprehensive and coordinated preventive models that can link them to strong schools, reliable and quality health care, and safe and engaging after-school and summer programs. Programs should also engage families and make schools welcoming places where children living stressful lives can find the support they need.

21. References • "Rethinking Juvenile Detention in New York City" • "The Correctional Association Of New York" • http://www.chcfinc.org/policy/StateofLatinoFamilies/Race_and_Ethnicity-Path_Through_the_Juvenile_Justice_System.pdf • http://mobile.nytimes.com/2014/01/20/opinion/when-children-become-criminals.html?referrer= • http://m.theatlanticcities.com/jobs-and-economy/2012/06/how-fix-juvenile-justice-system/2333/ • http://www.reclaimingfutures.org/blog/Latino-youth-juvenile-justice-key-facts