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Talking back to zero tolerance

In the year that I have worked as a juvenile defender, I have noticed patterns in the types of cases that land on my desk. For instance, now that the school year is in full swing, the overwhelming majority of my juvenile caseload arises from school discipline issues. It seems — at least here in southeast Georgia — as though schools are either no longer interested or no longer equipped to handle discipline in-house.
Almost every public school in my rural circuit has police presence in the form of the School Resource Officer (SRO), a uniformed police officer who maintains an office on the school campus. These officers maintain such a vigilant school presence to deter criminal activity such as drug possession/sale, weapon possession and other violent or dangerous activity. The reality is quite different.
Increasingly, local school administrators are relying on these SROs and a broad Georgia statute that criminalizes “disruption or interference with operation of public schools” to handle children with behavioral problems. What exactly are the definitions for “disruption” and “interference”? That is a great question, as the Georgia Code fails to define either term for the purposes of explaining exactly what conduct the state Legislature sought to criminalize. However, I can tell you that “disrespectful language” and “refusing to follow the commands of teacher” can land a child an invitation to juvenile court.
A child who is found to be delinquent of “disrupting or interfering with the operation of public schools” in Georgia, is subject to the punishment of a high and aggravated misdemeanor. This likely means probation for a length of time with a litany of conditions for the child to comply with, but could also result in a 30-day stay in a Regional Youth Detention Center.
When I was in school, disruptive children were punished by being assigned extra homework, given detention, in- school suspension or out- of- school suspension. The severity of the punishment varied with the severity of the actions; for example, talking back to the teacher might result in after-school detention, while getting into a playground fight would likely result in suspension.

Through her eyes: Girls and women in the juvenile justice system

It was like a giant switchboard, the kind you see in 30s and 40s movies, a bevy of operators plugging in a crisscross of wires, taking calls, making connections, a cacophony of chatter.
That image came to me recently as I walked into the lobby of the MassMutual Center in Springfield, Mass. The only difference was that the conversations filling the hall were about the same thing: girls and young women in the juvenile justice system.
We were there — teachers, social workers, lawyers, mentors, youth workers, college students and professors — for the Through Her Eyes conference sponsored by the Center for Human Development, a regional social services agency. This annual gathering, now in its seventh year, came about when a number of professionals expressed concern over the increased number of at-risk young females in “the system,” and the need for “best practices” to help this growing population. The Center for Human Development stepped up to address their concerns with the first Through Her Eyes conference in 2004.
This increase isn’t just a regional issue, however. It is a nationwide trend. According to the Institute on Women & Criminal Justice the number of women in prison has grown 832 percent in the past three decades. (The male population grew 416 percent during the same period.) Of this population African American girls and young women are the fastest growing group. The Department of Justice reports that black females are 2.5 times more likely to be arrested than Hispanics and 4.5 times more likely than whites.

The De-Incarceration of California’s Juvenile Justice System

The juvenile justice system in California has been evolving faster than most other parts of the country. While Missouri, Texas and other states have reduced their youth prison populations, California has made the most drastic reductions. At its peak in 1996, California housed more than 10,000 adolescents in its youth prisons. Today there are 1,096 youth held in just four facilities with one of those scheduled to close in a little more than a month.
The idea of de-incarceration is not new. This year marks the 40th anniversary of the closure of Massachusetts’ youth training schools. Dr. Jerome G. Miller, then commissioner of youth corrections in Massachusetts implemented sweeping reforms, transferring more than 1,500 adolescents out of youth prison and into community-based alternatives. Subsequent research revealed that when youth are not subject to the harsh conditions of institutional prison environments, they are less prone to serious and violent behavior upon release. We’ve known since the late 1970s, then, that well- implemented community- based treatment alternatives are more effective at reducing recidivism.
Today, after decades of de-incarceration, juvenile crime is at an all time low both nationally and in California. Contrary to popular belief, the streets and our communities are safer when more adolescents are present. This is great news for society, and signals an opportunity to end the use of institutional monolithic structures such as California’s youth prisons for good.

Texas has new options for holding juveniles awaiting trial and more -- news roundup

  • Is moving a juvenile to adult court a mistake?
    As many as 9,000 times a year, U.S. judges move youth into criminal court, making it more likely that they will be held in adult jail. These transfers are meant for those suspected of dangerous offenses, but the Scripps Howard News Service found that only 2 out of 5 these kids stand accused of a violent crime against another person.
  • District judges in Texas have new options for holding youth to be tried as adults
    In 29 states a loophole in a federal law allows juveniles facing prosecution as adults to be kept in county jails instead of juvenile detention facilities, where they face higher risks of suicide, physical assault and mental health problems — with limited access to therapy, education and specialized staff for juveniles. But in Texas, a new law passed by the Legislature allows district judges to order youth held at a juvenile facility.
  • Using judo and grant funding to keep young people out of the system
    A new federal grant will help Ansonia, Connecticut, bolster programs and look at new ways to keep the city’s youth out of trouble. The funding addresses needs like mentoring, employment, family support, mental health, and diversion programs, like judo, to keep kids out of the juvenile justice system.

Materials from OJJDP's 2011 National Conference for Children's Justice & Safety

Good news! Materials from the OJJDP's 2011 National Conference for Children's Justice & Safety are now available online
For those unable to attend, the two-and-a-half day national conference addressed many of the key issues and strategies in the field of juvenile delinquency and victimization. Leading experts and researchers gave workshops and sessions that promoted evidence-based practices that incorporate emerging concerns in prevention, juvenile justice and victimization.
We hosted an all-day pre-conference workshop, focused on the Reclaiming Futures model and drug court. Video from the session is available below:
Video I
Introduction (Susan Richardson, National Director of Reclaiming Futures)
Why reform is needed – Reclaiming Futures' history and purpose (Susan Richardson)
What's happening in your court?  (The Honorable Anthony Capizzi, Reclaiming Futures Montgomery County
How many youth in your courts have a substance abuse problem? What happens to them as a result of that, and how do you measure progress and/or success with those efforts?
Reclaiming Futures model (Dan Merrigan, Ed.D., M.P.H., Reclaiming Futures Leadership Consultant and Christa Myers, Project Director, Reclaiming Futures Hocking County)

Maryland's juvenile justice system is now a little more transparent

Recently signed legislation in Maryland requires the state’s Department of Juvenile Services to report the recidivism rates for each juvenile in residential treatment, broken down by program and placement. This is excellent news for juvenile justice reform in Maryland.
According to an analysis by Maryland’s Department of Legislative Services, this reporting will not cost any additional taxpayer dollars, and yet the citizens of Maryland will receive two huge benefits. First, the legislature and the public will now have easy access to data on recidivism, broken down by type of program. This is a key reform because general recidivism rates can mask the success and failures of different programs, and particularized data is necessary to make informed legislative choices.
Second, the simple act of being required to report this data to the Maryland legislators will put the onus on Maryland’s juvenile justice stakeholders to improve their system. By having to publicly state their Department’s outcomes annually, Maryland will reach new levels of accountability in juvenile justice each year.
This bill is win-win: no additional costs and positive returns for taxpayers and justice in Maryland.

Should agencies use tracking devices for youth offenders?

Across the country, youth offenders are wearing tracking devices as an alternative to detention facilities. The ankle monitors are part of a house arrest program that allows authorities to keep tabs on offenders. Since being implemented in Mississippi, 130 offenders have worn the trackers and officials say the initiative is working.
WTOK reports:

"For first time offenders, those who are brought in and they just need a second chance, I think it works very, very well," said Terrence Roberts, YET, Detention Alternative Director. "For those who are hardened and think, 'I'm just going to do what I'm going to do,' it may not work as well. But what it does is provide evidence that, 'Here I am at this location doing this crime."

Mississippi is not the first state to use ankle monitors to keep track of its young offenders. Georgia has used the monitors for awhile, as has Washington. And now a county in South Dakota is considering implementing them into their juvenile justice system.
Meanwhile, the Juvenile Justice Reform and Adolescent Substance Abuse Treatment group on LinkedIn seems to be split about this practice. What do you think?

New guide helps identify youth at risk and more -- news roundup

  • OJJDP launches DMC virtual resource center
    This online forum provides Disproportionate Minority Contact (DMC) coordinators, state advisory group members, and other juvenile justice professionals with tools to exchange ideas, share trainings and communicate about new practice standards.
  • Treatment Center alters schedule in response to adolescent sleep data
    Because sleep can affect a teen's mood and emotional self-control, Rosecrance Health Network, the largest adolescent treatment center in Illinois, restructured their program to reduce patients’ sleep deficit. Outcomes are encouraging.
  • Update: Illinois juvenile prisons 
    Conditions in Illinois juvenile prisons are improving, according to a report by the John Howard Association on Illinois, but problems of overcrowding, lack of education and inadequate staffing linger.
  • New guide helps identify youth at risk for alcohol-related problems
    The National Institute for Alcohol Abuse and Alcoholism has released Screening and Brief Intervention for Youth: A Practitioner’s Guide. This free tool can help healthcare professionals identify youth at risk for alcohol-related problems, counsel or advise them, and connect them to external sources of treatment. It contains a risk assessment survey and links to motivational interviewing resources.

Podcast: girls in the juvenile justice system

David Onek, senior fellow at the Berkeley Center for Criminal Justice, recently spoke with Gena Castro Rodriguez about the unique needs of girls in the juvenile justice system. Castro Rodriguez is the executive director of the Youth Justice Institute and has worked with youth in the juvenile justice system for the past 18 years. 
In this Criminal Justice Conversations podcast, Castro Rodriguez explains that girls have a very different experience with the juvenile justice system than boys. In particular:

  • Girls get involved in the juvenile justice system for, with, or because of another person (often a romantic partner)
  • Girls have multiple contact with the system, often working their way up to serious crime

When home for Thanksgiving is nothing more than a dream for a boy and his mom

I know a woman in Tennessee whose son was just sent to a youth detention center. He has had some problems with petty crime and drugs, and was sent to a treatment program for kids awhile back. He did not adapt very well to the program, and now he has been sent to this YDC for an indefinite period. He is 17 and the state can hold him until he is 21 if authorities decide he is not ready to be released.
She is trying to figure out how she can go see him for Thanksgiving. He is housed several hours away, and she doesn’t have a reliable vehicle to get her there. She is hoping the boy’s father, who lives in another town, will be willing to take her. Maybe he will.
This is her Thanksgiving.
There is something about the holiday season that makes these situations especially poignant for me. When I was on the inside, holidays weren’t so bad. Often the prisoners would come together and make meals, and guys would normally be a little nicer. We were all missing our families, and somehow that drew us together a little more than during the rest of the year. Somehow we were able to humanize one another a little more.
It’s only been since my release in December of 2009 that I have seen the other side of this story. For the families on the outside it is not a better time of year. When they gather around the table to eat a big meal and celebrate life there is a conspicuous absence. There is a gaping hole where their loved one should be.

Documenting Congress' further cuts to juvenile justice funding

The U.S. House of Representatives and Senate appropriations leaders finalized a “minibus” spending package that further reduces the relevance of the Office of Juvenile Justice and Delinquency Prevention, and possibly jeopardizes the office’s connection with state governments.
The bill – which funds the Departments of Agriculture, Commerce, Justice, and Housing and Urban Development – trims the allocation from an already-reduced $275 million in fiscal 2011 to $262.5 million for fiscal 2012.
The minibus package contains another continuing resolution allowing the government to operate through December 16.
The structure of the juvenile justice funding comes from the Senate Appropriations Committee’s bill, which drastically reduced funding but kept some for each program of the Juvenile Justice and Delinquency Prevention Act.
Under the agreement reached by appropriations confereees, the funding levels for OJJDP’s biggest programs, which include state formula grants, mentoring and missing and exploited children, more closely mirror what was proposed by the House appropriators.
These are the funding levels, by fiscal year, for the office’s major programs:
Title II Formula Grants to States

D.C.'s juvenile justice system could be restructured and more -- news roundup

  • On TV: "Young Kids, Hard Time"
    On Sunday, November 20 at 10 pm EST, MSNBC will premiere a one-hour documentary that throws back the veil on the reality of young kids serving long sentences in adult prisons. (Hat tip to the Campaign for Youth Justice.)
  • Reform: D.C.'s juvenile justice system could be restructured
    Council member Jim Graham, charged with overseeing the city's Department of Youth Rehabilitation Services, is considering a radical change to the agency via, "job development programs, we would have literacy, we would be dealing with this marijuana addiction, having mental health because a lot of these kids are abused. It would be different."
  • Civil citations are key to Florida's juvenile justice reform
    On July 1, 2011, Florida law began requiring counties to establish a local civil citation process for youth that requires them to admit to the offense, perform community service and possibly participate in intervention services. The non-recidivism rate is 93% in one FL county that has been using this program for two years.
  • New community care option for girls in Baltimore
    Girls going through the juvenile justice system now have an alternative to detention while waiting to be adjudicated - an alternative that’s been available to boys for years. Some can now attend a youth monitoring program that allows them to live at home and attend a reporting center.

NIJ study finds early school interventions significantly reduces dating violence

A post written this week on the Department of Justice's Justice Blog 
The post, titled School-Level Interventions Reduce Dating Violence, looks at key findings in a new report from the National Institute of Justice (NIJ) that suggests school-level interventions can significantly reduce dating violence among middle school students.
From the blog post:

The NIJ’s study on middle school prevention programs is one of the only studies on the effectiveness of initiatives designed to reduce dating violence among 6th and 7th graders. We hope these findings will allow groups to better optimize their resources and improve the tools they’re using to prevent dating violence.
Relationships early in life can have a lasting impact on the maturation of young people, and the NIJ study is a hopeful sign that a few low-cost initiatives could go a long way to improving the lives of our young people and setting them up for a healthier future.
The multi-level, randomized trial found that:

  • School-level interventions such as school-based "boundary agreements," which are akin to restraining orders between students, and increased faculty and security presence in "hot spots" effectively reduced dating violence and sexual harassment — in some cases reducing dating violence by as much as 50 percent.
  • Combining these school-level interventions with a classroom-level intervention administered through a six-session curriculum also reduced sexual harassment.
  • Classroom-level interventions alone, which included instruction on state laws and penalties, consequences for perpetrators, and the construction of gender roles and healthy relationships, were not effective.

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Why more cops in schools is a bad idea

Via the Justice Policy Institute comes a new report titled Education Under Arrest: The Case Against Police in Schools. The report cites recent cases to conclude that increases in the presence of law enforcement agents in schools, especially in the form of school resource officers (SROs), coincides with increases in referrals to the juvenile justice system, especially for minor offenses like disorderly conduct.
The report concludes the trend causing lasting harm, as arrests and referrals to the juvenile justice system disrupt the educational process and can lead to suspensions, expulsions or other alienation from school.
From the Justice Policy's companion blog post: "All of these negative effects set youth on a track to drop out of school and put them at greater risk of becoming involved in the justice system later on, all at tremendous costs for taxpayers aswell the youth themselves and their communities."
You can dowload the full report (PDF) here.

Reclaiming Futures fellow Carol Martin awarded for her work in substance abuse prevention

At their Annual Meeting in October, the Athens-Hocking-Vinton 317 Board recognized two Hocking County, Ohio community members for their work in substance abuse and mental health advocacy.
Carol Martin, Reclaiming Futures Hocking County (RFHC) Community Fellow, received the Hocking County Substance Abuse Prevention Award. She was nominated by Dr. Joe Gay, Executive Director of Health Recovery Services, Inc., a partner member of Reclaiming Futures Hocking County.
"I am humbled and honored to receive the award from the 317 board," Martin said, "but I feel the entire Reclaiming Futures team in Hocking County deserves to be recognized. We all understand the importance of advocating for the youth - the future of our community. They're all our children, and they deserve and need the support of our community."
The event was held at the Vinton County Middle School Cafetorium in McArthur, Ohio. From the event program: "Ms. Martin has tirelessly served in the Community Fellowship position in the Hocking County Juvenile Court Reclaiming Futures grant. She champions the need for quality substance abuse service coordination to benefit children and families involved in Hocking County Juvenile Court."
Carol has served in her Community Fellow role for three and a half years and during her tenure has established the Hocking County Youth Fund, at the Hocking County Chamber of Commerce, in order to help support activities for court-involved youth and their families.  She has also been responsible for developing a mentoring program for Hocking County Juvenile Court and is working closely with Bonnie Loudner from Good Guides Mentoring Program, a part of Good Will Industries, to match youth to adults and recruit and train adults in the community to become mentors.
As an "RFHC Cheerleader," Carol and her husband Roy have personally sponsored monthly activities and awards for Juvenile Treatment Court and Treatment Court graduations.

Photo caption: Roy (left) and Carol (right) Martin at the recent Athens-Hocking-Vinton 317 Board Annual Meeting. Carol Martin received the Hocking County Substance Abuse Prevention Award at recent Athens-Hocking-Vinton 317 Board Annual Meeting. 

Life sentences for juveniles subject to U.S. Supreme Court review and more -- news roundup

  • New report on dual involvement
    A study in Los Angeles shows dual involvement connects to major struggles in adulthood. Young people who exit both foster care and juvenile justice earn less as young adults and cost the public more than youth who only exit foster care, and are more than twice as likely to have been treated for a serious mental illness.
  • Advice to a parent with a teen struggling with drug addiction
    Cherie Miller talks with Grant Voyles, a certified addiction counselor, about the warning signs and the importance of education.  Of course practice, patience and consistency don't hurt either.
  • Life sentences for juveniles will be subject to U.S. Supreme Court review
    Less than a year and a half after ruling that such sentences are unconstitutional for youths convicted of a crime other than murder, the justices accepted two inmate appeals that would extend that conclusion to homicide cases, at least for children 14 and under.

Attorney General Holder's new blog post: Our continuing efforts to prevent youth violence

Attorney general Eric Holder has published a new blog post about youth violence prevention, highlighting the efforts of cities participating in the National Forum on Youth Violence Prevention.
Here's an excerpt:

Throughout my career, I have seen the devastating effects of youth violence far too often. As a prosecutor and a judge; as a U.S. Attorney, as Deputy Attorney General – and, above all, as the father of three teenage children – I’ve been determined to make the progress that our nation’s young people deserve.
In September of 2009, this country was shocked by a video depicting the brutal beating and murder of a 16-year-old Chicago honor student. That savage attack was seared into our collective memory, and it left an indelible mark on the community where it took place. But, tragically, it is just one horrifying example of the violence that many young people face every day, in cities and towns across this country.
In response to this crisis, last year, President Obama directed the Departments of Justice and Education to partner with other federal agencies – and with representatives from six cities – to launch the National Forum on Youth Violence Prevention, a network of committed stakeholders dedicated to stopping the brutality and bloodshed that devastates too many of the youngest members of our society. The six cities participating in the Forum — Boston, Chicago, Detroit, Memphis, Salinas, Calif. and San Jose, Calif. — have made great strides toward developing and implementing comprehensive crime prevention strategies tailored to eradicating the violence that has ravaged their communities and stolen so many promising futures.

Advice to a parent with a teen struggling with drug addiction

I’ll never forget how my hands shook as I gripped my office phone that afternoon. My 16 year-old son called tell me he was a drug addict and that he needed help. Right now.
I must admit I did have suspicions he’d been involved in drugging. His behavior had changed. He was doing so poorly in school that he was on the verge of either failing or dropping out. He struggled with my newly blended family and the move to a new state. I thought everything would work its way out in his life, but the tenor of his voice told me this was something serious.
Even though I’m the parent or step-parent of seven boys, I was totally unprepared. I’d always wished for a book for the teen years to turn to when things go rough, much like my mom turned to her trusty Dr. Spock reference book. But, there isn’t anything like that to help parents navigate today’s minefields.
I flew out the door and was soon home, sitting in my living room, attempting to wrap my mind around the depth of his problems. The night before a drug dealer threatened him. This was serious. Turning to the Yellow Pages, I called several drug rehab facilities in my state, but found only one with an immediate opening. It was two hours away from home and my son sat quietly in the front seat. I felt I’d failed him. Who knows what he felt.
The intake counselor sat us down in a private office and began to do a drug inventory. As the list began to grow from marijuana use all the way down to cocaine and heroin, I shakily agreed to anything to help him get out of the death trap of drug addiction.
My situation wasn’t unusual.

Spanking at home and in the classroom: what’s right and what's wrong?

A recent YouTube video of a Texas judge beating his then 16-year-old daughter with a leather belt has reignited the debate over the effectiveness and morality of corporal punishment in the home.
Judge William Adams, 51, contended he did nothing wrong and was simply punishing his daughter for stealing after the teen was caught downloading illegally distributed music from the internet.
Local police in Aransas, Texas have launched an investigation into the judges actions, but under state law — provided the actions were administered in the interest of “reasonable punishment” – prosecutors may not have a statute to stand on.Nineteen states, in red, have laws permitting corporal punishment in school.
Nineteen states, in red, have laws permitting corporal punishment in school.
Corporal punishment in the home had long been permissible under Texas law, and in 2005 state legislators took steps to strengthen those rights. House Bill 383 effectively set the standard for parental discipline as “reasonable punishment” and placed the burden of proof for abuse cases in the hands of the prosecutors. What exactly qualifies as reasonable punishment was not outlined in the bill.

New juvenile victimization questionnaire released

The Crimes Against Children Research Center has released its Juvenile Victimization Questionnaire.
A supplemental tool to the National Survey of Children’s Exposure to Violence (NatSCEV), the questionnaire attempts to document the full range of victimization that youth experience, including conventional crime, maltreatment, peer and sibling victimization, sexual victimization, witnessing, and other exposure to violence. Moreover, it aims to help practitioners determine youth’s needs, assess whether victimization programs are effective, raise awareness on youth victimization, and improve victimization research.
NatSCEV is the largest, most comprehensive survey on youth victimization conducted in the United States.
Multiple versions of the JVQ-R2 questionnaire is free and available online here.
Click here to view and download other publications from the National Survey of Children’s Exposure to Violence series.

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