NEW YORK - The criminal justice system is failing LGBT Americans, according to a report released today. Less than four percent of the population identifies as lesbian, gay, bisexual or transgender.

But the report, from the Movement Advancement Project, found twice that percentage among adults in jails, prisons and immigration detention facilities.

According to report author Naomi Goldberg, several factors are involved, including pervasive discrimination in the enforcement of laws.

"Whether it's drug enforcement laws or HIV criminalization laws, and discriminatory policing strategies," says Goldberg. "Profiling, stop-and-frisk, that are used against LGBT people, particularly LGBT people of color."

The report says LGBT people also are more likely to face abuse while incarcerated, and have more challenges rebuilding their lives after release.

The impact is even more pronounced on youth. Nate Balis, director of the Juvenile Justice Strategy Group at the Annie E. Casey foundation, points to figures for young people in detention.

"Upwards of 20 percent of young people were LGBTQ, which could be as many as three times higher than we believe that their percentage is in the general population," he says.

The Casey Foundation has published a practice guide for how LGBT youth in the juvenile justice system should be treated.

Balis says the first step is to reduce their over-representation in detention, by ending the use of law enforcement to solve problems that are not dangers to public safety.

"And then ending the unequal treatment of LGBT youth," says Balis. "Not just in detention but in the juvenile justice system overall."

Goldberg says New York State in particular has taken some important steps to end the discrimination that leads to the over-incarceration of LGBT people.

"Most recently, the governor interpreted regulations around protections for transgender people in terms of housing and employment, and public accommodations, all of which have a huge impact," she says.

Criminal justice reform is a major issue nationwide. The Movement Advancement Project says those reforms must also benefit the LGBT Americans who are at risk in the current system.


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Several bills working their way through the Washington Legislature focus on reforming the state's juvenile legal system, including one known as the Youth Hope Act.

The Act would give eligible young offenders transitioning from juvenile detention to adult correctional facilities a chance to petition a board for early release.

Diego Gonzalez attends Seattle University, and is on the Youth Advisory Board for TeamChild, a nonprofit organization backing the Act. He said young offenders deserve a second chance.

"That's basically what this bill's just trying to do," said Gonzalez. "It's trying to let somebody grow and live past the worst thing they've done as a youth."

Critics of the Act are concerned about the risks of releasing offenders too soon.

Research shows youth incarceration most often increases reoffending rates, while impeding young people's educational and career success.

The Youth Hope Act is currently in the Senate Ways and Means Committee.

For serious crimes, children under 18 in Washington may be tried as adults and face 20 to 30 years in custody.

Arthur Longworth is a policy manager at TeamChild. He said Washington's determinate juvenile sentencing system does not leave room for youth to be rehabilitated.

"Judges are basically handcuffed," said Longworth. "They have to follow a guideline matrix for what a young person is sentenced to without considering circumstances too much."

Gonzalez got involved with TeamChild after his friend, Sunshine Timmons, was sentenced to 20 years for a crime she committed at 17. Timmons is now in the custody of the Department of Corrections.

Gonzalez said he believes she grew in Juvenile Rehabilitation - and given a chance, could be doing good work in her community.

"But instead, they were forced to go to DOC," said Gonzalez. "And it's a bad place, that does not help the people there."

About 50,000 youth are in confinement in the United States. That number is 60% lower than 25 years ago, thanks in part to growing awareness of the negative impacts of incarceration on young people.

A recent report is highlighting the need for a complete overhaul of the Illinois juvenile justice system. It called for a renewed rehabilitative focus while prioritizing the rights, needs and safety of children, which it argued is sorely lacking across the board.

The report by the Illinois Juvenile Justice Initiative found the majority of juvenile detention centers fail to meet even basic standards to keep children safe, which has opened counties up to lawsuits.

Katherine Buchanan, a consultant for the Illinois Juvenile Justice Initiative and the report's author, said the current state-subsidized, county-run model incentivizes the jailing of children and does not provide an ultimate authority on oversight, begging the question of why and how the state jails children.

"The timing is right to really look at when and why children are detained, and how we can really focus the use of detention on those most critical cases," Buchanan contended.

Buchanan pointed out research shows any length of detention has a poor outcome for children, especially those of color, and unnecessarily costs the state tens of millions of dollars each year.

The report found gaps across all centers in behavioral services and education, disciplinary actions and the use of solitary confinement. Overall, children of color are disproportionately impacted, coming into contact with the legal system at much higher rates than their white peers, even when they commit the same offenses.

Buchanan explained how childhood trauma increases the risk of delinquency in adolescents, and detention only serves to retraumatize an already at-risk population while compounding long-term consequences.

"Even short periods in detention can harm children in terms of their educational attainment, their ability to reengage in school, their mental health and also in terms of their long-term future earnings," Buchanan outlined.

The report called for legislation prioritizing community-based efforts and using detention as a last resort. A new bill was introduced last month to initiate efforts for juvenile justice reform across the state and largely mirrors the suggested solutions outlined in the report.

Nearly 2,000 South Dakota juveniles were successfully diverted from the state's court system this year, according to a new report.

A 2024 law has added fiscal incentive for counties to continue these diversion efforts.

When low-risk youth are diverted from the court system, they are 45% less likely to reoffend, according to the Annie E. Casey Foundation.

Diversion can take many forms, from mural-painting to skateboarding programs.

State's Attorney Lara Roetzel in Pennington County, where diversion programs have been used for about 25 years, said they can help unveil the root cause of a child's misbehavior.

"Diversion gives you a chance to really get to know that young person, and get them the help that they need," said Roetzel, "because it's not always obvious."

For example, she said, a child caught stealing may be doing so to support a drug habit - and would be best served through addiction counseling.

The Department of Social Services has also expanded community-based treatment options for youth, including functional family therapy and aggression replacement therapy, according to a draft 2024 report from the state's Juvenile Justice Oversight Council.

When a child avoids court or incarceration, the state saves money - so the state compensates counties for the cost per child of successful diversions.

South Dakota Senate Bill 47, passed this year, increased the amount paid from $250 to $750 per child. Roetzel said that allows the diversion programming to continue.

"It meant that I just wrote a check this week," said Roetzel, "that will allow me to pay for classes for almost all of the young people that will go through my juvenile diversion programs next year."

This is particularly helpful, she said, because otherwise the outstanding costs land on parents - who often can't afford to pay them.




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