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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As it advocates for changes to the youth justice system in 2025, a Connecticut group says the state needs to do more to examine and address the root causes of crime.

The Connecticut Justice Alliance wants the state to enact several reforms - including raising the age a person can be arrested from 10 to 14, and getting young offenders out of adult facilities.

Studies show youth incarcerated in adult prisons face higher rates of suicide and disciplinary actions.

Christina Quaranta, executive director of the alliance, said young people face many long-term impacts of incarceration.

"Young people that have an interaction, and are incarcerated in the adult system, die sooner than those who have not," said Quaranta. "And that looks like what access to healthcare looks like inside of prison, and after. The fact the folks who have certain charges on their record aren't able to get certain jobs."

She said these consequences often fall hardest on minority youth.

A 2023 report shows despite making up less than half the state's youth population, Black and Hispanic youths account for 83% of those in juvenile detention.

Quaranta said the alliance will also work to ban chemical agents used on young people in Department of Corrections custody.

This year, Connecticut lawmakers approved budget increases for the state's juvenile detention centers.

Other bills were brought before the General Assembly to improve juvenile justice outcomes, though not all were successful.

Quaranta said lawmakers must do more to address the root causes of crime - and education is key.

"Ensuring that schools and places where education is happening are properly funded, and are staffed well, and with the correct type of people for the population of that city or town," said Quaranta. "That falls under them."

She added that the General Assembly should also continue funding programs that are successful at keeping kids out of trouble.

But she also said she expects some challenges to enacting these priorities - including funding constraints, long-standing racism, and actions from the incoming Trump administration.

Pending legislation could change the age of Illinois' juvenile offenders' detention time before their trial date.

Currently, juveniles as young as 10 can be incarcerated. After a decade of negotiations with lawmakers, House Bill 2347, if passed, would raise the age of placing kids in detention centers from age 10 to 13, excluding violent offenders. The measure has passed the House and is being reviewed by the Senate.

Elizabeth Clarke, founder and interim executive director of the Juvenile Justice Initiative, supports what she described as the "well-thought-out" legislation.

"It's a compromise. It's important to do," Clarke asserted. "Locking up children, especially young children, not only is traumatic to them, but it's more likely to result in repeat offending."

Department of Juvenile Justice inspections in 2023 found facilities in Vermilion, Kane, Lake and Peoria counties were compliant with minimal safety standards. The remaining 10 facilities did not meet standards, a condition Clarke compared to solitary confinement.

The bill could be passed in the veto/lame duck sessions. Clarke pointed out the bill is an "agreed to" compromise. She noted some alternatives exist and children can be held accountable as minors, requiring authoritative intervention, probation and other punishments. She remains optimistic the Senate will pass the bill.

"This would just move the state forward," Clarke contended. "It would help counties avoid lawsuits in the future. It would help us to begin to right size our juvenile detention system across Illinois."

The bill said children younger than 13 could be held accountable through a legal document called the Petition for Minor Requiring Authoritative Intervention. It would permit the court to order probation or alternatives without involving an arrest or detention. Options include crisis intervention, behavioral health care services, or placement with relatives.


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A class action lawsuit has been filed on behalf of young people with disabilities serving time in the Illinois Department of Corrections.

The nonprofit legal advocacy group Equip for Equality suggested state legislation passed in 2006 has largely been ignored. It mandates young people ages 18-22 who are incarcerated take classes to earn a high school diploma.

Olga Pribyl, vice president of the special education clinic at Equip for Equality, said anyone in the age group who was, or currently is, eligible for special education services is affected.

"There's a number of individuals who entered the Illinois Department of Corrections who are within this age range, and who had previously been receiving special education services at their prior educational institution," Pribyl explained. "But once they entered The Department of Corrections, they didn't receive any education."

Pribyl described four years of negotiations on the issue as unsuccessful, which led to the lawsuit being filed against the Illinois Departments of Corrections and Juvenile Justice, and the Illinois State Board of Education.

The group worries young people with disabilities are not getting essential support or accommodation for their schooling while they are incarcerated. It said the consequences are far-reaching in terms of future schooling, vocational training and employment opportunities upon their release.

Pribyl argued getting a diploma can turn young lives around.

"When they exit the system, they're ready to be employed and can be participating members of the community and not go back into the system," Pribyl emphasized. "Statistics show that without an education, the rate of recidivism is a lot higher for these individuals."

Youth in custody can receive GED preparation. Pribyl added her group would like to see them receive high school credit-bearing courses instead. The Illinois Juvenile Justice Commission listed 446 juveniles in the state's 16 detention facilities as of this spring.