Young people in the U.S. were incarcerated in juvenile facilities 240,000 times in 2019, according to a new report, and the research contended current methods significantly underrepresent how many are in detention.

Youth incarceration data is typically measured through a one-day count in late October. The Sentencing Project report estimated at least 80 % of the young people incarcerated are excluded from the count, most prevalent for youth who have been arrested and detained but have not had a court hearing.

Josh Rovner, senior advocacy associate for The Sentencing Project and the report's author, said getting the data right is critical, especially for youth of color disproportionately impacted by the juvenile justice system.

"Overwhelmingly, these are kids who are charged with low-level offenses," Rovner reported. "So we are making all of ourselves less safe because kids who are in these facilities are more likely to get arrested again, having been detained the first time."

In 2020, there were 4,200 secure detention admissions of young people in Pennsylvania, according to state data, a 42% decrease from 2019.

Pennsylvania's Juvenile Justice Task Force released its final recommendations last year, which included raising the minimum age for when a youth can be tried in juvenile court and diverting young people with low-level cases from the courtroom.

Malik Pickett, staff attorney for Juvenile Law Center in Philadelphia, said with more youth detention centers closing, there is an opportunity to invest in community-based programs.

"I think Pennsylvania is heavily prioritizing sending youths away and treating them in these residential facilities," Pickett observed. "When we know the research shows that youths receive better outcomes when they're treated within their communities and kept in their homes, close to their support and family and friends."

Sen. Camera Bartolotta, R-Washington, and Sen. Anthony Williams, D-Philadelphia, announced the Juvenile Justice Policy Act in a memo this month, which would limit detention and standardize placement practices with recommendations from the Task Force.

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.

The number of youth held in juvenile justice facilities in California and across the U.S. dropped 75% between 2000 and 2022 - according to a new policy brief from the Sentencing Project.

Researchers say it reflects big declines in youth offending and arrests - and lower rates of incarceration during the pandemic.

Josh Rovner, director of youth justice with the Sentencing Project, said this contradicts frequent assertions by politicians and commentators that youth crime is out of control.

"It's surprising to many people in the country that believe that things are always getting worse," said Rovner, "that believe that this generation of kids is worse than any generation that came before it, when the evidence doesn't back that up at all."

California has been on the forefront of juvenile justice reform.

The state closed the last of its youth prisons last year, moving to a county-based model to keep children closer to family and community-based programs.

The state also banned almost all prosecution of children under age 12, and ended the transfer of 14- and 15-year-olds to adult court.

Rovner said youth are much less likely to re-offend when they are spared incarceration - and instead enter programs that emphasize mentoring, family therapy, and restorative justice.

"Some people argued drops in incarceration would only lead to increases in offending," said Rovner. "The opposite happened. In fact, by locking up fewer kids, offending continued to drop. So successes can build upon successes, but there is still so much work to do."

State data show that the number of youth in California juvenile facilities stood at almost 2,800 in 2023 - a dramatic drop from just over 11,000 in 2002.




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