A new report found states are making progress in diverting more youth from incarceration, including in Washington state.
However, The Sentencing Project reported the U.S. is still far behind other countries when it comes to diversion for young people.
Karen Pillar, director of policy and advocacy in Washington state for the nonprofit TeamChild, said the state has expanded diversion programs to steer kids away from returning to criminal activity, which has opened opportunities to build a better response outside the juvenile justice system.
"If you come alongside young people, if you give them what they need, if you have an accountability measure and an opportunity for restoring the harm, you will have, broadly, way more success than if you bring them through a criminal system, give them a criminal record and put them in a carceral setting," Pillar contended.
Prosecutors in Washington state are required to enroll youth facing misdemeanor charges for the first time into programs designed to divert them away from criminal activity and incarceration, the report said. However, it also noted nationwide, racial disparities exist, with 49% of white youth cases diverted compared with 37% of Black youth.
Dick Mendel, senior research fellow for The Sentencing Project, said there are other benefits to keeping young people out of the criminal justice system.
"Diversion tends to be cheaper," Mendel pointed out. "It's not a net cost, it's a net savings. Even in the short term. And it's especially a net savings financially in the long term because these young people are much less likely to come back."
Pillar noted the criminal system has been the relied upon response for youth for a long time, but has not proved to be effective.
"We can't continue to use the same tool and get a different result," Pillar argued. "That's the frame that I think diversion tries to pull us out of."
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Incarcerated young people in Washington state can spend a longer time in detention if they do not have a place to go upon release.
Some of the reasons for longer stays for people under the age of 18 include youth who are experiencing homelessness or are in between homeless shelters.
Sara Zier, director of legal services for TeamChild, a Washington state based advocacy group for youth involved with the juvenile justice system, said overstaying in detention is devastating for the youth who experience it.
"They're facing layers of challenges," Zier pointed out. "Not only do they not have a safe place to sleep or to go home to or a family and supportive adults to meet their needs, but then they're held in detention where they're isolated and they don't have a chance of those things either."
Zier noted many barriers exist to ensuring young people have a place to go when they're released. She explained people do not have a right to determine where they reside until they're 18 years old. A U.S. Supreme Court decision earlier this year allows cities to pass laws punishing people experiencing homelessness, which could exacerbate the situation for young people in Washington.
Degale Cooper, CEO of YouthCare, an organization working to end youth homelessness in King County, said Black, Indigenous and people of color disproportionately experience homelessness in the county. Cooper acknowledged the city of Seattle and the state have policies in place to end youth homelessness, but funding remains an issue.
"Young people are homeless all over our state," Cooper emphasized. "If we don't have the financial resources to support organizations that can house these young people for either short periods of time or long periods of time, then the policy can't work."
State lawmakers passed a measure that went into effect in 2021 stating, "Any unaccompanied youth discharged from a publicly funded system of care will be discharged into safe and stable housing." However, the state has yet to achieve it. Zier stressed it is important to solve the issue of unaccompanied youth held in detention even though population-wise, it is a small number of people.
"From an equity perspective it's really important that our state stick to commitments we've made to house young people," Zier contended. "And also to give young people who are detained for offenses opportunities to engage in treatment, instead of being held in detention where their needs aren't met."
TeamChild offered some recommendations for addressing the issue of youth who are stuck in detention. It said the state should allow faster access to court for young people in detention and adjust the legal emancipation and minor guardianships to better serve people under age 18.
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Young people in Pueblo can now avoid serious and long-lasting consequences when they are unable to pay fines or fees.
Chanell Hasty, program manager with the National League of Cities - which created the Cities Addressing Fines and Fees, or CAFFE program - said when young people cannot pay a fee, it goes into collections. That can make it much harder for them to become financially independent, contributing members of the community.
"Jobs today, they require that you have decent credit scores to get a job, so they may not be able to get a job. They may not be able to get housing because of a damaged credit score," she said. "It's just a negative economic spiral for this young person."
Unpaid fines and fees can quickly snowball, leading to increased fines, driver's license suspensions or even jail time. Through CAFFE, people can sign up for Pueblo's Financial Empowerment Center, get one-on-one financial literacy tutoring, get their court fines or fees reduced, and pay them off through community service. Pueblo is one of 14 cities selected to participate in the program, which is also open to adults.
A similar program run by the San Francisco Financial Justice Project, called AFTER, helps juvenile crime victims secure restitution costs. Struggling families are often left on the hook for these costs, which can push the entire family deeper into poverty. Without this program, Hasty said victims who have real medical bills to pay may never get the money they need.
"So a program like this allows for the victim to actually get financial restitution to pay whatever bills that result from the crime," she continued.
Researchers found that crime survivors generally receive little, if any, restitution.
One year after restitution was ordered, only 2% was paid, and more than 90% remained unpaid after five years. Municipal fines and fees also disproportionately burden low-income residents, especially residents of color.
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Indiana's youth are facing a growing mental health crisis, and officials say urgent action is needed. Nearly half of high school students in the state report experiencing depression, and suicide attempts among youth continue to increase.
Tami Silverman, president and CEO of Indiana Youth Institute highlights the struggles teens face in silence, as well as the challenges families encounter in accessing the necessary support and resources.
"Nearly half - 47% - of the students reported experiencing depression within the last year. And so, that's been pretty consistent over the past couple years, but still that's a tremendous number," she said.
In 2023, nearly one in four students planned suicide, and more than 15% attempted it. Female and LGBTQ+ students report higher rates of mental health challenges compared to their peers, reflecting significant disparities.
Barriers to accessing care worsen the situation, with two-thirds of Indiana youth who experience major depression not receiving treatment. The shortage of mental health providers across the state further limits access. Silverman called on schools and community organizations to play a pivotal role by training staff to identify mental health issues early and implementing peer mentorship programs.
"For young people dealing with stress, anxiety, depression recognizing and embracing those glimmers - those positive moments - can help provide even brief respite from some of their stress or anxiety," she continued.
Silverman also emphasized the importance of promoting mental health literacy to reduce stigma and improve access to care. By addressing challenges, Indiana can create an environment where all youth receive the support they need to thrive," she said.
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