Over the past couple of years, North Dakota has implemented juvenile justice reforms.

And a new national report says there's been major progress in the U.S. in reducing youth incarceration rates, but troubling disparities remain.

The Sentencing Project is out with findings that show between 2000 and 2022, there was a 75% decline in youth incarceration around the country.

That coincides with a drop in arrest rates among minors.

The Project's Director of Youth Justice Josh Rovner said, it's worth noting that youths of color are still much more likely than white teens to be held in juvenile facilities.

"This is one of the most daunting problems, that youth of color are treated more harshly at every point of contact with the justice system," said Rovner. "They are more likely to be arrested, and after they've been arrested, they are less likely to be referred to diversionary programs."

Nationally, Indigenous youths were nearly 3.5 times more likely than whites to be detained.

Native Americans are the largest minority population in North Dakota, and a separate state report found that in 2023, Indigenous youths represented 30% of juvenile detentions.

Rovner said he feels that "over-policing" is a factor, and limiting law enforcement interactions for non-serious offenses can help reduce disparities.

Rovner said one way to do that is by overhauling how police officers are placed in the school setting.

As for the long-term progress overall, Rovner said he hopes the public takes notice of what the data show.

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

Rovner suggested that policymakers not lose sight of how successful diversionary programs have been, and that proactive states can serve as a model for others to follow suit.

In 2021, North Dakota adopted reforms that included newly created categories for juvenile delinquency and child welfare.

The goal was to provide more clarity on which types of cases needed referral to the courts, and which ones were better suited for the human services system.




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A new case filed in a Wyoming district court argues that a man's sentence of life in prison without parole was unconstitutional because of his age.

Christopher Hicks was 19 years old in 2006 when he was convicted of aiding and abetting, and conspiracy in two murders.

Now, Lauren McLane, a University of Wyoming law professor, argues that his sentence -- life in prison without the possibility of parole -- went against the state's constitution.

Most legal cases involving late adolescents have, based on legal precedent known as Roper, cited neuroscience research from 2004. More recent research shows that a human brain is still developing into a person's twenties. McLane wants the law to catch up.

"No one has looked at the new science and applied the new science. We have taken Roper's word, if you will, but so much has changed since then," she observed. "Science is far ahead of the law and far ahead of society."

Other common policies support this-including the age minimum of renting cars at 25 and the expiration for covering dependents on parents' health insurance at 26. McLane said she expects this case to advance to Wyoming's Supreme Court.

That's the level where judges interpret the state's constitution, which has unique elements that apply in this case. First, it requires that penal code be based on "the humane principles of reformation," she said.

McLane argues that a sentence of life without parole for a 19-year-old doesn't meet that requirement.

"This idea that whatever we do to people we incarcerate, it needs to be reform-based. There's nothing like that in the United States Constitution. There's nothing like that in pretty much 48 other state constitutions. So, that's pretty substantial to me," she continued.

Second, Wyoming's constitution outlaws "cruel or unusual punishment," unlike the U.S. Constitution, which bans a combination of the two. McLane added that could be a lower threshold to reach.


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Pittsburgh's only juvenile detention center has reopened, offering trauma-informed care and a secure haven for young people at risk.

The Westmoreland County-based nonprofit Adelphoi operates Highland Detention at Shuman Center. It includes physical, mental and behavioral health services. Karyn Pratt, Adelphoi's vice president for marketing and strategy development, said the facility currently has 12 beds, with plans for more.

She emphasized the center's role in addressing community needs and relieving pressure on a state juvenile-justice system that is stretched thin.

"We know that this service is important because it's protection for the kids; it's protection for the community," she said. "It's an opportunity to just provide a pause, provide stabilization for that child, and assess the services that they're going to need as they move on to their next placement."

Pratt said the center also addresses a critical shortage of detention beds, which has led to overcrowding in the Allegheny County jail and long-distance transport for youths.

Adelphoi CEO Nancy Kukovich stressed that detention is intended as a short-term placement that allows her organization to assist juvenile probation personnel in gathering the information they need to determine the best way to help a young person get back on track.

"What does the community need to know? It is one piece of a very wide continuum of services that are needed for juveniles," she said. "And what we want is for there to be very few kids in Highland, because we have really been working hard on reducing the number of kids that walk through the system."

She said they have a dozen more beds, exclusively for Allegheny County youths, in their Cambria facility, and two placements for girls in Latrobe, for a total capacity of 26.

Kukovich added they've conducted more than 200 interviews and have hired about 30 people, but as more renovations are completed, they'll need even more caring staff members.

"I think it's a good job," she said. "The pay is between $20 and $25, depending on the experience that you've had. We've got some people who are working there who used to work at Shuman, which is kind of fun to hear what it is that they had to say about the previous place. And we'll be looking for more people."

Alternatives to detention are community-based programs that provide supervision, support and services to youths. These programs also aim to prevent recidivism and ensure court attendance, and allow a young person to remain with their family.


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Alabama has the eighth-highest youth incarceration rate in the nation and juvenile justice advocates said more diversion programs could be key to changing the trend.

A report from The Sentencing Project outlines how programs to help kids avoid jail can reduce their chances of committing crimes.

Richard Mendel, senior research fellow for the group, said when a young person is arrested, it has a lifelong negative impact, often leading to higher dropout rates, lower likelihood of attending college and reduced income by age 30.

"More and more, the research is making clear that expanding and improving diversion -- and reducing or hopefully eliminating disparities in diversion -- really has to be a top priority for reform," Mendel contended. "If we ever want to create a youth justice system that's fair and effective, and keeps communities safe, and that guides young people to success."

The report showed national disparities in who gets to be part of critical diversion programs, and access is especially challenging for youth of color. Mendel claimed a lack of leadership and weak policies are the primary problems.

Despite the challenges, Mendel emphasized there is hope for change and suggested using a data-driven approach to support diversion programs. He urged state and local justice systems to expand them and provide the needed funding, as other nations have done.

"These other countries have seen the evidence, they've heard the evidence and they started diverting more and more of their young people away from court; 75%, 80%, 83% of them, now diverted from court, not put into the court system," Mendel reported. "We've had our head in the sand, we're not improving on this at all, so far."

Youth in diversion programs are 45% less likely to reoffend than those who go through the court process. Yet more than half of juvenile cases are sent to the courts.