West Virginia state agencies have failed to collect data on incarcerated youth, according to a new lawsuit filed by the West Virginia NAACP in the Circuit Court of Kanawha County.

Every year, thousands of children appear before a judge and many become entangled in the state's juvenile justice system.

Aleshadye Getachew, senior counsel for Democracy Forward, explained the state passed a law in 2015, mandating agencies to collect data about juvenile justice outcomes to aid policymakers, but she said agencies haven't delivered.

"This data really should have been collected in 2015 when this law was first passed, but it hasn't," Getachew pointed out. "We sent out FOIA requests on behalf of the West Virginia NAACP and what we received was pretty limited."

She added the lack of data is leaving advocates in the dark on whether the state has made progress addressing a crisis of incarcerated youth, particularly those involved in truancy diversion programs and school-related incidents.

According to the state Department of Education, more than 169,000 incidents on school property occurred during the 2022 academic year, with more than 51,000 students referred for discipline.

Loretta Young, president of the West Virginia NAACP, said data is critical for examining racial disparities among students facing harsh penalties, such as suspensions or expulsions, or being referred to law enforcement for minor incidents.

"Because the data collection will lead us to what the problem is, how we possibly can develop community resources along with the school resources, so that children are not going from the school to the pipeline of prison," Young urged.

According to federal data, law enforcement accounted for 82% of all delinquency cases referred to juvenile court in 2019.


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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.