The Dangers of Detention Sue Burrell, Staff Attorney Youth Law Center San Francisco, California

The Dangers of Detention Have you ever heard these words in a courtroom? “We need to put this minor some place where she will have to go to school.” “This minor will be detained so he will have some time to think about what he did.” “The minor’s parents have expressed a desire not to have him at home.” “Any minor who commits ( fill in the blank with crime ) is not going to go home in this court.”

The Dangers of Detention The Truth is: Detention is Not Benign

The Dangers of Detention Characteristics of the Juvenile Justice Population:  Mental retardation: 1.61% of general school age population; 12.6% of juvenile offenders (Rutherford et al.)  Learning disabilities: 7-12% of general student population; 36% of juvenile offenders (Rutherford et al.)  Mental illness: 10% general juvenile population; 50-90% of youth in juvenile justice (Little Hoover 2001); 42% of youth in detention, 59% of youth in placement; 33% of youth in field supervision (NCCD 2003)  One-day California detention snapshot: 3,783 open mental health cases; 1331 receiving psychotropic medication (CSA, 4 th Quarter 2007)  In 2008, 2,231children under 12 years of age were detained, and 43,581 children 12 to 14 (Juvenile Justice in Calif. 2008, Table 14)  In 2008, the racial/ethnic breakdown for detained youth was White 25.6%; Hispanic 49.7%; Black 18.4%; and Other 6.3 % (Juvenile Justice in Calif. 2008, Table 14)

The Dangers of Detention Detention has an impact on defense of the case:  Detained youth are less able to assist in providing access to witnesses and other information needed for proper investigation of the case  Detained youth are less able to obtain services and demonstrate good behavior that would help at the time of disposition  Detained youth are more likely to receive a custodial disposition

The Dangers of Detention At the Societal Level:  Detention may increase recidivism  Holding groups of delinquent youth in congregate settings negatively affect their behavior and increases reoffending  Detention pulls youth deeper into the juvenile and criminal justice system  Alternatives to detention are more effective in reducing crime and recidivism  Detention may interfere with the process of “aging out” of delinquency  There is little relationship between detention and over all crime in the community Barry Holman and Jason Ziedenberg, The Dangers of Detention, Justice Policy Institute (2006)

The Dangers of Detention On a Personal Level:  Detention makes mentally ill youth worse  Detention puts youth at greater risk of self-harm  Detained youth has a detrimental impact on education & many fail to return to school  Formerly detained youth have reduced success in the labor market Barry Holman and Jason Ziedenberg, The Dangers of Detention, Justice Policy Institute (2006)

The Dangers of Detention What to do instead of detention? For a full array of options, go to the Annie E. Casey Foundation’s Juvenile Detention Alternatives Initiative (JDAI) web site: Find out about risk assessment, administrative sanctions for probation violations, day or night reporting centers, family support systems, and dozens of strategies for reducing unnecessary detention…many practical suggestions for your detention advocacy.

The Dangers of Detention

Contact Information: Sue Burrell, Staff Attorney Youth Law Center 200 Pine Street, Suite 300 San Francisco, CA (415) ;