Youth in the Adult Criminal Justice System 18 th National Symposium on Juvenile Services October 16, :00-11:00am

Panelists 2 Removing Youth From Adult Jails  Elissa Rumsey, Compliance Monitor Coordinator  Office of Juvenile Justice and Delinquency Prevention  Thach Nguyen, Senior Manager  Multnomah County Juvenile Service Division  Liz Ryan, President and Chief Executive Officer  Campaign for Youth Justice

Youth in Adult System Highlights 3  An estimated 250,000 children are prosecuted, sentenced, or incarcerated as adults each year in the United States.  Most of the youth prosecuted in adult court are charged with non-violent offenses.  If detained pre-trial, two-thirds of youth prosecuted as adults are held in adult jails.  Youth sentenced as adults receive an adult criminal record, are often denied employment and educational opportunities, and can be barred from receiving student financial aid.  While in adult jails or prisons, most youth are denied educational and rehabilitative services that are necessary for their stage in development.  Currently, 40 states permit or require that youth charged as adults be held before they are tried in an adult jail. In some states, if they are convicted, they may be required to serve their entire sentence in an adult jail.

Youth Housed in Adult Jails and Prisons 4  Nearly 100,000 children are housed in adult jails and prisons each year.  Youth in adult system are at the greatest risk of sexual victimization.  Many youth who are held in adult jails have not even been convicted. Research shows that many never will. As many as one-half of these youth will be sent back to the juvenile justice system or will not be convicted.  Many children are often placed in isolation which can produce harmful consequences, including death. Youth are frequently locked down 23 hours a day.  Youth housed in adult jails are 36 times more likely to commit suicide than are youth housed in juvenile detention facilities.

How do Youth Get to the Adult System? 5

Youth in the Adult System cont. 6

State Trends Highlights 7  Turning the Tide  In the past 5 years, more than 30 pieces of legislation in nearly half of the states have changed their laws regarding youth in the adult system.  These trends are not short-term, but is a long-term restructuring of the juvenile justice system.  Reform efforts have been in all regions of the country and supported by bipartisan legislators and governors.

State Trends 8  TREND 1--States and local jurisdictions remove youth from adult jails and prisons. Colorado, Maine, Virginia, Minnesota, Idaho, Ohio, Oregon, Texas and Pennsylvania.  TREND 2--States raise the age of juvenile court jurisdiction. Connecticut, Illinois and Mississippi.  TREND 3--States change transfer laws to keep more youth in juvenile courts. Arizona, Colorado, Connecticut, Delaware, Illinois, Nevada, Ohio, Utah, Virginia and Washington.  TREND 4--States rethink sentencing laws for youth. Colorado, Georgia, Texas and Washington.

Oregon 2008 Multonomah County Resolution statewide law to remove youth from adult jails through county option. 9

Ohio Law passed to remove youth from adult jails pretrial 2011 Law passed to provide for youth to be sent back to juvenile court from adult criminal court

Texas 2011 Law passed to remove youth from adult jails through county option. 11

Colorado Series of reforms: 2012 Remove youth from adult jails pre-trial 2012 Provide judges more discretion whether youth should be in adult court 12

Virginia 2012 SB 259, was passed unanimously by the Virginia House of Delegates and the Virginia Senate. The legislation creates a presumption that youth who are being tried as adults are held in juvenile detention centers pretrial. 13

Multnomah County High-Risk Youth: Detention Policy & Practice Options 14 Thach Nguyen, Senior Manager Department of Community Justice, Multnomah County

Profile of Multnomah County 15 Oregon’s Most Populous County: 735,000 residents Size of Juvenile Population (10 – 17 yoa): 68,194 White: 66% African American: 9% Asian: 8% Hispanic: 15% Other: 2% Juvenile Offenders as Percent of County Juvenile Population: 3%

Initiatives Shaping Multnomah County Detention Population: 16 JDAI Model Site – began 1992 Ballot Measure 11 - passed 1994 County Resolution No – passed 2008

Two Distinct Populations 17 Trends in Annual Admissions 2008 Resolution passed

Two Distinct Populations 18 Comparison of Average Length of Stay

Common Questions: Are the youth charged with adult crimes significantly harder to manage? 19

Two Distinct Populations 20 Comparison of RAI Scores

Common Questions: How does the County manage youth charged with adult crimes? 21

Detention Enhancements: 22 Modified activities for long-term populations:  Drug and alcohol education  Latino support group  African American support group Behavior management system Enhanced visiting program for good behavior

Common Questions: Has the County seen an increase in peer fights/assaults since the resolution passed? 23

Incident Reports 24 Since the 2008 resolution, there has been no observable increase in the number of reported peer fights or assaults. Year # Fights/Assaults

Common Questions: How often has the County elected to transfer a youth to an adult facility due to a youth’s behavioral issues? 25

Youth Releases 26 Since the 2008 resolution, very few youth have been released to the Adult jail for behavior reasons: Only nine Ballot Measure 11 Youth have been released to an adult jail for behavioral issues. Year # Youth (to–date)0

Summary: 27 The Multnomah County Juvenile Detention home is the presumptive placement for a youth facing Measure 11 charges. Our staff are trained and committed to providing a safe, secure, and enriching environment for these youth. With modest enhancements to structured activities, juvenile detention is a safe and effective placement for these youth. Since the resolution, Multnomah County has experienced no discernible disruptions to our operations and ability to meet our public safety goals.

Acknowledgements 28 For More Information: Please visit our website at: Craig Bachman, Detention Manager Dr. Kimberly Bernard, Communications Manager Christina McMahan, JSD Assistant Director Liang Wu, Data Analyst

National Institute of Corrections Report: “You’re An Adult Now” 29 Elissa Rumsey, Compliance Monitor Coordinator Office of Juvenile Justice and Delinquency Prevention

NIC “You’re An Adult Now” Report 30 Youth in Adult Criminal Justice Systems Released January 2012  The report gathered statistics, reviewed the issues, impacts, and options that detention and correctional leaders face when they manage youth in the adult system.  Raise awareness of these issues.  There needs to be a re-evaluation of the best way to curb delinquency and increase positive youth development.

Report Contributors 31 A list of some of the contributors to the NIC Report  Multnomah County Community Corrections – Portland, Oregon  Bureau of Justice Statistics – Washington, DC  National Council on Crime and Delinquency – Oakland, California

Youth in Jail 32  Most states allow pre-trial youth charged as adult be house in adult facilities  39 states allow youth to be jailed  Of the 39, only 20 states have protection for the youth  Six of the 39 states have age restrictions

Dangers Youth Face in Jail 33  75% of all deaths of youth in adult jails were due to suicide (BJS Survey)  Little access to rehabilitation and family support  Lack of services for youth development:  40% of jails provided no educational services  7% of jails provided vocational training

Dangers Youth Face in Jail 34  Increase risks of self-harm and abuse when youth are placed in adult pretrial environment  In 2005 and 2006, 21% and 13% respectively, of the victims of sexual violence in jails were youth under 18  Only 1% of all jail inmates are juveniles

Policy Recommendations 35  Policymakers should discuss the appropriate place for youth pretrial and consider the costs  Pretrial Release Options for Youth Defendants in Adult Court  Stakeholders should consider case processing agreements to reduce time for a case to go through a system.

Federal Resources 36  National Center for Youth in Custody  PREA Resource Center  OJJDP Technical Assistance

Snapshot of Policy Statements 37 National Partnership for Juvenile Services resolution on youth in adult facilities Professional Associations with policy statements: American Jail Association American Correctional Association Council of Juvenile Correctional Administrators Coalition for Juvenile Justice

National Youth Justice Awareness Month – October Events  Alabama – Oct. 27  Colorado – Oct. 20  Florida – Oct. 27  Illinois – Oct.21  Maryland – Oct. 18  Mississippi – Oct. 27  Missouri – Oct. 26  New Jersey – Oct. 20  Oregon – Oct

National Youth Justice Awareness Month – October 39  Watch and share the Alliance for Youth Justice PSA & connect with your local AYJ affiliate: center.html center.html  Find a YJAM event in your hometown & take action: justice-awareness-month.html justice-awareness-month.html  Help us spread the word about Youth Justice! Facebook Campaign for Youth Justice or follow us on JusticeForYouthCampaign for Youth JusticeJusticeForYouth