The Eckerd Family Foundation Florida’s Juvenile Justice System: An Overview DRAFT

Florida’s juvenile justice system handles about 155,000 intake referrals a year, representing about 100,000 children. In (a typical year) these were mostly boys, and most were white (48%). Florida’s Juvenile Justice System: Intake & Referrals

Children in Detention Facilities After referral, 52,483 of these referred children in were housed in secure Detention facilities for an average length of stay of 12 days. Detention facilities are used for a number of reasons, only one of which is to house a child pending court appearance. Most secure detention happens in the more urbanized areas of Florida such as Miami and Tampa. Children can also be placed in home detention.

Majority Enter the System for Non-Violent Offenses Most children are referred to the system for non-violent and property offenses: In , 50% of referrals were for misdemeanors Twenty percent of referrals were for “other” offenses–meaning things like violation of probation and aftercare, and non classifiable felonies and misdemeanors. Most children enter the system due to drug related offenses, theft, trespass, disorderly conduct, and non-violent resisting of arrest. Referrals for contempt of court rose 30% and those for disorderly conduct increased 22%. Violation of probation referrals rose 69% over the past five years. Violent crime among youth has dropped: Referrals for crimes against persons dropped 2% over the last five years. Referrals for aggravated assault and battery decreased 10% over the same period.

Residential Programs Children who wind up in the system can end up in any of more than a hundred programs and facilities over half of which are run by private organizations. These programs are of several types:

Residential Commitment Residential Commitment Programs –These range from non-secure facilities housing low-risk children (most of the children fall in this category) to maximum security facilities housing the smaller number of “high-risk” children –Some 15,000 children flow through these facilities a year, with about 6,500 inside on any given day (of which only 305 go through maximum security). –About 9,600 children are released in any given year –About 4,000 of those released are put into some kind of aftercare, probation, or conditional release program.

Effectiveness of Residential Programs

What does Effectiveness Mean? To be classified as effective, a program has to get from the children a lower recidivism rate than that predicted by the children's demographic profile. Most programs (98) have no impact at all on the youth they serve since they were rated “average”. By “average” the state means that the youth coming out of the program recidivated at a rate no different than what is predicted by their demographic profile. This means that the program did no better with those children than if they were simply released.

What are the Non-Residential Programs? If a child is not committed to a residential facility, he or she may be placed in a non-residential program. These are: Probation (general or intensive) A temporary shelter stay or an outward bound program A Diversion program -- these literally are intended to divert the child out of the juvenile justice system into some kind of local social service program. Research suggests this is a highly effective approach to helping children. Day treatment The few, small, special intensive programs like MST or IDDS, which are intended to serve high-risk youth at an early stage of delinquent behavior About 34,000 children a year flow through these non-residential programs, some 18,000 of which were in direct diversion programs (a category that may be eliminated in Florida)

Where Do the Children Go? In , almost 15,000 children flowed through the residential commitment programs. About 44% of children in residential commitment are white, 46% black, 8% Hispanic. Average length of stay is 244 days (those in low-risk residential average 127 days, while those in maximum risk residential facilities average 434 days).

Law and Children in Custody In 2005, the actual population of children in residential custody (not just those committed that year) was about 10,000 children. Among these children in residential custody, about a third committed felonies, a third misdemeanors, and a third “other offenses”. Of children in residential commitment, 84% are male, 53% are white, and average age is 16.3 years.

Department of Juvenile Justice

The Lack of Evidence-based Treatment in Residential Programs It is estimated that at present, no facility gives children 30 hours or more of cognitive-behavioral therapy (an evidence-based practice It is also estimated that a tiny fraction (less than 3% of children) benefit from an evidence-based family therapy program at any point of contact with the juvenile justice system.

Release from Residential Forty-eight percent of the 10,000 children who were released in , were released into a conditional release program, mostly probationary in character. Twenty-one percent were directly discharged.

High Recidivism Rates Result From Lack of Evidence-Based Treatment Florida’s weak use of evidence based treatment shows. In , 10,000 children were released out of residential custody. Forty percent recidivated within one year after returning to their communities. Black children have a recidivism rate of 45% compared to 35% for white children. White female children have the lowest recidivism rate of 25%. Evidence based treatment has been showed to lower recidivism rates, so why isn’t Florida using more of them?

Low Academic Performance Complicates the Picture About 67% of children in residential commitment enter reading 4 or more grades below the level appropriate for their age.

Reading Skills Urgently Need Improvement Upon leaving the system, about 50% are reading 4 or more grades below the level appropriate for Their age. Most of these children are the age of 9 th graders, meaning they are coming into the system reading at the 4 th grade level or worse and at best improving by one grade level.

Summary: The Case for Reform Too many children are referred into the system for minor offenses that were once more appropriately handled by families, schools, and communities. Children who enter the system do not get evidence-based treatments (family therapies, cognitive-behavior therapy). Nor do they receive appropriate academic support to help them succeed in school and in the job market when they re-enter their communities. Not enough children are put into local diversion programs. The system is not designed to put children onto a path for a productive life – it leaves them to flounder in ineffective programs and punitive facilities.

The System May Be Changing for the Better The Department is supporting the “What Works” Initiative with foundation and federal funding. The initiative works with program providers (both residential and non-residential) to increase the adoption of evidence-based treatment. Many in the Department would like to see more use of family therapies during probation. An educational group currently lobbies for improvement in the quality of the educational services provided to children in residential commitment facilities.

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