Overwhelming Majority of States Allow Youth to be Housed in Adult Prisons

1,200 Youth Are in State Prisons on Any Given Day Across the Country

Link to Full Report

Link to Executive Summary

WASHINGTON (December 3, 2015) – The Campaign for Youth Justice (CFYJ), a national advocacy organization dedicated to ending the practice of trying, sentencing, and incarcerating youth under 18 in the adult criminal justice system, released a new report today, Zero Tolerance: How States Comply with PREA’s Youthful Inmate Standard. This report explores how states house youth under 18 in prisons in the new age of PREA compliance and enforcement. Furthermore, this report highlights national trends in juvenile arrests, crimes, and incarceration of children in the adult system.

The United States' extraordinary use of adult correctional facilities to house youth presents numerous concerns, including serious, long-term costs to the youth offender and to society at large. Science and research conducted over the last 20 years confirm what common sense tells us: kids are different. Despite evidence based research highlighting the harms of placing youth in adult facilities and the long term costs of incarceration to youth and society, 1200 youth are in state prisons on any given day across the country.  

According to CFYJ's Policy Director and author of the report, Carmen Daugherty, there is much at stake if PREA is not enforced.

“We have seen countless stories of what happens when children are not protected while being housed in adult jails and prisons. As youth arrests decrease and states continue to improve juvenile justice systems, now is the time to remove all youth from adult prisons,” says Daugherty.

The Prison Rape Elimination Act (PREA), unanimously passed by Congress in 2003, addresses sexual assault and victimization in prisons, jails, lockups, and other detention facilities – all of which are facilities that may house youth.  With respect to the treatment of youth offender, the PREA regulations state that “as a matter of policy, the Department [of Justice] supports strong limitations on the confinement of adults with juveniles.”

Fortunately this group of inmates was not forgotten by The National Prison Rape Elimination Commission—a group of experts brought together to provide recommendations to the Department of Justice on creating PREA standards--that made strong recommendations on the removal of youth from adult jails and prisons. The PREA Commission found that “more than any other group of incarcerated persons, youth incarcerated with adults are probably at the highest risk for sexual abuse.” Accordingly, the PREA regulations include a “Youthful Inmate Standard” to protect youth in adult facilities. Specifically, the Youthful Inmate Standard provides that youthful inmates, which the standards define as “any person under the age of 18 who is under adult court supervision and incarcerated or detained in a prison or jail,” must be housed separately from adult inmates in a jail or prison, but may be managed together outside of a housing unit if supervised directly by staff.

Key findings in Zero Tolerance include:

• The federal PREA standards have become the emerging standard of care for the housing of youth in adult facilities. Yet, the majority of states still permit the housing of youth in adult facilities, often times with no special housing parameters;  
• State laws vary widely as to the regulations and parameters for housing youth in adult prisons;
• The number of youth incarcerated in the adult prison system has decreased 70% since 2000;
• Placement of youth in adult prisons disproportionately falls on youth of color at much higher rates than their white peers;  
• Youth housed in adult prisons face higher risks for sexual abuse, physical force or threat of force.

With evidence of the decreasing number of youth entering the adult system, the report also includes a number of recommendations focusing on how states can successfully remove all youth from adult prisons.

CFYJ's CEO, Marcy Mistrett contends that full implementation of PREA is necessary to protect this vulnerable population.

"We recognize that implementing such a massive law with its substantial regulations will take time to trickle down to the states in a way that we, as a nation, feel like the law is “working” and a decrease in rape and abuse in prisons will be well documented," said Mistrett." We unwearyingly sit down with other advocates and policy makers to figure out how to strengthen the law. While urgency exists, we focus more on getting it right so another 12 years doesn’t pass with the same results."

The full report can be found here.
The executive summry can be found here.

For additional questions regarding, Zero Tolerance: How States Comply with PREA’s Youthful Inmate Standard, contact Aprill Turner at (202) 821-1604 or This email address is being protected from spambots. You need JavaScript enabled to view it..

 The Campaign for Youth Justice, based in Washington, DC, is dedicated to ending the practice of trying, sentencing, and incarcerating youth under 18 in the adult criminal justice system.

1. Removing youth from adult jails and lock-ups; 
2. Ensuring that youth who have committed nonviolent status offenses are not in secure detention or confinement; 
3. Keeping young people separated from adult inmates in lock-ups or jail; and,
4. Reducing the disproportionate rates of minority involvement with the juvenile justice system. 

Youth, family and juvenile justice advocates endorse reintroduction of bill to support states efforts to improve their juvenile justice systems, protect kids, and build safer communities.

WASHINGTON, D.C. (April 30, 2015) - Juvenile justice advocates across the country applaud Senator Charles Grassley (R-IA) and Senator Sheldon Whitehouse (D-RI) for the re-introduction of the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2015, to reauthorize and strengthen the Juvenile Justice Delinquency and Prevention Act of 1974 (JJDPA). The bill is very similar to legislation introduced last December in the last days of the 113th Congress.

Signed into law by President Gerald Ford on September 7, 1974, and most recently reauthorized in 2002, the JJDPA embodies a partnership between the federal government and the U.S. states, territories, and the District of Columbia to protect children and youth in the juvenile and criminal justice system, to effectively address high-risk and delinquent behavior and to improve community safety.

More than seven years overdue for reauthorization, the JJDPA is the only federal statute that sets out national standards for the custody and care of youth in the juvenile justice system and provides direction and support for state juvenile justice system improvements. The JJDPA also supports programs and practices that have significantly contributed to the reduction of delinquency.

"We are grateful for Senator Grassley's and Senator Whitehouse's continued commitment to strengthening protections for our young people who are involved with the juvenile justice system," said Marie Williams, Co-Chair of ACT4JJ and Executive Director of the Coalition for Juvenile Justice. "As expected, the new legislation tightens the accountability of states who receive funding under the Act and helps ensure that young people receive the protections, services, and supports they need."

Despite a continuing decline in youth delinquency, more than 60,000 young people are held in detention centers awaiting trial or confined by the courts in juvenile facilities in the U.S. For these confined youth, and the many more kids at-risk of involvement in the justice system, the JJDPA and programs it supports are critical. Youth who are locked up are separated from their families and many witness violence. These youth struggle when they get out, trying to complete high school, get jobs, housing, or go to college. Aside from the human toll, the financial costs of maintaining large secure facilities have also made it vital to rethink juvenile justice in every community.

"The bill brings the JJDPA in line with what research tells us and states know-that incarcerating kids, particularly status offenders, and locking kids up with adults causes harm and does not reduce crime and delinquency," said Marcy Mistrett, Co-Chair of ACT4JJ and Chief Executive Officer of the Campaign for Youth Justice. "This bill reaffirms a national commitment to the rehabilitative purpose of the juvenile justice system; one that supports developmentally appropriate practices that treat as many youth as possible in their communities. It is both cost effective and the morally right thing to do."

Key provisions in include:

• Phase-out of the Loophole that Allows Status Offenders to Be Locked Up
  • While current federal law prohibits detaining youth for status offenses (like truancy and running away from home), youth can be ordered by a court not to do these things as a condition of release through a court order. Many youth are subsequently detained for technical violations of such a valid court order. Many states have already prohibited use of this exception - known as the VCO exception - in light of research that shows it is harmful to youth development and is costly, especially when compared to community-based alternatives. The bill calls on all states to phase out use of the VCO exception over the next three years.

• Strengthening of Protections to Keep Youth out of Adult Jails and Prisons
  • Research shows youth confined in adult jails and lock-ups are more likely to re-offend upon release and, while confined, are at pronounced high risk of suffering assault and committing suicide. The bill extends the jail removal and sight and sound core protections to keep youth awaiting trial in criminal court out of adult lock-ups and ensures sight and sound separation from adult inmates in the limited circumstances where they are held in adult facilities.

• Supports for State Efforts to Reduce Racial and Ethnic Disparities
  • The bill gives clear direction to states and localities to plan and implement data-driven approaches to ensure fairness and reduce racial and ethnic disparities, to set measurable objectives for reduction of disparities in the system, and to publicly report such efforts.

For more information go to www.ACT4JJ.org.

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About Act 4 Juvenile Justice - Act 4 Juvenile Justice (ACT4JJ) is a campaign of the National Juvenile Justice and Delinquency Prevention Coalition (NJJDPC), which represents over 80 national organizations who work on youth development and juvenile justice issues. ACT4JJ is composed of juvenile justice, child welfare and youth development organizations advocating for the reauthorization of the Juvenile Justice and Delinquency Prevention Act (JJDPA) and increased federal funding for juvenile justice programs and services.

WASHINGTON (January 14, 2015) – The Campaign for Youth Justice (CFYJ) applauds New York City’s Board of Corrections for approving a measure that would eliminate the use of solitary confinement at Rikers Island for all inmates age 21 and under, and would also reduce solitary confinement for all prisoners to no more than 30 consecutive days. The policy change was approved unanimously and places Riker’s Island at the forefront of national jail reform efforts.

The following is a statement from CFYJ CEO, Marcy Mistrett applauding the Board of Corrections on taking this important step:

“Family after family has shared stories with us regarding the unnecessary harm caused to their young ones when placed in solitary confinement in an adult jail or prison. The United States now holds far more prisoners in solitary than any other nation; the go-to policy of many jails and prisons to “protect” youth from these conditions is solitary confinement. No child belongs in prison and this change of practice is just indicative of the underlying issues when housing youth in ill equipped facilities meant to punish and not rehab,” said Mistrett. “It is great news that New York City has stopped this torture at Rikers, first with 16 and 17-year-olds, now with those under the age of 21. We were pleased to learn of these developments, and look forward to hearing more in the coming days and weeks on more developmentally appropriate ways to treat youth incarcerated in the criminal justice system. ”

About The Campaign for Youth Justice:
CFYJ is dedicated to ending the practice of trying, sentencing, and incarcerating youth under 18 in the adult criminal justice system. The Campaign works in partnership with state-based campaigns in a number of states. We serve as a clearinghouse of information on youth prosecuted as adults and make our tools and resources available to those interested in learning and taking action on an issue that personally affects them. 

WASHINGTON, DC– Yesterday, President Obama and his Administration released their Fiscal Year 2016 (FY16) budget plan. On behalf of our broad network of more than 300 organizations representing all states, territories and D.C., we strongly applaud the President for including $339 million for critical juvenile justice programs in his budget proposal. Specifically, we are pleased that the President is requesting the following:

• $70 million for the Juvenile Justice and Delinquency Prevention Act (JJDPA) Title II, Part B State Formula Grants Program;
• $42 million for the JJDPA Title V Delinquency Prevention Program, with $10 million directed to stop the school to prison pipeline;
• $30 million for the Juvenile Accountability Block Grant (JABG) Program;
• $30 million for the new Smart on Juvenile Justice Initiative;$18 million in community-based violence prevention initiatives;$4 million for grants and technical assistance in support of the National Forum on Youth Violence Prevention Initiative; and
• $2 million for competitive grants that focus on girls in the juvenile justice system.

“President Obama and his Administration did a good job of preserving money for states to implement the core protections of the Juvenile Justice and Delinquency Prevention Act (JJDPA), the only federal law that sets out national standards for the custody and care of youth in the juvenile justice system.” said Marcy Mistrett, CEO of the Campaign for Youth Justice. “We are especially pleased with the $30 million investment in smart juvenile justice reform, which incentivizes states to foster better outcomes for system-involved youth.”

“With this budget, the President demonstrates the critical importance of targeted federal investments in state and local juvenile justice programs,” said Marie Williams, Executive Director of the Coalition for Juvenile Justice. “These programs pay huge future dividends in the form of better outcomes for youth, reduced recidivism and safer communities.”

In fact, Title II of JJDPA supports state compliance with federal law and creates incentives for research-based practices and innovations to build effective and equitable juvenile services aimed at positive youth and family outcomes. Due to Title II’s proven effectiveness, the Act-4-JJ Campaign will seek to build on the President’s proposal by working with Congress to restore and increase Title II funding further to help counteract the deep cuts to these funds over the past decade.

Title V is the only federal program that provides delinquency prevention funding at the local level to reach youth at risk and help keep them out of the juvenile justice system. It has been used to bring together local government, law enforcement, the courts, youth service providers, youth development organizations and others to build sustainable
prevention efforts and we are encouraged that the President has requested an increase for this program. We also support the commitment to provide dedicated resources to help communities reduce the use of arrest and engagement with the juvenile courts that unnecessarily push more young people into the justice system. However, we believe these dollars should not detract from Title V, but rather be appropriated separately and we will work with Congress to try to move it forward in that manner.

We support the President’s proposal for the Juvenile Accountability Block Grant (JABG) program. These funds support vital state efforts to effectively strengthen juvenile court services, such as behavioral health screening and assessment for court-involved youth and alternatives to detention.

Finally, we strongly support the recommendation to invest federal dollars in a competitive grant program designed to help states and localities better address the needs of girls in the juvenile justice system. Girls are the fastest growing segment of the juvenile justice population and this program will help provide specific, targeted support for state efforts to implement best practices with respect to at-risk and system-involved girls. To view the budget plan, click here. 

Attribute statement to the Act-4-JJ Campaign co-Chairs:

• Marcy Mistrett, CEO, Campaign for Youth Justice (This email address is being protected from spambots. You need JavaScript enabled to view it. and 202.558.3580)
• Marie Williams, Executive Director, Coalition for Juvenile Justice (This email address is being protected from spambots. You need JavaScript enabled to view it. and 202-467-0864)

Events Across the Country Help Raise Awareness Around the Issue of Youth Being Tried, Sentenced and Incarcerated in the Adult Criminal Justice System

WASHINGTON (October 13, 2015) – During the month of October, thousands of people are participating in National Youth Justice Awareness Month (YJAM) activities throughout the country. National Youth Justice Awareness Month was created eight years ago by a Missouri parent, Tracy McClard, whose 16-year-old son was tried and prosecuted as an adult, and ultimately took his own life while incarcerated in an adult prison.

In declaring October "National Youth Justice Awareness Month", earlier this month, President Barack Obama raised the profile and priority of this awareness month. The President pointed to the fact that two states still prosecute all 16-year-olds as adults regardless of their crime, and said, "Involvement in the justice system -- even as a minor, and even if it does not result in a finding of guilt, delinquency, or conviction -- can significantly impede a person's ability to pursue a higher education, obtain a loan, find employment, or secure quality housing." A total of nine states prosecute all 17-year-olds as adults, the President wrote.

“We lead this national movement to draw awareness to the issues that youth and their families face while in the adult justice system, because it is often overlooked,” said Marcy Mistrett, CEO of the Campaign for Youth Justice. “We are very happy that President Obama has helped shine a national light on this issue. Every year, an estimated 200,000 youth are tried, sentenced, or incarcerated as adults. Prosecuting youth in the adult criminal justice system goes against what research and brain science has proven: that youth are different from adults. Yet, youth sentenced as adults receive an adult criminal record, are denied employment and housing opportunities, and can be barred from receiving student financial aid.”

To help raise awareness about YJAM, events are taking place throughout the country ranging from service days, 5K walks/runs, film screenings, art shows, poetry slams and conferences. Local non-profits, volunteers and family members directly affected by the social injustice of having the youth in their lives charged, prosecuted and sentenced in the adult criminal justice system have organized the events. A full list of events can be found here.

The Office of the Vice President and Domestic Policy Council will also be hosting a YJAM event at the White House on October 14, the day-long activity will include White House staff and youth from across the country. Youth advocates from New York City will join a panel, highlighting New York’s failed policy to treat all 16 year olds as adults. “Despite the recommendations of Governor Andrew Cuomo’s Commission on Youth, Public Safety, and Justice to raise the age of criminal responsibility to 18 and implement common sense reforms, legislation failed to pass both houses last June, says Charles Nunez, youth advocate from Youth Represent in New York, “As we mark Youth Justice Awareness Month, we shine a spotlight on New York to protect children and protect public safety by passing comprehensive legislation to raise the age.”

For additional information about YJAM, or to speak with one of CFYJ’s spokespersons about their experience as a youth in the adult criminal justice system, please contact Aprill Turner at This email address is being protected from spambots. You need JavaScript enabled to view it., (202) 821-1604.

The Campaign for Youth Justice (CFYJ) is a national organization dedicated to ending the practice of trying, sentencing and incarcerating youth under the age of 18 in the adult criminal justice system. For more information about Y-JAM www.campaignforyouthjustice.org or Follow us on Twitter @JusticeForYouth and Like us on Facebook at: Campaign for Youth Justice #YJAM #YOUTHJUSICE

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WASHINGTON, DC (January 23, 2015) – This week Gov. Andrew Cuomo (D-NY) delivered his annual, "State of the State‟ Address in which he announced his support to embrace a package of recommendations aimed at reforming the state's criminal justice system. Central to that is a proposal to raise the age for criminal responsibility from 16 to 18 years-old within three years.  The Campaign for Youth Justice (CFYJ) applauds Gov. Cuomo for addressing this issue and urging swift action movement on the measure this year.

"We are happy that Gov. Cuomo is vested in this issue and committed to making New York state a leader in juvenile justice reform," said Marcy Mistrett, CEO of CFYJ. “We applaud Gov.Cuomo for his work to create a system that promotes child well-being by incorporating evidence based practices that keep communities safe and that gives children developmentally appropriate services, as well as engages families as peer advocates."

In a statement, Cuomo’s office pointed out that black and hispanic youths make up 33 percent of 16- and 17-year-old youths statewide, but account for 72 percent of all arrests, and 77 percent of felony arrests.

The statement said young men of color comprise 82 percent of youth sentenced to adult confinement and that inmates under 18 in adult jails and state prisons are much more likely to be physically or sexually assaulted and to commit suicide than adult inmates.

Public opinion strongly favors rehabilitation and treatment over incarceration and judicial review over automatic prosecution in adult court. New York would join 23 other states that have made significant legislative reforms in the last decade to address the issue of children in the adult criminal justice system.