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April is Sexual Assault Awareness Month

Kay Xiao Wednesday, 01 April 2015 Posted in 2015, Across the Country

Today marks the beginning of Sexual Assault Awareness Month, geared towards raising awareness of sexual violence and prevention to public health, human rights, and social justice that exists across demographic groups: sexual violence happens to people of all ages, races, genders, sexual orientations, religions, abilities, professions, incomes, and ethnicities. From college campuses to jails and prisons, sexual violence impacts individuals and communities alike.  
 
Prisons and jails across the United States house youth under 18 with adults every single day. The most recent data from the Department of Justice, Bureau of Statistics  reports that nearly 4500 youth are held in jails and nearly 2000 in prisons on any given day. According to the new data, Florida houses over 200 youth each day in adult prison, Louisiana and New York, 178 and 182 respectively, Connecticut 143, North Carolina 115, and Michigan and Texas, 106 and 104. Georgia houses nearly 100.
 
The Prison Rape Elimination Act (PREA), Youthful Inmate Standard (YIS), was created to protect these youth from the dangers of living in prisons and jails. It is our belief that these young people should be completely removed from these facilities and given access to developmentally appropriate rehabilitative services in the juvenile justice system. While we suspect many states will not certify full compliance, our goal is to keep shining a light on the prevalence of sexual abuse of youth in adult jails and prisons, and to continue to call on the full removal of youth in adult facilities.
 
In 2011, correctional administrators correctional administrators reported 8,763 allegations of sexual victimization in prisons, jails, and other adult correctional facilities, and according to the 2012 National Survey of Youth in Custody, An estimated 9.5% of adjudicated youth in state juvenile facilities and state contract facilities (representing 1,720 youth nationwide) reported experiencing one or more incidents of sexual victimization by another youth or staff in the past 12 months or since admission, if less than 12 months.
 
During the month of April, please take the time help us raise awareness about sexual victimization of youth in adult jails and prisons. 
 

The Conditions Necessary for Reform: Take Action Now

Marcy Mistrett Wednesday, 25 March 2015 Posted in 2015, Take Action Now

Only a few more weeks remain for the New York State legislature to decide whether to support Governor Cuomo’s Raise the Age Bill. A bill that would raise the age of juvenile court jurisdiction from 16 to 18 years of age; aligning New York with the majority of the country. On March 16, the Children’s Defense Fund in NY held a symposium to educate the public on how the Commission on Youth, Public Safety and Justice determined its recommendations and the impact the law would have, if passed, on youth and public safety.

The tone of the morning was set by Bryan Stevenson, founder of Equal Justice Initiative, author of the best selling book, Just Mercy, and a powerful voice in the reform efforts of the criminal justice system. Mr. Stevenson, sharing his belief that “all children should be treated as children” broke down four conditions necessary for reform:

  1. Reformers must be proximate to those impacted by the law—keep people who are impacted close to the reforms. See and feel their humanity and the trauma they have experienced, for it is the same humanity and trauma that is within us.
  2. Reformers must change the narrative. The US presumes too many black children as dangerous and guilty. This narrative must be replaced with one of truth and reconciliation.
  3. Reformers must protect our hopefulness. “Change will be minimized if we don’t believe that something better is possible.”
  4. Reformers must do uncomfortable things. “Justice requires this. We are all more than the worst thing we have ever done.”

These themes resonated throughout the morning. Building from the powerful statements from a formerly court-involved young person, Jim S., who talked about the transformative nature of the youth/family court for him personally; every member of the panel clearly was proximate to this issue. There was no lack of stories of injustice, racialization, and deprivation that youth experience when incarcerated—particularly when incarcerated side by side with adults.

Commissioners talked about the importance of bearing witness to the conditions that youth endured in adult jails and prisons—including cell-study, outdoor recreation in a 2 x 5 foot caged area, months of solitary confinement, isolation from their families, and lack of access to age appropriate services. The observation, documentation and sharing of these experiences has been critical to developing the political climate necessary for reform.

In terms of changing the narrative—Commissioners and community-based organizations articulated and accepted that youth of color are disproportionately harmed and traumatized by incarceration; but also commented that this harm extends to all youth who lack access to age appropriate services and to the communities in which they reside. Panelists highlighted the vicious cycle that treating kids as adults creates in our families and communities—and the need to invest resources up front to keep young people and families stable and out of the criminal justice system. Panelists, many who have been fighting to raise the age for half a decade, discussed ways they have seen “toughness” toward these young people evolve into “trauma informed” services and care. Many cited excellent community based programs and continuums of care that exist, but need to be scaled, to keep kids close to home and connected to their communities.

Hopefulness was referred to repeatedly. Advocates referred to the system changes that have happened to get NY ready to raise the age. From the Youth-Part Court, to the dramatic reduction in state-based youth care, to a reorganizing of financial streams that allow youth to get accessible services, all prior reform has gotten NY in a position where raising the age can be implemented effectively. There was also consensus that this bill is something that would benefit youth, regardless of where they lived in the state.

Finally, the uncomfortableness that has accompanied “Raising the Age” in NY was also expressed throughout the morning. Not a panelist spoke, who didn’t reference some discomfort—either with what they see happen to youth and families day to day; or from their frustration with lacking authority to make the change from where they sit; or from holding systems and families accountable; or even where the final recommendations from the Commission ended. One might say that it was the pervasiveness of the discomfort that ultimately led to action.

By all accounts, NY has in place the pieces necessary for reform; the question remains, is the legislature ready too? If you haven’t yet reached out to your legislator in NY, please TAKE ACTION now, by clicking here.

State of the States: Here's What's Moving in 2015

Najja Quail, CFYJ Legal Intern Tuesday, 24 March 2015 Posted in 2015, Across the Country

By Najja Quail, CFYJ Legal Intern

As the rates of juvenile arrests continue to decline, state policymakers are taking advantage of the opportunity to rethink the way we deal with youth involved with the adult criminal justice system. This legislative session, several bills have been introduced in various states to: 1) raise the age of juvenile court jurisdiction; 2) examine the ways in which youth are transferred to the adult system; and 3) remove youth from pretrial detention.

Missouri, New York, and Texas, all have bills currently being reviewed by the legislature to raise the statutory age for which youth in these states can be automatically prosecuted in the adult criminal justice system. Connecticut is trying to raise the minimum age of transfer from 14 to 15 years of age while Vermont proposes that all cases involving youth under 18 originate in the juvenile court, giving Family Court judges the ability to waive those cases to the criminal court. There is also push to make changes with regard to who decides whether a youth will be transferred to the criminal court, and where that youth is housed pending transfer decisions.  Utah’s SB 167 does several things to reduce the number of youth entering the adult system. Utah’s proposed bill limits the number of offenses in which a child can be “direct filed” in the adult system among other significant shifts in burden and changes in certification language.

Florida, a state notorious for its high number of youth involved in the adult system due to unfettered prosecutorial discretion, has several bills (HB 195, HB 783, SB 444, SB 498, and SB 1082) currently in the Legislature that would limit the number of youth automatically transferred to the adult system. The State of Maryland has bills in both the House and Senate (HB 618 and SB 172) that would require youth to be held in juvenile rather than adult facilities while they await a transfer determination.

In addition to the abovementioned bills, there are many states looking at other aspects of juvenile justice reform, thus making it more likely that youth in the adult system will have a place to go and receive appropriate rehabilitative services if these bills are successful. State legislative sessions end anywhere from late April to early June so there is plenty of time to get involved. To receive information on what’s happening in your state, please join our email list to receive timely updates. You can sign up here.   

A Closer Look at Prison-Based Education

Kay Xiao Monday, 23 March 2015 Posted in 2015, Research & Policy

By Kay Xiao 

Last Tuesday, I attended Justice in Focus: the Path Forward – a talk hosted by the Vera Institute at George Washington University School of Media and Public Affairs. At the event, a series of speakers with diverse experiences and perspectives on the criminal justice system covered a comprehensive range of issues including the economic and social benefits of reducing harsh punishments, the need for positive relationships between law enforcement and the community, and the overall status quo of the criminal justice system in the United States today.

I was particularly enlightened by the segment on firsthand experiences where Craig DeRoche, President of the Justice Fellowship, and Stanley Richards, Senior Vice President of the Fortune Society, shared insights based on their own personal experiences within the criminal justice system. Richards brought forth an issue that is often overlooked in the discourse on criminal justice reform – education. A formerly incarcerated beneficiary of prison-based education, Richard’s experience reflects the significance and efficacy of providing opportunities for former inmates to reintegrate into society.

Research demonstrates that prison-based education helps shape the social and economic outcomes of former inmates. Participants have a 43 percent lower chance of returning to prison in comparison to non-participants. Additionally, prisoners who participated in academic or vocational education programs have been shown to have better employment outcomes post-release.

Moreover, prison-based education is cost effective by virtue of its effect on recidivism reduction. According to a meta-analysis conducted by the RAND Corporation, reincarceration costs are $0.87 million to $0.97 million less for those who receive correctional education, which outweigh the costs of prison-based education.

As the research suggests, the logic is simple. Give people the skills to be productive members of society and the positive effects will transcend the individual to the community.

March Raises Awareness for Girls in the Juvenile Justice System

Kay Xiao Thursday, 12 March 2015 Posted in 2015, Across the Country

Girls in JJ.png

The discourse on youth within the criminal justice system often overlooks the special circumstances and unique challenges that girls in the system face. Before ever coming into contact with the criminal justice system, many girls experience trauma – physical and/or sexual abuse, neglect, poverty and family instability – just to name a few.

According to Detention Reform and Girls, a 2005 report from the Annie E. Casey foundation, an increasing number of girls are being arrested for minor offenses and spending more time —sometimes nearly twice as long — in detention relative to their male counterparts. For girls, these experiences can reignite trauma. Instead of addressing these problems, the process and experience of detention ignores the causal factors for these minor offenses and further exacerbate pre-existing trauma.

Moreover, girls are likelier than boys to be arrested for status offenses and often receive more severe punishment than boys. This highlights the subliminal gender inequality that differentiates the experiences of boys and girls in the criminal justice system to the detriment of girls.

March is a month to raise awareness for girls in the juvenile justice system. Take the time to learn more about girls in the system and reflect on some of the challenges that girls in the system face in your own communities.

Promoting Safe Communities: NJJDPC Recommendations to 114th Congress (2015-2016)

Marcy Mistrett Tuesday, 10 March 2015 Posted in 2015, Federal Update

FINAL2 NJJDPC Recs to 114th Congress Page 01

Promoting Safe Communities is a comprehensive document of issues and recommendations for the 114th Congress to promote safe communities by investing in policies that are both effective and based on adolescent development research regarding at-risk youth and the juvenile justice system.  The document calls for leadership and investment in 5 key priority areas, including the restoration of federal leadership in juvenile justice policy; the support and prioritization of prevention, early intervention and diversion strategies; safety and fairness for court-involved youth; the removal of youth from the adult criminal justice system; and support for youth reentering their communities.

Click here to view the recommendations.  

March is Juvenile Justice Month of Faith and Healing

Kay Xiao Monday, 09 March 2015 Posted in 2015, Across the Country

March marks the annual Juvenile Justice Month of Faith and Healing. This month brings together congregations of all faiths, schools and universities in prayer, service and action. The goal is to offer young offenders hope and alternatives to a lifetime as a hardened criminal by raising awareness and creating engagement with issues pertaining to juvenile justice.

How to Get Involved:

  • Place a bulletin in your faith organization’s newsletter.
  • Throughout the month of March discuss juvenile justice in your weekly faith service.
  • Post a flyer in your place of worship.
  • Host a candle light vigil in your faith community in remembrance of youth in the justice system.
  • Host a discussion after a faith service in your community about juvenile justice issues. Such topics could be sentencing laws, sending children into the adult court system, willful defiance or the classification process in the prison system that sends youthful offenders to higher level prisons than adults for the same crime.
  • Support neighborhood groups that work to create cooperative relationships between neighbors, faith communities, and law enforcement to create a safe and secure community.
  • Support or volunteer with programs that promote victim ministry in your place of worship.
  • Support or volunteer with the ministry at your local detention center.
  • Provide spiritual, material, or emotional assistance to those reentering society, both youth and adult. Schools and places of worship are encouraged to invite formerly incarcerated youth to share their experiences and insights about the juvenile justice system.

For more information or to schedule a speaker please contact Javier Stauring at This email address is being protected from spambots. You need JavaScript enabled to view it.

CFYJ testifies on conditions of confinement for DC Youth in Jail

Najja Quail, CFYJ Intern Monday, 23 February 2015 Posted in 2015, Federal Update

by Najja Quail, CFYJ Intern

On February 19th, DC Councilmember Kenyan McDuffie (D – DC), Chairperson of the Committee on the Judiciary held a Performance Oversight Hearing for the Department of Corrections (DOC), the Office of Returning Citizens Affairs (ORCA), the Corrections Information Council (CIC), and the Department of Youth Rehabilitation Services (DYRS). At the hearing, the Campaign for Youth Justice testified on the conditions of confinement for youth held in the Juvenile Unit of the Correctional Treatment Facility (CTF), the severe lack of programming for these youth, as well as the need for staff training on adolescent development. One of the top issues mentioned by Carmen Daugherty, Policy Director of the Campaign for Youth Justice, was the issue of solitary confinement and its harmful impact on youth. Daniel Okonkwo, Executive Director of DC Lawyers for Youth testified at the hearing on the inadequacy of adult facilities to provide the services that youth need for positive development. He highlighted a need for education, exercise, and pro-social interactions with positive role models. Okonkwo stated that passage of the Youth Offender Accountability and Rehabilitation Act (YOARA) would alleviate some of the concerns raised by advocates, families, and youth.

During questioning, Councilmember McDuffie raised some questions to Thomas Faust, the Director of the Department of Corrections, regarding some of the poignant issues and concerns regarding youth housed at CTF. Currently, according to Faust, 11 youth are confined in CTF. When questioned about solitary confinement, Faust responded that he “rejected” the term “solitary confinement” because what was actually occurring was an “administrative segregation.” Based on his response, “administrative segregation” means being in a cell for 23 hours a day for a maximum of 5 days, at which time a committee must review whether or not the youth held in this solitary confinement will remain “administratively segregated, ”or be released back to the general population. As the Campaign testified, studies have shown that this type of treatment, whether you call it “administrative segregation” or “solitary confinement,” is harmful to the mental, physical, and emotional health of developing youth.

Furthermore, Faust testified that he questions whether or not the Department of Youth Rehabilitation Services’ facility is equipped to house the youth in the Juvenile Unit of the Correctional Treatment Facility due to the fact that some of the youth are “violent offenders.” He then testified that the youth housed in the Correctional Treatment Facility were less likely to act out and were given more privileges due to good behavior which would lead one to believe that maybe there’s more to be said about the “violent offenders” he deemed unsafe for housing in a youth facility. Studies have shown that youth can be rehabilitated, which is the basis for having a separate facility and judicial system for youth and Faust’s testimony on the good behavior of the youth housed in the Correctional Treatment Facility is evidence of this fact. It also further solidifies the need to educate DC Council on the ways youth are treated when they have contact with the law and how YOARA can strengthen public safety by providing much needed rehabilitative services to all youth.

CFYJ continues to monitor conditions of confinement at the CTF and plan on providing testimony at the upcoming DOC budget hearings scheduled for the spring. If interested in providing testimony, please contact Carmen Daugherty at This email address is being protected from spambots. You need JavaScript enabled to view it..

Leading Conservative, Progressive Groups Join Forces to Launch Nation’s Largest Coalition Aimed at Comprehensive Criminal Justice Reform

Monday, 23 February 2015 Posted in 2015, Federal Update

‘Coalition for Public Safety’ to Pursue Aggressive Effort to Reform System at Federal, State, Local Levels

coalition for public safetyWashington, D.C. – Today, a new coalition of the nation’s most prominent conservative and progressive organizations has formed to pursue an aggressive criminal justice reform effort. The Coalition for PublicSafety will be the largest national effort working to make our criminal justice system smarter, fairer, and more cost effective at the federal, state, and local level.Together, these organizations reach tens of millions of Americans seeking commonsense reform, and will work to build consensus around comprehensive efforts that are designed to address some of the most pressing issues facing the nation’s criminal justice system.

The Coalition’s partners include the American Civil Liberties Union (ACLU), Americans for Tax Reform, the Center for American Progress, the Faith & Freedom Coalition, FreedomWorks, the Leadership Conference Education Fund, and Right on Crime.

The Coalition is being funded by individuals and foundations with a broad spectrum of interests, who have come together to jointly pursue broad criminal justice reform. Supporters include Laura and John Arnold, Koch Industries, Inc., the Ford Foundation, and the John D. and Catherine T. MacArthur Foundation.

Christine Leonard, former associate director of legislative affairs in the White House Office of National Drug Control Policy for the Obama administration and director of the Washington, D.C. office of the Vera Institute for Justice, will serve as the Coalition’s executive director.

“Our justice system needs reform. It’s simply too complicated, too big, and too expensive – and all Americans are picking up that tab,” said Christine Leonard, Executive Director of the Coalition. “We’ve brought together an amazing Coalition of prominent and diverse organizations from across the aisle to help solve the issues facing our criminal justice system. It’s inspirational to see such bipartisan support for reform, and I look forward to working with all of our partners.”

The Coalition for Public Safety will build consensus around the need for reform through educational events, national outreach, and media. The Coalition will work across the political spectrum to pursue a comprehensive set of federal, state, and local criminal justice reforms that will reduce jail and prison populations and associated costs, end the systemic problem of over-criminalization and over-incarceration – particularly of low-income communities and communities of color, ensure swift and fair outcomes for both the accused and the victims, and make communities safer by reducing recidivism and breaking down barriers faced by those returning home after detention or incarceration.

For more information on the Coalition, please visit www.coalitionforpublicsafety.org.

Thank You! Advocates are a Powerful Voice at MO Council Hearing

Tracy McClard Friday, 13 February 2015 Posted in 2015, Campaigns

FORMJ

On Tuesday, February 10th, the Missouri Consumer Affairs Committee held a hearing on Missouri’s “Raise the Age” bill, House Bill 300. The bill was introduced by the bill champion, Representatives Ron Hicks (R) who began the hearing by highlighting the main provisions of the bill and the positive changes this would have for 17 year olds in the state of Missouri.

He shared with the Committee the fact that treating 17 year olds automatically as adults has been the law since 1905. Today, youth arrests and detention are down in Missouri and the overwhelming majority of youth are arrested for misdemeanor offenses. 

Supporters of the bill made sure to have a strong presence, and with the leadership of FORJ’s Tracy McClard, the room was packed with supporters to remove 17 year olds from the adult system in Missouri.

What HB 300 “Raise the Age” accomplishes:

1)  Raises the age of juvenile court jurisdiction from 17 to 18: Missouri is currently one of nine states in which a child is automatically charged in the adult criminal system before the age of 18.

2)  Prevents most youth from being held in adult jail while they are awaiting trial.

Nearly a dozen individuals representing several organizations provided testimony at the hearing in favor of the bill. While the testimony covered a wide range of issues associated with youth exposure to the adult criminal justice system, there were a few common themes among the testimonies.

Several witnesses focused on the substantive differences between the services offered at youth facilities and adult facilities and the impact that intervention with the appropriate services can have on these individuals.  The impact on public safety of charging and housing youth in adult facilities was another popular topic. Several witnesses emphasized that these youth will return to society one day and that services in the juvenile system better prepare these youth for reintegration in the community. Multiple witnesses identified research showing recidivism rates were higher for youth held in adult facilities including findings that, “youth prosecuted in the adult system are 34% more likely to reoffend than those in the juvenile system.” Witnesses also noted that charging and holding youth in adult facilities does not deter crime.  

Several witnesses in favor of the bill, including a local sheriff, testified that the recent Prison Rape Elimination Act (PREA) requirements of sight and sound separation for all youth under 18 in adult facilities provides more motivation to pass this bill now. Otherwise, states will lose precious federal dollars in unable to meet the stringent requirements.

No groups or individuals testified in opposition of the bill further paving the way for passage.

The full text of the bill can be found HERE.  To receive more information about Missouri’s Raise the Age efforts or get involved, please go to FORJ-MO.

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