By Liz Ryan

At a recent event in New York, “In Search of Meaningful Systemic Justice for Adolescents in New York” hosted by the Benjamin N. Cardozo School of Law at Yeshiva University, I gave an update on the trends in juvenile justice reforms as they relate to youth in adult criminal court and youth in adult jails and prisons.

During the past eight years, approximately twenty states have enacted more than thirty pieces of legislation to reduce the prosecution of youth in adult criminal court and end the placement of youth in adult jails and prisons.  These reforms have been undertaken in all regions of the country and have been led by republican and democratic policymakers.  CFYJ issued a report in 2011, “State Trends: Legislative Victories from 2005 to 2012 Removing Youth from the Adult Criminal Justice System” authored by Neelum Arya documenting many of these reforms and the National Conference of State Legislatures (NCSL) released "Juvenile Justice Trends in State Legislation, 2001 - 2011",  in August, 2012 highlighting reforms over the previous decade.

Overall, the states have moved away from prosecuting youth in the adult criminal court and placement in adult jails and prisons, and towards providing access for children to improved rehabilitation and treatment services in the juvenile justice system.  In the past eight years, we’ve seen four major trends.

Several states have raised the age of juvenile court jurisdiction to age 18.  Connecticut was recently featured in a report, “Juvenile Justice Reform in Connecticut: How Collaboration and Commitment Have Improved Public Safety and Outcomes for Youth”, highlighting how it achieved this success.  Illinois removed 17 year olds charged with misdemeanors.  The Illinois Juvenile Justice Commission recently reported on the success of this effort and recommended that Illinois update its law in 2013 to remove 17 year olds charged with felony offenses, which can be viewed here. Mississippi also removed most 17 year olds from automatic prosecution in adult court, and Massachusetts and North Carolina’s lawmakers are considering ‘raise the age’ proposals in their 2013 legislative sessions.

More than a dozen states have changed their transfer/waiver laws to keep more youth in juvenile court.  These efforts have focused on providing judges more discretion to consider whether a youth’s case should be considered in adult criminal court and have dealt with felony cases as well as younger offenders.  States enacting these reforms include, Arizona, Colorado, Connecticut, Delaware, Illinois, Indiana, Nevada, Ohio, Utah, Virginia and Washington.  In 2013 legislative sessions, efforts are underway in Missouri, Nebraska, Nevada and Oregon, and Maryland has enacted a task force to examine this issue.

And, ten states have changed their laws to remove youth from pretrial placement in adult jails and/or placement in adult prisons under the age of eighteen.  These states include, Colorado, Idaho, Maine, Minnesota, Ohio, Oregon, Pennsylvania, Texas and Virginia.  Indiana just passed legislation in its 2013 session to remove youth from adult prisons.

Finally, a handful of states have changed their sentencing laws as they apply to youth.  These include Colorado, Georgia, Texas and Washington.  Oregon is considering legislation in its 2013 session.

As we’ve had the opportunity to work with so many allies in these states, there are many lessons learned from these successful efforts.  Here are just a few:

First, in these state reform efforts, state research and analysis has played a significant role in informing policymakers.  In a number of these states, state experts researched and wrote reports that looked at the state law and available data, and interviewed directly affected youth and their families.  These reports provided insights on the issue, identified problems and created a platform for reform.  We’ve highlighted many of these reports on our website here.

Second, the recidivism research showing that youth are more likely to re-offend when prosecuted in adult criminal court has proved invaluable.  Policymakers are most interested in the impact of public safety when they consider policy reforms on juvenile justice.

Third, the public strongly supports these kinds of reforms, seeing the issue as one of fairness and humane treatment of children.  Public opinion polling conducted by GBA strategies in 2011 shows that the public strongly supports rehabilitation and treatment over incarceration and automatic prosecution in adult criminal court, favors judicial decision-making and supports reducing racial and ethnic disparities in the justice system.  In this and other polling, the public absolutely rejects placing youth in adult jails and prisons, the polling can be found here.

Fourth, a number of these states created study commissions with all the key stakeholders, dedicated resources and staff, and a research and analysis capacity to examine the issue.  These study commissions obtain buy-in from key stakeholders, are a vehicle to create and advance policy recommendations as well as work out differences and monitor implementation of reforms.

Finally, involving directly affected youth and their families in these efforts is essential. Youth and families' voices and perspectives are the most crucial in informing policymakers and educating them on the negative impacts of prosecuting youth in adult criminal court.

As New York and other states consider policies to reduce the prosecution of youth in adult court, developments in these states and the lessons learned offer much to consider.  Thanks to the dedication and hard work of so many organizations and individuals around the country, we anticipate additional reforms in 2013 and beyond.

By Tracy McClard

The Missouri state legislature which began its 2013 session on January 9 and concludes May 17, is giving SB36/HB541- Jonathan’s Law overwhelming support.  Jonathan’s Law was named for Jonathan McClard who lost his life in an adult facility in Missouri right after his 17th birthday.  

Jonathan’s Law gives more youth who are certified as adults, access to Missouri’s Dual Jurisdiction Program operated by Missouri’s Department of Youth Services.   In this program, which was implemented in 1995, youth are kept out of adult facilities and placed in a youth oriented facility that provides education, mental health services, drug rehabilitation, victim empathy, and family involvement all in a space that was created to give youth the services they need to become productive members of society.  

The bill, which is sponsored by Senator Wayne Wallingford and Representative Hicks, has passed the senate judiciary committee, senate floor, and house judiciary committee unanimously.  

For additional information on Jonathan’s Law, click here for our fact sheet.

During the month of April, thousands of individuals and organizations will be calling on  their governors to cease the practice of placing youth in adult jails and prisons in order to comply with the Prison Rape Elimination Act (PREA).  Passed unanimously by Congress in 2003, PREA restricts the placement of youth in adult jails and prisons. The U.S. Department of Justice regulations state: “as a matter of policy, the Department supports strong limitations on the confinement of adults with juveniles.”  The regulations ban the housing of youth in the general adult population, prohibit contact between youth and adults in common areas, and limit the use of isolation.
Children in adult jails and prisons are:

--At the greatest risk of sexual victimization according to the National Prison Rape Elimination Commission;

--Often placed in solitary confinement 'for their own protection' which is detrimental to their mental health and can result in suicide; and

--Denied educational services, counseling and other supports.
It is crucial that governors fully protect children from the dangers of adult jails and prisons.  Rather than try to segregate children from adults in adult jails and prisons which often leads to solitary confinement, governors should implement best practices by removing youth from adult jails and prisons.

Take Action Now!

Here are 2 things you can do today:
(1) Tell your governor there's no excuse for keeping kids in adult jails and prisons!
Click here to contact your governor!

(2) Spread the word!
Throughout the month of April, Sexual Assault Awareness Month, we hope you will spread the word! We will be sharing information and ways to get involved. To get updates, view our blog, like us on Facebook, or follow us on Twitter @JusticeforYouth. Our hashtag is: #Implement PREA.

For additional information our PREA page, here.

By Angella Bellota

When legislators introduced HB 217 last week at the North Carolina General Assembly, your quick response to stand in solidarity with North Carolina youth and families slowed down the bill!

HB 217, would throw children as young as 13 into the adult criminal justice system and remove judicial oversight. If this bill were to pass, it would give prosecutors complete discretion over the future of NC children and strip juvenile court judges’ of their decision making power – the only neutral and unbiased decision maker in transfer cases.

Within a matter of days, here is what YOU were able to accomplish:

In less than two days, over 400 of you signed the petition started by NC youth leaders calling a stop to HB 217. This means that each of the fourteen members on the committee received over 400 emails urging them to oppose section 7, of HB 217.

Along with your calls and direct messages to friends, family and networks we not only flooded their phone lines but also their inboxes! Youth leaders also took action through social media, and the word to attend the hearing spread like wildfire. On the morning of the hearing, you were able to pack the room!

NC allies received an overwhelming amount of support from youth, students, advocates, faith leaders, attorneys and judges. Your presence is making it clear -- Our communities will not stand by and allow ineffective proposals to further criminalize youth!

The fight is not over!

We can expect the committee to most likely reconvene on Wednesday, April 3rd. We were informed that the committee will reconvene once the NC Advocates for Justice and others have a chance to meet with representatives from the Conference of District Attorneys the first week of April.

North Carolina allies are asking everyone to continue to put pressure on the decision makers involved on this bill. The primary sponsor, Rep. Stam has requested feedback and comments, and below you will find ways to continue to have your voice heard:

·         Each time someone signs the petition, bit.ly/NOHB217 the committee members receive a message urging them to oppose HB 217. If you have already signed, please take the next 30 seconds to share it through email and on social media! Help NC reach 500 signatures!

Join several other organizations sending in a formal letter opposing HB 217. If you are interested and/or need assistance drafting a letter, contact: Angella Bellota, Field Organizer This email address is being protected from spambots. You need JavaScript enabled to view it.

Make plans to attend the hearing next week. We will continue to share details with you as soon as we get them.

Are you interested in testifying? We can help! Contact Angella Bellota, Field Organizer This email address is being protected from spambots. You need JavaScript enabled to view it.  

We are excited to be a partner in North Carolina. Join us in showing your support by sharing this alert with your networks!

CFYJ with students from Cesar Chavez Public Charter Schools of Public Policy

By Pauline Cao

This morning, the Alliance for Youth Justice, in partnership with the Campaign for Youth Justice, participated in a stimulating presentation for a class at Cesar Chavez Public Charter Schools of Public Policy.  Mary Kate, Kate, and Daniela are three graduate students at Smith College School for Social Work and have been working with the Campaign over the past few months, researching and creating useful fact sheets. Part of their project is to engage the community about juvenile justice issues, and what better way is there to engage the community than engaging the youth themselves?

The students at the Chavez School learn about public policy and social justice issues to empower them to use critical thinking as civic leaders that are committed to bettering the world. These high school students at the Capitol Hill campus are very intelligent and absorbed in the issues. They were engaged and had enlightening comments to contribute throughout the entire presentation.

The presentation consisted of discussions about juvenile justice issues and a panel that was facilitated by CFYJ’s Shanta’ Gray. The panel comprised of two CFYJ Spokespersons, Michael Kemp and Keila Hailes. Michael is a formerly incarcerated youth, and Keila’s son is a youth that was affected by the system.

After hearing Michael and Keila’s stories, the students were able to ask questions and have captivating discussions with the spokespeople. For example, during a discussion about education for youth after serving time, they often are sent to alternative schools instead of their typical class setting they were at before they were incarcerated. One student bravely opened up about how he went to an alternative school before attending a Chavez School and he is grateful for the school he is at now. He powerfully said, “I got out and I’m never going back”.  In fact, this student is graduating this year.

The students at Cesar Chavez had to do a take away ticket at the end of the presentation,  the take away was to share the information they learned in the presentation with their peers and the community. The students suggested sharing the material with teachers, friends, and specifically friends who have been affected by criminal justice system in Washington, DC.

Today, the National Juvenile Justice and Delinquency Prevention Coalition (NJJDPC), a Coalition comprising more than 300 national, state, and local organizations working together to ensure healthy families, build strong communities, and improve community safety and well-being, released "Promoting Safe Communities: Recommendations to the Congress".

The report calls on Congress to support effective systems of justice for our youth by focusing on the following five priority areas:

1. Restore Federal Leadership in Juvenile Justice Policy
2. Support and Prioritize Prevention, Early Intervention, and Diversion Strategies
3. Ensure Safety and Fairness for Court-Involved Youth
4. Remove Youth from the Adult Criminal Justice System
5. Support Youth Reentry

"The juvenile justice system across the U.S. is in urgent need of reform, and federal leadership is necessary to advance the pace of change. Congress has the unique opportunity to reverse this trend and promote and support evidence-based practices and policies that prevent delinquency, "said Liz Ryan, CEO and Founder of the Campaign for Youth Justice. "It is our hope that the 113th Congress accepts these proposed recommendations to create better outcomes for our youth, as well as our communities."

NJJDPC comprises more than 300 national, state and local organizations working together to ensure healthy families, build strong communities, and improve community safety and well-being.

To take action in your state:

1. Email this full report to your members of Congress with a note asking them to support these recommendations.
2. Share this document and the NJJDPC website, promotesafecommunities, on your Facebook page or Twitter feed.

For a full copy of the CFYJ testimony, visit here.