CFYJ 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. Adolescent development and adolescent brain research have prompted leaders across the country to start looking at our juvenile justice system through a developmentally appropriate lens.1 Such a perspective equally applies to the treatment of youth who would be eligible for adult prison sentences. In light of the decline of youth arrests and youth crime, coupled with the requirements of the Prison Rape Elimination Act (PREA) the housing status of the 1200 youth under 18 years of age in the adult prison must be investigated. Each state has its own unique prison system, so in order to determine the housing status of youth we gathered information on each state’s statutes, policies, and practices for housing the shrinking — and at times — invisible, population of youth in adult prisons across the country.

Despite the strong language provided in the Prison Rape Elimination Act, state laws vary widely as to the regulations and parameters for housing youth in adult prisons. In fact, some states have no regulations or parameters governing the treatment of youth sentenced as adults at all. While some states have fully removed youth from their prison systems — Hawaii, West Virginia, Maine, California, and Washington — the overwhelming majority of states allow youth to be housed in adult prisons. In fact 37 states housed youth under 18 years of age in their state prisons in 2012. The PREA requirements 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 protections. Once youth are sentenced in adult court to an adult prison term, few jurisdictions have enacted safeguards to protect their physical, mental and emotional health. Additionally, programs and behavioral responses in adult facilities rarely are adjusted to meet the needs of adolescent populations.

Link To Full Report
Link To Executive Summary

Also please help us spewad the word on social media:

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-        CFYJ’s latest report explores how states house youth in prisons in the new age of PREA compliance and enforcement http://bit.ly/1MX7BHF

-        CFYJ launches a new report: “Zero Tolerance: How States Comply with PREA’s Youthful Inmate Standard” http://bit.ly/1MX7BHF

-        Despite PREA regulations, the majority of states still permit the housing of youth in adult facilities, highlights CFYJ’s new report http://bit.ly/1MX7BHF

-        According to CFYJ’s latest report, the number of youth incarcerated in the adult prison system has decreased 70% since 2000 http://bit.ly/1MX7BHF

-        CFYJ’s new report finds that youth of color are placed in adult facilities at much higher rates than their white peers http://bit.ly/1MX7BHF

-        Youth housed in adult prisons face higher risks for sexual abuse, physical force or threat of force, says CFYJ’s latest report http://bit.ly/1MX7BHF

-        CFYJ’s new report once again exposes the consequences of sending youth to adult prison: recidivism, abuse and suicide http://bit.ly/1MX7BHF

-        Florida is the state with the highest population of juveniles in prison, according to CFYJ’s latest report http://bit.ly/1MX7BHF

-        Youth in adult prisons recidivate 34% more often than youth in the juvenile system, reminds CFYJ’s new report http://bit.ly/1MX7BHF

-        CFYJ’s latest report once again shows that youth in the adult system commit suicide at greater rates http://bit.ly/1MX7BHF

Facebook:

-        CFYJ just released a brand new report, “Zero Tolerance: How States Comply with PREA’s Youthful Inmate Standard”, which explores how states house youth under 18 in prisons in the new age of PREA compliance and enforcement. The report highlights that despite the official implementation of PREA, the majority of states still permit the housing of youth in adult facilities and/or refuse to comply. Youth housed in adult prison face greater risk of physical abuse and suicide than youth in juvenile facilities. http://bit.ly/1MX7BHF

-        CFYJ’s latest report, “Zero Tolerance: How States Comply with PREA’s Youthful Inmate Standard”, once again shows the disastrous consequences of incarcerating youth in adult facilities. Youth in adult prisons recidivate 34% more often than youth in the juvenile system. Youth of color are the first targets of this system and are much more likely to be placed in adult facilities than their white peers. http://bit.ly/1MX7BHF

This week marks the twelfth anniversary since Congress passed the Prison Rape Elimination Act (PREA) to address the sexual assault and victimization in prisons, jails, lockups, and other detention facilities. Some could characterize PREA’s development as being in its adolescence. Thus, we exercise patience and understanding when the law and regulations aren’t panning out as neatly as Congress could have hoped. Yet, we wait, give rational excuses as to why PREA audits aren’t going as smoothly as anticipated, and hold our collective breath for the Department of Justice to “figure it out”. "Give it time to work", we hear, and we nod our heads in agreement. We recognize that 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. 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 ten years doesn’t pass with the same results.

Ironically, or not to some, we do not exercise the same level of patience, consideration, or solution focused attitudes when it comes to youth involved in the criminal justice system. On any given day, nearly 6200 youth under 18 are sitting in adult jails and prisons. Some in solitary confinement for their own “protection” and some in general population because the crime they have committed automatically makes them an “adult”. All much too young to waste away behind bars; many first time, nonviolent offenders; and none receiving rehabilitative services proven to reduce recidivism and increase public safety.

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 the adult system. The Department of Justice took these recommendations in stride and stated “as a matter of policy, the Department supports strong limitations on the confinement of adults with juveniles.”  To advance this position, the PREA regulations include a “Youthful Inmate Standard” to protect youth in adult facilities. That 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.  While not a panacea, it certainly provides a sturdy floor for which states can stand and reach higher with the support from the federal government.

The ACLU and Human Rights Watch estimate 100,000 youth in jails and prisons each year which means a staggering 1.2 million youth have cycled through an adult facility since PREA’s enactment. The vast majority of states statutorily allows the housing of youth in adult jails and prisons. Most without the full protection of what PREA can offer.  Despite these grave figures, incremental progress is documented at the state level with twelve states (CO, ID, IN, ME, NV, HI, VA, PA, TX, OR, OH, MD) passing legislation limiting the states’ authority to house youth in adult jails and prisons in the last decade. Approximately one state a year since PREA's enactment. 

As states continue to work towards full PREA compliance, we should start seeing new policies and regulations that reflect the way states treat young offenders in their facilities.  Ideally, this will lead to the full removal of youth from adult jails and prisons to really see the success of PREA.  Indeed, several states have used the advances in brain research paired with the costs of PREA compliance and falling crime rates to argue for removing youth under 18 from criminal court jurisdiction altogether (e.g. Massachusetts and New Hampshire both raised the age of criminal responsibility to 18, in part to comply with PREA).  

Later this month, Campaign for Youth Justice will release a report that examines the ways that states regulate the housing of youth in adult prisons in the PREA-era. We combed through state statutes and state Department of Corrections' policies to see how youth under 18 are housed. The results are not surprising and reiterate how we punish youth who sometimes make terrible decisions; no second chances. As we recognize in so many other facets of society,  adolescence is a time of mistakes and lessons learned. And when it comes to policymakers, we recognize that the enactment of laws often times require a few years to see results so we exercise patience and have a willingness to tweak where beneficial to society. Shouldn't we do this for some of our most vulnerable youth as well?

Last year, Gov. Rick Perry, refused to complete a process to bring Texas into full compliance with the Prison Rape Elimination Act (PREA), saying it would result in unfunded mandates for local sheriffs and a reduction in prison guards. The actual gap between where Texas is and where it needs to be is relatively small, but the problems that remaining noncompliant will create for the state- including increased possibility for litigation and a loss of federal grant money - could be substantial.

Gov. Perry is just one example, in one state that magnifies a larger problem.

Over a decade ago, the U.S. House of Representatives unanimously approved PREA, a bill designed to end sexual violence behind bars. The passage of PREA was a bipartisan effort, signed into law by President George W. Bush, also a former governor of Texas.  U.S. Department of Justice officials worked tirelessly to write and issue regulations in 2012 to implement PREA through several comment periods.  

Now is the time to ensure that all states are in compliance and the U.S. Attorney General and the nation's governors need to devote their attention to enforcing this law. Today, Governors from across the country will once again provide information to the Department of Justice as to whether the state will be in compliance, or continue working towards full compliance.

What's at stake if PREA is not enforced? 

For starters, the safety and well-being of the approximate 100,000 children placed in adult jails and prisons every year.  

These children include Ameen, incarcerated in adult prison as a teen, who wrote CFYJ a letter stating that he witnessed a 14 year old being sexually assaulted by three other inmates, and Antonio, sent to adult prison at age 17, who wrote to us about his experiences stating that, "I came to prison so young; sexual advances were made toward me. I had to defend myself the best way I knew how, which was to fight."  And these children include Rodney Hulin, sent to adult prison at 16, repeatedly raped and died by suicide. Unfortunately these stories are more common than we recognize and youth are 36 more times more likely to commit suicide in an adult jail than in a juvenile detention facility.

To protect children, the PREA regulations include the Youthful Inmate Standard that bans the housing of youth with adults, prohibits contact between youth and adults in common areas, and ensures youth are constantly supervised by staff.  At the same time, the regulations limit the use of solitary confinement in complying with this standard. Enforcement of the Youthful Inmate Standard is just the baseline for safety, and we need to encourage our jurisdictions to go further to ensure that no child is victimized in a detention facility.

Governors and local officials should implement the best practices to fully protect youth in the justice system.  Best practices include removing youth from adult jails and prisons, and instead placing them in juvenile detention and correctional facilities where they are more likely to receive developmentally appropriate services, educational programming and support by trained staff. 

States that need assistance should consult other states that have already adopted policies to keep children out of adult jails or prisons, such as Colorado, Indiana, and Virginia.  States can also seek federal technical assistance through the U.S. Department of Justice sponsored centers such as the National PREA Resource Center and the National Center for Youth in Custody and apply for federal grants from the federal Bureau of Justice Assistance (BJA).

Thousands of individuals and organizations in nearly every state have called on the U.S. Attorney General and the nation's governors to ensure that children are protected from the dangers of adult jails and prisons through the PREA. 

Since PREA was passed, an estimated one million children have cycled through adult jails and prisons.  Unfortunately, the PREA came too late to impact these childrens' safety and well-being. Now is the time for the U.S. Attorney General and the nation's governors to fully implement this law and protect our children.

This Friday, May 15, governors across the country will once again certify that their states are following the Prison Rape Elimination Act (PREA) and protecting people in prison from sexual abuse.

In Texas, this issue has sharply divided the corrections community.  On March 28, 2014, then Governor Rick Perry announced that Texas would not comply with the Prison Rape Elimination Act (PREA).  Since that time, Texas sheriffs — custodians over the thousands of Texans housed in local county jails — have made clear that Governor Perry’s statements did not reflect their own views on PREA.  The vast majority of Texas Sheriffs have made clear that they intend to comply fully with PREA standards because these standards reflect best practices for keeping those in their care safe.  These Sheriffs have asked the Texas Legislature to help them comply by raising the age of juvenile jurisdiction from 17 to 18. 

Among other things, PREA requires all offenders under 18 to be housed separately from adults in correctional facilities.[1]   Research has shown that adult correctional facilities are a breeding ground for violence and abuse.  Youth are over eight times as likely to have a substantiated incident of sexual violence while in state prisons than adults in these same facilities.[2]  Moreover, 17-year-olds who are held in adult correctional facilities are subject to isolation, which poses a severe danger to their mental and physical health.[3]  Because PREA defines a “youthful inmate” as anyone under the age 18, 17-year-olds MUST be kept “sight and sound” separated from the rest of the adult population.  Unfortunately, county jails (where the majority of youth are held) are not equipped to segregate 17-year-olds without isolating them.[4]

This Youthful Inmate Standard (examined more fully below) has greatly impacted adult county jails, forcing them to expend extra costs to comply, and leaving many counties unable to comply due to architectural constraints.  For example, Dallas County spends approximately $79,850 per week to separate 17-year-olds from adults.[5]  Harris County has had to evacuate entire floors to move one or two 17-year-olds to the shower.[6]  Smaller counties are logistically unable to provide “sight and sound” separation and/or avoid placing youth in insolation without retrofitting facilities at tremendous expense.[7]  Simply put, Texas county jails cannot continue housing 17-year-olds with adult inmates or in isolation cells without financial cost and/or liability risk. 

Yet another county concern is lawsuits: PREA exposes counties to increased civil liability,[8] with the potential for substantial litigation costs.  While the Department of Justice maintains that “[t]he standards are not intended to define the contours of constitutionally required conditions of confinement,”[9] it is highly likely that the PREA standards will inform future civil litigation surrounding prison conditions.  In Farmer v. Brennan, the United State Supreme Court set forth the standard for determining if prison conditions violated the Eighth Amendment.[10]  The two-part test adopted by the Supreme Court required the plaintiff to prove (1) that the conditions were cruel and (2) that the government was deliberately indifferent to the conditions facing the inmate.  Prior to PREA, this second prong—deliberate indifference—narrowed the class of claims that litigants were able to bring, because it is extremely difficult to prove that a government entity was deliberately indifferent to the conditions facing inmates. 

PREA has the potential, however, to change the way this litigation proceeds in the future by providing national standards—supported by extensive evidence-based research, correctional administrator input, public commentary, and other documentation—that suggest what governments must do to provide safe environments for inmates.  Thus, failure to follow these PREA standards could be seen as prima facie evidence of deliberate indifference and may result in plaintiffs succeeding past the initial stages of litigation, substantially increasing litigation costs to facilities that fail to comply with PREA.  One ex-inmate of Travis County has sued, alleging that county and sheriffs’ officials displayed deliberate indifference to his safety by failing to comply with PREA; he is seeking $2 million in damages as compensation for the rape he sustained while in the Travis County jail.[11]

Because protecting and serving 17-year-olds in adult custody is a challenge for local jails, a risk to long-term public safety, and a burden on taxpayers, many Sheriffs have chosen to support “raising the age” of juvenile jurisdiction.

All eyes are now on the Texas Legislature, a bill authored by Chairman Harold Dutton of the House Juvenile Justice and Family Issues Committee winds its way through the Legislative process.  HB 1205 would raise the age of juvenile jurisdiction from 17 to 18. If the Legislature fails to act on this important bill, it will have left Texas youth in a vulnerable position, subjected local counties to threats of expensive litigation, and failed to recognize what every parent knows:  17 year olds are still children and should be treated as such. 

Elizabeth A. Henneke is the Policy Attorney at Texas Criminal Justice Coalition.

Citations
________________________________

[1] Ibid.

[2] National Standards to Prevent, Detect, and Respond to Prison Rape, 77 Fed. Reg. 37106-01, 37128 (Jun.20, 2012)

(amending 28 C.F.R. pt II5); see also, Lacey Levitt, “The Comparative Risk of Mistreatment for Juveniles in Detention Facilities and State Prisons,” International Journal of Forensic Mental Health 9 (2010): 44-54, http://www.prearesourcecenter.org/sites/default/files/library/riskofjuvenilemistreatment.pdf (Youth in adult prisons are “five times more likely to report being sexually assaulted by other inmates than in a juvenile commitment facility.”).

[3]  Deitch, et al., "Conditions for Certified Juveniles,” 25-26.

[4] Ibid.

[5] Sheriffs Adrian Garcia, Christopher Kirk, and Lupe Valdez, “Sending 17-Year-Olds to Adult Jails Costly to Teens and Taxpayers, “Dallas Morning News, May 19, 2014, http://www.dallasnews.com/opinion/latest-columns/20140519-sending-17-year-olds-to-adult-jails-costly-to-teens-and-taxpayers.ece.

[6] Deitch, et al., "Conditions for Certified Juveniles,” 25.

[7] Ibid.

[8] Deitch, et al., "Conditions for Certified Juveniles,” 25-26.

[9] Ibid, 2.

[10] 511 U.S. 825 (1994).

[11] Farzad Mashhood, “Ex-Inmate Sues Over Travis County Jail Rape Claim,” Austin American-Statesman, March 14, 2014.

This Friday, May 15, governors across the country will once again certify that their states are following the Prison Rape Elimination Act (PREA) and protecting people in prison from sexual abuse.

In New York, the Department of Corrections and Community Supervision has already taken some steps to follow the law, even producing orientation videos to educate people in prison on how to avoid sexual predators inside the walls.  However, despite these important efforts, New York must still take steps to protect the most vulnerable populations from sexual victimization –transgender people and young people housed in adult jails and prisons.

Transgender people are victimized at rates nearly ten times of other incarcerated people. The Bureau of Justice Statistics recently reported that nearly 40 percent of all transgender prisoners reported sexual assault or abuse. Transgender women housed in male prisons are often at greatest risk.  New York prisons often place trans prisoners in solitary confinement for their own protection, despite the fact that PREA specifically prohibits the use of segregated housing to protect people who are considered to be at high risk for sexual assault and abuse. Placement of trans prisoners in solitary confinement is not only traumatic and harmful to mental health, it also increases the risk of assault and abuse by prison staff. New York DOCCS must do more to ensure compliance with PREA by committing to house trans people consistent with their gender identity, establishing one or more voluntary housing units for transgender people, and prohibiting the use of involuntary solitary confinement for trans people.   

New York is also leaving hundreds of young people vulnerable to sexual victimization in adult facilities.  Because New York is one of only two states (along with North Carolina) that automatically prosecutes all youth as adults when they turn 16, New York has one of the highest number of youth incarcerated in adult jails and prisons in the country.  On any given day in New York State, there are approximately 800 16- and 17-year-olds in adult jails and prisons. 

Young people in adult jails and prisons are particularly vulnerable to sexual abuse. The Bureau of Justice Statistic report found  that among young people victimized by other prisoners in 2011-12, more than three-quarters experienced force or threat of force, and a quarter were injured.  At a recent legislative hearing, one mother provided powerful testimony of her 17-year-old son’s harrowing experience in an adult prison in New York:

“[My son] entered the correctional system as a mentally ill, naïve and very vulnerable 17-year-old incapable of handling prison life. He was placed in the general population even though the forensic evaluation strongly advised against this.   Within a few months, he became a target of sexual victimization. An older inmate pretended to be his friend and then threatened him unless he provided sexual favors. In response to this victimization, he was given solitary confinement, until his family intervened on his behalf. He was then transferred to another facility and placed in a unit for mentally ill inmates. He developed symptoms of PTSD, suffering from nightmares, insomnia and short-term memory loss and yet he did not receive any treatment for this.”

Under PREA’s Youthful Inmate Standard, young people under age 18 may not be housed with adults and may not be kept in solitary confinement as a way to separate them from adults.  New York has sought to comply with this requirement by housing 16- and 17-year-olds in separate units where they do not have contact with older prisoners. However, as the federal inquiry into the adolescent jail at Rikers Island found, because young people are still housed in adult facilities and subject to their punitive and violent culture, they are suffering widespread abuse behind bars. 

The only way to keep incarcerated youth safe in New York is to pass legislation to raise the age of criminal responsibility from 16 to 18 and remove all youth people from adult jails and prisons. The State Legislature packs up and goes home for the year in June – our elected officials must not leave Albany without raising the age of criminal responsibility and standing up for New York’s most vulnerable youth.

Erin Beth Harrist is a staff attorney at the New York Civil Liberties Union, where she focuses on statewide civil rights and civil liberties impact litigation.

Mishi Faruqee is the Juvenile Justice Policy Strategist for the American Civil Liberties Union focusing on national and state juvenile justice policy reforms.

On any given day, over 8,000 youth are detained or confined in adult jails and prisons.  The research shows that youth are not safe in adult jails and prisons and are at the greatest risk of sexual victimization.  According to research by the Bureau of Justice Statistics, youth under the age of 18 represented 21 percent of all substantiated victims of inmate-on-inmate sexual violence in jails in 2005, and 13 percent in 2006 - surprisingly high since only one percent of jail inmates are youth.  The National Prison Rape Elimination Commission found that, "more than any other group of incarcerated persons, youth incarcerated with adults are probably at the highest risk for sexual abuse."  Research also shows that youth are 36 times more likely to commit suicide in an adult jail than in a juvenile detention facility.   

Over ten years ago, the Prison Rape Elimination Act (PREA) unanimously passed Congress.  The U.S. Department of Justice (DOJ) issued final regulations in August 2012 to implement PREA in order to end sexual violence behind bars. YOUR VOICE was instrumental in getting these regulations published and the Youthful Inmate Standard is a powerful tool in removing youth from adult jails and prisons. 

This week, CFYJ will highlight states that are working towards justice reform utilizing the tools that PREA provides. We will continue to be watching as Governors provide certifications to the Department of Justice in hopes that states move closer to full PREA compliance.

By May 15th, Governors will have to certify whether their state is in compliance with PREA, or make assurances that federal dollars will be used to come into compliance. Help us monitor state responses and continue to advocate for full PREA implementation:There's No Excuse! Protect Children from Rape in Adult Jails and Prisons. Use #ImplementPREA to show your support.

Please visit our blog this week for updates on PREA from around the country.

Additionally, here are some sample posts for social media, please share:

Twitter:

“There’s No Excuse” national week of action to end prison rape #ImplementPREA

Prison Rape Elimination Act was passed to end sexual abuse behind bars. Act now to #ImplementPREA

PROBLEM: Jails & prisons are not equipped to protect youth from dangers of adult facilities. SOLUTION: #ImplementPREA

PREA would help the more than 2 million people behind bars including the 100K youth in jails & prisons every day  #ImplementPREA

There's No Excuse! Protect Children from Rape in Adult Jails & Prisons. Take Action TODAY#ImplementPREA

Implementing PREA will save lives. Join our efforts to protect youth behind bars #ImplementPREA

Facebook:

On any given day, over 8,000 youth are confined in adult jails and prisons. Research shows that youth are not safe in adult facilities and are at the greatest risk of sexual victimization. Youth are 36X more likely to commit suicide in an adult jail than in a juvenile detention facility. Take Action during the “There’s No Excuse” #ImplementPREA.

Prison rape is no laughing matter: More than 2million people behind bars including the 100K youth in jails & prisons are at risk of sexual abuse every day. The Prison Rape Elimination Act was passed to end sexual abuse behind bars. Its time for Governors to ensure that PREA is implemented in every state. Learn more and take action #ImplementPREA

This week on, May 15th marks the certification date for the Prison Rape Elimination Act (PREA), and the CFYJ has been pushing for transparency and compliance with the Youthful Inmate Standard (YIS). The YIS was created to protect youth in adult jails, prisons, and lock ups and we are anxious to see how states will comply with this standard. With your help, it will become clearer to all of us what states are doing and how they plan to safely and humanely detain youth in adult jails/prisons. Our hope is that they realize that the safest and smartest plan is to simply remove youth completely.

On February 11th, the U.S. Department of Justice (DOJ) issued a letter to state governors reminding them of their obligations under the Prison Rape Elimination Act (PREA) and setting a strict deadline for governor certification of compliance. Per the PREA standards, states risk losing valuable federal dollars--such as the Bureau of Justice Assistance's Edward Byrne Memorial Justice Assistance Grant Formula Program and the Office of Juvenile Justice and Delinquency Prevention's (OJJDP) Act Formula Grant Program--if unable to provide DOJ with certification of compliance or assurance that money will be used to come into compliance.  

 

We can not let another 10 years go by without states removing children from adult jails and prisons. Take action today. Let the U.S. Attorney General know that kids need to be removed from adult jails and prisons.